CN-550000-ASS19-W0020000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

RAILROAD CHANGE ORDER NUMBER

725-090-04A

RAIL

OGC – 12/23

Financial Project ID Roadway Description County Roadway ID Contract ID

441387-1-57-01 US 41/SR 45 & PASEO DEL MAR

BOULEVARD

HILLSBOROUGH 10060000 ASS19

A. 1. The CSX Transportation Inc Company is hereby authorized to observe the following changes in the plans and or specifications to the subject Railroad Agreement, and to perform such work accordingly, further described as:

Resurfacing and roadway rehabilitation and sidewalk construction for a project adjacent to the CSX Right of Way. This change order covers all work deemend necessary to complete the project.

*Crossing #624773S, Paseo Del Mar Boulevard, RRMP: AZA 892.96 *Crossing #624780C, US 41/SR 45, RRMP: AZA 890.00 Note: Tampa Electric Company (TECO) is responsible to the CEI & Flagging Services for Crossing #624780C, RRMP AZA 890.00, a permitted spur that crosses US 41 to the North.

2. Exhibit A, Exhibit B, and Exhibit C are attached to the Railroad Change Order and made part of the below referenced Railroad Agreement.

3. The items of work covered by this Change Order are referenced to the Master Agreement of record dated 8/7/1972 and no Supplemental Agreement is required.

Agreement Type: Crossing Surface

B. 1. Reimbursement for the cost of this Railroad Work is to be in accord with the provisions set forth in Administrative Rule Chapter 14-57 Section .011(2) as:

a. ☐ NONREIMBURSABLE

b. ☒ REIMBURSABLE

(1) ☒ Force Account Method

(2) ☐ Lump Sum Method

(3) ☐ Third Party Contract Method

C. ESTIMATED COST OF WORK DUE TO THIS CHANGE ORDER

CHANGE

ORDER DESCRIPTION

PREVIOUSLY

AUTHORIZED WORK

AMOUNT(S)

NEW AUTHORIZED

WORK AMOUNT

Construction, Flagging & CEI Construction, Flagging & CEI

$55,178.00 $ $14,414.00

Total amount of work previously authorized………………………………………………………… $55,178.00 Total amount of new work authorized by this change order…………………………………………………………………… $14,414.00 Total amount of work authorized under agreement for this Financial Project ID……………………………………… $69,592.00 PROJECT TOTAL AMOUNT OF WORK AUTHORIZED TO DATE……………………………………………………………………… $69,592.00

Examined as to provisions and participating items of cost:

Recommended: ____________________ Approved: ____________________ Date Date

Kenneth Madden District 7 Rail Administrator

Justin Hall Director of Transportation Development

Docusign Envelope ID: 62091035-70B9-441F-B5D8-3FB338F27A3B

08/06/2024 | 3:43 PM EDT 08/06/2024 | 3:44 PM EDT

725-090-04A

RAIL

OGC – 12/23

EXHIBIT A

The Company shall:

1. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Company during the term of the contract; and

2. include an express requirement in any subcontract that subcontractors performing work or providing services pursuant to the state contract utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

OGC – 12/23

EXHIBIT B

The Company shall:

1. adhere to all Buy America requirements (23 CFR 635.410) to ensure that all manufacturing processes of steel and iron occur in the United States; and

2. ensure that prefabricated items that contain steel must also comply with Buy America; and

3. provide Buy America certifications that include correct language, project information, and the material’s delivery date.

OGC – 12/23

EXHIBIT C

The Company understands:

1. that while FHWA1273 does not apply to force account work performed by rail companies, FHWA-assistance is subject to Title VI (42 U.S.C. § 2000d et seq); and

2. requires appropriate assurances by providing an executed Title VI / Nondiscrimination Assurance, including Appendices A and E.

