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HomeMy WebLinkAbout2008-266M)= Jill ilillillillillillill 1111111111111111,11 111111l, '111 1!! 111 JIJ;1I 11111111,11 a "I r' Y Rr )RM 7254)90JI Rail 000 03/03 oda a�U � a,00 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC DEVICE - COUNTY FINANCIAL. PROJECT ill ROAD NAME OR NUMB MI C<)UNTY NAME PARCEL AND R/W NUMBER FAP NUMBER 2348724-57-01 1e St. / 17i1' St. INDIAN RIVER 71 (2150) THIS AGREEMENT, made and entered this z daY uby and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called tkie 'DEPARTMENT, T, and FL Rt �A EA5T COAST RAILWAY L.L.0 , a corporation organized and existing under the laws of F ORID�A, , With its place of business in the City of 5"L AU STINE , County ofSTO JOHNSState of FLORIDA , hereinafter called the COMPANY; and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, acting by and through its :Board of County Commissioners, hereinafter called. COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing arortion of the Public Road System, designated by the Financial Project ID V „872-1-57-{)1 , on 16" Sit 117 St. , which crosses at grade the right of way and track(s) of the COMPANY'S Mile Post.,,,228 1118' , FDOT J AAR crossing Number 2721951' _ at or near)Ll 411 B , Florida, hereinafter called the Grade Crossing, as shown on DEPARTMENTS Plan Sheet No.1, , attached hereto as a part hereof; and 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 road at grade, and necessary approaches thereto, across its right of Way and over its track(s) at the hereinabove referred to location. 2. 'Che COMPANY Will provide, furnish or have furnished, all necessary materials required for, and will construct or have constructed at the DEPARTMENTS expense a Standard Railroad Crossing Type "T" CDNC M DIFIED in accordance With the DEPARTMENTS Standard index No, 564 attached hereto and by this reference made a part hereof 3. It is further agreed mutually between the parties hereto that the grade crossing be recognized by this Agreement: (a) is adequately signalized for the safe operation of the general public. However, should future highway traffic conditions warrant additional crossing traffic control devices through use of automatic grade crossing traffic control devices, including signals With and without gates, or grade separation structure(s); then, such additional traffic control devices and/or structure(s) will be installed as necessary at the complete cost and expense of the COUNTY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that once a determination has been made as to the type of facility to be installed, whether signals or structure, such 'installation will be the subject of a supplemental agreement Which will set forth the maintenance responsibility as governed by the applicable State and/or Federal law at the time of such installation. XXX , (b) Presently requires the installation of grade crossing traffic control devices and the DEPARTMENT agrees to pay such cost subject to the COMPANY'S participation as specified in Paragraph 13% such Installation to be in accordance with plans and specifications as approved + f>{: RM 7254 Mi43a Rail OGC 03/03 Pale 2 of 6 by the DEPARTMENT. The COMPANY shall furnish the necessary materials and install. automatic grade crossing signals and/or traffic conA devices at said location on an actual cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference made a part hereof. 4. All work contemplated hereabove shall at all times be subject to the approval of the COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT or the DEPARTMENT'S contractor shall give the COMPANY'S Division 'Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of any work within the limits of the COMPANY'S right of way. 5. Unless otherwise agreed upon herein, the COUNTY agrees to insure that the advance warning signs and railroad crossing pavement marking will conform to the Department of Transportation Manual on Uniform Traffic Control Devices within 30 clays of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 6. The DEPARTMENT will reimburse the COMPANY for the cost of watchmen or Flagging service when the DEPARTMENT'S contractor is carrying out work adjacent to the COMPANY'S tracks and whenever the contractor is performing work requiring movement of employees, trucks, or other equipment across the tracks of the COMPANY, or when at other times the COMPANY and DEPARTMENT shall agree that such a service is necessary. Such costs shall be accrued and billed directly to the DEPARTMENT as specified in Paragraph 9. 7. no DEPARTMENT will require its contractor to furnish Railroad Protective Public Liability and Railroad Protective Property Damage Liability Insurance in a combined amount of $ 2,000,000.00, for all personal injuries, death or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed by Federal funds, with aspect to bodily injury, death or property damage, is limited to a combined amount of S6 0000.M.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. The DEPARTMENT will also require its contractor to furnish the COMPANY a Certificate of Insurance showing that the contractor carries liability insurance (applicable to thejob in question) in the amount of $ 2 (0 Q0Q Q-0 for all personal injuries, death or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of 23 C.P.R., Subchapter G, Part 646, Subpart A, and any supplements thereto or revisions thereof. 