Report Cover Florida Department of...

Florida Department of Transportation District 5

DESIGN/BUILD AND MAINTAIN REQUEST FOR PROPOSAL

ATTACHMENT: MAINTENANCE OF WAY REQUIREMENTS

For

Central Florida Commuter Rail Transit Civil, Systems, and Track Work

Volusia, Seminole and Orange Counties, Florida

Financial Projects Number(s): 412994-2-52-01 Federal Aid Project Number(s): TBD

Contract Number: E-5L71

MAINTENANCE OF WAY

REQUIREMENTS

RFP Central Florida Commuter Rail Transit, Civil, Systems, and Track Attachment: January 2008 Maintenance of Way Requirements

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TABLE OF CONTENTS

SECTION 1 DEFINITIONS 2

SECTION 2. MAINTENANCE OF WAY SERVICES. 6

SECTION 3. INCIDENT MANAGEMENT AND NOTIFICATIONS. 6

SECTION 4. SERVICE PROPERTY, SUPPORT PROPERTY, AND SUPPORT INVENTORY. 6

SECTION 5. MAINTENANCE OBLIGATIONS 10

SECTION 6. MANAGEMENT AND PERSONNEL. 15

SECTION 7. TRAINING OF CONTRACTOR PERSONNEL. 16

SECTION 8. EXTRA WORK. 17

SECTION 9. OTHER REQUIRED WORK. 18

SECTION 10. WRECK CLEARING. 18

SECTION 11. REPORTING AND RECORDKEEPING REQUIREMENTS. 18

SECTION 12. INFORMATION MANAGEMENT. 20

SECTION 13. SYSTEM SAFETY AND SECURITY. 24

SECTION 14. TRANSITION PROCESS. 26

SECTION 15. REPLACEMENT SERVICES. 28

SECTION 16. COORDINATION WITH OTHER RAIL CARRIERS. 28

SECTION 17. OTHER CONTRACTOR AND THIRD PARTY ACCESS. 29

EXHIBIT 1 - INITIAL STOCKING LEVEL INVENTORY EXHIBIT 2 - MAINTENANCE OF WAY SCOPE OF SERVICES EXHIBIT 3 - MAINTENANCE INCIDENT MANAGEMENT PLAN EXHIBIT 4 - MAINTENANCE INFORMATION MANAGEMENT SCOPE OF SERVICES EXHIBIT 5 - SERVICE PROPERTY EXHIBIT 6 - TRACK OUTAGE REQUEST EXHIBIT 7 - REPORTS AND DELIVERABLES


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SECTION 1 DEFINITIONS

For purposes of this Attachment: “AAR” means the Association of American Railroads. “A.D.A.” means the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.

“Amtrak” means the National Railroad Passenger Corporation.

“APTA” means the American Public Transportation Association.

“Chief Operating Officer” means the occupant of that position at the Department or

designated by the Department, responsible for management and oversight of the Department’s railroad operations.

“Computer Equipment” means the hardware, firmware, and all related devices, articles, components, peripherals, materials and incidentals that are necessary for the continuous and proper operation, management and maintenance of the RMIS.

“Computer Network” means a system of end-user computers, network servers, a network operating system, storage devices, backup devices, peripherals, cabling, routers, switches, wireless communications devices, and incidentals that function together as a platform for operating the RMIS.

“Computer Services” means the services necessary to develop, operate, manage and maintain a fully operational RMIS, including without limitation the services and work outlined in Exhibit 4, Information Management.

“Data” means all records in any database, data record, or other information contained in the RMIS or used in the performance of Maintenance Services, all files generated by the Software and the Third Party Software, and any digital or hard copy reports or other outputs generated by records from any such database, or the results of queries of any such database, or the Software or Third Party Software.

“Delay Reports” means the reports described in the Maintenance Incident Management Plan, Exhibit 3.

“Dispatcher” means the Central Florida Dispatcher Desk as defined in the Transition Agreement between the State of Florida Department of Transportation and CSX Transportation, Inc.

“DOT” means the U.S. Department of Transportation.

“Emergency” means an event that, in the sole discretion of the Department, involves or exposes the Department, Design/Build Firm Personnel, Freight Users, or the general public to the risk of service disruption, personal injury, property damage, liability for regulatory noncompliance, or environmental hazard. Emergency includes, but is not limited to (1) derailment; (2) fatality or other incident at a grade crossing; (3) employee fatality, or a


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serious illness or injury to one or more employees requiring admission to a hospital; (4) an evacuation of a passenger train; (5) vandalism; (6) strike or work stoppage; (7) fire; (8) oil spill or threat of release of hazardous material; or (9) severe weather conditions.

“Environmental Services” means, without limitation, the operation, maintenance, and service of all Environmental Systems located throughout the Service Property; the maintenance of all environmental permits, certificates and licenses; the proper disposal of any waste or hazardous material; and all other services related to compliance with all applicable environmental laws and regulations, as further described in the Maintenance of Way Scope of Services, Exhibit 2.

“Environmental Services Work Item” means any task included in the Maintenance of

Way Scope of Services, Exhibit 2. “Environmental System” means any system or equipment on the Service Property that is

operated or designed to improve environmental quality, or reduce the environmental impacts of Department Maintenance Services, including but not limited to underground and aboveground tank systems, oil/water separator systems, catch basins, onsite subsurface disposal systems, wastewater pretreatment facilities and wastewater reuse facilities.

“EPA” means the U.S. Environmental Protection Agency.

“FDEP” means the Florida Department of Environmental Protection.

“FPSC” means the Florida Public Service Commission.

“FRA” means the Federal Railroad Administration. “FTA” means the Federal Transit Administration; formerly the Urban Mass Transit

Administration or UMTA.

“Information Management Plan” means the plan referred to in Section 14.2 herein. “Initial Joint Audit” means the audit of the Service Property and Support Inventory performed jointly by the Department and Design/Build Firm and required by this Maintenance of Way Requirements. “Lump Sum Price” means the amount that Department agrees to pay Design/Build Firm for the performance of Maintenance Services for the term of the Contract from Notice to Proceed to Final Acceptance. The Lump Sum Price shall not include compensation for Extra Work, which shall be reimbursed separately according to other provisions of this Maintenance of Way Requirements.

“Maintenance Agreement Year” means the twelve- month period starting on the

Maintenance Commencement Date.


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“Maintenance Commencement Date” means the date after Maintenance Mobilization Period that Design/Build Firm begins providing Maintenance Services as defined in the Design Build Contract (E-5L71)

“Maintenance Mobilization Period” means the period beginning on the Notice to

Proceed Date and ending at the Maintenance Commencement Date.

“Maintenance Mobilization Services” means, without limitation and as more fully described in the Maintenance Mobilization Scope of Services, all preparation for the commencement of Maintenance Services, including taking all steps necessary to establish a seamless transition; preparing all operational plans required by the Department; developing or procuring, and implementing the RMIS; hiring and training Design/Build Firm Personnel; developing procedures and internal guidelines; and transitioning equipment and facilities from CSXT.

“Maintenance of Way Manager” means the current occupant of the position described in

Section 6.3 herein.

“Maintenance of Way Services” means, without limitation and as further described in the Maintenance of Way Scope of Services, Exhibit 2: inspecting, managing, repairing, replacing, maintaining and reporting on all of the Department’s railroad infrastructure; inspecting, repairing and maintaining track, signals, train control equipment and railroad bridges; inspecting, maintaining, repairing and managing structures, buildings ; operating non-revenue rail vehicles and railroad work equipment vehicles; conducting surveys and track design and construction inspection; maintaining freight-only track and currently unused rights of way; operating and maintaining the non-revenue non-rail vehicles; providing information management, materials management, performance analysis and reporting; maintaining a comprehensive and up-to-date inventory control system; enforcing third-party warranties; performance of Environmental Services; and completing and undertaking Extra Work Projects.

“Maintenance of Way Services Plan” means the plan described in the Maintenance of Way Scope of Services, Exhibit 2.

“Maintenance Services” means Maintenance of Way, Environmental, Information

Management, Administrative, and Financial Services related to and necessary for the performance of maintaining the Department right-of-way, including without limitation the tasks described in the Maintenance of Way Requirements and other Exhibits, and all other tasks, functions and responsibilities Design/Build Firm is obligated to perform under this Maintenance of Way Requirements.

“Material Damage” means damage, other than normal wear and tear to Service Property or Support Inventory, excluding Design/Build Firm-owned or leased property or equipment which, in the aggregate for any occurrence, costs more than $10,000 to repair or reconstruct or, if such damage is not repairable, the property that is damaged costs more than $10,000 to replace or reconstruct.


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“On-Time Performance” has the meaning set forth in each railroads Operating Agreement with Department for railroads operating on Department Service Property.

“Operating Agreement” means an agreement between Department and each non-Department railroad operating on the Service Property.

“Other Contractors” means any contractor hired by the Department other than Design/Build Firm, or Third Parties.

“Rail Management Information System” (or “RMIS”) means the integrated network comprising the Computer Network, the Computer Services, the Computer Equipment, the Software, and additional hardware and software, all as described in Exhibit 4 Information Management, and including without limitation a reliable Internet based e-mail system, wireless communications devices, end-user computers, network servers, storage devices, backup devices, cabling, routers, switches, and incidentals that function together as a platform for the Design/Build Firm’s performance of the Maintenance Services.

“Right of Way Assets” means without limitation railroad rights of way, track and structures, surface, subsurface, and aerial property (including utilities), bridges and related structures, and communication and signal systems, which may be added or deleted by the Department during the Term of the Contract, owned or controlled by the Department and used by Design/Build Firm in providing Maintenance Services, as more specifically described in Exhibit 5, Service Property.

“Service Delay” means any delay or combination of delays that result in a train arriving or departing any station platform late and is not considered on-time in accordance with the Operating Agreement with the Railroad operating the delayed train, which shall trigger the notification procedures detailed in Section 6 of this Maintenance of Way Requirements, and the Incident Management Scope of Services, Exhibit 3.

“Service Disruption” means a delay to one or more trains due to the following causes: Emergencies, wrecks, derailments, fires, fatalities, injuries, serious mechanical problems, or other disruptions that cause a significant impact on service.

“Service Property” means the Right of Way Assets, tracks, signals, stations and platforms, yards, buildings and offices, parking lots, and other land and facilities, including improvements thereto, that are owned, controlled, or used by the Department or Design/Build Firm in providing the Maintenance Services, as more specifically described in Exhibit 5, Service Property.

“Service Schedules” means the Amtrak’s schedules for the arrival and departure times of Amtrak rail trains, as displayed in the public timetables.

“Software” means all custom software and all Third Party Software including without limitation source code, data files and System Documentation necessary to operate, manage, maintain and, if necessary, regenerate, the integrated RMIS.


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“State of Good Repair” means safe, fully functional, not in need of repair, and meeting or exceeding the minimum threshold for Department standards or other applicable regulations or standards, as detailed in this Maintenance of Way Requirements.

“Successor O & M” means a successor Operations and Maintenance Firm to the Design/Build Firm.

“Support Inventory” means spare parts, consumables, removed and rebuilt spare parts, capital spares, manuals, forms, keys and other property and materials that may be used or consumed in the provision of the Maintenance Services.

“Support Property” means equipment, tools, machines (including the RMIS, Computer Equipment, and Software), non-revenue vehicles (including automobiles, work equipment), Computer Equipment, and other equipment related to the maintenance of the Service Property or otherwise used in the provision of the Maintenance Services.

“System Documentation” means user documentation and user manuals related to the RMIS.

“Third Party” means any individual or entity other than the Department, a Department authorized representative, Design/Build Firm or Other Contractor.

“Third Party Software” means commercial, off-the-shelf software that is part of the integrated RMIS. “Transition Services” means all services necessary to ensure a seamless transition between Design/Build Firm and a Successor O&M Firm. SECTION 2. MAINTENANCE OF WAY SERVICES.

General Responsibility. Design/Build Firm shall perform all Maintenance of Way

Services provided for in this Maintenance of Way Requirements and associated exhibits. SECTION 3. INCIDENT MANAGEMENT AND NOTIFICATIONS. In the event of an incident that results in delays or disruptions to rail services, Design/Build Firm shall follow those procedures described in the Maintenance Incident Maintenance Plan, Exhibit 3. Responsibilities include but are not limited to notification of appropriate Department officials, notification to Amtrak, notification to freight railroads, investigation of delays and disruptions, and preparation of reports. SECTION 4. SERVICE PROPERTY, SUPPORT PROPERTY, AND SUPPORT INVENTORY.

4.1 Right of Access.


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(a) The Department hereby grants the Design/Build Firm the right to enter upon and use the Service Property for the purposes of performing Design/Build Firm’s obligations under this Maintenance of Way Requirements.

(b) The Department shall use reasonable efforts to ensure that Other

Contractors or Third Parties do not unreasonably interfere with Design/Build Firm’s performance of the Maintenance Services and that access by Other Contractors or Third Parties to the Service Property is limited to the degree of access granted by the Department or necessary for the performance of the duties of such parties.

4.2 Department’s Right to Inspect. The Department and its agents, contractors and

subcontractors shall have the right to enter upon the Service Property at any time and without notice for purposes of inspecting and examining the Service Property, the Support Property or the Support Inventory, or otherwise monitoring compliance with the terms of this Maintenance of Way Requirements. The Department’s representatives shall carry appropriate identification while on the Service Property. The Department shall also have the right to obtain any information related to the Maintenance Services, or to the Service Property, Support Property, or Support Inventory promptly from any management employee of Design/Build Firm.

4.3 Condition of Property. Within thirty (30) Calendar days after the Notice to

Proceed Date, the Department and Design/Build Firm shall conduct an Initial Joint Audit of the Service Property and Support Inventory. The purpose of such Initial Joint Audit shall be to identify and establish the condition of the Service Property (Condition Assessment) and the quantities and condition of the Support Inventory as of the date of the audit. The Department shall in its sole discretion correct, remedy, acknowledge, or resolve any previously hidden defects, missing materials, damage to, or failure of the Service Property and Support Inventory revealed by the Initial Joint Audit so as to comply with applicable safety laws or regulations. Design/Build Firm shall correct all other conditions in accordance with the Maintenance of Way Scope of Services, Exhibit 2.

4.4 Alterations or Modifications. Design/Build Firm shall not materially alter or

modify, except in accordance with this Maintenance of Way Requirements, any of the Service Property or Support Inventory without the prior written approval of the Department. If Design/Build Firm determines that such alteration or modification is necessary, it shall notify the Department in writing at least thirty (30) Calendar days prior to the date Design/Build Firm believes such work should commence, and shall proceed as directed by the Department. Each request from Design/Build Firm must describe, in detail, the reason for the proposed modification, the scope of the work, the estimated cost, the labor, materials and equipment needed, and must contain a detailed schematic of the proposed work and a project schedule identifying the start date, completion date, and significant event dates. At the completion of the work, Design/Build Firm shall submit to the Department appropriate documentation, including as-built drawings and any other documentation required by law or regulations. The Department or its subcontractors may remove, at the sole cost and expense of Design/Build Firm, any unauthorized alteration or modification that is not removed by Design/Build Firm within twenty-four (24) hours after notice from the Department.


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4.5 Design/Build Firm’s Duty of Care.

(a) During the Term of the Contract, Design/Build Firm shall maintain the Service Property and Support Inventory in accordance with the requirements of this Maintenance of Way Requirements, applicable warranties, and applicable law. Upon the Final Acceptance of Work, Design/Build Firm shall deliver the Service Property and Support Inventory to the Successor O & M in a condition consistent with the maintenance standards detailed in this Maintenance of Way Requirements. Design/Build Firm shall reimburse the Department for the actual costs of any repairs to or maintenance of the Service Property or Support Inventory necessary to return the same to the condition, required by the standards detailed in this Maintenance of Way Requirements, excluding the replacement of obsolete Support Inventory or capital assets.

(b) The Department shall have the right to reject any design, workmanship, or

material which does not conform to accepted practice or design of the Department, AREMA, Original Equipment Manufacturer (OEM), or any vendor supplying materials or components, or to the standards as set forth in this Maintenance of Way Requirements. Any such rejection shall be corrected by Design/Build Firm to the satisfaction of the Department. Repeated rejections may be cause for the Department to order discontinuance of all or a portion of the Maintenance Services, without commensurate relief from applicable penalties, pending resolution satisfactory to the Department. The currently accepted practice or design of Design/Build Firm, OEM, or any other vendor that, in the written opinion of the Department, represents a diminution of value to the user from a previous practice, or design, may be rejected by the Department.

(c) Design/Build Firm shall not, without prior Department approval, post or

affix any signs, notices, bumper stickers, advertisements or documents or materials of any kind that are not necessary for the performance of Maintenance Services on the Service Property, Support Property, or Support Inventory. Design/Build Firm shall not post or affix any political notices or advertisements on the Service Property, Support Property, or Support Inventory; and shall immediately remove any such notices or advertisements. Design/Build Firm shall post personal or union communications only on designated bulletin boards.

4.6 Damage to Service Property and Support Inventory.

(a) Responsibility for Material Damage to the Service Property and Support Inventory shall be determined by the Department after joint inspection by the Department’s Chief Operating Officer and the Maintenance of Way Manager or his or her designee, and, at the discretion of the Department, representatives of Third Parties. The determination of the Department pursuant to the procedures set forth in the immediately preceding sentence shall be final and binding, subject to the rights of Design/Build Firm pursuant to the Department Dispute Resolution Process. Material Damage that will be deemed to have been caused in whole or in part by acts or omissions of Design/Build Firm shall be repaired at the Design/Build Firm’s sole expense, and shall include but not be limited to: (1) mechanical, electrical, or engineering defects not found or not corrected by Design/Build Firm during the performance of its work in accordance with the Maintenance of Way Requirements; (2) improper, inadequate, or temporary repairs, adjustments, cleaning, inspections, and renewals carried out by Design/Build Firm; or


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(3) unfit, inferior, un-inspected, or non-compliant material and overhaul services obtained by Design/Build Firm.

(b) In calculating the aggregate amount of damage from any occurrence to

determine whether damage is Material Damage, the Department and Design/Build Firm shall take into account damage to Service Property and Support Inventory and other assets of the Department, and substitute transportation and all other costs estimated by the Department to be necessary or desirable in order to repair or replace property that has suffered Material Damage. Design/Build Firm shall submit to the Department within twenty-four (24) hours of the occurrence of such damage a preliminary report detailing the cause and extent of the damage and estimate of repair costs, and measures undertaken by Design/Build Firm to prevent future similar damage. Within thirty (30) Calendar days of the occurrence of the damage, Design/Build Firm shall submit to the Department a report further detailing the final estimate of costs of repair of replacement.