ACCT. CODE : 709 - FL2907 Form Revision 12/22/21

BUY AMERICA

ESTIMATE SUBJECT TO REVISION AFTER: 7/10/2025 DOT NO.: 624773S/624780C

CITY: COUNTY: Hillsborough STATE: FL

ZONE: Florida SUB-DIV: Palmetto MILE POST: AZA 892.96

AGENCY PROJECT NUMBER: FDOT 441387-1-57-01 (ASG16) AZA 890.00

PRELIMINARY ENGINEERING:

212 Contracted & Administrative Engineering Services 16,000$

Subtotal 16,000$

CONSTRUCTION ENGINEERING/INSPECTION:

212 Contracted & Administrative Engineering Services 27,200$

Subtotal 27,200$

FLAGGING SERVICE: (Contract Labor) 70 Labor (Conductor-Flagman) 0 Days @ 350.00$ -$ 50 Labor (Foreman/Inspector) 50 Days @ 504.00$ 25,200$ 70 Additive 137.00% (Transportation Department) -$

50 Additive 160.00% (Engineering Department) 40,320$

Subtotal 65,520$

SIGNAL & COMMUNICATIONS WORK: -$

TRACK WORK: -$

PROJECT SUBTOTAL: 108,720$

900 CONTINGENCIES: 10.00% 10,872$

PROJECT TOTAL: ***************************************************** 119,592$

CURRENT AUTHORIZED BUDGET: ***************************************************** 105,178$

TOTAL SUPPLEMENT REQUESTED: ***************************************************** 14,414$

DIVISION OF COST:

Agency 100.00% 14,414$

Railroad 0.00% -$

NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces.

Office of Chief Engineer Public Projects--Jacksonville, Florida

Benesch - TPT Approved by: KSW CSXT Public Project Group

DATE: 04/22/22 REVISED: 07/10/24 DATE: 07/26/24

Tampa DESCRIPTION: Preliminary Engineering, Construction Engineering & Inspection, and Flagging Services for roadway miling, resurfacing, striping with dynamic envelope, pipe boring, and sidewalk construction at Apollo Beach Blvd (6243773S/AZA 892.96) and roadway milling, resurfacing, and striping with dynamic envelope at US 41/SR 45 (624780C/AZA 890.00) all within the CSXT right of way.

Estimated prepared by:

This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and other factors known as of the date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, and/or other conditions that become apparent once construction commences or during the progress of the work

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

ASS19

8/5/2024

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 8/5/2024

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55074010706

Expansion Option: A5

Object Code: 563000

Amount: $14,414.00

Financial Project: 44138715701

Work Activity (FCT): 127

CFDA:

Fiscal Year: 2025

Budget Entity: 55150200

Category/Category Year: 088716/25

Amendment ID: W002

Sequence: 00

User Assigned ID: CO#2

Enc Line (6s)/Status: 0002/04

Total Amount: $14,414.00

Contract: ASS19

Contract Type: AC - RR CROSSING-PE/INSTAL (RR-XING/PE)

Vendor Name: CSX TRANSPORTATION, INC.

Vendor ID: F546000720022

Beginning Date of This Agreement: 04/27/2022

Ending Date of This Agreement: 12/31/2050

Contract Total/Budgetary Ceiling:

Method of Procurement: R - RAILROAD/UTILITIES AGREEMENT

Description: PE, CEI & Flagging Services for Resurfacing Project Adjacentto CSX Rail

Page1 of 1

To: Michael.Pokers@dot.state.fl.us

FLORIDA RAILROAD

ll 1\ i A 1:1 I\', f

General

Railroad

Road

Signs

Signals

Gates

Vicinity

Data

Incident

Comments

Photos

Field Review

Logout I Contact Support

Rail Highway Crossing Inventory

Search Crossing Imports Reports Library Projects Reference

Crossing Number: 624773S -APOLLO BEACH BOULEVARD v Last Updated by Katie Langworthy on 7/28/2021 2:34:40 PM Safety Index Rank: 3090 Railroad Operating Company: CSX TRANSPORTATION, INC.

Local Street Name: APOLLO BEACH BOULEVARD Crossing Status: OPEN--TRACK ACTIVE

Crossing General

Roadway Location

District County (1.3) City (1.4)

7V Hillsborough v Apollo Beach

State Route Number (1.6) County Route Number (1.6) U.S. Route Number (1.6)

01N CITY

@NEAR CITY

Local Street Name APOLLO BEACH BOULEVARD (1.5) Railroad Local Street APOLLO BEACH BOULEVARD Name Block Number (1.5)

FDOT Bridge Number

Latitude (1.27) 27.768599

Longitude (1.28) -82.391678 View location in Google Maps r§J

Latitude/Longitude @ ACTUAL Q ESTIMATED Source (1.29)

Is Crossing ID Posted?