8. 'Ile DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the COMPANY'S signal wire line or other facilities and in the wire line facilities of any utility that has compensable interest on the COMPANY'S right of way occasioned by the construction of said crossing and the occupancy of the COMPANY'S property, provided such costs are accrued as specified in Paragraph 9. 9. The COMPANY hereby agrees to install and /or adjust any necessary parts of its facilities in accordance with the provisions set forth in the; XX (a) DEPARTMENT procedure No. 72"W002 Appendix and Rule 14-57.011 "Public and Railway -Highway Grade Crossings Costs', Florida Administrative Code; (b) Federal Highway Administration Federal Aid Policy Guide 23 C.F.R., Subchapter .B, Part 140, Subpart 1; and Subchapter G, Part 646, Subpart A; and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof The COMPANY further agrees to do all of such work with its own forces or by a contractor paid under a contract held by the company, all under the supervision and approval of the DEPARTMENT and the Federal .Highway Administration, when applicable. 1 1 tFORM 7254M? 23a Rail OX 03/03 page 3 of 6 10, The DEPARTMENT hereby agrees to reimburse the COMPANY as detailed in this Agreement, for all costs incurred by it in the adjustment of said facilities, in accordance with the provisions of the above indicated Reimbursement Policy, and any supplements thereto or revisions thereof. Itis understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this Agreement shall not be subject to payment by the DEPARTMENT* U. . Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the costs thereof in the amount of X490176 00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT, and the Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the federal Highway Administration, when applicable. 12. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY directly to the DEPARTMENT. Separate records as to costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 13. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereinafter: (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. XX (b) Actual and related indirect casts accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the .DEPARTMENT. (c) An agreed lump sum S.Q..00 _ ,_,, as supported by a detail analysis of estimated cost atlached hereto, (Note: This method is not applicable where the estimated cast of the proposed adjustment exceeds $100,000.) 1.4. The installation and/or adjustment of the COMPANY'S facility as planned will/ XX yell not involve additional work over and above reimbursable requirements of the DEPARTMENT. (If upgrading and/or non reimbursable work is involved at the option of the COMPANY, there credit against the cast of the protect is required and will be governed by the method checked and described hereafter): (a) 0.00 ° will be applied to the final billing of work actually accomplished to determine required credit for _ (betterment) and/or . (expired service life) and /or . (non reimbursable segments). (b) All work involving non reimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this agreement. (c) $ 0.00 credited for . (betterment) and/or _.. (expired service life) and /or.... (non reimbursable segments) in accord with Article 11(c) hereinabove. 15. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage whitish shall accrue to the COMPANY as a result of the above adjustment work. 16* It is further agreed that tete east of all improvements made during this adjustment work: shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. PFC3RM 725-0"w23a Rail CXx+C 03103 Pap 4 of 6 17. 'Upon completion of the work, the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the worts performed hereunder, such statement to follow as closely as possible the order of items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, 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 relocation following the pattern set out in the approved estimate as closely as possible. Salvage credits from recovered and replaced permanent and recovered 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 the Project; the date on which the first work was performed, or, if preliminary engineering or right�*f-way items are involved, the date on which the earliest item of billed expense was incurned; the date on which the last work was performed or the last 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 COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit 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 reimburse the COMPANY in the amount of such actual costs approved by the DEPARTMENT'S auditor. 18. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Chief Financial Officer under Section 215.422(14), Florida Statutes. 19. In accordance with Section 287.058, :Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables, then such units must be receival and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit there of 20. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 1.4-5'7.011 "Public Railroad Highway Grade Crossing Costs" and the Federal Highway Administration Federal•Ad Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Werk." 21. In accordance with Section 21.5.422, Florida Statutes, the followings provisions are in this Agreement: Contractors providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the gods and services, unless the Agreement specifies otherwise. 