(c) Material Damage to the Service Property or Support Inventory not caused

in whole or in part by Design/Build Firm’s acts or omissions shall be repaired by Design/Build Firm at the Department’s expense and shall be treated as Extra Work. The Department may, in its discretion, elect to have such work performed by Other Contractors, who may, at the Department’s discretion, utilize any facility on the Service Property for the performance of such work. Design/Build Firm shall not charge such Other Contractor for such use of facilities. Support Inventory on hand at such facility and used by Other Contractors in the repair of Material Damage shall be replaced by the Department or Other Contractors or the appropriate adjustment shall be made to the inventory. In the event that such Work by Other Contractors affects the Design/Build Firm‘s performance of the Maintenance Services, or its use of the Service Property, or Support Inventory such that Design/Build Firm is unable to comply with the requirements of this Maintenance of Way Requirements, the Department shall waive the penalty assessable as a result of Design/Build Firm’s failure to comply.

(d) Design/Build Firm may inspect, at its sole discretion and cost, any repairs

performed by Other Contractors. In the event that, in the opinion of Design/Build Firm, repairs by Other Contractors are not performed in accordance with the standards required of Design/Build Firm under this Maintenance of Way Requirements, Design/Build Firm shall notify the Department in writing. Any correction or repairs that the Department determines should be made by Design/Build Firm to Service Property and Support Inventory as a result of inadequate repairs by Other Contractors shall be performed by such Other Contractor at such Other Contractor’s sole cost and expense, or performed by Design/Build Firm as Extra Work at the Department’s sole discretion.

(e) Where damage to Service Property and Support Inventory does not

constitute Material Damage, Design/Build Firm shall determine, to its best ability, the extent and cause of the damage, and provide a written report to the Department no later than the business day following the date on which the Design/Build Firm became aware of such damage. All damage reports filed pursuant to this paragraph must specify in detail the cause and extent of the damage and the measures taken by Design/Build Firm to prevent similar future damage. Unless otherwise directed by the Department, Design/Build Firm shall, within sixty (60) Calendar days following submission of a damage report, undertake repairs of the damaged Service Property or


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Support Inventory at Design/Build Firm’s sole cost and expense. Design/Build Firm shall notify the Department upon completion of such repairs.

(f) Design/Build Firm shall promptly repair any damage to the Service

Property or Support Inventory caused by derailments, collisions, or Third Parties that materially affects Rail Services, without regard for cause or responsibility. Design/Build Firm shall maintain accurate cost records pertaining to these activities in the event they are eligible for any reimbursement.

(g) The provisions of this Section do not apply to or otherwise affect the

Design/Build Firm’s obligation to perform routine maintenance as required by this Maintenance of Way Requirements. All costs related to such routine maintenance are included in the Lump Sum Price.

SECTION 5. MAINTENANCE OBLIGATIONS

5.1 Maintenance Obligations.

(a) Design/Build Firm shall inspect, service, repair, and maintain the Service Property and Support Property in accordance with this Maintenance of Way Requirements, including without limitation the Maintenance of Way Scope of Services, Exhibit 2, and other Exhibits. Design/Build Firm shall, at all times, keep the Service Property and Support Property in a State of Good Repair.

(b) Design/Build Firm shall (i) comply fully with the terms of any

manufacturer’s warranty on the Service Property and Support Property and any other property used in the provision of Maintenance Services; (ii) cooperate with the Department regarding the fulfillment of any warranty obligations; (iii) administer such warranties on behalf of the Department; and (iv) provide the Department with any information necessary to the administration of any such warranties at Final Acceptance of the Contract.

(c) Within sixty (60) Calendar days after the Notice to Proceed Date,

Design/Build Firm shall develop and submit to the Department for acceptance a Maintenance of Way Services Plan identifying both scheduled maintenance work and maintenance projects to be undertaken by Design/Build Firm, and detailing Design/Build Firm’s specific maintenance schedule for accomplishing such work and projects during the Term of this Contract as identified and further described in the Maintenance of Way Scope of Services, Exhibit 2. Design/Build Firm shall update such plans on an annual basis not later than August 30th of each Contract Year and submit to the Department for acceptance, or more frequently as required by significant changes to the plans or as required by the Department’s Chief Operating Officer. Design/Build Firm shall also submit for Department approval plans for specific service disruptions required for maintenance projects in accordance with the terms of the "Transition Agreement between the State of Florida Department of Transportation and CSX Transportation, Inc" In addition, the Department may request changes to any such plans, and Design/Build Firm shall make and agree to implement such proposed changes within ten (10) Calendar days of the Department’s request, or shall suggest, within thirty (30) Calendar days of the Department’s request, alternatives reasonably designed to meet Department’s needs as stated in its request. All maintenance


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activities of Design/Build Firm under this Contract shall be conducted in accordance with the plans referred to in this Section.

(d) Design/Build Firm shall comply with all applicable federal, state, local

industry and Department safety requirements, regulations, or guidelines relating to the maintenance of the Service Property, Support Property, and Support Inventory.

(e) Design/Build Firm shall operate and maintain all Environmental Systems

in existence on or in the Service Property or Support Property, as detailed in the Maintenance of Way Scope of Services, Exhibit 2.

5.2 Support Inventory Management Obligation.

(a) Design/Build Firm shall procure, store, secure, issue, account for, control and manage the disposal of Support Inventory necessary for the provision of Maintenance Services.

(b) Design/Build Firm shall manage the purchasing of all Support Inventory required to perform the Maintenance Services, as described herein. All Support Inventory acquired by Design/Build Firm in order to perform the Maintenance Services shall be used solely for the purpose of providing the Maintenance Services. Design/Build Firm shall not sell, loan, give away or use for purposes other than Maintenance Services, Support Inventory purchased or obtained for the Maintenance Services, without the express written consent of the Department. Title and ownership of such Support Inventory shall pass to the Department upon purchase by Design/Build Firm except as otherwise provided in this Maintenance of Way Requirements. The Support Inventory shall be available for inspection by the Department at all times.

(c) Design/Build Firm shall develop and institute, subject to the approval of the Department, a materials management process that will optimize efficiency and reduce inventory cost through forecasting of replenishment requirements as well as control of all phases of the materials handling function, and that will assure that adequate levels of critical inventory (particularly long lead-time items) are maintained throughout the Term of this Contract. Design/Build Firm shall use the Materials MIS to monitor levels of materials and inventory.

(d) Storage Location. Support Inventory must remain at a property location accepted by the Department.

(e) Storage and Handling. All Support Inventory shall be properly handled to prevent damage. Support Inventory shall be protected properly during storage. Due care shall be taken to protect Support Inventory from the effects of precipitation, heat, sun, cold, damp, and other effects of time and weather. Support Inventory shall be stored so that it does not warp, twist, or otherwise distort during storage. The Department may reject as non-compliant Support Inventory not stored in conformance with this Maintenance of Way Requirements. Loss of value due to improper handling or storage of Support Inventory shall be the responsibility of Design/Build Firm.


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(f) Support Inventory Valuation. The inventory maintained in the Materials MIS acquired for use in the Maintenance Services shall be subject to audit and verification by the Department. At no time during the Term of the Contract shall the Support Inventory fall below ninety percent (90%) of the Support Inventory on the Maintenance Commencement Date.

(g) Physical Inventory and Audit. Design/Build Firm shall conduct an initial physical inventory and annual physical inventory of the Support Inventory.

Prior to the Maintenance Commencement Date, the Department and Design/Build Firm shall complete an initial physical inventory of the Support Inventory to determine the quantities thereof. Such initial inventory and audit shall serve, among other things, as the basis for determining Design/Build Firm’s compliance and Department’s compliance. Upon completion of such initial physical inventory and initial audit, a listing of such Support Inventory shall be attached to the Maintenance of Way Services Plan.

(h) Obsolete, Surplus, Scrap and Salvage Support Inventory. As part of the annual physical inventory and annual audit, and routinely in the course of performing the Maintenance Services, Design/Build Firm shall identify any Support Inventory that is to be considered obsolete, surplus, scrap or salvage provided that the final determination of such status shall be made by the Department.

(1) Obsolete material is Support Inventory that is no longer readily, economically, and commonly available to Design/Build Firm, is no longer in the catalog, is no longer a standard item supplied by an Original Equipment Manufacturer (“OEM”), or is made unnecessary by an action of the Department. If an item of Support Inventory is deemed obsolete by the Department, it may continue to be utilized until depletion, unless the item has been determined to be inappropriate due to safety or other failure considerations. Obsolete material shall be disposed of after approval is obtained from the Department.

(2) Surplus material is Support Inventory for which there is more than a five (5) year supply. The inventory in excess of the five (5) year supply may be disposed of with the prior written approval of the Department.

(3) Scrap material is an item of Support Inventory where the actual cost to repair or repair-and-return may exceed the economic cost to replace. In such cases, Design/Build Firm may scrap the item of Support Inventory if Design/Build Firm replaces it with a new or completely remanufactured item. Design/Build Firm may also scrap-and-replace such units of Support Inventory where and when it realizes operating economies from standardized configurations with the prior written approval of the Department. For such standardization, Design/Build Firm shall use only new or completely remanufactured items.

(4) Salvage Material is an item acquired by demolition of existing facilities or equipment and excess construction materials which is placed into inventory.

(5) Design/Build Firm shall, at least annually, dispose of any Support Inventory identified as obsolete, surplus, or scrap. Disposal of non-capitalized units of property shall be accomplished through sale by competitive bidding. Capitalized units of property must be disposed of in accordance with instructions from the Department. Disposal of any obsolete,


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surplus or scrap Support Inventory shall be on a first-in, first-out (FIFO) basis. All Support Inventory retained shall be the most recently acquired.

(6) The proceeds of sales of obsolete, surplus, scrap Support Inventory shall be credited to the Department by means of a deductive change order.

(i) Inventory Maintenance Plan. Within sixty (60) Calendar days after the Notice to Proceed Date, Design/Build Firm shall develop an Inventory Maintenance Plan. The plan shall detail the amount of inventory required to maintain the Service Property. The plan is subject to acceptance by the Department. Such plan shall be updated annually and submitted to the Department as part of the corresponding Maintenance of Way Services Plan.

(j) Minimum and Maximum Levels. Design/Build Firm shall determine, subject to Department acceptance, the minimum and maximum levels of each item of Support Inventory to be maintained. The Department may, at its sole discretion, direct Design/Build Firm to adjust minimum and maximum line item inventory levels.

(k) Stocking Levels. Design/Build Firm shall at all times maintain actual levels of Support Inventory that exceeds the Department approved minimum inventory levels. In the event that the Department determines that actual Support Inventory levels fall below such Department approved minimum levels, the Department may deduct from Design/Build Firm’s next monthly payment the cost of acquiring the amount of Support Inventory necessary to bring the actual Support Inventory level up to the Department approved minimum inventory level. Design/Build Firm shall not deplete existing stocks to generate working capital for Design/Build Firm’s benefit. Consumption of existing stocks that results in replacement with consignment material is not permitted without prior written approval from the Department.

(l) Initial Stocking Level. Design/Build Firm shall stock Support Inventory with material listed in Exhibit 1 prior to commencement of maintenance services. Upon Final Acceptance the Design/Build Firm shall turn over the same initial inventory to the Successor O & M. The cost is included in the lump sum price.

(m) Replacement of Support Inventory. (1) Items of Support Inventory with a replacement value of less than

ten thousand dollars ($10,000) that for any reason become unavailable for use in the provision of Maintenance Services shall be promptly replaced by Design/Build Firm, and the cost of any such replacement shall be included in the Lump Sum Price.

(2) If, as a result in whole or in part of Design/Build Firm’s act(s) or

omission(s), as determined by the Department, an item of Support Inventory with a replacement cost of ten thousand dollars ($10,000) or more is made unavailable for use in the provision of the Maintenance Services, Design/Build Firm shall replace such item or reimburse the Department for the replacement cost of such item.

(3) If an item of Support Inventory with a replacement cost of ten

thousand dollars ($10,000) or more is made unavailable for use in the provision of the Maintenance Services as a result of causes other than an act or omission on the part of


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Design/Build Firm, the Design/Build Firm shall promptly replace such item unless the same is, in the Department’s reasonable judgment after consultation with Design/Build Firm, no longer necessary for the provision of the Maintenance Services. Department shall reimburse the Design/Build Firm for the replacement cost of such item.

(4) In the event that Support Inventory becomes unavailable, as

described in paragraphs (1), (2), and (3) above, Design/Build Firm shall submit reports to the Department within twenty-four (24) hours of the occurrence of such unavailability.

(n) Quality of Materials. Support Inventory material and services shall be

selected to achieve or exceed performance requirements of the Maintenance of Way Requirements. Services include repairing and overhauling components. All Support Inventory materials to be used in the Maintenance Services shall be first quality products and shall conform to OEM specifications. If OEM specifications are not available, then other appropriate specifications or standards (such as AAR, ANSI, Aluminum Association, ASTM, AWI, NEC, NFPA, SAE, ASME, or others) should be utilized, unless otherwise specified by the Department. Design/Build Firm shall not acquire or use materials that would result in a reduction in durability, reliability, safety, regulatory compliance, or operating economy relative to the Service Property original design or as modified through upgrades or improvements.

(1) Design/Build Firm shall acquire Support Inventory that is identical to and interchangeable with parts, material, circuits, logic, ergonomics and dimensions on the existing Department Service Property. Unless otherwise specified in this Maintenance of Way Requirements, the requirement for interchangeability shall apply to material used for repairs, maintenance, and replacements. Interchangeability shall be defined by form, fit, and function. The cost, durability, delivery time and appearance are an integral part of function.

(2) Design/Build Firm may recommend substitutions in or changes to configurations of material and spares, however such substitutions or changes shall not lessen the reliability, appearance, availability, operating economy, compliance, or safety of the Service Property. Should the Department provide approval for such substitution or change, Design/Build Firm shall acquire sufficient spare materials for such substitution or change.

(3) Design/Build Firm shall not remove re-buildable components and replace them with earlier, superseded, obsolete, or discontinued models taken from other sources of Service Property or supplier inventories.

(4) All Support Inventory purchased for the Maintenance Services shall comply with all local, state, and federal regulations.

(o) Materials MIS. Design/Build Firm shall use the Materials MIS to monitor materials management activities. These activities shall include, but not be limited to, maintaining an inventory of all existing materials and parts; optimizing stocking of materials and parts; calculating the costs of materials and parts used for work orders; controlling the ordering of materials and parts; and tracking specific materials, including materials for Extra Work Projects, serialized components, budgets and project costs.


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The system shall be fully operational and up-to-date within thirty (30) calendar days before the Maintenance Commencement Date. Design/Build Firm also shall ensure that existing Department materials management data is loaded into the Materials MIS prior to the Commencement Date.

Design/Build Firm shall separately identify and track materials used for Extra Work Projects in the Materials MIS.

(p) Failure to Maintain Adequate Levels. In the event that Design/Build Firm is unable to perform the necessary maintenance on the Service Property within the allocated maintenance schedule due to Design/Build Firm failure to maintain an adequate level of inventory, Design/Build Firm shall be held liable for the maintenance delay condition, including all applicable penalties.

SECTION 6. MANAGEMENT AND PERSONNEL.

6.1 Maintenance of Way Manager.

(a) Design/Build Firm shall, subject to the prior approval of the Department, designate a Maintenance of Way Manager who shall be a resident in the Orlando metropolitan area during Maintenance Mobilization Period and during the term of the Contract who shall have professional and management experience providing similar services for a railroad or transit agency. Design/Build Firm agrees that it will delegate to the Maintenance of Way Manager sufficient authority to make immediate decisions as necessary to maintain the safe and efficient daily performance of Maintenance Services. Design/Build Firm further agrees that the Maintenance of Way Manager shall be assigned exclusively to perform the Maintenance Services and shall not perform functions in connection with any other Design/Build Firm service or Contract. The Maintenance of Way Manager shall have authority to enter into agreements with the Department for Extra Work Projects with a value up to $1 million per project, and have authority to approve purchases of up to $1 million within five (5) Calendar days. For Extra Work or purchases in excess of $1 million, Design/Build Firm shall obtain the required corporate approval within ten (10) Calendar days according to procedures approved by the Department.

(b) The Maintenance of Way Manager shall, among other duties, (1) have

principal responsibility for directing and coordinating Design/Build Firm’s performance of its obligations under this Maintenance of Way Requirements; (2) serve as Design/Build Firm’s principal liaison with the Department for maintenance; (3) attend any meeting (including without limitation public meetings) with the Department’s Chief Operating Officer or other senior staff, as requested by the Department; and (4) be available at such other times as the Department may direct, to consult with representatives of the Department.

(c) In the Maintenance of Way Manager’s absence, Design/Build Firm will

designate an Acting Maintenance of Way Manager who shall have full authority to discharge the responsibilities of the Maintenance of Way Manager. Design/Build Firm shall fill any vacancy or absence in the Maintenance of Way Manager’s position on an interim basis within three (3) business Calendar days of the day on which such absence or vacancy began. In the event of an absence by the Maintenance of Way Manager in excess of thirty (30) calendar days, the


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Design/Build Firm will submit the name of the Acting Maintenance of Way Manager within two (2) business Calendar days of the date on which the initial absence or vacancy occurs to the Department for approval. A vacancy in the Maintenance of Way Manager position will be filled on a permanent basis, by an individual approved by the Department, within sixty (60) calendar days of the date on which the initial absence or vacancy occurs, unless such time period for approval is extended by the Department.

(d) Design/Build Firm shall provide management staff for maintenance of

signal and track. This management staff shall oversee Design/Build Firm maintenance activities including those described in this Maintenance-of-Way Scope of Services and elsewhere in this Maintenance of Way Requirements. These managers shall investigate and be responsible for producing reports on all damage to the Service Property, Support Property, and Support Inventory contained therein. SECTION 7. TRAINING OF CONTRACTOR PERSONNEL.

7.1 Training Programs. Design/Build Firm will establish an Annual Training Program Plan to provide comprehensive ongoing training programs for all Design/Build Firm Personnel involved in providing Maintenance Services and Roadway Worker Protection flagging services, including, without limitation, any training required by the FRA for the performance of Maintenance Services. Such training shall include specific training related to Maintenance of Way Services. Design/Build Firm shall identify in the Annual Training Program Plan, all legally required training and discretionary training for each functional area of the Maintenance Services.