Q YES @ NO

Roadway ID Number 1 o / o

Linear Referencing System (LRS Route ID) (V.5)

Highway Milepoint 0

I o

LRS Milepost (V.6)

Railway ID Number 10 / 92901 / 4

FOOT GIS RR Milepoint 893.519

Parcel Number

Railroad Ownership

Railroad Operating Company

Parent Company

Crossing Owner Railroad Contact Phone Number Railroad Emergency Contact Number

CSX TRANSPORTATION,

INC.

CSX TRANSPORTATION,

INC.

CSX TRANSPORTATION

904-359-3100 800-232-0144

Railroad Responsible FRA Field

RR Milepost: Al.A I 892. 96 I

Roadway Ownership

Crossing Status

Crossing Type (1.17)

Public Access Allowed?

(1.20) Crossing Purpose (1.18)

Crossing Position vs.

Highway (1.19)

Maintenance Responsibility State Annual Maintenance Percentage Highway System (V. 1)

1 log entries available. View Log

@OPEN--TRACK ACTIVE

00PEN--TRACK INACTIVE

0 CLOSED--TRACK REMOVED

0 CLOSED--ROADWAY REMOVED

@ PUBLIC O PRIVATE

YES NO UNKNOWN

Highway Vehicle v

@ AT GRADE O RR UNDER ORR OVER

0 STATE @ COUNTY O CITY O PRIVATE

V

0 INTERSTATE NHS

0 NATIONAL HIGHWAY SYSTEM

0 FED AID HIGHWAY, NOT NHS

@ NON FEDERAL AID

Functional Classification of Road at Crossing (V.2)

Is the crossing on the State Highway System?

(V.3) Regularly used by Hazmat Vehicles?

Regular Emergency Services Route? (V. 10) Is the crossing on the Strategic lntermodal System (SIS)?

@ Rural O INTERSTATE

0 Urban O PA-OTHER FREEWAY /EXPRESSWAY

0 PRINCIPAL ARTERIAL - OTHER

0 MINOR ARTERIAL

0 MAJOR COLLECTOR

@ MINOR COLLECTOR

0 LOCAL ACCESS

0YES @NO

@NO 0YES

@NO 0YES

@NO 0YES

Roadway Agency Contact 850-414-4907 Phone Number (I. 35)

441387-1 - Project Location Map - Crossing# 624773SDocusign Envelope ID: 62091035-70B9-441F-B5D8-3FB338F27A3B

FLORIDA RAILROAD

ll 1\ i A 1:1 I\', f

General

Railroad

Road

Signs

Signals

Gates

Vicinity

Data

Incident

Comments

Photos

Field Review

Logout I Contact Support

Rail Highway Crossing Inventory

Search Crossing Imports

Crossing Number: 624780C - S TAMIAMI TR v

Railroad Operating Company: CSX TRANSPORTATION, INC.

Local Street Name: S TAMIAMI TR Crossing Status: OPEN--TRACK ACTIVE

Crossing General

Roadway Location

District County (1.3) City (1.4)

State Route Number (1.6)

7V Hillsborough v Gibsonton

@1N CITY

ONEAR CITY

SR-45

County Route Number (1.6) U.S. Route Number US-41 (1.6) Local Street Name STAMIAMITR (1.5) Railroad Local Street Name Block Number (1.5)

FDOT Bridge Number

Latitude (1.27) 27.8071242

Longitude (1.28) -82.384215 View location in Google Maps r§J

Latitude/Longitude @ ACTUAL O ESTIMATED Source (1.29)

Is Crossing ID Posted?

@YES ONO

Roadway ID Number 10 I 06000 I o

Linear Referencing System (LRS Route ID) (V.5)

Highway Milepoint 15.274

LRS Milepost (V.6)

Railway ID Number 10 92902 / 9

FOOT GIS RR Milepoint 0.421

Parcel Number

Railroad Ownership

Railroad Operating Company CSX TRANSPORTATION, INC.

Parent Company

Crossing Owner Railroad Contact Phone Number Railroad Emergency Contact Number

CSX TRANSPORTATION,

INC.

904-359-3100 800-232-0144

Reports Library Projects Reference

Last Updated by Maria Overton on 8/16/2021 6:08:06 PM Safety Index Rank: 606

Railroad Responsible FRA Field

RR Milepost: A2A I 890 I

2 log entries available. View Log

Roadway Ownership

Crossing Status

@ OPEN--TRACK ACTIVE

Crossing Type (1.17)

Public Access Allowed?