'Ile DEPARTMENT has 20 working days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3) ft Florida Statutes, will be due and payable in addition to the invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410- 9724, or by calling, the State Chief Financial Officer's hotline, 144848-3792. FORM j 725rye23 Rail OOC 03103 Page 3 of 6 22. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request! Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contactor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 23. in the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or eater into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering in any such contract or other binding, commitment of funds. Nothing herein contained shall prevent the making of contacts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY :FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 24. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cringe may not submit a bid on a contract to provide any goods or services to a pubtic entity, may not submit a bid on a contract with a public entity for the construction or repair of a publ_icy building or public work, may not submit bids on leases for real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 25. In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The DEP'ARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 26. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 11.9, Florida Statutes, and .trade or received in conjunction with this Agreement. 27. The parties acknowledge that there is a License Agreement in effect between the COMPANY" and the COUNTY dated February 22, 2006, which governs the COMPANY'S and COUNTY'S obligations at the Grade Crossing (the "FEC/COUNTY Agreement"). Pursuant to paragraphs 7 and 8 of the FEC/COUNTY Agreement, the parties are entering into this Railroad :Reimbursement Agreement for the Department to pay for specific installations at the Grade Crossing, including but not limited to a concrete grade crossing surface, grade crossing warning devices and related materials (the "Installations"). It is understood and agreed that upon completion of the Installations and payment therefore, the Department's obligations will terminate. It is further understood and agreed that upon completion the installations and. the Grade Crossing shall be considered as part of the "Crossing Site", "Surface" and "Warning: Devices," as the case may be, for all purposes under the FEC/COUNTY Agreement, including but not limited to maintenance, use and removal purposes. .{'ORM 7254WJ�23a Rail 0GC 03103 rage 6 of 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by heir duly authorised officers, and their official seals hereto Fixed the day and year first above written. FLORIDASTATE OF TITLE: Director of Transportation Development COMPANY: FEC RAILWAY LLC. TITLE: A tiAi4 e-'2 COUNTY: INDIAN MA its: 361Y4,11, 2006 TITLE: Chairman Date: to Form, 3 9 APPROVED AS TO AND LEGAL SUFFK J V/Clea' COUNTY, FLORIDA. ASSISTANT COUNTY ATTORNEY Approved as to funds Available Approved as to FHP Requirements By: By: A Fiscal, FDOT FI-IWA Daae: Date: 1 1 II 1 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WORK DESCRIPTION 725.ON-07 GRADE CROSSING RAIL NEW OR RECONSTRUCTION 'ow A. B. C. D. E. F RAILROAD COMPANY Florida Esat Coast Railway L.L.C. JOB DESCRIPTION & LOCATION: Widen the existing grade crossing - Vero Beach TYPE OF ROADWAY FACILITY: Four -lane divided - Urban FDOT/AAR XING NO.: 272195=P RR MILE POST TIE: 228 + 118' TYPE CROSSING PROPOSED: "T" Concrete Modified DOT INDEX: 560 STATUS AND PROPOSAL: 1. EXISTING CROSSING (See Agreement dated 7/21/1982 _ ) a. X To be improved as permanent public road crossing. b. To be (used4mproved) for temporary (haul -detour) operation, Pit. No. c. To be relocated (See above for new location) Existing crossing will: (1) remain in place for local use. (2) be abandoned and removed by (State -Railroad) forces. d. To be eliminated - Remarks 2. NEW CROSSING a. b. C. d. To be constructed as permanent public road crossing. To be constructed for temporary (hauWetour) operation, Pit No. Relocated from elsewhere (See 1.c. above, Re: Existing Crossing). Requires Public Hearing (State Statute 335.141 & 120.57) VERTICAL ALIGNMENT: 1. X Meeting elevation of existing rails. 2. Track adjustments necessary. Rails to be (raised -lowered) feet. G. CROSSING PROTECTION: (Signal Sheet attached: O Yes OO No.) H. DRAINAGE ITEMS: (Drainage Sheet attached: O Yes No.) I. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. X By Others (FDOT or Contractor Company.) 2. By Railroad Company. J. AUTHORITY REQUESTED: (Draft attached: O Yes O No.) 1. X Agreement (Third Party Participating Indian River County ) 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Osier No. 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). K. OTHER REMARKS: Negotiations to be completed by A. B. C. D. y � r r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER 23087215701 16th St./17th St. INDIAN RIVER 71 (2150) JOB DESCRIPTION & LOCATION: TYPE OF ROADWAY FACILITY: FDOT/AAR XING NO.: 272195-P TYPE CROSSING PROPOSED: IV RAILROAD COMPANY Florida East Coast Railway L.L.C. Widen the existing rail crossing - Vero Beach, FL Four -lane divided - Urban RR MILE POST TIE: 228 + 118' CLASS: III DOT INDEX NO.: 17882 E. STATUS AND PROPOSAL: 1. EXISTING DEVICES: (See Agreement dated a. None -New Crossing. b. Crossbuck and Disk. C. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. X Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES: (Safety Index Rating 7/21/1982 ) a. No revision required. b. Crossbuck and Disk. C. Flashing Signals and Disk. d. Flashing Signals with Cantilever. e. Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. g. X Relocate existing signal devices: (1) (With -Without) addition of Gates. (2) (With -Without) synchronization with highway traffic signals. (3) (With -Without) constant warning time. F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. X By Others (FDOT or Contractor Company.) 2. By Railroad Company. G. AUTHORITY REQUESTED: (Draft attached: Yes 0 No.) 1. 2. 3. 4. 5. 6. X Agreement (Third Party Participating Supplemental Agreement No. — Crossing Permit. Estimate for Change Order No. _ Letter of Authority. Indian River County ) Letter of Confirmation (No Cost to Department). H. OTHER REMARKS: Signal installation target date to be discussed Negotiations to be completed by: Signal installation target date: Synchronization: (Draft attached 0 Yes No.) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 745.090-4, RAIL OCC-04ros FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER 23087215701 16th St./17th St. INDIAN RIVER 71 (2150) COMPANY NAME: A. FDOT/AAR XING NO. Florida East Coast Railway L.L.C. 272195-P RR MILE POST TIE 228 + 118' B. TYPE SIGNALS PROPOSED IV CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES CLASS DESCRIPTION Flashing Signals - One Track II Flashing Signals - Multiple Tracks III Flashing Signals and Gates - One Track IV Flashing Signals and Gates - Multiple Tracks AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011 Public Railroad -Highway Grade Crossing Costs EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. COST* $2,086.00 $2,760.00 $3,146.00 $3,950.00 *This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. 0 n t i ( O Doy Fo +o.�' so.o0 a U, + 31.50' 3/.50' y L ! m MATCH LINE cq Ln n N Oe °,TA. 25t0®t ops °<°. �x liOee . .`ted a— °° ry -- °- - - -- , FEC RAILROAD T x .27.2 — — — - x _----__--_— N--_ a34.5 –_-----_----- —_ I_ m _--__—I------._{. —I--- .1---1--_�--J------- � FEC R/W LINE \ I POT Doft ft ' O v a y ( I I ( O U ft OO II H ~ lal o+' 't 2 ❑ © '� ao III �H �?' (n ZZ F rnro rnn 3 ti G 0 rn +x y l 1 , rn 11 o vi #oN c= i "m� I (30 m yt ( g rn Zt v 1 0 ( y � / I LS I .2j6 ,LZ -.Bl N coy60t4 COMVERCE AVENbE ZtL— t CoLA I N T O i �",.. I/ ,, •m Nv I N r l 1 _ of rn Un Y 'S N I yo o STA. 129+80 3150' 3/.51 Arn m rCj�^ 7.50' 40.W_'_ 40. OA � 2 2 O G 2 y c.7 � I o i O I i o a m zt Rlrri m? 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LOCATION: FINANCIAL PROJECT NO.: CROSSING NO.: RAILROAD MILEPOST: 16th/17t` Street, Vero Bch., Indian River Cty. 2308724-57-01 272195-P 228+118' r z N z c, z�o- ti p O m D m D z T o➢x➢� ��- nTmr- r Zui f c �­irnnVlzZ D �, A oo m z pOm ^1 ZOm D 0n0OOO m� TZ mop{ >>>>>>>z ➢ m r A Im :5_: O O y Z m G D m- mmrnmmtim.r m 1mv�� IG <mv n� mF_m m T m I O ><> EC ak>Gaaa'`�A� _ W z00 I i1 mD=lp D <<r O�(PNNNW NA II mmm=pimx� rG Z- nm nz f I r O OZm� m N vTKKTTTo c -Ac ''" �t��a� D mmmmGOOD I � "7 -a^ - D Z0— �0 0000DDDo \ ID, 1a0 - rnN mm➢D000� ��� ��O Nm =_ o m z _ CN- ��n t _., d O- s nn����,. 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T i 1 cn ; u_ z x m I `_- FLORIDA EAST COAST RAILWAY COMPANY _cl ;e, .wR,l 01/09/06 SAINT AUGUSTINE, FLORIDA 15:36 VERO BEACH: WIDEN THE EXIST. 74' WIDE TYPE "T" CONC. GRADE CROSSING WITH A 98' WIDE OMNI CROSSING. 16TH STREET, MILEPOST 228+118' AAR/DOT NO. 272195P FILE: 228/39/118 CROSSING DESCRIPTION New Length of Crossing Surface: Number of Tracks: Length of Track Panel: AGREEMENT DESCRIPTION Responsible Party: Agreement Date: Division of Responsibility Encase Fiber Optic Cable Maintenance of Traffic Crossing Surface Track Materials Track Construction Paving COST RECAPITULATION Track & Civil Work Item Encase Fiber Optic Cable Mobilization/Material Consolidation Construct Track Panel Maintenance of Traffic/Police Protection Remove Crossing Surface Remove/Replace Track/Crossing Structure Line & Surface Track Replace Crossing Surface Place Asphalt Demobilization/Site Cleanup Totals: PAVING DESCRIPTION 98 Tf Width (Across Road) I Ea Length (Along Road) 138 Tf Projected Lift Indian River County Pending County County County County County County Labor Equipment n/a 7,500.00 n/a 1,786.68 1,607.20 n/a 1,413.50 12336.68 n/a n/a n/a n/a 463.12 579.33 8,352.00 23648.23 3,237.39 n/a 851.82 651.83 n/a 613.32 767.22 County 168.50 28.45 469.00 67.48 ---------- .......... 8t414.16 83275.57 TOTAL TRACK PROJECT COST: ENGINEERING & SUPERVISION: TOTAL TRACK & CIVIL PROJECT COST: TOTAL SIGNAL IMPROVEMENT PROJECT COST: GANG DESCRIPTION 3 Fort Pierce Section 14 Fort Pierce Smoothing 2 Crane 2 Loader Material Contract n/a 7,500.00 n/a n/a 119646.17 n/a n/a 16,700.00 n/a 1,503.66 n/a n/a n/a n/a 8,352.00 n/a 31,731.80 n/a n/a 22,785.00 n/a n/a ---------- ...... 