7.2 Department Acceptance. All training programs or portions thereof (including

the annual training schedule of all Design/Build Firm Personnel) provided in connection with the Maintenance Services shall be submitted for review and acceptance by the Department by August 30th of each Contract Year, and will be designed, developed and implemented in accordance with Design/Build Firm’s Technical Proposal and established professional standards for performance-based instruction. Design/Build Firm shall provide Department with copies of course descriptions for training designated specially for the Maintenance Services. Department shall have the right to inspect copies of all training programs used for Design/Build Firm Personnel who are performing Maintenance Services.

7.3 Costs. The costs of the approved training programs required for performance of

the Maintenance Services shall be included in the Lump Sum Price. 7.4 Failure to Complete Training. The failure of any Design/Build Firm Personnel

to successfully complete required training included in the approved training schedule shall be the basis for removing such Design/Build Firm Personnel from further performance of the Maintenance Services requiring such training until the employee successfully completes the required training.

7.5 Reports. Design/Build Firm will provide Department with a Monthly Training

Report, which will list and describe each training session conducted during the month; the number of hours of training completed by each employee; and the names of each employee who participated in each such training session as well as the employee’s test results.


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7.6 Operating Rules, Special Instructions, Safety Rules, and Dispatching Rules.

The Department will adopt the CSXT Operating Rules for the CFCRT Corridor to be used during the term of the Contract. The Design/Build Firm shall become familiar with the CSXT Operating Rules and shall instruct their maintenance personnel in the Rules prior to the Maintenance Commencement Date. The Design/Build Firm shall perform its maintenance services in conformance with the conditions contained in the "Central Florida Operating and Management Agreement between the State of Florida Department of Transportation and CSX Transportation, Inc." attached to this Contract. The Design/Build Firm shall comply with the terms of the "Transition Agreement between the State of Florida Department of Transportation and CSX Transportation, Inc." and the" Memorandum of Understanding between Amtrak and State of Florida Department of Transportation" attached to this Contract.

7.7 Knowledge of Rules. Maintenance of Way personnel, flagmen, watchmen/look-

outs, and other safety-sensitive personnel critical to safe rail operations shall be qualified on the applicable sections of the Operating Rules, the Special Instructions, the Safety Rules, Dispatching Manual, Bulletin Notices, Department of Safety Notices, the physical characteristics of the applicable routes, and every other document required for the safe operation of the railroad. To be qualified as required herein, Design/Build Firm Personnel shall be tested as determined by the Design/Build Firm. Design/Build Firm Personnel whose familiarity and qualification are deemed acceptable by Design/Build Firm shall receive a written certification from Design/Build Firm.

7.8 Third Party Training. Design/Build Firm shall provide required safety training

to Other Contractors or Third Parties who are approved by the Department to perform work on the Service Property. Design/Build Firm shall be responsible for obtaining the recovery, if any, of its cost for such safety training from such Third Parties. SECTION 8. EXTRA WORK.

The Department may at its discretion direct Design/Build Firm to perform Extra

Work. All Extra Work shall be performed in full and strict compliance with all applicable terms and conditions of this Maintenance of Way Requirements, including the Exhibits hereto and the Scope of Services. Design/Build Firm shall assign personnel to perform Extra Work, to the extent that such assignment does not adversely affect the provision of other Maintenance Services. Compensation for Extra work shall conform to the provisions of Division 1 Specifications. Design/Build Firm shall use available Support Property for the performance of Extra Work, as long as such use does not interfere with the performance of other Maintenance Services. This shall include such Support Property as is made available by relocating or rescheduling other work of a non-critical nature.


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SECTION 9. OTHER REQUIRED WORK.

9.1 General. In addition to the Maintenance Services and Extra Work, Design/Build Firm shall perform work for Third Parties when directed to do so by the Department, such as third party training, wreck clearing, support, and support for utility companies working in the right of way.

9.2 Compensation. Design/Build Firm shall be compensated for such work

according to the terms entered into by Design/Build Firm and such Third Parties.

SECTION 10. WRECK CLEARING.

10.1 General. Design/Build Firm shall clear all wrecks on the Service Property and restore to operation all affected services. The Design/Build Firm shall respond to all wrecks with a first responder on site within 30 minutes of notification.

10.2 Specific Other Wrecks. Other railroads may assist with wreck clearing involving

wrecks of that railroad equipment. The respective rights and obligations of the foreign railroad and Department shall be governed by the terms and conditions of agreements, if any, between Department and that railroad.

10.3 Reimbursement.

(a) Design/Build Firm shall pursue the Direct Costs incurred in clearing wrecks. Such costs are not included in the Lump Sum Price and shall be separately reimbursed. Department shall not reimburse Design/Build Firm for any costs incurred in clearing wrecks caused in whole or in part by Design/Build Firm. Where a wreck involves a foreign railroad operating on Department property, Department shall support Design/Build Firm efforts to obtain reimbursement from such other railroad for expenses incurred in clearing the wreck.

(b) Design/Build Firm shall provide wreck clearing equipment.

SECTION 11. REPORTING AND RECORDKEEPING REQUIREMENTS.

11.1 In General.

(a) Design/Build Firm shall keep, store, and maintain, during the term of this Contract, and for three (3) years after the termination or Final Acceptance, full and accurate records of all aspects of its provision of Maintenance Services and other activities carried out under this Contract. Design/Build Firm shall furnish to the Department, without limitation, all reports and records identified in or required by this Maintenance of Way Requirements, including Exhibit 7, Reports and Deliverables, according to the reporting schedules specified herein.

(b) During the term of the Contract, Design/Build Firm shall keep all records

in the State of Florida.


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(c) At the termination or Final Acceptance, Design/Build Firm shall notify the Department of the location at which it will keep all records relating to the provision of Maintenance Services, or provide copies or originals of such documents to the Department.

11.2 Financial Records and Reports. Design/Build Firm shall keep full and accurate accounting records, including source documentation, of all expenses and revenues related to the provision of Maintenance Services. All such records shall be prepared in accordance with Generally Accepted Accounting Principles.

11.3 Required Reports. Design/Build Firm shall maintain and furnish to Department, in writing and in electronic format, the required reports set forth in this Maintenance of Way Requirements, including without limitation Exhibit 7, Report and Deliverables, in accordance with the delivery schedules presented in this Section. Monthly invoices shall not be considered complete if any required reports are missing.

(a) Daily Reports as designated in Exhibit 7, Report and Deliverables, that are required to be submitted by Design/Build Firm to the Department shall be received by the Department no later than 7:00 a.m. of the following day.

(b) Weekly Reports as designated in Exhibit 7, Report and Deliverables, shall be received by the Department no later than close of business on Monday of the following week.

(c) Monthly Reports as designated in Exhibit 7, Report and Deliverables, shall be received by the Department no later than the date of the submission by Design/Build Firm of its monthly invoice to the Department.

(d) Quarterly Reports as designated in Exhibit 7, Report and Deliverables, shall be received by the Department no later than the date of the submission by Design/Build Firm of the monthly invoice to the Department for the first month of each subsequent quarter.

(e) Annual Reports as designated in Exhibit 7, Report and Deliverables, shall be received by the Department no later than the date of Design/Build Firm’s submission to the Department of Design/Build Firm’s invoice for the first month of the subsequent Department fiscal year, unless otherwise specified in Exhibit 7, Report and Deliverables.

(f) As Occurs Reports as designated in Exhibit 7, Report and Deliverables, shall be received by the Department no later than twenty-four (24) hours after the occurrence triggering a report.

(g) On-Demand Reports as designated in Exhibit 7, Report and Deliverables, shall be prepared by the Department, or by Design/Build Firm at Department’s request, using the RMIS.

11.4 Annual Program Plans and Deliverables. Design/Build Firm shall deliver to the Department for acceptance all Annual Program Plans including, without limitation, those designated in Exhibit 7, Reports and Deliverables, and other deliverables specified by August 30th of each Contract Year, or on such other schedule as specified. The Department shall review


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each such plan, and shall either accept such plan or, within thirty (30) Calendar days of its receipt, direct Design/Build Firm to revise such plan. Design/Build Firm shall provide the Department with a plan revised accordingly within thirty (30) Calendar days of receipt of such revisions from the Department. Initial program plans shall be delivered during the Mobilization Period on the schedule identified in Exhibit 7, Report and Deliverables.

SECTION 12. INFORMATION MANAGEMENT.

12.1 Rail Management Information System. Design/Build Firm shall procure, operate, manage and maintain a Rail Management Information System (“RMIS”) for the performance of the Maintenance Services. Design/Build Firm shall be required to develop, procure and implement, as directed by the Department, the RMIS. The RMIS shall be operated, managed and maintained in accordance with the terms of this Maintenance of Way Requirements, including without limitation Exhibit 4, Information Management. All Computer Equipment, Software and Third Party Software provided under this Contract shall comply in all material respects with Exhibit 4, Information Management. All Software and Third Party Software must be operated on Computer Equipment that is (a) acquired for the purposes of Maintenance Services and (b) located in the State of Florida.

12.2 Information Management Plan. During the sixty (60) Calendar days after the Notice to Proceed Date, Design/Build Firm shall submit a detailed and comprehensive Information Management Plan to the Department for acceptance. The Information Management Plan shall provide, at a minimum, (i) an itemized list of Computer Equipment that Design/Build Firm intends to purchase and a proposed schedule for purchase; (ii) an itemized list of all Software the Design/Build Firm intends to develop, procure, install and/or use in order to operate, manage and maintain the RMIS and perform the Maintenance Services; (iii) diagrams and specifications for the RMIS; and (iv) details of Design/Build Firm’s intellectual property security procedures. Within thirty (30) Calendar days of its receipt, the Department shall review and accept the Information Management Plan or provide Design/Build Firm with an itemized list of items or issues that Design/Build Firm must revise. Design/Build Firm shall provide the Department with a revised Information Management Plan within thirty (30) Calendar days of its receipt of the Department’s comments.

12.3 Operational Requirements.

(a) Design/Build Firm shall use the RMIS:

(1) on a day-to-day basis for the input, storage and retrieval of information related to the Maintenance Services;

(2) to produce reports required as part of the Maintenance Services as described in Exhibit 7, Reports and Deliverables;

(3) to allow and provide real-time access to Data related to the Maintenance Services by Department staff and computers specifically identified by the Chief Operating Officer. See


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Exhibit 4, Maintenance Information Management Scope of Services; and

(4) for all other tasks and services related to the provision of the Maintenance Services as the Design/Build Firm sees fit or as contemplated or required in Exhibit 4, Information Management.

For purposes of this Contract, “real-time access” means that the Design/Build Firm must input into the RMIS, and the RMIS must make available to the Department, information regarding each day’s activities or occurrences in the manner described in Exhibit 4, Information Management, as soon as practicable, but no later than twenty-four (24) hours after the activity or occurrence takes place.

(b) The Department shall use the RMIS:

(1) to review, inspect and audit Data;

(2) to have real-time access to Data; and

(3) for all other purposes necessary to fulfill or maintain the Department’s rights and obligations with regard to the Rail System.

12.4 Backup and Disaster Recovery.

(a) Design/Build Firm shall develop, provide, implement, and periodically test a disaster recovery and backup procedure for the RMIS. Design/Build Firm shall restore Data and network operations in the event of a failure or other occurrence related to the RMIS that delays or prevents the availability of accurate Data on a real-time basis at all times during the Term of the Contract in accordance with the standards established in Exhibit 4, Information Management. Design/Build Firm shall, when necessary, restore or regenerate all Software and Data in order to seamlessly operate and maintain the RMIS.

(b) Design/Build Firm shall continue to meet reporting and deliverable

requirements as described in Exhibit 7, Reports and Deliverables, without regard to the operational statue of the RMIS or any component thereof.

12.5 Ownership of Hardware, Software and Data.

(a) The right to possess and use three licenses for the Software and Third Party Software will be made available for use by the Department upon purchase by Design/Build Firm. All other licenses required for the performance of Maintenance Services shall remain for use by the Design/Build Firm’s. All costs related to implementation of the Information Management Plan shall be part of the lump sum price.

(b) The Design/Build Firm shall retain title and ownership of the Computer

Equipment.


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(c) All Software and Third Party Software provided or used by Design/Build Firm to perform the Maintenance Services, including without limitation custom software developed by or on behalf of Design/Build Firm, shall be licensed to the Design/Build Firm through the Software License Agreement.

(d) All data shall be considered the property of Department and shall be

transferred to Successor O & M Firm at Final Acceptance. Data may only be used by the Design/Build Firm for the performance of Maintenance Services and as defined in this Maintenance of Way Requirements.

12.6 Warranties.

(a) System Warranties. Design/Build Firm hereby warrants RMIS, as a whole, for the Term of this Contract (the “RMIS Warranty Period”), as follows:

(1) The RMIS shall comply in all material respects and shall be fit for

its intended purposes as described in Exhibit 4, Maintenance Information Management.

(2) The RMIS as a whole will be free from any defects in materials or workmanship.

(3) The RMIS as a whole does not infringe upon or violate any patent or copyright or trade secret or proprietary right of any other party.

(b) Software Warranties. Design/Build Firm hereby warrants the Software and Third Party Software for the RMIS Warranty Period as follows:

(1) The Software and the Third Party Software are free of any defects

and shall remain in a State of Good Repair.

(2) The Software License Agreement grants to the Department all rights necessary to operate and maintain the RMIS free and clear of any rights of any other parties.

(3) The Software and Third Party Software shall comply in all material respects with and shall be fit for their intended purposes as described in Exhibit 4, Information Management.

(4) Neither the Software, the Third Party Software nor any portion thereof infringes upon or violates any patent or copyright or trade secret or proprietary right of any other party.

(5) The Software shall operate in accordance with the System Documentation.


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(c) Exclusions. The warranties provided for in this Section do not apply (i) if the RMIS is subject to damage or misuse due to fault or negligence of Department or Third Parties; or (ii) to the extent maintenance, modifications or repairs are provided with respect to the RMIS by Department or Third Parties without Design/Build Firm’s approval and such services cause damage to the RMIS or cause Design/Build Firm to be unable to perform the services hereunder or to be able to perform the services only at additional costs to Design/Build Firm which are not reimbursed by the Department.

(d) Remedies for Breach of Warranty. The Department shall notify the

Design/Build Firm in writing of any breach of warranty pursuant to the Maintenance of Way Requirements. Design/Build Firm shall repair or replace at no cost to the Department the relevant articles, items, components or materials constituting Computer Equipment and/or Software and Third Party Software so that the RMIS Computer Equipment, Software and Third Party Software comply with the relevant warranties as provided herein. Design/Build Firm’s duty to repair or replace shall be Department’s sole and exclusive remedy for any breach of warranty, except that the provisions of this Section shall not restrict or limit the Department from exercising any other remedies under this Maintenance of Way Requirements.

12.7 System Documentation. Design/Build Firm shall provide the Department with copies of user documentation and user manuals with respect to the RMIS, including all Computer Equipment, Software and Third Party Software (collectively “System Documentation”) which are sufficient for the Department to use, operate, and maintain the RMIS. The Department, at its own expense, may make additional copies of the System Documentation for its use in operating and maintaining the RMIS.

12.8 Restrictions on Use of Data. All data used in the performance of the Maintenance Services shall become property of the Department. Design/Build Firm shall not copy, distribute, alter, sell or re-use any data used to meet the requirements of this Maintenance of Way Requirements unless it is for the sole purpose of performing the Maintenance Services. Any action taken with such data outside of normal day-to-day operation shall be done only at the direction of the Department.

12.9 Department Proprietary Information. The Department retains all right, title and interest in and to all proprietary data, documentation and copies thereof furnished by it to Design/Build Firm hereunder, including all copyright and other proprietary rights therein (“Department Proprietary Information”). Design/Build Firm, and its employees shall hold all such information confidential and shall not, without the prior written consent of the Department, use, disclose or offer, sell or license or otherwise transfer to others any Department Proprietary Information or disclose any Department Proprietary Information. Notwithstanding the foregoing, Design/Build Firm may provide Department Proprietary Information in response to any proper governmental or court demand therefore.

12.10 Design/Build Firm Inventions. The Design/Build Firm hereby grants to the Department a perpetual, non-exclusive, irrevocable, royalty-free license to use any and all features of the RMIS that are developed by Design/Build Firm or its employees, subcontractors, consultants, agents or suppliers for the Department in accordance with this Maintenance of Way


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Requirements (including all patent, copyright, trade secret and other proprietary rights) (“Design/Build Firm Inventions”).

12.11 Design/Build Firm Cures for Infringement. Without limiting the generality of the foregoing or limiting any other remedies of the Department, if the RMIS or any item of Computer Equipment, Software, or Third Party Software or any portion thereof is held to constitute an infringement and its use is or may be enjoined, Design/Build Firm shall, at the option of the Department: (i) modify (or require that the applicable subcontractor, consultant, agent or supplier modify) the alleged infringing portion of the RMIS, Computer Equipment, Software or Third Party Software, at Design/Build Firm’s sole expense, without materially impairing the functionality or performance of the RMIS, at the option of the Department; or (ii) procure for the Department, without any cost to the Department, a license to use the infringing portion of the RMIS item of Computer Equipment, Software or Third Party Software.

12.12 Design/Build Firm Notice of Infringement. Design/Build Firm shall immediately inform the Department in writing if any subcontractor, consultant, agent or supplier providing goods or services to the Department on Design/Build Firm’s behalf is a party to any actual or threatened litigation involving patent or copyright infringement, trademark violation, antitrust or other trade regulation or proprietary rights claim or is or may become subject to any injunction which may prohibit it from providing Computer Equipment, Software, or Third Party Software. The Department may reject any Computer Equipment, Software, or Third Party Software that is the subject to any such litigation or injunction if, in the Department’s judgment, use thereof would delay the implementation of the RMIS or be unlawful.

12.13 Information Management Policies and Procedures. Design/Build Firm

Personnel or any other performing any Maintenance Services related to the operation, management or maintenance of the RMIS or the Department Computer Network shall comply with the Department Data Security Policy, as amended. The Department Network Administrator shall be the person designated by the Chief Operating Officer to interpret information policies and procedures, including determining what software is acceptable to be installed on the RMIS. SECTION 13. SYSTEM SAFETY AND SECURITY.

13.1 General Obligations. In performing the Maintenance Services, Design/Build Firm shall at all times conduct its operations in a safe manner. Design/Build Firm shall, at its own expense, promptly take all precautions which are reasonable or necessary to safeguard against risks, and shall make regular safety and security inspections of Service Property and Support Property, consistent with the System Safety Program detailed herein, and shall keep records of all such inspections.