(1.20)

0 OPEN·· TRACK INACTIVE

0 CLOSED--TRACK REMOVED

0 CLOSED--ROADWAY REMOVED

@ PUBLIC O PRIVATE

YES NO UNKNOWN

Crossing Purpose (1.18) Highway Vehicle v

Crossing Position vs.

Highway (1.19)

Maintenance Responsibility State Annual Maintenance Percentage Highway System (V. 1)

@ AT GRADE O RR UNDER ORR OVER

@ STATE O COUNTY O CITY O PRIVATE

V

0 INTERSTATE NHS

@ NATIONAL HIGHWAY SYSTEM

0 FED AID HIGHWAY, NOT NHS

0 NON FEDERAL AID

Functional Classification of Road at Crossing (V.2)

Is the crossing on the State Highway System?

(V.3) Regularly used by Hazmat Vehicles?

Regular Emergency Services Route? (V. 10) Is the crossing on the Strategic lntermodal System (SIS)?

0 Rural O INTERSTATE

@ Urban O PA-OTHER FREEWAY /EXPRESSWAY

@PRINCIPAL ARTERIAL · OTHER

0 MINOR ARTERIAL

0 MAJOR COLLECTOR

0 MINOR COLLECTOR

0 LOCAL ACCESS

@YES ONO

@NO 0YES

@NO 0YES

ONO @YES

Roadway Agency Contact 850-414-4907 Phone Number (I. 35)

441387-1 - Project Location Map - Crossing# 624780CDocusign Envelope ID: 62091035-70B9-441F-B5D8-3FB338F27A3B

DocuSign Envelope ID: 7D300E40-5C79-43BB-A462-D44FDE3D59BB

CSX TRANSPORTATION GOVI:RNMENT BILLING DEPT

Nl:\V PROJI:CT fORM

To ensure compliance with Federal requirements, please provide the following information so that CSXT may accurately and a ro riately setu and handle the necessary accountin associated with the ro osed ro·ect.

*I) ls the project Federally Funded?

*2) Funding Source: If the project is funded by multiple sources please provide the approximate anticipated percentage of the total project cost to be paid by each source.

441387-1-57-01

*3) Project Requirements

Yes

If multiple or other please describe here:

ACNP - Advance Construction (NHPP} Federal Funds 90% DOR - District Dedicated Revenue State Funds 10%

[Z] Procurement Restrictions (e.g. Buy America(n), Buy State, US Steel) D Procurement Restrictions Waiver D Suspended / Debarred D Davis-Bacon Act DE-Verify D Other, please descibe here

*4) Single Audit Type: Please advise if the project is subject to single audit requirements by completing the appropriate box below (complete only one box).

Not Applicable I/' I CSX is not subject to the Single Audit.

Note: This nudit is not n.:lnt�-d to the project specific audit perfonncd by your ngency.

Federal Audit D Pl••�Sr«ify D 0MB Circular A-133

D Uniform Guidanc�

Single Audit Status 1 2 :

D Vendor (CFDA # Not Requin.:d)

D Recipient (CFDA #

D Sub-Recipient (CFDA #

Florida Single Audit D (Florida Slatutc: 215.97)

CSFA # 3

Recipient. The Federal Sub-Recipient and Vendor Determination Checklist is enclosed for reference.

2 CFDA Number: If CSX is subject to the Federal Single Audit, please provide the Catalog of Federal Domestic Assistance (CFDA) number.

1 CSFA Number: lfCSX is subject lo the Florida Single Audit, please provide the Catalog of State Financial Assistance (CSFA) number.

•Please Note: Per 2 CFR 200.425(n), CSXT can n:cover Federal Audit costs directly through this project.

For Audit relntc:d questions, contact GBComplinncc@csx.com.

5) A enc Bill To Information

•Name:

*Legal Address (I):

*Phone:

*Email

FederalFlorida Department of Transportation Award#:

11201 N McKinley Drive; MS 7-501, Tampa, Florida 33612 Date of Award:

813-975-6407 kenneth.madden@dot.state.fl.us

04/26/2022

DocuSign Envelope ID: 7D300E40-5C79-438B-A462-D44FDE3D59BB

FEDERAL SUR RECIPIENT AND VENDOR DGTERMINATION CHECKLIST

Reference 29CFR99.2IO and 0MB Circular A-133.210

Subn=cipicnl and Vendor Dctennjnntion-�

(a) Gcnc:rnl: An nuditce ITUl)' be a recipient, a subrecipient, and a vendor. federal n"urds expended as u n:cipient or n subrccipicnt would be subject to audit under this pan. The p11yments n.-ccivcd for goods or services provided as n vendor would not be con.�idcrcd Federal awards. The guidlUlcc in paragrnphs (b) and (c) of this section should be con.�iden:d in determining whether payments rendered to CSX constitute B Federal award or n payment for goods and ser.•ices.