5ls729.97 462985.00 $1275400.00 5,096.00 $1325496.00 357,680.00 TOTAL COST TO BE BORNE BY COUNTY: $490,176.00 NOTE: THIS IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST. 98 Ft 80 Ft 3 In Salvage 10.00% Credit Contingency n/a 800.00 n/a 406.12 n/a 1,503.66 n/a 1,700.00 Responsible Total Party 83300.00 County 39800.00 County 15,900.00 County 18,400.00 County 0.00 157.55 11200.00 County 0.00 614.38 61500.00 County n/a 19044.36 10,900.00 County n/a 3,387.66 363500.00 County n/a 29318.06 25,300.00 County n/a 63.52 600.00 County 0.00 11,995.30 1279400.00 11300.00 $/Ft Model Lott Revised 7117/97 #REF! DATE: 12/08/05 c[/� FILE: 10.2 I L4 TYPE: IV CLASS: III FLORIDA EAST COAST RAILWAY NO. OF DAYS: 20 OFFICE OF THE GENERAL MANAGER AAR / DOT #: 272195P OF SIGNALS AND COMMUNICATIONS MILE POST: 228+118' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT 16th STREET VERO BEACH. This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS TOTAL COST GATE ASSEMBLIES , 6 EA. $44,874.00 GATES $500.00 6 EA. $3,000.00 GATE FOUNDATIONS $575.00 6. EA. $3,450.00 CANTILEVERS 34' $19,183.00 2 EA. $38,366.00 CANTILEVER FOUNDATIONS $3,20.0.00 2 EA. $6,400.00 WIRED CASE, 4AB WITH HXP-3R2 BATTERY BOX $78,479.00 $675.00 1 2 EA. EA. $78,479.00 $1,350.00 BATTERIES, SAFT SPL250 MISC. GROUND MATERIAL $2,712.52 $212.00 50 1 EA. PKG. $10,600.00 $2,712.52 CONDUIT & DIRECTIONAL BORE $45.00 DATE: 12/08/05 c[/� FILE: 10.2 I L4 TYPE: IV CLASS: III FLORIDA EAST COAST RAILWAY NO. OF DAYS: 20 OFFICE OF THE GENERAL MANAGER AAR / DOT #: 272195P OF SIGNALS AND COMMUNICATIONS MILE POST: 228+118' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT 16th STREET VERO BEACH. This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS TOTAL COST GATE ASSEMBLIES $7,479.00 6 EA. $44,874.00 GATES $500.00 6 EA. $3,000.00 GATE FOUNDATIONS $575.00 6. EA. $3,450.00 CANTILEVERS 34' $19,183.00 2 EA. $38,366.00 CANTILEVER FOUNDATIONS $3,20.0.00 2 EA. $6,400.00 WIRED CASE, 4AB WITH HXP-3R2 BATTERY BOX $78,479.00 $675.00 1 2 EA. EA. $78,479.00 $1,350.00 BATTERIES, SAFT SPL250 MISC. GROUND MATERIAL $2,712.52 $212.00 50 1 EA. PKG. $10,600.00 $2,712.52 CONDUIT & DIRECTIONAL BORE $45.00 220 FT. $9,900.00 CABLE $7,500.00 1 PKG. $7,500.00 MISCELLANEOUS RELAY EQUIPMENT $1,120.00 1 PKG. $1,120.00 POWER SERVICE $1,800.00 1 EA. $1,800.00 MONITORING EQUIPMENT $9,821.00 1 PKG. $9,821.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $32,906.00 TAX @ 6.5W $14.259.00 TOTAL MATERIALS $268,037.52 EXCAVATING EQUIPMENT PER DAY $181.00 20 DAYS $3,620.00 EQUIPMENT RENTAL PER DAY $125.00 20 DAYS $2,500.00 FOREMAN'S TRUCK PER DAY $35.00 20 DAYS $700.00 GANG TRUCK PER DAY $63.00 20 DAYS $1,260.00 SUPERVISORS TRUCK PER DAY $35.00 20 DAYS $700.00 EQUIPMENT TOTAL $8,780.00 ENGINEERING $6,500.00 1 S6,500.00 ENGINEERING TOTAL $6,500.00 CONSTRUCTION SUPERVISION $312.00 20 DAYS $6,240.00 LABOR ADDITIVE $3.476.00 SUPERVISION TOTAL $9,716.00 LABOR PER DAY $1,154.10 $23,082.00 NUMBER OF DAYS 20 LABOR ADDITIVE 513,471.00 TOTAL LABOR $36,553.00 GANG EXPENSES PER DAY $553.00 NUMBER OF DAYS 20 TOTAL GANG EXPENSES $11,060.00 SUB -TOTAL $340,646.52 CONTINGENCIES 5% $17,032.00 TOTAL $357,680.00 LICENSE AGREEMENT nJ0 THIS LICENSE AGREEMENT, effective as of the day of vigR , 20067 is between the FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAILWAY" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "COUNTY" WITNESSETH: That the RAILWAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the COUNTY, hereby permits the COUNTY to construct, use, maintain, repair, renew and ultimately remove an at -grade public road crossing across and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S ]Milepost 228 + 11.8', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE": The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAILWAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform all work required on RAILWAY'S property including construction, drainage, lighting and vegetation management, in which event COUNTY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. XFrm0499 Page 1 A LICENSE AGREEMENT nJ0 THIS LICENSE AGREEMENT, effective as of the day of vigR , 20067 is between the FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAILWAY" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "COUNTY" WITNESSETH: That the RAILWAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the COUNTY, hereby permits the COUNTY to construct, use, maintain, repair, renew and ultimately remove an at -grade public road crossing across and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S ]Milepost 228 + 11.8', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE": The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAILWAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform all work required on RAILWAY'S property including construction, drainage, lighting and vegetation management, in which event COUNTY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. XFrm0499 Page 1 The status of the COUNTY is that of a licensee and not lessee, granting the COUNTY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the COUNTY covenants and agrees with the RAILWAY as follows: 1. The CROSSING SITE shall be used for public at -grade road crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILWAY. COUNTY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the COUNTY and without cost to RAILWAY or lien upon RAILWAY'S property. 2. This Agreement is for an initial term of one (1) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty (60) days prior written notice. 