13.2 System Safety Program.

(a) Design/Build Firm shall establish a Department accepted System Safety Program Plan including Roadway Worker Safety based on appropriate FRA, FTA, FPSC, APTA and Department regulations, standards and guidelines, which will identify, eliminate, minimize, and control safety hazards and their attendant risks. Such plan shall meet all applicable federal and other legal requirements and regulations, and must be provided to the Department no less


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than sixty (60) Calendar days before the Maintenance Commencement Date. The Chief Operating Officer shall, in consultation with the Department review such plan, and shall either accept the plan or shall, within thirty (30) Calendar days, direct Design/Build Firm to revise such plan. Design/Build Firm shall revise such plan accordingly within thirty (30) Calendar days of receipt of such revisions from the Department.

(b) To implement such System Safety Program, Design/Build Firm shall establish appropriate policies and procedures, lines of authority, levels of responsibility and accountability, and methods of documentation. Upon request by the Department, Design/Build Firm shall cooperate with any audit of Design/Build Firm’s System Safety Program Plan conducted by the Department or a Third Party acting on behalf of the Department.

(c) Design/Build Firm’s Safety and Training Manager shall attend quarterly meetings, and other meetings as directed by the Department and the Chief Operating Officer to discuss recent safety-related incidents and concerns, and Design/Build Firm’s compliance with the System Safety Program. In the event that Design/Build Firm becomes aware of an unsafe, non-secure, or potentially unsafe or non-secure condition on the Service Property, or otherwise related to the Maintenance Services, Design/Build Firm shall immediately take all actions required to cure such condition, notwithstanding any other provision of this Maintenance of Way Requirements that requires or permits notice or any other interim measure.

13.3 System Security Plan. Design/Build Firm shall provide to the Department a System Security Plan that shall be updated annually by August 30th of each Contract Year and shall detail Design/Build Firm’s security policies, procedures and programs. The System Security Plan shall provide for, without limitation, an identification badge system for Design/Build Firm employees; a vehicle control system for Design/Build Firm employee vehicles on the Service Property; and a plan for restricting access to facilities. The initial plan shall meet all applicable federal and other legal requirements, regulations, and standards, and must be provided to the Department not less than ninety (90) Calendar days before the Maintenance Commencement Date. The Chief Operating Officer shall, in consultation with the review such System Security Plan, and shall either approve the plan or shall, within thirty (30) Calendar days, direct Design/Build Firm to revise such plan. Design/Build Firm shall revise such plan accordingly within thirty (30) Calendar days of receipt of such revisions from the Department.

13.4 Emergency Preparedness Plan.

(a) Design/Build Firm shall provide to the Department a draft of its initial Emergency Preparedness Plan, which shall be consistent with FRA requirements for such plan, no later than thirty (30) a review such plan, and shall either approve the plan or shall, within thirty (30) Calendar days, direct Design/Build Firm to revise such plan. Design/Build Firm shall revise such plan accordingly within thirty (30) Calendar days of receipt of such revisions from the Department. Emergency Preparedness Plan shall include, but not limited to, protection of Service Property including work and materials; and directives for compliance with State of Florida Executive Orders.


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(b) Design/Build Firm shall provide to the Department drafts of any subsequent Emergency Preparedness Plans, as any subsequent amendments or proposed amendments to such plan, no less than forty-five (45) Calendar days before such plan or amendments are submitted to the FRA. The Chief Operating Officer shall, in consultation with the Department review such plan, and shall either approve the plan or shall, within thirty (30) Calendar days, direct Design/Build Firm to revise such plan. Design/Build Firm shall revise such plan accordingly within thirty (30) Calendar days of receipt of such revisions from the Department.

(c) Design/Build Firm shall cooperate and participate in two (2) Department

mock accident drills each Contract Year, at times to be determined by the Department.

13.5 Emergency Response Plan. Design/Build Firm shall, at least thirty (30) Calendar days after Notice to Proceed Date, prepare and submit to the Department for acceptance an Emergency Response Plan to effectively address conditions resulting from major storms and other natural occurrences that could disrupt rail service. Design/Build Firm shall update the plan annually, and shall provide it to the Department for acceptance no later than August 30th of each Contract Year. The Emergency Response Plan shall detail the specific use and assignment of all resources available and Design/Build Firm shall provide additional resources as necessary.

13.6 Contingency Plan. At least sixty (60) Calendar days before the Maintenance Commencement Date, Design/Build Firm shall develop and provide to the Department for acceptance (through briefings or other appropriate means) a written contingency plan describing in detail measures to be taken by it to assure continued and uninterrupted performance of the Maintenance Services in the event of any strike or work stoppage engaged in by Design/Build Firm’s employees. Design/Build Firm shall update such plan annually, and submit to the Department for acceptance, no later than August 30th of each Contract Year.

13.7 Violations. Design/Build Firm shall be solely responsible for the discovery, determination and correction of any and all violations of the System Safety Program, System Security Plan or any other safety or security violation related to the Maintenance Services.

13.8 Employee Non-Compliance. The failure of any Design/Build Firm personnel to comply with the System Safety Program or System Security Plan, or to otherwise comply with applicable safety requirements, shall be considered reason for removal from the project. SECTION 14. TRANSITION PROCESS.

14.1 In General. The Department may be required to conduct a Request For Proposals (“RFP”) process prior to the termination or Final Acceptance to select a Firm with which Department will enter into a new services contract (“Successor O & M Firm”) to provide the Maintenance Services commencing upon the termination or Final Acceptance. The Department requires that prospective proposers for successor O&M be provided with the information necessary to prepare complete and competitive bids. The Design/Build Firm shall fully cooperate with the Department in the RFP process in accordance with this Section.


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14.2 Inspection of Service Property. Prospective Successor O & M Firm(s) shall have access to the Service Property and Support Property during the RFP process for the purposes of inspecting same so as to understand, without limitation, the operation, maintenance, repair and condition of the Service Property and Support Property. The Department shall schedule and conduct the site visits by the Successor O & M Firm(s) of the Service Property and Support Property after consulting with the Design/Build Firm. Design/Build Firm shall fully cooperate with the Department during such site visits and shall make available such personnel and records as the Department requests.

14.3 Successor O & M Firm Access. Design/Build Firm shall provide the Successor O & M Firm full and complete access to the Service Property in accordance with this Maintenance of Way Requirements. Such access shall commence prior to the termination or Final Acceptance in conjunction with the Successor O & M Firm’s mobilization period, and many include, without limitation, the Successor O & M Firm having one or more representatives on-site until the termination or Final Acceptance.

14.4 Turnover Requirements.

(a) Operation & Maintenance Records, Manuals, Information Systems

and Drawings. A minimum of six (6) months prior to the Final Acceptance, or, in the event of termination pursuant to general conditions within thirty (30) Calendar days of the Department’s notification to Design/Build Firm of its intent to terminate the Contract, Design/Build Firm shall provide to the Department a complete and accurate inventory of all categories of documents related to the Maintenance Services including but not limited to drawings, specifications, calculations, manuals, procedures, reports, databases.

(b) Support Inventory, Spare Parts and Consumables. Upon termination or Final Acceptance, Design/Build Firm shall remit to the Department all Support Inventory, spare parts, and consumables related to the Maintenance Services. The Support Inventory, spare parts and consumables shall be in a State of Good Repair. Prior to the termination or Final Acceptance of Work, Design/Build Firm shall move to Department-owned Service Property and store in a secure manner all Support Inventory, spare parts and consumables, if any, that are not located on the Service Property prior to the termination or Final Acceptance of Work. Design/Build Firm shall provide a list of repair and return items not located on Department owned Service Property. Upon termination or Final Acceptance, Design/Build Firm shall transfer possession of the Support Inventory to the Department in a State of Good Repair. Upon the termination or Final Acceptance of Work, Design/Build Firm shall return to the Department Support Inventory that is equivalent in type, value, and condition to the Support Inventory provided to Design/Build Firm by the Department under this Maintenance of Way Requirements, as adjusted by sales or acquisitions pursuant to the Maintenance of Way Requirements. Design/Build Firm shall pay to the Department the fair market value, as determined by the Department, of any Support Inventory not returned to the Department in accordance with this paragraph.

(c) Office Equipment and Supplies. Upon termination or Final Acceptance of Work, Design/Build Firm shall remove all office equipment and supplies from the Service Property used in performing the Maintenance Services.


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14.4 Contract Close-Out Requirements of Final Inspection/Review. The Department may conduct an inspection to determine the status of the requirements for close-out. Within thirty (30) Calendar days of such inspection, the Department shall deliver in writing to Design/Build Firm a list of items where deficiencies were found (“Punch List”). Design/Build Firm shall correct such deficiencies within thirty (30) Calendar days of receipt of the Punch List. The Department may exercise its rights under Design/Build Firm’s Performance Bond if it determines that Design/Build Firm has not complied with the provisions of this Section. SECTION 15. REPLACEMENT SERVICES.

15.1 General. If Design/Build Firm is excused from performing its obligations under this Maintenance of Way Requirements for any of the reasons listed, or in the event of any interruption of rail service resulting from a breach by Design/Build Firm of any of its obligations hereunder or any labor disputes involving Design/Build Firm Personnel, the Department may provide notice to Design/Build Firm of its intent to begin providing the Maintenance Services, and may provide those services itself with its own or other personnel without liability to Design/Build Firm (“Replacement Services”). The Department may utilize Replacement Services as a substitute for all or any part of the Maintenance Services that Design/Build Firm is prevented from performing by virtue of a force major event or fails or refuses to perform in breach of any provision of this Maintenance of Way Requirements, and may maintain such Replacement Services in effect until the Design/Build Firm is able to resume performance of the Maintenance Services in full compliance with this Maintenance of Way Requirements. In the event that Replacement Services are implemented due to a breach of this Maintenance of Way Requirements, Design/Build Firm shall be liable to the Department for the costs of such services. The Department shall notify Design/Build Firm in writing at least twenty-four (24) hours prior to implementing Replacement Services.

15.2 Coordination with Design/Build Firm. In the event the Department elects to provide Replacement Services, The Department shall take such steps as may be reasonably necessary in order to coordinate the activities of its subcontractors and in-house with the activities of the Design/Build Firm.

15.3 Pro Rata Reduction in Lump Sum Price. During the period in which the Department utilizes Replacement Services, Design/Build Firm shall be entitled to compensation only for Maintenance Services that it actually provides, and the Lump Sum Price for any month in which the Department utilizes Replacement Services shall be reduced on a pro rata basis to reflect that percentage of the total Maintenance Services performed as Replacement Services. The Department shall determine the pro rata share of Maintenance Services actually performed, and shall submit such determination to Design/Build Firm. In the event that Design/Build Firm disputes the Department’s determination, the Parties shall resolve such dispute according to the procedures of Department’s Dispute Resolution Process. SECTION 16. COORDINATION WITH OTHER RAIL CARRIERS.

Design/Build Firm agrees that it will comply and cooperate with all agreements between the Department and other rail carriers operating on the Service Property.


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SECTION 17. OTHER CONTRACTOR AND THIRD PARTY ACCESS.

17.1 Permit to Enter. The Department shall enter into a standard “permit to enter” agreement with any Other Contractor or Third Party to enter on the Service Property. No Other Contractor or Third Party shall be allowed to enter onto the Service Property without first executing such a permit to enter and without the Department or such Third Party notifying Design/Build Firm of the proposed activities of such Other Contractor or Third Party. The Department may, in entering into any such agreement with such Other Contractor or Third Party, place reasonable conditions or restrictions on Other Contractors or Third Parties that exceed the normal conditions and restrictions contained in the standard permit to enter. If the Department and Design/Build Firm are unable to agree upon a standard permit to enter, then the Department may allow Other Contractors or Third Parties access to the Service Property upon such terms and conditions as the Department may establish.

17.2 Government Authorities. Design/Build Firm shall grant access to the Service

Property, or Support Property to any duly authorized government authorities. Design/Build Firm shall immediately notify an appropriate Department official when any state or Federal inspector, law enforcement or emergency personnel enters the Service Property. In addition, Design/Build Firm shall provide the Department with copies of all reports furnished to Design/Build Firm by any regulatory agency concerning the Maintenance Services, within twenty-four (24) hours of Design/Build Firm’s receipt of such reports.

MAINTENANCE EXHIBIT 1

--

INITIAL STOCKING LEVEL

INVENTORY

Maintenance of Way Requirements Maintenance Exhibit 1 – Initial Stocking Level Inventory January 2008

Signal Maintenance Material Wayside Qty Vendor Description

4 GETS ASSY 7K PCB 4 GETS ASSY 7L 4 GETS ASSY 2L 4 GETS ASSY 214 PCB 4 GETS ASSY 215D 4 GETS ASSY 2R PCB 4 GETS ASSY 216DL 4 GETS ASSY 230 PROCESSOR MODULE 4 GETS ASSY 9L 4 GETS CHASSIS ASSY EC4R W/9H & 211 J 2 GETS VHLC +5 VDC Power Supply Moduly 2 GETS VHLC VLP Module 2 GETS VHLC ACP-3 Module 2 GETS VHLC SSM Module 4 GETS VHLC VSD Module 4 GETS VHLC VGPIO Module 2 GETS VHLC CCI Module 2 GETS VHLC RS-232 Interface Module 2 GETS VHLC CLA Module

4 US&S 4 ohm Track Relay 4 US&S 670 ohm Line Relay DN12 4 US&S Power Transfer Relay 4 US&S Biased Neutral Relay 4 US&S Biased Neutral Relay -HD

10 US&S Relay Code Following 10 US&S Relay Code Transmitter 75 10 US&S Relay Code Transmitter 120 10 US&S Relay Code Transmitter 180 10 US&S H-2 Signal Mechanism

5 US&S U-5 Switch Circuit Controller 1 US&S M23A Switch Machine RH 24 Volt 1 US&S M23A Switch machine LH 24 Volt 2 G&B Power Switch Layout 2 US&S Electric Lock - SL 2 US&S T-10 Handthrow Switch Mechanism

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2 GETS Hot Journal Detector 1 GETS Dragging Equipment Detector

Signal Maintenance Material Crossing Qty Vendor Description

2 Safetran GCP3000 4 Safetran Island Module 4 Safetran Transceiver Module 4 Safetran Relay Drive Module 4 Safetran Processor Module 4 Safetran DAX Module 4 Safetran Control Interface Module 4 Safetran Data Recordr Module 2 GETS PMD-3 Assembly 4 GETS CPU module 4 GETS Random Signature Island Module 4 GETS Relay Drive Module 4 GETS MDSA-1

15 GETS NBS-1 (Various Frequencies) 10 GETS TJC (Various Frequencies) 4 Safetran 12" Flashing Light Assembly 4 General Signals Electronic Bell Assembly 4 Safetran S-40 Gate Mechanism 4 Safetran Mast w/ Jct Box Base 4 No. of Track Sign (2 Tracks) 4 Railroad Crossing Sign

40 NEG Gate Arm 36' Extending 40 NEG Gate Arm Lamp Kits 200 10V/25W bulb for signals

2000 Cable, 2 Cond. #6 AWG, TW 1000 Cable, 5 Cond. #6 AWG 1000 Cable, 7 Cond. #14 AWG 1000 Case Wire, #16 AWG 1000 Case Wire, #10 AWG 2000 #6 AWG Stranded Bondstrand

6 NRS ERBC 12/20 Rectifier 6 NRS ERBC 12/40Rectifier

24 GNB Battery, GNB 50A11 265 AH 50 Safetran HD Equalizer 200 Safetran HD Lightning Arrestor

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200 Safetran Lightning Arrestor 8 Alstom PSO Transmitter 8 Alstom PSO Receiver

Track Maintenance Materials

Item Size Weight Quantity

Frog, RBM c/w plates and guardrails #8 132#RE 1

Frog, RBM c/w plates and guardrails #10 115#RE 2

Frog, RBM c/w plates and guardrails #10 132#RE 2 Frog, RBM c/w plates and guardrails #15 132#RE 1 Frog, RBM c/w plates and guardrails #16 115#RE 2 Frog, RBM c/w plates and guardrails #16 132#RE 2 Frog, RBM c/w plates and guardrails #20 115#RE 2 Switch point, pair (LH & RH) c/w plates & rods 16’–6” 115#RE 1 pair Switch point, pair (LH & RH) c/w plates & rods 16’-6” 132#RE 2 pairs Switch point LH curved c/w plates & rods 26’-0” 132#RE 1 Switch point RH straight c/w plates 26’-0” 132#RE 1 Switch point, pair (LH & RH) c/w plates & rods 30’-0” 115#RE 2 pairs Switch point, pair (LH & RH) c/w plates & rods 30’-0” 132#RE 2 pairs Switch point, pair (LH & RH) c/w plates & rods 39’-0” 115#RE 1 pair Hand throw switch stands 3 Connecting rods 6 Eye Bolts 6 Switch ties, treated hardwood, 9”x7”, complete set #20 N/A 1 set Headblock ties, treated hardwood, for power switch machine

9”x7”x12’-0”

4

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MAINTENANCE EXHIBIT 2 --

MAINTENANCE-OF-WAY SCOPE OF SERVICES

Maintenance-of-Way Scope of Services Exhibit 2 January 2008

TABLE OF CONTENTS

1.1 Overview/Description 1

2 MAINTENANCE MOBILIZATION 2

2.1 General 2

2.2 Facilities and Equipment 2

2.3 Initial Audit 2

2.4 Signal and Switch Locks 2

2.5 Mobilization Services 3

2.6 CSXT Orientation Services 3

2.7 Maintenance of Way Supervisors 4

3 GENERAL PROVISIONS 4

3.1 Administration 4

3.2 Maintenance of Way Services Plan 6

3.3 Materials Management 6

3.4 Warranty Provisions 7

3.5 Emergencies and Service Disruptions 7

3.6 Flag Protection and Track Outages 8

4 PERFORMANCE AND MAINTENANCE OF WAY SERVICES STANDARDS 9

4.1 Performance Standard 9

4.2 Maintenance of Way Services Standards 9

5 RESPONSIBILITIES 10

5.1 General 10

5.2 Track 11

5.3 Structures 17

5.4 Signals And Communications 22

5.5 Electrical 28

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Maintenance-of-Way Scope of Services Exhibit 2 January 2008 5.6 Environmental Services 31

5.7 Other Maintenance of Way Services 34

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INTRODUCTION

1.1 Overview/Description (a) Design/Build Firm shall inspect, service, repair, and maintain the Service Property

and Support Inventory owned and controlled by the Department and included in this Maintenance of Way Requirements in accordance with the procedures and standards set forth in this Maintenance of Way Requirements. The Scope of Services described in this exhibit are included in the Lump Sum Price unless noted otherwise.