I SUBRECIPIENT

(b) Federal A \\'llJ'd: Characteristic..,; indicative of n Federal iw,-:ard recched by a subrecipicnt arc wlk:n the organization.

I. Determines who is eligible to receive what Federal financial as.,;is1.1111cc

2. Hus its performance measured against whether the objectives of the Federal program nn: met

3. Has responsibility for programmatic decision-making

.i. Jim; responsibility for ndhcrencc to npplicublc Federal program comptinnce rL-quircmenL'i

.5. Uses the Federal funds to carry out a program of1hc orgnni7.ation as compared 10 pro\'iding goods or servic1.'S for a program of the pa55-1hrough entity

I VENDOR

(c) Pnymcnt for goods and services:

I. Provides 1he goods and �rvices within nonnal business operation

2. Provides similar goods or scn·1ces to man) different purchasers

3. Operates in a competilhe environment

4. Provides goods or scrvicL'S 1hat nrc nncillarJ to the opemtion of the l·cdcral program

5. Is not 5ubjcc110 complian,;c requirements of the Ft'dcral program

(d) Use or judgment m making determination: There may be unusual circumstnm.:cs or c,ccplions to the listed characteristics, In making lhe dctennination of whether a subrecipic:nt or ,·cndor rclatioMhip exists, the substance of the relationship is more important than lhe form of the ngn:emenL It is not expected that all of the characteristics \ltill be present and judgment should be u�ed in determining \\hcthcr an cnlit) is n suhrecipient or vendor.

i"I • ... . �' ..

FORM 722-88

12-71

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DIVISION OF ROAD OPERATIONS

PAGE 1 OF 5 RAILROAD REIMBURSEMENT MASTER AGREEl\t1ENT

GRADE CROSSING

THIS AGREEMENT, made and entered inlo Lhis 7-d. day of � 197 �, by and between the STATE OF FLORIDA DEPARTMENT OF TRA�ATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and

SEABOARD COAST LINE RAILROAD COMPANY

a corporation organized and existing under the laws of State of Vi rg in i a with its principal place of business in the City of __ J_a_c_k_s_o_n_v_i_l_l_e ____________ _ County of Duva 1 called the CO l\IP ANY.

, State of�F�J�o�c�·�, d�·a�-------, hereinafter

Util\t\es Pos1ing

WITNESSETH:

WHEREAS, the DEPARTMENT proposes to engage in certain projects for the construction, reconstruction or other change of portions of the State Highway System which will cross at grade the right of way and track(s) of the COMPANY;

AND WHEREAS, the plans for said construction, reconstruction or other change are to be re viewed by the DEPARTMENT and the COMPANY;

NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows:

1. The COMPANY hereby grants to the DEPARTMENT the right to construct and maintain the highways at grade on said projects, and necessary approaches thereto, across its right of way and .over it(s) tracks at points to be indicated in DEPARTl\IENT'S plans for said projects.

2. When the DEPARTMENT has served an order on the COMPANY regarding crossing of the COMPANY'S right of way and track(s) on said projects, the COMPANY will provide, furnish or have furnished, all necessary materials required for, and will construct at DEPARTMENT'S expense a Standard Railroad Crossing in accordance with Lhe DEPARTMENT'S Standard Index No. 1466 and any supplements thereto or revisions thereof as of the date of this agreement. The COl\IPANY agrees that it will clearly state the applicable Standard Railroad Crossing Type, along with the applicable sheet number of the DEPARTMENT'S Standard Index No. 1466, in its detailed plans and specifica tions.