3. COUNTY shall pay an annual license fee in advance to RAILWAY of $6,000.00 (Six Thousand Dollars), for use of the Crossing. The license fee shall be increased each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of this Agreement, by the product of the annual license fee in effect for the preceding year multiplied by one hundred percent (100%) of the percentage increase, if any, in the Consumer Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("CPP'), or 3%, whichever is greater. The base CPI will be the CPI for the month of the XFrm0499 Page 2 year preceding the applicable anniversary date of this Agreement by ninety (90) days. No adjustment will be made for decreases in the CPI. 4. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 5. The COUNTY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or maintained facilities described in this Agreement. If the COUNTY fails to promptly grant the RAILWAY necessary permits, COUNTY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains. COUNTY shall promptly pay such amounts upon billing by the RAILWAY. 6. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the CROSSING SITE, including but not limited to the crossing structure and railroad and highway devices, whether performed by the COUNTY or RAILWAY, shall be the sole responsibility of the COUNTY. 7. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES'), at the CROSSING SITE at the sole cost of the COUNTY; provided., however, that should the parties enter into a Railroad Reimbursement Agreement, Grade Crossing And Traffic Control Devices, or like agreement with the Florida Department of Transportation for the installation of the WARNING DEVICES at the CROSSING SITE, then. such. agreement shall control for all purposes of the installation. XFrm0499 Page 3 and responsibility for the cost of such installation The WARNING DEVICES are a Type IV Class III installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $357,680.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, COUNTY shall pay unto RAILWAY annually the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations. 8. The RAILWAY shall replace the existing 74' wide Type T -modified grade crossing structure with a 98' wide Concrete grade crossing surface (the "SURFACE) along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of COUNTY; provided, however, that should the parties enter into a Railroad Reimbursement Agreement, Grade Crossing And Traffic Control Devices, or like agreement with the Florida Department of Transportation for the installation. of. the SURFACE at the CROSSING SITE, then such agreement shall control for all purposes of the installation and responsibility for the cost of such installation. Installation costs are estimated to XFrm0499 Page 4 be $ 132,496.00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the COUNTY. The COUNTY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be located between the ends of the ties. The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the COUNTY under the provisions of this Agreement, at the sole expense of the COUNTY. 9. The COUNTY agrees, acknowledges and understands that the RAILWAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The COUNTY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the COUNTY. 10. The COUNTY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon XFrm0499 Page 5 the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 11. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or near this CROSSING SITE by and at the sole cost of COUNTY. 12. The COUNTY further covenants to pay the RAILWAY, within thirty (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 7 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 13. At the termination of this Agreement for any cause, or upon termination of the COUNTY'S use of the CROSSING SITE as herein described, all rights of the COUNTY shall terminate and the COUNTY shall remove, under the RAILWAY'S supervision and direction, at COUNTY'S entire cost and expense, said road and all non -RAILWAY -owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 14. The COUNTY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. 15. The COUNTY shall not in any way, or at any time, interfere with or obstruct RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, invitees, lessees or licensees. XFrm0499 Page 6 IP 16. The COUNTY acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the COUNTY to recover damages set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of COUNTY while acting within the scope of the employee's office or employment under circumstances in which COUNTY, if a private person, would be liable under general laws of this State. The COUNTY will include in any contract which it may let for the whole or part of said work to be performed hereunder by or for the COUNTY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. 17. (a) COUNTY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to furnish any necessary construction watchmen for the protection of RAILWAY'S employees, property and train operations. RAILWAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill from RAILWAY, COUNTY shall promptly pay RAILWAY the full cost and expense of such XFrmoass Page 7 construction watchmen. The furnishing or failure to furnish constriction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release COUNTY from any and all other liabilities assumed by COUNTY under the terms of this Agreement, including its obligations under Paragraph 16 hereof. The COUNTY shall give the RAILWAY one (1) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations COUNTY shall give the RAILWAY telephonic notice. The COUNTY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the COUNTY. 