(b) The Department’s Service Property and Support Inventory has rail service that operates every day of each year. Design/Build Firm must understand the operating environment of the rail service. This operating environment includes:

All weather conditions,

Highway and transit interfaces,

Derailments and accidents,

Vandalism, trespassing, and other crimes,

Operations among other railroad traffic, including Amtrak and freight carriers, and

Regulatory requirements and standards of the Federal Railroad Administration, Federal Transit Administration, APTA, FPSC, Department, U.S. Coast Guard, and state and local authorities.

(c) In the performance of the Maintenance Services, Design/Build Firm shall maintain the infrastructure assets of the Department, and shall not defer maintenance of these assets so as to reduce Design/Build Firm’s costs, or for any other reason. These assets include the Service Property and Support Inventory assets themselves; the inventories of material and spares; the intellectual and engineering property; the control of the assets’ configuration; and the information required for a safe, quality, and economical rail service. In addition to the foregoing activities, the Department may require extra work activities. Extra Work activities are those that are not included in the Lump Sum Price for the Maintenance Services.

(d) Design/Build Firm shall maintain the condition and availability of the Service Property and Support Inventory for the operation of the Department’s trackage. This effort will require that Design/Build Firm cooperate with Other Contractors; cooperate with the Department’s efforts to procure, renew, and dispose of Service Property and Support Inventory; and cooperate with various public agencies and communities.

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(e) All of the services set forth in this Maintenance-of-Way Scope of Services are part of the Maintenance Services and shall be performed by Design/Build Firm as part of the Lump Sum Price unless specifically noted otherwise in this Maintenance-of-Way Scope of Services.

2 MAINTENANCE MOBILIZATION

2.1 General After receiving Notice to Proceed and before commencement of Maintenance, the Design/Build Firm shall perform Maintenance Mobilization in preparation for performing Maintenance Services.

2.2 Facilities and Equipment

The Design/Build Firm shall provide its own office space for use in performance of Maintenance Services, including procurement of all equipment, vehicles, furniture and office equipment necessary to perform maintenance services. Design/Build Firm shall provide all office and mobile phone lines, internet access, and security, and shall provide to the Department a complete telephone list the Design/Build Firm.

2.3 Initial Audit

The Department and Design/Build Firm shall conduct an Initial Joint Audit to perform a Condition Assessment of Service Property and Support Inventory. The Design/Build Firm shall provide security services for its Facilities.

2.4 Signal and Switch Locks

The Design/Build Firm shall contact a switch and signal lock manufacturer and establish a key and lock pattern for signal locks and a separate key and lock pattern for switch locks. The patterns selected shall be obtained and registered in the name of the Department. Information on procedure and pattern numbers to order replacement keys and locks shall be forwarded to the Chief Operating Officer. The key and lock shall be Adams & Westlake (also known as Adlake) Model 48D or Department approved equal. The Design/Build Firm shall procure the quantity and type of locks required to secure each existing switch lock and each existing signal housing on the Service Property, plus fifty (50) spare signal locks and fifty (50) spare switch locks to be put in the Support Inventory. The Design/Build Firm shall procure five hundred (500) switch lock keys and two hundred (200) signal lock keys. The Design/Build Firm shall keep a record of who and when keys were signed out and returned. Spare locks and keys shall be kept in a secure location to prevent theft. Locks and keys shall be procured 30 days prior to the Maintenance Commencement Date. The Design/Build Firm shall develop a list of keyholders for the Department's approval. Keyholders shall include Design/Build Firm

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Personnel, railroads with Operating Agreements, and Department officials. Keys shall be distributed prior to the Maintenance Commencement Date to approved keyholders. The Design/Build Firm shall coordinate for the Department the installation of new locks in accordance with the Transition Agreement.

2.5 Mobilization Services a. General Maintenance Mobilization Services shall include, without limitation, all preparation for the commencement of Maintenance Services, including taking all steps necessary to establish a seamless transition; preparing all operational plans required by the Department; developing or procuring, and implementing the RMIS; hiring and training Design/Build Firm Personnel; developing procedures and internal guidelines; and obtaining Support Property and facilities, including initial Stocking Levels Inventory shown in Exhibit 1.

b. Mobilization Services Plan Not more than fifteen (15) days after the Notice to Proceed Date, Design/Build Firm shall submit to the Department a Mobilization Services Plan. The Mobilization Services Plan shall identify all Mobilization Services to be performed by Design/Build Firm prior to the Maintenance Commencement Date, and shall include a detailed schedule identifying the progress and sequence for completing all tasks detailed within the plan. The Mobilization Services Plan shall include a schedule of submittals that are required by Maintenance of Way Scope of Services. The plan shall also include an organizational chart, which shall list the individuals filling the positions listed.

2.6 CSXT Orientation Services Operating Rules Training

CSXT shall provide orientation on Operating Rules to Design/Build Firm’s Trainers and Examiners in accordance with the Orientation Services Agreement in the Transition Agreement attached to the RFP. Training under the Orientation Agreement shall take place at locations mutually agreeable to CSXT and the Department in both an office environment and in the field on the Service Property. The purpose of this training is to provide the Design/Build Firm’s Trainers and Examiners with the basis for them to teach the CSXT Operating Rules to the Design/Build Firm’s staff, not to provide training to Design/Build Firm workers. (In other words, it is Train the Trainer training, not operating rules training for workers.) The Design/Build Firm shall abide by the terms of the license agreement between Department and CSXT for the Training Material including but not limited to print-based materials, job aids, on-line test tools and computer-based training. The Design/Build Firm shall provide a classroom like setting for the training and transportation to field portions of training if required. The maximum number of students for each class is sixteen (16) students. Orientation will include up to four (4) weeks classroom instruction and up to two (2) weeks field/hands-on work. In addition to the instructor, CSXT shall provide the print-based materials, and job aids, use of on-line test tools and computer-based training. The Design/Build Firm shall be responsible for

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reproduction and distribution of training material to staff it trains. The Design/Build Firm shall receive one (1) set of classes for up to sixteen (16) students without cost. Additional classes requested by the Design/Build Firm will be at the Design/Build Firm expense.

2.7 Maintenance of Way Supervisors

CSXT shall make available the supervisory (non-represented) employees identified below for consultation and familiarization for up to five (5) mutually agreeable work days within the first sixty (60) days after the Maintenance Commencement Date for the Design/Build Firm personnel. Such CSXT supervisory personnel shall continue to work their normal work assignment times during this period. The Design/Build Firm shall receive five (5) work days for each of the employees identified below without cost. Additional work days requested by the Design/Build Firm will be at the Design/Build Firm expense. The CSXT supervisory personnel to be made available are:

• CSXT Roadmaster presently responsible for the majority of the Service Property trackage limits,

• CSXT Signal Manager responsible for the majority of the signals and interlockings within the limits of Service Property,

• CSXT Bridges Manager responsible for managing the inspection and maintenance of the bridges and culvert structures within Service Property, and

• CSXT Communications Manager responsible for the majority of the radio installations and communications within the limits of Service Property.

3 GENERAL PROVISIONS

3.1 Administration a. Design/Build Firm shall perform and oversee its Maintenance of Way

Services as defined by this Maintenance of Way Requirements, from the Design/Build Firm’s Maintenance of Way Office. The Maintenance of Way Office shall be located within 5 miles of the right-of-way.

b. The Maintenance of Way Manager responsible for Maintenance of Way Services along with other staff and technical managers shall have offices located in the Maintenance of Way Office. The Maintenance of Way Manager shall be available for on-site meetings as required. The Maintenance of Way Manager or designated alternate shall be available 24 hours per day, 365 days per year. Any replacement must be approved, in writing, by the Department.

c. Design/Build Firm shall establish an office, material storage area, and equipment maintenance area for performance of Maintenance Services during

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term of Contract. Design/Build Firm shall not increase, decrease or delete the level of utility of any existing location without similar approval.

d. Design/Build Firm shall provide certain materials for the Chief Operating Officer, including: technical and reference books and materials, industry reference manuals and documents, any other equipment and materials as may be required by the Department to verify compliance with, and oversee, the Maintenance Services. Updates shall be provided to the Department so that the Department materials are up-to-date at all times.

e. Design/Build Firm shall maintain all records necessary to provide and support Maintenance Services. Design/Build Firm reporting and record keeping requirements are included in the Maintenance of Way Requirements and Exhibit 7, Reports and Deliverables.

f. Design/Build Firm shall enter historical maintenance data into the required Management Information Systems and control system(s) detailed in Exhibit 4 of this Maintenance of Way Requirements. Design/Build Firm shall enter five (5) years of historical maintenance data to the extent it is available electronically. Where additional historical data is required for scheduling of tests, inspections, and maintenance activities, such as rail and tie maintenance, data entry from manual records is required. All required tests, inspections, and preventive maintenance activities shall be scheduled from the historical last-occurrence date if available or based on the State of Good Repair for each Service Property and Support Property item.

g. Design/Build Firm shall establish computerized work orders and shall establish the method of responding to them in terms of a prioritized ranking system. Rankings shall be established for Service Property assets based on its importance to providing safe transportation services.

h. Design/Build Firm shall maintain a single telephone number to contact the Maintenance Supervisor should an emergency arise (24 hour per day, 7 day per week, 365 day per year). Design/Build Firm shall have a maintenance supervisor on call whenever Maintenance of Way Office is unoccupied. The on-call maintenance supervisor should automatically receive emergency calls. Such supervisory personnel shall be (i) duly authorized to make decisions in the absence of senior Design/Build Firm management personnel, (ii) familiar with the physical characteristics of the Service Property, (iii) sufficiently qualified. Design/Build Firm shall enter all communication regarding trouble calls, equipment failures, alarms, or any unusual occurrence into the appropriate Management Information System or control system. Design/Build Firm shall document all responses to calls for assistance in the appropriate Management Information System or control system, and Design/Build Firm shall conduct follow-up investigations to determine the root cause for any equipment failures.

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3.2 Maintenance of Way Services Plan a. Design/Build Firm shall establish, prepare, and implement a five-year

Maintenance of Way Services Plan. This Plan shall include a number of component plans and programs relating to functional areas of the Maintenance Services. Design/Build Firm shall submit Maintenance of Way Services Plan to the Department together for review and approval within sixty (60) days of the Notice to Proceed. Thereafter, Design/Build Firm shall submit this plan by August 30th of each Maintenance Agreement Year, The Maintenance of Way Services Plan shall identify the inspection and maintenance activities to be undertaken by Design/Build Firm, Maintenance Performance Standards, frequencies of tasks, staffing plan, specific schedules for accomplishing such work, and proposed work windows or service diversions.

b. The Maintenance of Way Services Plan shall include, but not be limited to, the following components:

(1) Recommended Capital Improvement Plan

(2) Rail Maintenance Program

(3) Tie Maintenance Program

(4) Special Trackwork Maintenance Program

(5) Ballast and Roadbed Maintenance Program

(6) Right of Way Maintenance Program

(7) Grade Crossing Improvement Plan

(8) Drainage Maintenance Program

(9) Fencing Maintenance Program

(10) Building and Facility Maintenance Program

(11) Switch Machine Maintenance Program

(12) Bridge Inspection and Maintenance Program

(13) Maintenance of Way Service Standards

3.3 Materials Management a. Design/Build Firm shall provide all materials management services necessary

for the performance of the Maintenance Services.

b. Storage – The Design/Build Firm shall store material in secured locations.

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3.4 Warranty Provisions Design/Build Firm shall not jeopardize any warranty covering any portion of Department Service Property or Support Inventory. Design/Build Firm shall comply with the terms and conditions of any manufacturer’s maintenance and service schedules, except as otherwise modified by industry standards or otherwise explicitly directed in writing by the Department.

Design/Build Firm shall make all repairs to Service Property using the standards and practices described in the Maintenance of Way Services Standards as minimum standards. In the event that Design/Build Firm is found to be in violation with the procedures and practices described in the Maintenance of Way Services Standards, Design/Build Firm shall rectify the incorrect work at no additional cost to the Department.

Design/Build Firm shall aggressively administer warranties owned by the Department. Design/Build Firm shall conduct inspections, troubleshooting, and repair work in a manner to reveal circumstances where the Department’s warranties apply. Such work shall be part of Lump Sum Price and shall not be considered Extra Work.

Design/Build Firm shall obtain all material and parts for warranty repairs from suppliers without cost to the Department. Where the warranty covers only material and parts, and not labor, Design/Build Firm shall only be reimbursed for direct and unavoidable labor costs.

Design/Build Firm shall prepare and maintain the data necessary to advance claims, and meet locally with vendors or contractors as the Department requests. Design/Build Firm shall use the Maintenance of Way MIS, and the Materials MIS to prepare and maintain data and claims.

3.5 Emergencies and Service Disruptions a. Design/Build Firm shall assure the readiness of and maintain standby power

and back-up telephone systems for emergency use at the Design/Build Firm’s Maintenance of Way Office.

b. Upon the occurrence of an Emergency which causes serious damage to Service Property or Support Property or obstructs railroad operations, Design/Build Firm shall immediately notify the Department following the Incident Management and Notification Procedures provided in the Incident Management Scope of Services, Exhibit 3.

c. Design/Build Firm management employees authorized to conduct all phases of the operation shall be available to the Department without interruption during storm events and Emergencies. At a minimum these Design/Build Firm management employees shall include senior managers with oversight of track, signals, communications, materials, and bridges.

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d. Design/Build Firm shall respond to Emergencies and Service Disruptions with sufficient resources without regard for time, day or otherwise, to resolve all such situations. Overtime, night, weekend and holiday work is expected and shall not be restricted for monetary reasons.

e. The Design/Build Firm shall, wherever possible with a site responder on site, respond to emergencies and incidents within 30 minutes of initial notification. In all cases they shall initiate actions to restore service within 30 minutes. Where Design/Build Firm does not provide 24-hour on-duty coverage in any functional area, Design/Build Firm shall provide key Design/Build Firm Personnel with the appropriate vehicles, equipment, tools and materials in order to respond directly to a service problem or interruption at all times, from locations including their primary residence. Design/Build Firm shall provide a list of key employees, assigned vehicles, and the reason for their inclusion on this list.

3.6 Flag Protection and Track Outages a. Design/Build Firm shall provide all flagging for all contract work at

Design/Build Firm’s expense as part of the Lump Sum Price. Design/Build Firm shall also provide flagging services for work performed by Other Contractors engaged by the Department at the request of the Department or such Other Contractor. Design/Build Firm shall also provide flagging services for work performed by Third Parties. Design/Build Firm shall be compensated by Third Parties or Other Contractors for other flagging for Third Parties or Other Contractors, based on the hourly rate submitted by the Design/Build Firm.

b. Design/Build Firm shall perform all maintenance work in a manner that does not delay or cause disruption to Rail Service whenever possible. Track outages for maintenance and construction work will only be allowed under the terms of the Transition Agreement and CFOMA. Track outages shall be requested by Design/Build Firm in writing to the Department at least 60 days in advance of the date needed and in accordance with any notification requirements in the Operating Agreements with other railroads. The track outage request shall identify any alternative transportation requirements, and shall be submitted following the requirements. Design/Build Firm shall explore all available alternatives to the outages and shall provide the reasons that such alternatives are not viable. Track outages exceeding the agreed upon time windows for the end of the outage are subject to delay penalties. In the case a track outage is required to respond to an Emergency, Design/Build Firm may commence such work immediately, and shall provide notification to the Chief Operating Officer as soon as practicable. The inability of the Department to provide requested track outages shall not reduce Design/Build Firm's obligations. Design/Build Firm shall provide a weekly report of scheduled track outages to the Department.

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Maintenance-of-Way Scope of Services Exhibit 2 January 2008 4 PERFORMANCE AND MAINTENANCE OF WAY SERVICES STANDARDS

4.1 Performance Standard All activities undertaken in the performance of the Maintenance Services shall further the Department's stated goal of FRA Class IV track. The Department reserves the right to establish Maximum Authorized Speeds for specific track segments, based on the maintenance class of track. Design/Build Firm shall maintain the performance level of the Service Property to at least allow transportation services to be provided at speeds no less than the Maximum Authorized Speeds in existence on the Maintenance Commencement Date, or higher, as Maximum Authorized Speeds are increased during the term of the Contract.

4.2 Maintenance of Way Services Standards a. Design/Build Firm shall develop Maintenance of Way Service Standards and

Procedures for the performance of inspection, maintenance, repair, replacement, and construction work pursuant to this Maintenance of Way Requirements. These maintenance standards and procedures must be in compliance with all laws and regulations, including all those specific to the railroad industry. They must at a minimum meet the FRA Track Safety Standards and in general, follow the AREMA Guidelines. The Design/Build Firm shall submit the Maintenance of Way Service Standards to the Department for approval 60 days following Notice to Proceed.

b. Inspection and test cycles shall be tied to FRA regulations or Department standards. Inspection and test dates shall be scheduled from the last inspection date. Additional testing may be required, as specified in this Maintenance of Way Requirements, prior to the regulated test date.

c. Design/Build Firm shall provide inspection and maintenance service for all aspects of the Service Property in order to maintain the Service Property in a condition equal to or greater than minimum maintenance standards for that class of track. If a temporary speed restriction is imposed for any reason, Design/Build Firm shall submit to the Department a schedule to be approved by the Department for performing the work necessary to remove each such temporary speed restriction. Design/Build Firm shall perform the work in accordance with the approved schedule. The failure of Design/Build Firm to complete the work and remove any such temporary speed restriction by the last day of the approved schedule or within the approved time window on any given day during the approved schedule will result in a penalty. Designation of a speed restriction as permanent requires prior Department approval.

d. Maintenance of all Service Property and Support Property shall be Design/Build Firm's responsibility. The entire Service Property shall be kept clean and all Service Property and Support Property shall be maintained in a State of Good Repair. Design/Build Firm shall maintain any new or

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reconstructed assets that are added or modified after the Maintenance Commencement Date to the level at which Design/Build Firm received such property.

e. Levels of maintenance to the Service Property shall be performed per any manufacturer's recommendations and instructions to the extent that they exist or as otherwise directed herein.

f. All Service Property, Support Property, and associated systems shall be maintained by Design/Build Firm in accordance with all applicable local, state, and federal codes, laws and regulations. Maintenance of the Department's Service Property also shall be sensitive to the historical nature of the Service Property.