3. Upon completion of any crossing conslructed under Lhe terms of this agreemenl, the CO�l- PAN Y shall be responsible for the maintenance cost of all trackbed and rail componen Ls plus l he highway roadbed for the width of Lhe rail Lies wiLhin Lhc crossing area. The DEPART1IENT shall be

FO�;., 722-88

PAGE. 2 (',F !:.

rcsvonsiblc for the mainlcnanc..:c c..:osl of the highway roadbed outside of the railway lies. IT BEING

EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option and upon notification lo the DEPARTMENT, perform suc.:h periodic maintenance work and Lill the DEPART

MENT directly for costs thus incurred that are the responsibility of the DEPARTMENT.

4. All work contemplated hereunder shall at all times be subject lo the approval of the COl\1-

PANY'S Chief Engineer or his authorized representative. The DEPARTMENT or DEPARTl\IENT'S

Contractor shall give COMPANY'S Division Engineer or Superintendent at least forty-eight ( 48) hours notice prior to the performance of any work within the limits of the COMPANY'S right of way.

5. The DEPARTMENT will require its contractor to reimburse the COMPANY for the cost of watchmen or flagging service when the contractor is carrying out work adjacent to the COMPANY'S tracks, and whenever the contractor is performing work requiring the movement of employees, trucks and other equipment across the tracks of the COMPANY, or when at other times the COMPANY and the DEPARTMENT shall agree that such service is necessary. Such costs shall be accrued as specified in Paragraph 8, and, within sixty (60) days following the completion of work on any project by the

DEPAR Tl\IENT'S contractor, shall be hilled directly to the DEPARTMENT for rebilling and collection from the highway contractor prior to the payment thereof.

6. The DEPARTMENT will require its contractor to furnish Railroad Protective Public

Liability Insurance providing for standards and coverage limits as specified in U.S. Department of

Transportation Federal Highway Administration Policy and Procedure Memorandum 20-12, dated

June 30, 1967, and any supplements thereto or revisions thereof. The limits therein specified shall be applicable on each project unless an individual project involves real and demonstrable danger of appreciably higher risk in which case the coverage limits shall be determined as provided in said Policy and Procedure Memorandum 20-12. If an individual project is non-federal aid participating, such higher coverage limits shall be determined as provided in said Policy and Procedure Memorandum 20-12 except that the DEPARTMENT'S State Highway Engineer shall act in the capacity provided for the

Division Engineer of the Federal Highway Administration. The form of said Railroad Protective

Public Liability Insurance shall be as set out in the "Standard Provision for General Liability Policies;

Railroad Protective Liability Form," draft of which was dated February 3, 1958, and issued by the

American Association of Stale Highway Officials.

7. The DEPARTl\lENT will bear the cost of all temporary and permanent changes made necessary in the COl\lPANY'S signal wire line or other facilities and in the wire line facilities of the

Wf�stern Union Telegraph Company on COl\lPANY'S right of way occasioned by the construction of any crossings and the occupancy of Lhe COl\lPANY'S properly 011 any proje<..:t, provided such eosts arc accrued as specified in Paragraph 8.

8. The COMPANY hcrcLy agrees to install and adjust Lhc necessary parts of its faeilitics in ac..:corda11cc with the applil'able method described hcrcafler:

FOR-4 722-118

PAGr_: 3 OF 5

__ (a) DEPARTl\lENT Proeedurc No. 132-01,6 "ReirnLurscmcnl for Utility and Rail road Relocation," dated October l, 1970, and Rule 014-46.02 "ResponsiLility for the Cost of Railroad/Highway Crossings," Florida Administrative Code, dated

February 3, 1971, __ (b) Federal Highway Administration "Policy and Procedure Memorandum 30-3,"

Transmittal 218, dated Oetober 26, 1971, and Federal Highway Administration

"Policy and Procedure Memorandum 21-10(5)," dated January 16, 1961, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof.

The COMPANY agrees to clearly state the applicable method in its plans and specifications of the work to be performed on individual projects and to do all of such work with its own forces or by a contractor paid under a contract let by the COl\lPANY, all under the supervision and approval of the DEPARTl\IENT and, when applicable, the Federal Highway Administration.

9� The DEPARTl\lENT hereby agrees to reimb_urse the COl\IPANY for all costs incurred by it in the installation and adjustment of said facilities, in accordance with the applicable Reimburse ment Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated in the C01\1PANY'S plans and estimates, as approved by the DEPARTMENT, shall not be subject to payment by the

DEPARTl\lENT.