18. After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the COUNTY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the COUNTY to be $490,176.00 as set forth in Exhibit B and COUNTY shall pay such invoice no later than thirty (30) days from the date thereof. 19. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the COUNTY, and at its sole expense. 20. The COUNTY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of XFrm0499 Page 8 the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the COUNTY. 21. The COUNTY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 22. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 23. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 24. It is understood by and. between the respective parties hereto that this License Agreement cancels and supersedes the existing License agreement between the Railway and Indian River County dated November 22, 1983, covering this location and all prior agreements covering matters contained herein. XFrm0499 Page 9 IN WITNESS WHEREOF, the RAILWAY and the COUNTY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and Delivered in the presence of: Witnesses as to COUNTY FLORIDA EAST COAST RAILWAY, L.L.C., a Limited Liability Company B ATT T: Assistant Secretary DATE: 2[ x-310 G INDIAN RIVER COUNTY, a political subdivision of the State of Florida Arthur R. N&6berger Title: Chairman Al Ti Date: 1-„4.0 APPROVED AS TO FORM AND LE AL SQFf ICI Y rZ dY A of WILLIAM K. DEBRAAL ASSISTANT COUNTY ATTORNEY XFrm0499 Page 10 LICENSE AREA December 7, 2005 File: 228/39/118 16TH STREET — MILEPOST 228+118'— FDOT # 272195P 4 10 A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED TWENTY (120) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE RAILWAY AT 16TH STREET IN VERO BEACH, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED ONE HUNDRED EIGHTEEN (118) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO, 228 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK. 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GRADE CROSSING WITH A 98' WIDE OMNI CROSSING. 16TH STREET, MILEPOST 228+118' AAR/DOT NO. 272195P FILE: 228/39/118 CROSSING DESCRIPTION New Length of Crossing Surface: Number of Tracks: Length of Track Panel: AGREEMENT DESCRIPTION Responsible Party: Agreement Date: Division of Responsibility Encase Fiber Optic Cable Maintenance of Traffic Crossing Surface Track Materials Track Construction Paving COST RECAPITULATION Track & Civil Work Item Encase Fiber Optic Cable Mobilization/Material Consolidation Construct Track Panel Maintenance of Traffic/Police Protection Remove Crossing Surface Remove/Replace Track/Crossing Structure Line & Surface Track Replace Crossing Surface Place Asphalt Demobilization/Site Cleanup Totals: PAVING DESCRIPTION 98 Tf Width (Across Road) 1 Ea Length (Along Road) 138 Tf Projected Lift Indian River County Pending County County County County County County Labor Equipment n/a n/a 1,786.68 1,413.50 10.00% Credit n/a 463.12 n/a 2,648.23 35387.66 851.82 406.12 2,318.06 JL 1,503.66 n/a 1,700.00 FLORIDA EAST COAST RAILWAY COMPANY _s pit Q WK4) 01/09/06 SAINT AUGUSTINE, FLORIDA 15:36 VERO BEACH: WIDEN THE EXIST. 74' WIDE TYPE "T" CONC. GRADE CROSSING WITH A 98' WIDE OMNI CROSSING. 16TH STREET, MILEPOST 228+118' AAR/DOT NO. 272195P FILE: 228/39/118 CROSSING DESCRIPTION New Length of Crossing Surface: Number of Tracks: Length of Track Panel: AGREEMENT DESCRIPTION Responsible Party: Agreement Date: Division of Responsibility Encase Fiber Optic Cable Maintenance of Traffic Crossing Surface Track Materials Track Construction Paving COST RECAPITULATION Track & Civil Work Item Encase Fiber Optic Cable Mobilization/Material Consolidation Construct Track Panel Maintenance of Traffic/Police Protection Remove Crossing Surface Remove/Replace Track/Crossing Structure Line & Surface Track Replace Crossing Surface Place Asphalt Demobilization/Site Cleanup Totals: PAVING DESCRIPTION 98 Tf Width (Across Road) 1 Ea Length (Along Road) 138 Tf Projected Lift Indian River County Pending County County County County County County Labor Equipment n/a n/a 1,786.68 1,413.50 10.00% Credit n/a 463.12 n/a 2,648.23 35387.66 851.82 406.12 613.32 168.50 469.00 8,414.16 TOTAL TRACK PROJECT COST: ENGINEERING & SUPERVISION: TOTAL TRACK & CIVIL PROJECT COST: TOTAL SIGNAL IMPROVEMENT PROJECT COST: 1,607.20 1,336.68 n/a 579.33 3,237.39 651.83 767.22 28.45 67.48 8,275.57 Material n/a RD 11,646.17 n/a n/a n/a 8,352.00 31,731.80 n/a n/a 51,729.97 $127,400.00 5,096.00 $132,496.00 357,680.00 GANG DESCRIPTION 3 Fort Pierce Section 14 Fort Pierce Smoothing 2 Crane 2 Loader Contract 7,500.00 n/a n/a 16,700.00 n/a n/a n/a n/a 22,785.00 n/a 46,985.00 TOTAL COST TO BE BORNE BY COUNTY: $490,176.00 NOTE: THIS IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST. 98 Ft 80 Ft 3 In Salvage 10.00% Credit Contingency 15044.36 n/a 800.00 35387.66 n/a 406.12 2,318.06 n/a 1,503.66 n/a 1,700.00 0.00 157.55 0.00 614.38 n/a 15044.36 15,900.00 n/a 35387.66 n/a 2,318.06 n/a 0.00 1,300.00 $/Ft Total 8,300.00 3,800.00 15,900.00 18,400.00 1,200.00 6,500.00 10,900.00 36,500.00 25,300.00 63.52 600.00 11,995.30 1279400.00 Model Last Revised 7/17'97 #REF! Responsible Party County County County County County County County County County County MATERIAL UNIT COST UNITS TOTAL COST GATE ASSEMBLIES $7,479.00 6 EA. $44,874.00 GATES $500.00 6 EA. $3,000.00 GATE FOUNDATIONS $575.00 6 EA. $3,450.00 CANTILEVERS 34' $19,183.00 2 EA. $38,366.00 CANTILEVER FOUNDATIONS $3,200.00 2 EA. $6,400.00 WIRED CASE, 4AB WITH HXP-3R2 $78,479.00 1 EA. $78,479.00 BATTERY BOX $675.00 2 EA. $1,350.00 BATTERIES, SAFT SPL250 $212.00 50 EA. $10,600.00 MISC. GROUND MATERIAL $2,712.52 1 PKG. $2,712.52 CONDUIT & DIRECTIONAL BORE $45.00 220 FT. $9,900.00 CABLE $71500.00 1 PKG. $7,500.00 MISCELLANEOUS RELAY EQUIPMENT $1,120.00 1 PKG. $1,120.00 POWER SERVICE $1,800.00 1 EA. $1,800.00 MONITORING EQUIPMENT $9,821.00 1 PKG. $9,821.