5 RESPONSIBILITIES

5.1 General a. Design/Build Firm shall provide cleaning including without limitation rubbish

removal, sand removal, and vandalism-related repairs.

b. Department does not allow dumping or stockpiling of debris and spoils on its property. Design/Build Firm shall secure and use legal disposal locations to ensure the Service Property is kept clean. Design/Build Firm shall remove all trash and debris immediately, and in no event longer than twenty-four (24) hours after discovering same or receiving notice from the Department of the existence of same. In the event that Design/Build Firm fails to remove such trash or debris following written notice by the Department of the continued existence of the condition, the Department shall have the right to take corrective measures at the Design/Build Firm’s expense.

c. Graffiti shall be removed expeditiously, and in no event longer than twenty-four (24) hours after receipt of a report of graffiti at any location on the Service Property. The removal of graffiti shall be prioritized by the Department but in every case graffiti containing ethnic, racial, obscene or otherwise offensive content shall be removed immediately upon notification or discovery. In stations or highly visible locations, graffiti can be temporarily covered until the entire surface can be repainted as weather permits.

d. Design/Build Firm shall maintain all HVAC systems and purchase heating fuels and other utilities at all of the Design/Build Firm’s storage areas and trailers. Cost shall be included in the Annual Fixed Fee.

e. All Department supplied sites used by Design/Build Firm shall be kept clean and maintained, or repaired so as to be kept in a State of Good Repair.

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f. All driveways, roadways and access ways shall be kept clean and maintained in a State of Good Repair.

g. Oil, engine coolant and any other waste or hazardous material drainings shall be captured, labeled and disposed of by Design/Build Firm in accordance with environmental regulations.

5.2 Track

5.2.1 Inspection. (a) At a minimum, Design/Build Firm shall perform the following

inspections in accordance with the following schedules:

1. FRA mandated track and right of way inspections at the required frequency.

2. Supervisory track and right of way inspections shall be performed monthly.

3. System-wide Service Property inspections by Design/Build Firm management by train shall be performed once every week.

4. Track geometry car inspection shall be performed once every six months.

5. Grade crossing inspections shall be performed annually.

6. Special inspection of track and right of way during and immediately after severe weather conditions.

7. Walking turnout inspection shall be performed monthly.

8. Switch inspections shall be performed monthly with representatives of both track and signal Departments, commonly referred to as joint switch inspections.

(b) The results of all inspections shall be recorded on the prescribed form, including digital photographs as appropriate, and signed by inspector(s) and submitted to the appropriate agency(s) with a summary report of all inspections submitted monthly to the Department. The Maintenance of Way MIS shall be updated to reflect the fact that the inspections occurred and detail any conditions found during the inspections.

5.2.2 Rail a) Design/Build Firm shall test running rail for internal defects once

annually on main track, passing sidings, and any track used in

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passenger revenue service with continuous welded rail (CWR), rail in accordance with FRA part 213.

b) Design/Build Firm shall test running rail for internal defects twice annually on mainline, passing sidings, and any track used in passenger revenue service with jointed rail in accordance with FRA Part 213.

c) Design/Build Firm shall test all replacement rail for internal defects before installation.

d) Additional tests shall be performed if, in either the opinion of Department or Design/Build Firm or a regulatory agency having competent jurisdiction, conditions warrant additional testing.

e) All internal defects shall be addressed in accordance with FRA and CSX Engineering Standards requirements, but in no case shall a temporary repair to an internal defect be allowed to remain in track longer than ten (10) days.

f) Design/Build Firm shall develop an Optimized Rail Head Profile for Curves and Tangents; and recommended commuter rail car wheel profile that compliments the proposed rail head profile within the first nine months of the Maintenance Commencement Date. The Profile shall consider anticipated freight and commuter rail traffic. Development shall include an analysis of the existing rail using a geometry car with optical rail profile device. Profiles shall be designed to reduce the need for premature replacement of the rail or where otherwise required to mitigate hazardous conditions that may jeopardize the safety of train operations. Developing the Optimized Rail Head Profile for Curves and Tangents shall be included in the Lump Sum Price.

g) The Design/Build Firm shall develop a Rail Maintenance Program which will address rail maintenance activities including but not limited to Corrective Rail Profile Grinding, Preventative Rail Profile Grinding, Rail Transposition, Rail Slotting, Rail Surface Welding Repair, Rail Joint Elimination and Rail Cascading. Program shall consider anticipated freight and commuter rail traffic. The Rail Maintenance Program shall indicate the approximate location and schedule of the work and shall be submitted to the Department for approval as part of the annual Maintenance of Way Services Plan. Design/Build Firm shall avoid performing rail grinding during times of high fire risk to adjacent vegetation. Developing the Rail Maintenance Program shall be included in the Lump Sum Price. The allowance for Rail Grinding shall be $100,000 per Maintenance Agreement Year. In lieu of rail

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grinding, the Design/Build Firm may propose limited rail replacement up to $100,000 per Maintenance Agreement Year. Rail maintenance activities including but not limited to Rail Transposition, Rail Joint Elimination, and Rail Cascading shall be paid by Change Order if submitted as part of the Rail Maintenance Program and approved by Department. Other rail maintenance activities including but not limited to, Rail Slotting, Rail Surface Welding Repair shall be included in the Lump Sum Price.

h) Design/Build Firm shall purchase, weld, and position one (1) track mile of CWR in the first six months of each Maintenance Agreement Year and shall install such CWR each Maintenance Agreement Year. A Rail Replacement Plan indicating the approximate location of the new rail shall be developed by Design/Build Firm and submitted to the Department for approval as part of the annual Maintenance of Way Services Plan. Replacement rails shall be kept neatly stacked in accordance with AREMA recommendations. Replacement rails shall only be stacked at Department approved locations.

i) Design/Build Firm shall provide inspection and maintenance services for all aspects of the rail in order to maintain the Service Property in a State of Good Repair.

5.2.3 Ties And Timber a) All crossties shall be renewed as required for the designated

maintenance class. A minimum of ten thousand (10,000) new crossties shall be installed each Maintenance Agreement Year. The Design/Build Firm shall submit a tie program in the first 3 months of each Maintenance Agreement Year, indicating the approximate location of the new ties. The plan shall be submitted to the Department for approval as part of the annual Maintenance of Way Services Plan.

b) Upon initiation of tie program work, Design/Build Firm shall work continuously without interruption until the tie program work is complete

c) Design/Build Firm shall purchase and install an additional two hundred fifty (250) ties per Maintenance Agreement Year as directed by the Department for spot replacement due to track conditions.

d) Design/Build Firm shall not use White Oak timber ties.

e) Tie replacement incidental to other work including but not limited to grade crossing replacement, switch panel replacement, joint ties

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on side tracks to the property line, and wreck repair shall be included in the Lump Sum Price and are in addition to the tie program and the spot replacement ties.

f) Design/Build Firm shall perform all tie replacement in conformance with AREMA recommendations and track buckling procedures in the Maintenance of Way Services Standards.

g) Turnout Ties shall be changed as required to maintain the Service Property in a State of Good Repair. A minimum of 15 mfbm (thousand board feet) of turnout ties shall be replaced each Maintenance Agreement Year.

h) Bridge ties and timber shall be changed as required to maintain the Service Property in a State of Good Repair.

i) Ties shall be replaced with ties made from the same type of material as that removed and meeting current standards unless otherwise approved by the Department.

j) Design/Build Firm shall be responsible to purchase, deliver, and install all ties and timbers.

k) Within thirty (30) days of removal, Design/Build Firm shall sort all removed ties and timbers, separating ties to be reused on the Service Property from ties for disposal.

l) Within sixty (60) days of removal, Design/Build Firm shall stack and stockpile neatly ties to be reused on the Service Property. Within sixty (60) days of removal, Design/Build Firm must dispose of all remaining ties through a properly certified and licensed Hazardous Materials Disposal Contractor, pursuant to all applicable laws and regulations. Ties must be disposed of off Department property at no additional cost to Department. Wooden ties and timber shall be disposed of via incineration; concrete ties shall be disposed of via crushing and proper disposal in an approved landfill. Ties fit for reuse off the Service Property may be sold by a properly certified and licensed Hazardous Materials Disposal Contractor, pursuant to all applicable laws and regulations. The Design/Build Firm shall submit a record disposal or sale of ties to the Department, including disposal certification documents.

m) Design/Build Firm shall provide inspection, maintenance, and replacement services for all ties and timbers in order to maintain the Service Property in a State of Good Repair.

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5.2.4 Track Structure a) Gauge rods are prohibited. Any exception to the requirements in

this section shall be submitted to the Chief Operating Officer for prior written approval.

b) Discovery by Design/Build Firm of an improperly anchored track shall require the implementation of a temporary speed restriction and immediate notification of the condition to Department. Design/Build Firm shall perform corrective measures to anchor the track in accordance with the Maintenance of Way Services Standards.

c) Discovery by Design/Build Firm of any track not spiked or fastened to Maintenance of Way Service Standards shall require Design/Build Firm to bring the track up to all applicable standards within thirty (30) days.

d) All track surfacing and aligning shall be performed as frequently as necessary to meet maintenance class requirements and maintain speed conditions.

e) The temporary speed restrictions that are in existence on the Maintenance Commencement Date shall be removed as quickly as practical.

f) Tracks and turnouts shall always be resurfaced and realigned as part of any re-timbering work and included within the submitted work schedule.

g) Frogs, switch points and stock rails shall be kept ground in accordance with Rail Industry Standards as part of the required inspection and maintenance services.

h) All at-grade crossings shall be inspected and maintained in order to maintain the Service Property in a State of Good Repair. Crossings, including Automatic Highway Crossing Warning Systems (“AHCWS”) shall be maintained in a manner that is safe, convenient and compliant with all applicable uses, rules and regulations including FRA, USDOT MUTCD, and FPSC .

i) Design/Build Firm shall ensure that all components of the warning system are in place and functioning. Design/Build Firm shall notify Third Parties as necessary to remedy noted deficiencies.

j) Department may direct the Design/Build Firm to participate in the upgrade of grade crossings under the Department grade crossing replacement program. Design/Build Firm shall submit estimated

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costs for participation in program for approval. Costs associated with participation shall be paid under Extra Work.

k) Rail lubricators shall be maintained, repaired or replaced as necessary to lubricate curves of 4 degrees or greater. Lubricating materials shall be replenished on an as-needed basis.

l) At a minimum, inspection and maintenance of the turnouts, crossovers and sidings shall be performed in order to maintain the Service Property in a State of Good Repair.

m) All switch components and other track materials removed from track and deemed as reusable by mutual agreement of the Department and Design/Build Firm shall be repaired for reuse by Design/Build Firm and returned to the Support Inventory.

5.2.5 Rights Of Way a) Track drainage systems shall be fully and consistently maintained

to their design capacity.

b) Flooding on the right of way must be controlled by the use of drainage systems. The use of pumping to remove water from the right of way and track shall be performed as necessary.

c) Culverts used to pass water under tracks shall be maintained by Design/Build Firm for their entire length.

d) Drainage ditches shall be kept open and at proper design profiles (depth, grade and alignment). Design/Build Firm shall rehabilitate at least 800 lineal feet of drainage ditches per Maintenance Agreement Year in accordance with the design profiles. Design/Build Firm shall establish and provide an annual Drainage Ditch Rehabilitation Program to the Department for approval as part of the annual Maintenance of Way Services Plan.

e) Approaches to grade crossings shall be kept clear so that approaches to the crossing shall be visible from the train.

f) All rights of way shall be kept free and clear of debris and rubbish. Design/Build Firm shall immediately respond to Department reports of debris or rubbish on the right of way.

g) Railroad materials and equipment removed from service shall be removed from the right of way within thirty (30) days except where otherwise specified. Materials awaiting installation shall not be permitted to lie along the right of way for more than thirty (30) days, unless otherwise permitted or agreed to by the

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Department, with the exception of any material that is considered a safety hazard by the Department and which shall be immediately removed or repositioned upon discovery by Design/Build Firm or notification by the Department. Continuous welded rail strings longer than 200 feet awaiting installation are excepted with prior written approval from the Department.

h) Scrap rail and relay rail shall be removed from the rights of way within thirty (30) days of removal from the track.

i) Design/Build Firm shall report to the Police, and shall attempt to control, illegal dumping activities, trespassing, and unauthorized use of the Service Property. In addition, Design/Build Firm shall also participate with Department in programs to educate the public to the dangers of trespassing on the railroad rights of way.

j) Design/Build Firm shall apply herbicides to prevent weed growth from all track beds and other approved areas, to the extent that environmental regulations allow. All work shall be performed in accordance with applicable local, state and federal regulations as well as applicable Department environmental and health and safety policies.

k) Design/Build Firm shall maintain and install right of way signage pursuant to Department standards, and shall repair or replace damaged or missing signs.

l) Rights of way fences and fence gates shall be kept well maintained. Holes and gates shall be repaired as soon as the schedule will allow, but they shall always be repaired within ten (10) business days of discovery and/or notification by the Department. Holes discovered in known safety sensitive areas or upon notification by the Department shall be repaired immediately upon notification or discovery.

5.3 Structures

5.3.1 General a. Design/Build Firm shall inspect and maintain in a State of Good

Repair all facilities, drainage systems, culverts, overhead bridges, undergrade bridges, tunnels, and pedestrian structures that are part of the Service Property for which the Department has the maintenance responsibility.

b. Design/Build Firm shall perform structural inspections not less than once per Maintenance Agreement Year, and more frequently as required, on all structures that are part of the Service Property.

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c. All inspections shall be documented by Design/Build Firm and recorded in an electronic format that is compatible with the Maintenance of Way MIS. Bridge inspections shall include digital photographs. An annual report summarizing each structural inspection and findings regarding structural condition shall be provided to the Department.

d. Design/Build Firm shall perform preventive, routine and corrective maintenance measures on all structures owned or used by Department as identified in this Maintenance of Way Requirements.

e. Design/Build Firm shall maintain the Support Property and facilities required to perform Maintenance Services.

5.3.2 Maintenance Of Drainage Systems a. Any structure or system used intentionally or otherwise to direct

the flow of water shall be considered a drainage system.

b. Design/Build Firm shall maintain all drainage manholes, catch basins, clean-outs and other drainage structures and systems in a State of Good Repair.

c. All parking lot drainage and drainage systems shall be maintained by Design/Build Firm in a State of Good Repair.

d. Design/Build Firm shall keep all closed drainage systems clean and free of obstructions.

e. When Design/Build Firm replaces any drainage systems or portion thereof, it shall be designed and constructed based on an evaluation of the current drainage conditions and applicable regulatory requirements. At a minimum, the drainage system shall be designed to handle a fifty (50) year storm.

5.3.3 Structural Inspections And Preventive Maintenance for Bridges, Pedestrian Structures and Culverts

a. Design/Build Firm shall perform structural inspections and repairs on all aspects of Department owned structures and all structures for which Department has responsibility to ensure safe and proper operation. Design/Build Firm shall also perform structural inspections on all other bridges contained within the Service Property rights of way, including but not limited to all Department and private overhead bridges to ensure safety.

b. At a minimum, Design/Build Firm structural inspectors shall be responsible for the following:

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1. Bi-Annual inspection reports on safety and integrity, including recommendations for any necessary repairs (minor and major) as well as a summary of all maintenance activities that have occurred during the previous year.

2. Emergency inspections immediately after a railroad bridge has been struck or after noticeable defects are reported.

3. Special bridge inspections shall be conducted quarterly when warranted by bridge condition, on fracture-critical bridges, or at the direction of the Department.

4. Performance of underwater inspections of all structures (bridges, culverts, and the like) crossing over water where damage could occur and be hidden by the water. The underwater inspections shall be performed by a certified professional underwater inspector, with not more than five years from the previous inspection date.

5. Quarterly inspections of the moveable bridges, performed jointly with Signals and Communications, Structures, Track and Electrical personnel.

c. Protective screening under bridges and structures for pest and bird control and protective fencing along bridges shall be installed or replaced, and maintained by Design/Build Firm as may be necessary to function as intended. Additional screening shall be installed as directed by the Department to protect the general public.

5.3.4 Overhead And Undergrade Bridge Maintenance a. Design/Build Firm shall perform maintenance activities and Minor

Repairs on all Department owned bridges (overhead and undergrade). Design/Build Firm shall repair any and all "wear and tear" damage to the Service Property resulting from normal operations. Minor Repairs are defined as repairs performed on bridge or retaining structures or components of such structures in which the structural functionality and capacity will remain unchanged after the repair work is performed. Such work performed shall not require the use of Third Party contractors or experts, but shall not preclude their engagement if Design/Build Firm deems it cost effective or more expeditious. A Minor Repair shall be any repair that is not a Major Repair, including but not limited to: painting of structural steel members, railings, concrete surfaces; repairing spalls and minor cracks of concrete members; welding; installing temporary support measures such as pony trusses or cribbing; repairing or replacing protective fencing;

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cleaning bridge bearings and deck joints; and cleaning and resealing of expansion joints. Regular maintenance such as clearing of vegetation, maintaining railroad clearance, cleaning and painting over graffiti shall also be considered Minor Repairs and shall be the responsibility of the Design/Build Firm.

b. Major structural repairs to any Department owned bridges by Design/Build Firm are not included in the Lump Sum Price, with the exception of damage caused in whole or in part by the actions of Design/Build Firm. Design/Build Firm shall be required to submit a separate price for any major structural repair services requested by the Department. The Lump Sum Price shall include any temporary measures required to keep a bridge in service until such time as major repairs are complete. Major Repairs are defined as repairs performed on bridge or retaining structures or components of such structures in which the structural functionality and capacity will change after the repair work is performed. Examples of Major Repairs, include but are not limited to: strengthening of structural supporting members including beams, girders and truss members; and replacing and repairing bridge bearings that require jacking of superstructure. The Department shall make the final determination as to whether the repair work shall be considered a Minor Repair or a Major Repair.

c. Design/Build Firm shall repair and maintain in a State of Good Repair all crash walls, retaining walls, back walls, wing walls, abutments, bracing, track structures and signal apparatus, and other structures, appurtenances and systems associated with the Department owned bridges located within the Service Property.

d. Design/Build Firm shall prepare and provide to the Department for acceptance, a Bridge Inspection and Maintenance Plan to address the structural, mechanical, electrical, track and signal components for each drawbridge. Design/Build Firm shall submit such plan to the Department for acceptance as part of the annual Maintenance of Way Services Plan. Maintenance plans for each bridge shall be submitted to the Department and Design/Build Firm shall adhere to all such plans.

e. Design/Build Firm shall repair and maintain in a State of Good Repair all controls, contacts, mechanical components, and other appurtenances and systems associated with Department owned moveable bridges located within the Service Property.

f. Design/Build Firm shall record all drawbridge openings and failures in the Maintenance of Way MIS, and shall submit a monthly report to the Department.