10. Plans and specifications of the work to be performed by the COMPANY on each project contemplated under the terms of this agreement are made a part hereof by reference, upon approval by the DEPARTMENT. All work performed by the COl\IPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT; the Federal Highway

Administration, if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPAR Tl\IENT and, when applicable, the Federal Highway Administration_

11. The installation and adjustment of the COMPANY'S facility as planned may involve addi tional work over and above the minimum reimbursable requirements of the DEPARTMENT. If upgrading or nonreimbursaLle work is involved at the option of the COl\lPANY, then credit against the cost of the project is required. Determination of COl\lPANY'S liaLility, if any, due to the elim ination of existing hazards al the subject grade crossings will Le in accord with the above mentioned applicable reimbursement policy.

12. All laLor, services, materials and equipment furnished Ly the COl\lPANY in carr) ing; out the work to Le performed on each project hereunder shall Le Lilied Ly the CO.l\IPANY dir<'dly to the DEPARTl\lENT. Separate records as to the costs of conlracl Lid items and force account items performed for the COl\lPANY shall also he furnished Ly Lhe COl\lPANY Lo the DEPARTl\IENT.

FORM 722-88

PAG•. Z. C\f" ·�

13. It is specifically agreed by and between the DEPARTMENT and the COl\lPANY that tll<'

DEPARTl\lENT shall receive fair an<l a<lequale ere<lit for any salvage which shall a(·cruc Lo the CO�l

PANY as a rcsu]t of the above a<ljuslmClll work.

14. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the COl\lPANY, subjed only to the DEPARTl\lENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage cre<lil as set forth in the immediately preceding paragraph.

15. Upon completion of the adjustment work involved in individual projects under this agree ment, the COl\IPANY shall, within one hundred and twenty (120) days, furnish the DEPART:l\IENT with two (2) copies of its final and complete billing of all costs incurred in connection.with the work performed on such individual projects, such statement to follow as closely as possible the order of the items contained in each project estimate. The totals for labor, overhead, travel expense, trans portation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the adjustment following the pallern set out in the approved estimates as closely as is possible. Salvage credit from recovered and replaced permanent and temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use.

The final billing shall show the description and site of each Project, the dale on which the first work was performed, or, if preliminary engineering or right of way items are involved, the date on which the earliest item of billed expense was incurred and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COl\IPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to

�udit by a representative of the DEPARTMENT. Upon receipt of invoices,prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reim burse the COl\lPANY in the amount of such actual costs as approved by the DEPAR Tl\IENT'S auditor. The DEPARTl\lENT shall retain Len per cent from any progress payment.

16. Should the use of any crossing covered by this agTecmenl be abandoned, then all rights hereby granted to DEPARTl\IENT shall thereupon cease and terminate and DEPARTMENT will, at its sole cost and in a manner satisfactory to the COMPANY, remove said crossing and restore COl\l

PANY'S properly Lo the condition previously foun<l, provided the COl\IPANY may, at its option, remove the sai<l crossing and reslore its properly, and DEPARTl\IENT will, in such event, upon bill rendered, pay to COl\lPANY the entire cost incurred by it in such removal and restoration, provid<·d such costs are accrued as specified in Paragraph B.

17. The COl\lPANY covenants Lo indemnify, defend, save harmless and cxo11cralc the DEPART

MENT of and from all liability, claims and demands arising oul of the work un<lcrlakcn by the CO�l-

FOR«'-

,22-88

.�."�.'.if" 5 qF '3

PANY pursuant Lo this agreement, due Lo the negligent actions, delays or omissions done or commit ted by the COMPANY, its subcontractors, empfoyces, agents or representatives; excepting, however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions done or committed by the DEPARTMENT, its subcontractors, employees, agents or representatives, which loss, damage or injury shall be borne by the DEPARTMENT except as otherwise covered by bonds or msurance.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals, hereto affixed, the day and year first above written.

WITNESSES:

.��,{_ � �-L�As to the DEPARTMENT I

�-3.0G.n�� As to the COMPANY

Approved as to Form, Legality, and Execution STATE OF FLOlUDA DEPARTMENT OF TRANSPORTATION BY:()�� A s sistan t At t orne y

Approved as to Form

�L�� Attorney

'Seaboard Coast Line Rail:ro�n r!nmnoY"l'fP

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

ATTEST:

Examined and Approved:

COAST LINE RAILROAD COMPANY

s/z/zv

Oivisli,.f. £�� Federal Highway Administration