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $32,906.00 TAX @ 6.5% $14,259.00 TOTAL MATERIALS $268,037.52 EXCAVATING EQUIPMENT PER DAY $181.00 20 DAYS $3,620.00 EQUIPMENT RENTAL PER DAY $125.00 20 DAYS $21500.00 FOREMAN'S TRUCK PER DAY $35.00 20 DAYS $700.00 GANG TRUCK PER DAY $63.00 20 DAYS $1,260.00 SUPERVISORS TRUCK PER DAY $35.00 20 DAYS $700.00 EQUIPMENT TOTAL $8,780.00 ENGINEERING $6,500.00 1 $6,500.00 ENGINEERING TOTAL $6,500.00 CONSTRUCTION SUPERVISION $312.00 20 DAYS $6,240.00 LABOR ADDITIVE $3,476.00 SUPERVISION TOTAL $9,716.00 LABOR PER DAY $1,154.10 $23,082.00 NUMBER OF DAYS 20 LABOR ADDITIVE $13,471.00 TOTAL LABOR $36,553.00 GANG EXPENSES PER DAY $553.00 NUMBER OF DAYS 20 TOTAL GANG EXPENSES $11,060.00 SUB -TOTAL $340,646.52 CONTINGENCIES 5% $17,032.00 TOTAL $357,680.00 DATE: 12/08/05 rr� FILE: 10.2 rt TYPE: IV CLASS: III FLORIDA EAST COAST RAILWAY NO. OF DAYS: 20 OFFICE OF THE GENERAL MANAGER AAR / DOT #: 272195P OF SIGNALS AND COMMUNICATIONS MILE POST: 228+118' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT 16th STREET VERO BEACH. This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS TOTAL COST GATE ASSEMBLIES $7,479.00 6 EA. $44,874.00 GATES $500.00 6 EA. $3,000.00 GATE FOUNDATIONS $575.00 6 EA. $3,450.00 CANTILEVERS 34' $19,183.00 2 EA. $38,366.00 CANTILEVER FOUNDATIONS $3,200.00 2 EA. $6,400.00 WIRED CASE, 4AB WITH HXP-3R2 $78,479.00 1 EA. $78,479.00 BATTERY BOX $675.00 2 EA. $1,350.00 BATTERIES, SAFT SPL250 $212.00 50 EA. $10,600.00 MISC. GROUND MATERIAL $2,712.52 1 PKG. $2,712.52 CONDUIT & DIRECTIONAL BORE $45.00 220 FT. $9,900.00 CABLE $71500.00 1 PKG. $7,500.00 MISCELLANEOUS RELAY EQUIPMENT $1,120.00 1 PKG. $1,120.00 POWER SERVICE $1,800.00 1 EA. $1,800.00 MONITORING EQUIPMENT $9,821.00 1 PKG. $9,821.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $32,906.00 TAX @ 6.5% $14,259.00 TOTAL MATERIALS $268,037.52 EXCAVATING EQUIPMENT PER DAY $181.00 20 DAYS $3,620.00 EQUIPMENT RENTAL PER DAY $125.00 20 DAYS $21500.00 FOREMAN'S TRUCK PER DAY $35.00 20 DAYS $700.00 GANG TRUCK PER DAY $63.00 20 DAYS $1,260.00 SUPERVISORS TRUCK PER DAY $35.00 20 DAYS $700.00 EQUIPMENT TOTAL $8,780.00 ENGINEERING $6,500.00 1 $6,500.00 ENGINEERING TOTAL $6,500.00 CONSTRUCTION SUPERVISION $312.00 20 DAYS $6,240.00 LABOR ADDITIVE $3,476.00 SUPERVISION TOTAL $9,716.00 LABOR PER DAY $1,154.10 $23,082.00 NUMBER OF DAYS 20 LABOR ADDITIVE $13,471.00 TOTAL LABOR $36,553.00 GANG EXPENSES PER DAY $553.00 NUMBER OF DAYS 20 TOTAL GANG EXPENSES $11,060.00 SUB -TOTAL $340,646.52 CONTINGENCIES 5% $17,032.00 TOTAL $357,680.00 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION I Flashing Signals — One Track II Flashing Signals — Multiple Tracks III Flashing Signals and Gates — One Track IV Flashing Signals and Gates — Multiple Tracks COST* $1,870.00 $2,474.00 $2,820,00 $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE: 1446.002 Responsibility for the Cost of Automatic Highway Grade Traffic Control Devices F. A. RULE EFFECTIVE DATE. July 22, 1982 GENERAL AUTHORITY: 334.044. F. S. SPECIFIC LAW IMPLEMENTED: 335.144.F. S. *This schedule was effective July 1, 2001, and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. EXHIBIT "C" FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below are signal installations by type and class: FLASHING SIGNALS - ONE TRACK Type = 1, Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1, Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type = 2, Class = 1 FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS Type = 2, Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3, Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3, Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK Type = 4, Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4, Class = 4 TYPE OF TRAFFIC CONTROL DEVICES I Flashing signals II Flashing signals with cantilevers III Flashing signals with gate IV Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES I Flashing signals - one track II Flashing signals - multiple track III Flashing signals & gates - one track IV Flashing signals & gates - multiple track EXHIBIT "C" FDOT-Type-Class.doc a INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.0 from and against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows: Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway, L.L.C., employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, and from loss damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same. In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives removed. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. EXHIBIT "D"