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g. Design/Build Firm shall install or replace, and maintain, bridge mile markers and clearance designations on all bridges located on the Service Property.

h. Design/Build Firm shall keep all bridge seats, bearings and abutments clean and free of debris at all times.

i. Design/Build Firm shall maintain all stairs, walkways, sidewalks, catwalks, railings and other bridge attachments and devices associated with the Department owned bridges located within the Service Property in a State of Good Repair.

j. Design/Build Firm shall be responsible for painting services pertaining to bridge maintenance requirements and removal of graffiti.

k. Design/Build Firm shall safely attach and/or remove banners, posters and signage to/from bridges as requested by the Department.

l. Design/Build Firm shall remove all unauthorized attachments immediately after such are reported or found during inspection.

5.3.5 Maintenance Of Culverts a. Design/Build Firm shall be responsible for all culverts located on

the Service Property. A culvert is any undergrade structure less than ten (10) feet in span. All undergrade structures greater than or equal to ten (10) feet in span will be inspected and maintained in accordance with structure requirements in this Maintenance-of-Way Scope of Services.

b. Design/Build Firm shall annually inspect, clean and perform maintenance and repairs as needed on all culverts contained within the Service Property to maintain the culverts in a State of Good Repair consistent with original design profiles. Inspections shall include digital photographs of the culvert condition. All inspection and repair activity shall be recorded in the Maintenance of Way MIS.

c. Design/Build Firm shall maintain and repair all culverts to greater than or equal to design capacity.

d. Design/Build Firm shall keep all culvert approaches free and clear of all debris and vegetation.

e. Design/Build Firm shall establish and provide a Culvert Replacement Plan, as part of the Drainage Maintenance Program,

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to the Department for acceptance, as part of the Maintenance of Way Services Plan. Culvert replacement is not included in the Lump Sum Price, with the exception of damage caused in whole or in part by the actions of Design/Build Firm. Design/Build Firm shall be required to submit a separate price for any culvert replacement services approved by the Department and Design/Build Firm will be compensated as Extra Work. The Lump Sum Price shall include any temporary measures required to keep a culvert in service until such time as the replacement culvert installation is complete.

5.3.6 Operation of Moveable Bridges Design/Build Firm shall hire and train people to operate moveable bridges (herein known as ‘Bridge Tender’). The Bridge Tender shall be responsible for operating moveable bridge including but not limited to communication with the interim Dispatcher, operating the bridge controls, notification of bridge deficiencies, and other tasks to efficiently operate the moveable bridges. A Bridge Tender shall be stationed at each moveable bridge at all times, 24 hours per day and 365 days per year.

5.4 Signals And Communications

5.4.1 General a. At a minimum, all existing, reconstructed, or newly accepted

signal and communications systems located within the Department Service Property shall be maintained in accordance with CSX Standards, the 49 CFR Parts 233, 234, 235, 236, and in accordance with the recommendations detailed in the latest version of the AREMA Signal Manual, and in a State of Good Repair.

b. Signal or communications systems shall not be installed, modified, or permanently removed from service without prior written approval from Department or its designee. When such an approval is requested by the Design/Build Firm, they shall fully detail through drawings and/or text the request being made. Design/Build Firm is responsible for obtaining any federal approvals required under the 49 CFR.

c. Emergency modifications may be performed in the interest of safety. The Design/Build Firm shall promptly notify Department or their duly recognized representative by telephone, of such modifications within 1 hour after the event becomes known to the Design/Build Firm. The Design/Build Firm shall provide a written request for final modifications within twenty-four (24) hours of such initiation, and shall include a detailed explanation of the

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required modifications and the reason emergency modification was initiated.

d. Any permanent modifications made to the signal or communication system shall be recorded in MicroStation format (latest version compatible with Department) and submitted to the Chief Operating Officer no later than thirty (30) days after the modification is placed in service. Additionally, Design/Build Firm shall obtain all applicable warranty agreements in the name of the Department and provide any and all associated documentation to the Department, however, Design/Build Firm shall administer those warranties.

e. Design/Build Firm shall be responsible for coordination with neighboring railroads on boundary or division of territory circuits. The recognition of the signaling and the communication systems being a complete “end to end” system shall be recognized by the Design/Build Firm. All testing, maintenance, and trouble resolution that may affect multiple railroads shall be done only after a complete understanding has occurred between the Design/Build Firm and the neighboring railroad.

f. Signal and communication cases and apparatus shall be kept sealed, locked, clean and free of all foreign material, such as:

1. Brush 2. Rodents 3. Insects 4. Rust 5. Graffiti

g. Signal and Communications cases and apparatus shall be painted

in accordance with the following painting schedule:

1. One-third of all apparatus shall be painted each calendar year. Paint colors shall be determined by the Department.

2. Aluminum equipment will not require paint, unless necessary to improve visibility (such as in the case of signal backgrounds and hoods), or to obscure graffiti.

3. Switch Machines shall be painted and numbered for identification on the machine cover.

4. Acid resistant paint shall be used to protect signal cases and housings from battery acid damage. This paint shall be applied as required to prevent corrosion.

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h. Only Original Equipment Manufacturers (OEM) replacement parts and procedures shall be used to repair broken signal and communication.

i. Temporary repairs shall be permanently repaired commencing on the next business day after the installation of the temporary repair.

j. Material that can be much more economically repaired, or has proprietary rights or patents established, or is covered by warranty, may be repaired by an outside vendor.

k. Design/Build Firm shall follow applicable FRA regulations regarding investigation and reporting of false proceeds. Design/Build Firm shall also submit the following reports to the Department or their duly recognized representative after every false proceed:

1. A preliminary report within twenty-four (24) hours of the reported false proceed, in both hardcopy and electronic formats.

2. A final report within 15 days of the false proceed, filed on form FRA F 6180-14, in both hardcopy and electronic formats.

l. A monthly Train Delay Report shall be forwarded to the Chief Operating Officer no later than the date of the submission by Design/Build Firm of its monthly invoice to the Department.

1. The report shall include a breakdown of preventable and non-preventable signal and communications failures.

2. Adjustments to the report shall be made only after review and with concurrence of both Design/Build Firm and the Chief Operating Officer.

5.4.2 Tests and Inspections a. All signal and communication systems in use on the Department

Service Property shall be tested and inspected by Design/Build Firm in accordance with CFCRT Signals and Communications standards and the 49 CFR to assure that they are all in State of Good Repair.

b. In addition to meeting any applicable CFCRT Signals and Communications standards and the 49 CFR FRA reporting requirements, the Design/Build Firm shall submit the following reports to the Department after every FRA signal and train control test or inspection:

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1. A preliminary written report by the end of the next business day of the test or inspection, in both hardcopy and electronic formats.

2. A final written report indicating the corrective action taken, or plan to correct by Design/Build Firm, within two (2) business days of the preliminary written report, in both hardcopy and electronic formats.

c. All corrections or repairs shall be made within time limits specified by FRA Parts 234 and 236 for correction.

d. Test and inspection dates and results, including digital photographs where appropriate, shall be recorded in the Maintenance of Way MIS and summarized in the monthly Report on FRA Test Compliance, as described in Exhibit 7, Reports and Deliverables.

5.4.3 Signal And Communications Repair Facilities The Design/Build Firm shall provide for an off-site location where signal repair facilities shall repair relays, switch machines, switch circuit controllers, and other signal and communications apparatus necessary to maintain the Department Service Property in a State of Good Repair Condition.

5.4.4 Signal Design a. Design/Build Firm shall maintain as-in-service, up-to-date, and

legible plans at all wayside signal locations as required by FRA Parts 234 and 236 regulations. Design/Build Firm shall review and update these plans; and provide the Department with a complete set of up-to-date plans in MicroStation and PDF format within thirty (30) days of Maintenance Commencement Date.

b. Updated field plans reflecting changes made shall be supplied to the Department by Design/Build Firm within thirty (30) calendar days of the time such field change is placed in service.

c. Six complete (hard and electronic) sets of current line plans, track charts, and interlocking layouts within the Department Service Property shall be provided to Department by March 1st of each Maintenance Agreement Year.

5.4.5 Supervisory Control Systems a. The signal system within this area of track is controlled and

currently reports to the Central Florida Dispatcher Desk via a radio transmission based system.

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b. The existing system will be expanded by Department to include control and indications reconfigured or new interlockings. This reconfiguration will be ongoing during the term of Maintenance Services. The Design/Build Firm shall provide expertise in the area of software and hardware required to support this radio based Central Traffic Control (CTC) system. In addition, it is the intent of Department to provide future alarm reporting for grade crossings located within the Department.

5.4.6 Grade Crossings a. Grade crossing gates, lights, and wires shall be properly attached to

apparatus following appropriate AREMA Section 3 Standards and in accordance with FRA Part 234 Regulations. Grade crossing warning systems shall be maintained in accordance with CFCRT Signals and Communication Standards in conformance with the appropriate sections of the USDOT MUTCD 2004. Only 12” Light Emitting Diode (LED) signal lamps are approved for use on Department Service Property.

b. Design/Build Firm shall ensure all appropriate devices and appurtenances are in place and functioning, including but not limited to striping and advance warning lights.

c. Design/Build Firm shall remove vegetation from Department Service Property and roadways so that the view of the warning system from an approaching train or motorist is not obstructed.

d. Design/Build Firm shall report to the Department all gate and grade crossing malfunctions that result in fail unsafe conditions. Design/Build Firm shall submit a report within twenty-four (24) hours to the Department that provides the failure cause and all planned corrective actions.

e. Design/Build Firm shall maintain crossing approach distances of sufficient length to accommodate the maximum authorized track speeds and adjust them as necessary in the event that changing track conditions warrant track speed changes.

f. Design/Build Firm shall post and maintain the crossing name, milepost designation, and maintenance phone number for each highway-grade crossing on each crossing bungalow, or at the crossing if there is no bungalow, in accordance with the Maintenance of Way Services Standards.

g. As new highway-crossing technology is installed, Design/Build Firm shall accept and maintain these systems. Technology

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included in Design/Build Firm’s responsibility shall include maintenance of the following systems:

1. Warning gate systems 2. Quiet zone systems (if installed) 3. Vehicle detection systems 4. Traffic light preemption systems coordinated with the highway

crossings 5. Visual monitoring systems 6. Police and fire Department notification systems 7. Remote Terminal Units (such as SCADANet) if installed 8. Other technologies associated with highway crossing warning

systems

5.4.7 Wayside Signals and Interlockings a. The focus of all signals shall be maintained to provide the optimal

sight distance at all times. This shall include adequate brush removal as required.

b. Under no circumstances shall any railroad material be stored in or around signal cases or signal masts.

c. Track wires and connectors shall be properly installed in accordance with generally accepted rail industry practice as outlined in the AREMA Signal Manual.

d. Signal number plates shall be properly displayed so that signal identification cannot be mistaken. Signal interlocking bungalows shall have the interlocking identification name displayed on both sides of the bungalow at Central Instrument Locations, and at all entrances to the interlockings.

e. The Design/Build Firm shall support the existing incandescent system until the new signal system is functional. The Design/Build Firm shall create and maintain a Lamp change out records showing last date changed shall be kept at each location. In addition, the change out date for each lamp with an appropriate apparatus identification number shall be recorded in the Maintenance of Way MIS.

f. Up to date copies of the required tests of signal apparatus shall be kept in the signal instrument housing at all times, and copies maintained in an office file as required for inspection by FRA and MDTE inspectors per FRA Parts 234 and 236.

g. Design/Build Firm shall replace Switch Machines as required to maintain the system. As these machines are replaced, the

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Design/Build Firm shall carefully track failures associated with both the new and old switch machines and assist Department in prioritizing the machines that reflect the greatest failure rate.

5.4.8 Pole Line, Wire, And Cable a. Temporary repairs that result in temporary wires or twisted pair

shall be replaced promptly, in accordance with FRA Regulations, but not to exceed thirty (30) calendar days.

b. All wiring and cabling shall be protected from damage, inspected, and tested in accordance with Maintenance of Way Services Standards. Wire and cable shall be replaced as part of the Lump Sum Price when damaged through negligence on the part of the Design/Build Firm.

c. All pole line, wire and cabling shall be maintained in accordance with the Maintenance of Way Services Standards.

5.4.9 Communications a. The Design/Build Firm shall supply all radios for the performance

of Maintenance Services. The Dispatcher will program or provide programming information to enable radios to operate on the existing communication system.

b. The Design/Build Firm will be responsible to maintain wayside communication systems. The Interim Dispatcher will maintain communication systems at the CSXT dispatching facilities.

5.5 Electrical

5.5.1 General a. Design/Build Firm shall provide complete electrical service and

maintenance, and provide a reliable and adequate power source, for all of the Service Property, including but not limited to buildings, stations, layover facilities, roadways, grade crossings, substations, area lighting and draw bridges.

b. During the Mobilization Period, Design/Build Firm shall review the electrical and lighting equipment; and field inspect all of the Service Property to familiarize Design/Build Firm Personnel with the type and quantity of equipment that requires testing and maintenance.

c. During the Mobilization Period, Design/Build Firm shall develop complete records for all electrical and lighting equipment on the Service Property in the Maintenance of Way MIS as directed by Department. These records shall contain, at a minimum, specific

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information with regard to the types of maintenance and testing required, and the testing frequency. After the Maintenance Commencement Date, Design/Build Firm shall update these records with any changes in equipment or procedures.

d. Based on industry standards (NETA), Design/Build Firm shall develop rules and procedures for electrical testing and maintenance.

5.5.2 Testing and Maintenance Responsibilities a. Design/Build Firm shall test and maintain all electrical and lighting

equipment on the Service Property in accordance with the following standards:

1. Design/Build Firm shall adhere to the current version of the International Electrical Testing Association Maintenance Testing Specifications.

2. Where requirements are not specifically detailed in the NETA reference standard Design/Build Firm shall test and maintain equipment per the Factory Mutual Publication 5-20.

3. Where requirements are not specifically detailed in the NETA reference standards, Design/Build Firm shall test and maintain equipment per the manufacturer’s recommendations at a minimum, or in the absence of those, per good engineering practice.

b. Design/Build Firm shall set the frequency for electrical and lighting equipment testing and maintenance according to the following guidelines:

1. Wherever applicable, Design/Build Firm shall adhere to of the most current version of the International Electrical Testing Association (NETA) Maintenance Testing Specifications, using the matrix multiplier of 1.0.

2. Where requirements are not specifically detailed in the NETA reference standard the testing and maintenance frequency shall be as per Factory Mutual Publication 5-20.

3. Where requirements are not specifically detailed in the NETA reference standards, the testing and maintenance frequency shall be as per the manufacturer’s recommendations at a minimum, or in the absence of those, per good engineering practice.

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c. Design/Build Firm shall be responsible for the implementation of all electrical and lighting testing and maintenance activities, including but not limited to scheduling, utility coordination, outage duration, and notification. Design/Build Firm shall keep the Department apprised of activities in this area on a monthly basis, through the reporting and meeting requirements described below. Design/Build Firm shall notify the Department at least thirty-five (35) days prior to planned outages that affect the operation of trains, and shall notify the Department immediately in the case of unplanned outages.

d. Design/Build Firm shall record all electrical testing and maintenance activities and results in the Maintenance of Way MIS, as appropriate. Design/Build Firm shall provide a monthly report, in both electronic and hard copy format, to the Department containing a comprehensive summary of all electrical maintenance and testing activities and results for the previous month, as well as anticipated activities for the coming month. Design/Build Firm shall submit a template showing the proposed form for these reports to the Department within 90 days after Notice to Proceed.

e. Design/Build Firm shall inspect and maintain all lighting on the Service Property, including without limitation, yards, roads, and parking lots. Design/Build Firm shall inspect all lighting installations on a monthly basis at a minimum. All lighting shall be inspected and maintained so that no less than 90% of the lighting at every location is illuminated. Unlit areas, not to exceed ten percent (10%) of lighting at any one location, must be dispersed throughout the location. A lighting deficiency shall be corrected immediately if the unlit area is concentrated so as to create a dark spot. Every effort should be made to achieve 100% lighting at all locations.

f. Design/Build Firm shall repair or replace all ballast, lenses and vandal shields if they are found to be defective. When replacing bulbs, Design/Build Firm shall ensure that the aiming of the fixture is correct and ensure that any house side shields are reinstalled. Design/Build Firm shall also clean all lenses when replacing bulbs, on an annual basis, and when needed or as directed by the Department. All replacement light bulbs shall be mercury free. Lighting and electrical fixtures installed or replaced during the Term of the Contract shall be tamper-resistant and in accordance with the Maintenance of Way Services Standards. Any fixtures replaced must provide more light than that which existed previously, except with the express written permission of the Chief Operating Officer.

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g. Design/Build Firm shall develop and implement a thermographic survey (infrared testing) program, based upon the history of failures and problems discovered during maintenance and testing procedures. At a minimum, Design/Build Firm shall perform infrared testing on all substations and other critical equipment annually. Infrared testing shall conform to the requirements set forth in the International Electrical Testing Association (NETA) Maintenance Testing Specifications.

h. Design/Build Firm shall test and maintain fire alarm and detection systems on the Service Property as per NFPA 72. The frequency shall be as indicated in NFPA 72 Section 7.-3.

i. Design/Build Firm shall test and maintain fire protection systems on the Service Property as per NFPA 25. The frequency shall be as indicated in NFPA 25 Table 2-1.

j. Design/Build Firm shall provide all resources and maintain inventory and parts required for the maintenance of electrical systems and lighting on the Service Property in a timely fashion. Design/Build Firm shall record and monitor inventory in the Materials MIS.

5.6 Environmental Services Design/Build Firm shall operate, maintain, and service all environmental systems located throughout the Department service property. Design/Build Firm shall maintain all environmental permits, certificates and licenses necessary to perform Maintenance Services and maintain Service Property. Permits, certificates, and licenses shall be obtained in the name of the Department. Design/Build Firm shall properly dispose of any waste or hazardous material in accordance with all applicable federal, state and local regulations. Design/Build Firm shall furnish all labor, materials, tools, and equipment to operate, test, service, maintain, and repair the Department’s environmental systems.

5.6.1 Environmental Permitting/Reporting a. Design/Build Firm shall maintain current all appropriate permits,

certificates, and licenses to the Service Property, Support Property and systems used in performing the Maintenance Services.

b. Permits, certificates and licenses that are required relating to the Service Property, Support Property and systems and facilities used in performing the Maintenance Services include, but may not be limited to:

1. NPDES Permits 2. Stormwater Pollution Prevention Plans 3. Spill Prevention Control and Countermeasures Plans (SPCC)

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4. Municipal Sewer Connection Permits 5. Municipal Sewer Discharge Permits

c. Design/Build Firm shall complete periodic inspections and

reporting requirements necessary to maintain all environmental permits, certificates, and licenses. Inspections and reporting shall include, but not be limited to, quarterly reports for NPDES Permits, Stormwater Pollution Prevention Plans, Spill Prevention Control and Countermeasures Plans (SPCC), and municipal Sewer Connection permits.

d. All applications for permits, certificates, and licenses and correspondence with regulatory agencies regarding permits, certificates, licenses and the like, relating to the Service Property, Support Property and systems will be prepared and forwarded to the Department ninety (90) days prior to expiration. Design/Build Firm shall operate and maintain a Management Information System for tracking permits, certificates, and licenses in accordance with this Maintenance of Way Requirements.

e. Design/Build Firm, within thirty (30) days of Notice to Proceed, shall submit to the Department for review and acceptance, a draft Emergency-Spill Response/Spill Prevention Control and Countermeasure (SPCC) Plan, including a chain of command for each applicable Service Property location. A final Emergency Spill Response/SPCC plan for each facility shall be submitted by the Design/Build Firm to the Department for acceptance, within ninety (90) days of Notice to Proceed. This plan shall be updated on an annual basis and provided to the Department by August 30th of each Maintenance Agreement Year.

5.6.2 Hazardous Material Disposal Any regulated waste or hazardous materials located on the service property produced or generated while delivering the Maintenance Services shall be disposed of in accordance with all applicable environmental regulations. Copies of all waste management documentation, including manifests, bills-of-lading, weight slips, and receiving facility receipts shall be provided to the Department.

5.6.3 Environmental Services a. Design/Build Firm shall provide services to test, operate, maintain

and service various environmental systems, including but not limited to stormwater inspections and catch basin cleaning, located throughout the service property as specified herein.

b. Design/Build Firm must submit a draft Environmental Services Work Plan to the Department, within sixty (60) days of Notice to

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Proceed. The plan shall include a schedule specifying when all environmental work items will be performed. This schedule will be subject to Department approval, and once approved, cannot be changed without the consent of the Department. A final plan shall be submitted to the Department for approval within 90 days of Notice to Proceed.

c. Design/Build Firm shall respond immediately in the event of uncontained releases of hazardous materials to assist in containment and also respond to emergency environmental services requests by the Department.

d. Design/Build Firm shall provide copies of all correspondence with local, state, and federal regulatory agencies regarding the environmental systems to the Department’s designated contact.

e. Design/Build Firm shall notify the Department’s designated contact immediately to report any malfunctions observed during work conducted under the Environmental Services. Design/Build Firm shall provide written documentation to the Department’s designated contact providing detailed information regarding the malfunction within three (3) business days.

f. Malfunctions of environmental equipment or systems, which can be rectified through minor repairs, must be repaired by Design/Build Firm in a timely manner so as not to result non-compliance of any permit or permit conditions.

5.6.4 Training And Qualifications a. All Design/Build Firm personnel who work on the Service

Property executing Environmental Services must be trained in compliance with applicable regulations as required by OSHA, FDEP, and EPA.

b. All Design/Build Firm personnel executing Environmental Services who work on the Service Property where hazardous waste is present or likely to be encountered must have hazardous waste management training required by FDEP regulations.

c. All Design/Build Firm personnel who work on the Service Property executing Environmental Services must be trained in compliance with OSHA regulations including, but not limited to, 24-Hour HAZWOPER, Right-to-Know, Lock Out/Tag Out, Confined Space Entry, and Personal Protective Equipment as applicable and as required by OSHA.

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5.7 Other Maintenance of Way Services a) Design/Build Firm shall provide other Maintenance of Way Services as may

be required for the performance of the Maintenance Services. These Maintenance of Way Services may include surveys, design, development of plans, layouts, sketches, pictures, staging and phasing plans, and other engineering functions that are normally required in the operation and maintenance of a railroad.

b) Design/Build Firm shall assist the Department, as requested, with Maintenance of Way Services related to Service Property permits, licenses and easements, including plan preparation.

c) Design/Build Firm shall provide all survey services for maintenance and property control. Any plans requiring certification shall be certified by a Registered Surveyor licensed in the State of Florida, included in the Lump Sum Price.

d) Design/Build Firm shall investigate, respond to and attempt to resolve complaints and problems on and along the Service Property that result from the performance of the Maintenance Services.

e) Design/Build Firm shall ascertain any and all railroad construction and maintenance requirements for fiber optic companies, utilities and other Third Party occupants of the Service Property and comply with such requirements. Department real estate shall provide copies of agreements upon request by Design/Build Firm.

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--

MAINTENANCE INCIDENT MANAGEMENT PLAN

Maintenance of Way Requirements Maintenance Exhibit 3 - Maintenance Incident Management January 2008

MAINTENANCE INCIDENT MANAGEMENT PLAN

1. INTRODUCTION

1.1 Overview/Description

Design/Build Firm shall comply with the Maintenance Incident Management and Notification procedures described below.

1. INCIDENT MANAGEMENT AND NOTIFICATIONS

1.1. General.

(a) In the event of Service Delays, Service Disruptions or other incidents that impact rail services the Central Florida Dispatcher Desk shall notify the Design/Build Firm. The Design/Build Firm shall be responsible to notify the Department officials and other railroads operating on the line; investigate such delays and disruptions; manage the incident, restore service; and prepare reports. In the event the Design/Build Firm becomes aware of an incident by means other than communication from the Central Florida Dispatcher Desk, the Design/Build Firm shall also notify the Central Florida Dispatcher Desk of the incident. The Design/Build Firm shall establish and maintain an emergency one call telephone number that is answered twenty-four (24) hours a day, seven (7) days a week, to assist in this notification process. A call to this number shall connect the caller to a qualified manager or a person of higher rank in Design/Build Firm’s organizational structure. The Department reserves the right to change the notification procedures identified herein at any time during the term of the Contract.

(b) Design/Build Firm shall provide an Emergency Notification Plan to the Department Chief Operating Officer thirty (30) days prior to Maintenance Commencement Date. The Emergency Notification Plan shall include, but not be limited to, contact information for police, fire, ambulance, hazardous material response for each section of track, identified by milepost.

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1.2. Notification of Delays to the Department.

(a) Notification Sequence. The Central Florida Dispatcher Desk shall provide immediate notice to the Design/Build Firm of Service Delays in the following sequence:

(b) Notification Information. The Central Florida Dispatcher Desk shall include the following information in each notification regarding Service Delays:

(i) Rail line(s);

(ii) Actual or anticipated duration of delay;

(iii) Cause of delay;

(iv) Train number(s) and equipment number(s);

(v) Proposed response or action taken.

(c) Management During Service Delays. The Design/Build Firm shall relay Notification Information to the Chief Operating Officer and other railroads. The Design/Build Firm shall provide phone updates to the Chief Operating Officer and other railroads in a timely manner, approximately every fifteen (15) minutes or immediately after receiving relevant information, until the delay has been resolved.

(d) Reporting. Design/Build Firm shall produce Delay Reports containing detailed information describing the impact of all delays on all affected trains. Design/Build Firm shall generate Delay Reports utilizing the RMIS. Delay Reports shall include all delays, regardless of duration. Delay Reports shall be produced in conformance with the requirements identified in the Maintenance of Way Requirements.

1.3. Service Disruptions.

(a) Procedures.

(1) Field Management. In the event of a Service Disruption in which there are events or occurrences on or off the Service Property including, without limitation, collisions, derailments, fires, fatalities or injuries, or other emergencies whose potential impact on service requires close coordination of multiple activities, Design/Build Firm shall designate an Incident Commander. Until such time as the on-site Incident Commander has been designated and is on-site, this function will be filled by the Design/Build Firm’s qualified manager. The Incident Commander shall have

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primary responsibility to manage the on-site response to the Service Disruption and its resolution and shall ensure that the appropriate notification procedures are followed. The Incident Commander shall: oversee wreck cleaning; manage service restoration; and serve as contact with emergency responders and public safety officials. The Incident Commander may delegate these responsibilities to other Design/Build Firm Personnel, if necessary. The Design/Build Firm shall follow the incident management, notification and reporting protocols set forth herein.

(2) Notification Sequence. Central Florida Dispatcher Desk shall provide immediate notice of Service Disruptions, in the following sequence:

(a) Telephone call to appropriate state or local public safety agencies when Service Disruption causes, or is caused by, fatalities, injuries, or threats to public safety.

(b) Telephone call to Design/Build Firm’s emergency one call number.

(b) Notification Information. The Central Florida Dispatcher Desk shall include the following information in each notification regarding Service Disruptions:

(1) Confirmation that Emergency Services has been notified, if applicable.

(2) Exact location of the Service Disruption.

(3) Rail line(s) and station(s) affected.

(4) Type of Service Disruption, including cause.

(5) Any actual or possible impacts on service, including anticipated duration of delays.

(6) Train number(s) and equipment number(s).

(7) The name and telephone number of the Incident Commander and lead safety investigator.

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(8) Any initial or temporary steps taken to reduce or mitigate hazards associated with the incident.

(9) Proposed response and action taken.

(c) Service Disruption Management. The Design/Build Firm shall relay Notification Information to the Chief Operating Officer and other railroads. The Design/Build Firm shall provide phone updates to the Chief Operating Officer and the other railroads in a timely manner, approximately every fifteen (15) minutes or immediately after receiving relevant information, until the delay has been resolved.

(d) Reporting. Following a Service Disruption, Design/Build Firm shall adhere to the following sequence of reporting procedures:

(1) Within two (2) hours of partial restoration of service, or within two (2) hours of complete restoration of service if service is fully restored without resort to the implementation of partial service, Design/Build Firm shall produce a Preliminary Report including (a) the type of Service Disruption and (b) its impacts on and/or delays to service, and (c) a chronology of relevant events beginning before the Service Disruption and continuing through resolution of the Service Disruption.

(2) Within twenty-four (24) hours of partial or complete restoration of service, Design/Build Firm shall produce a detailed Interim Report containing the following information:

(a) Type of Service Disruption.

(b) Effect of such disruption on trains on the system, including time and duration of delays.

(c) Train number(s) and equipment number(s) directly involved in the Service Disruption.

(d) Employee information related to the employees associated with the equipment involved in the disruption.

(3) Within two (2) weeks, Design/Build Firm shall submit to the Department, typewritten Final Incident/Accident Report and Analysis that shall include:

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(a) A chronology of events.

(b) Relevant statements from employees, including supervisors and Incident Commanders, involved in the Service Disruption or its resolution, transcribed and typewritten.

(c) Subsequent findings and lessons learned.

(d) Results of Drug and Alcohol Screening.

(e) Transcriptions of tapes.

(f) Speed recorders.

(g) Central Florida Dispatcher Desk tapes.

(h) Event recorders.

(i) Disciplinary actions taken.

(j) Engineering responses taken and effectiveness of such responses.

(k) All data associated with equipment, vehicles, & employees involved.

(l) Statements from employees involved, including the safety official and incident commander on the scene.

(m) All primary and secondary findings.

(n) Corrective Action Plan, outlining short and long-term mitigation actions should also be included.

(o) A final Corrective Action Plan summarizing engineering responses taken and their effectiveness should be included. In the event that any corrective actions are left open a time line for completion is expected to be included.

(4) If an investigation of the Service Disruption is ongoing at the time of submission of the report, the Final Incident/Accident Analysis Report and Analysis shall also update the Department on the status

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of the investigation. If the investigation is ongoing, this report should include a timeline for completion of the investigation and the issuance of the final report. Report updates are required every thirty (30) days thereafter. The Design/Build Firm shall submit a final report to the Department that includes the data and information listed above as well as a qualitative analysis that encompasses information obtained from the investigation. Upon completion of the investigation, the Design/Build Firm shall submit an Updated Final Incident/Accident Report and Analysis to the Department.

(5) Each report issued shall contain the contents of all previous reports related to the disruption.

(6) At the request of the Department, Design/Build Firm shall meet with the Department to discuss any Service Disruption or incident at any time following a Service Disruption.

(7) The Department reserves the right to comment and recommend additional corrective actions if necessary. The Design/Build Firm is expected to respond to these recommendations in writing within ten (10) business days.

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MAINTENANCE INFORMATION MANAGEMENT

SCOPE OF SERVICES

Maintenance of Way Requirements Maintenance Exhibit 4 – Maintenance Information Management January 2008

MAINTENANCE INFORMATION MANAGEMENT SCOPE OF SERVICES

1. Introduction. This exhibit details Design/Build Firm responsibilities regarding Information Management. The Rail Management Information System (RMIS) refers to the entire integrated network including software, hardware, network servers and storage devices. The RMIS encompasses all aspects of the information management system program including specific Management Information Systems (MIS) such as the Financial MIS etc. Responsibilities associated with maintenance of the RMIS system by the Design/Build Firm are provided in three major areas: Computer Network; required Management Information Systems and Control Systems; and operational requirements, including information input, storage, retrieval, report preparation, and real-time Data access. 2. Computer Network. (a) Buildings and Facilities. (1) The Design/Build Firm shall provide physical space within buildings where Design/Build Firm will operate the RMIS. Design/Build Firm shall provide suitable environmental controls specifically for computer operational requirements within the spaces where the RMIS is to be housed. This includes, but is not limited to, heat, air conditioning, air circulation, humidity controls, dust controls and vibration control as required by the computer hardware manufacturers’ recommended specifications. (2) Design/Build Firm shall provide adequate Uninterruptible Power Supply (UPS) units capable of providing surge protection and configured to perform automatic clean shutdown of hardware in the event of a power failure lasting longer than five minutes. Design/Build Firm shall maintain UPS units in a State of Good Repair in accordance with the manufacturers’ recommendations. (3) Design/Build Firm shall provide a connection to the internet for the Department’s use at the field site. (b) Hardware Requirements.

(1) During the first sixty (60) days following Notice to Proceed, Design/Build Firm shall determine components requirements for use as part of the RMIS, procure components, and inventory the Computer Equipment required as part of the RMIS for the performance of Maintenance Services. Design/Build Firm shall procure, operate, and maintain Computer Equipment as directed by the Department. For the purposes of this Contract, “Software Vendor” means any commercial vendor of software either supplied by the Department or provided by Design/Build Firm to perform Maintenance Services, including the operating system vendor. In addition, no end-user computer procured for the Maintenance Services shall be more than two and one-half (2-

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Maintenance of Way Requirements Maintenance Exhibit 4 – Maintenance Information Management January 2008 1/2) years old regardless of its ability to qualify under the Software Vendor’s recommended configuration.

(c) Computer Network Configuration.

(1) Network Protocol. The Design/Build Firm shall establish TCP/IP (Transmission Control Protocol/Internet Protocol) address scheme and other pertinent settings to be used to configure end-user computers, output devices, servers, scanners and other network devices. Design/Build Firm shall be responsible for the configuration of all Computer Equipment in the RMIS. The Design/Build Firm will operate and provide DHCP (Domain Host Control Protocol) services to allocate IP addresses to Computer Equipment in the RMIS.

(2) User Management. Design/Build Firm shall be responsible for

providing a server or servers, located in the State of Florida, to perform user authentication for Design/Build Firm Personnel. Design/Build Firm shall be responsible for server administration for managing users and network-connected Computer Equipment and software on the RMIS. Design/Build Firm shall also be responsible for managing the specific user accounts on the required Management Information Systems specified in the Maintenance of Way Requirements.

(3) Network Security.

(i) For the purposes of the contract, “Neutral Zone” is defined as an arrangement in which the RMIS is configured to allow specific Department staff to have real-time access to the RMIS. Design/Build Firm computers shall not be allowed access to any resources on the Department Computer Network. No access will be required for Department staff to computers on the Design/Build Firm network used solely for non-specified administrative functions.

(ii) Design/Build Firm shall provide and follow Best-Practice

Methods regarding security for any connection from the RMIS to an external network, including connection to a third-party Internet Service Provider or wide-area-network connection to another non-Department location. A “Best-Practice Method” is defined as one that follows the recommendations of the server hardware manufacturer and network operating system vendor, in areas including but not limited to routers, firewalls, user permissions, virus scanning, e-mail content filtering and protection of key network passwords. Design/Build Firm shall maintain the security methods in a current state at all times throughout the term of the Contract. This shall include: applying virus and worm patches at a frequency recommended by the Software Vendor; applying operating system and application software patches at a frequency recommended by the Software Vendor; and modifying policies and procedures as necessary to prevent unwanted human access to the RMIS or to prevent human-initiated events from causing harm to, or preventing the normal operation of the RMIS and Department Computer Network.



(4) Availability of Service. Design/Build Firm shall configure Computer Equipment and software and perform procedures as required to maintain RMIS availability at all times. Design/Build Firm shall restore availability of the RMIS and its components after a failure or loss of functionality within 24 hours. Maintenance work to restore RMIS availability shall be scheduled at times that do not interfere with the provision of Maintenance Services. The Department reserves the right to restrict the times when Design/Build Firm may perform maintenance of the RMIS.

3. Management Information Systems and Software.

(a) General.

(1) Software Provided by the Design/Build Firm. Design/Build Firm shall procure, install, configure, operate and maintain software used on the RMIS. The software including three (3) licenses shall transferred to the successor O&M firm at the Completion of the Contract.

(2) Electronic Mail. Design/Build Firm shall operate and maintain a reliable, efficient Internet-enabled e-mail system that performs without substantial delay. Connection to an Internet Service Provider is the responsibility of Design/Build Firm.

(3) Use of Software and Hardware not required by the Department. It

is expected that Design/Build Firm may use software and hardware to perform administrative functions not specifically required by the Department for the performance of Maintenance Services. Hardware and software provided by Design/Build Firm for the sole purpose of performing these non-specified administrative functions shall remain the property of Design/Build Firm. Design/Build Firm shall be entirely responsible for providing all equipment, installation, configuration, wiring infrastructure and maintenance for hardware and software the Design/Build Firm uses solely to perform non-specified administrative functions.

(b) Required Management Information Systems. Design/Build Firm shall

operate, manage and maintain, and if and as necessary develop, procure and install in whole or in part, a Management Information System (MIS) for each of a number of functional areas of the Maintenance Services. Design/Build Firm shall complete these activities to ensure that the required Management Information Systems are available by the Maintenance Commencement Date. The following subsections describe each of the required Management Information Systems, along with Design/Build Firm responsibilities with respect to each required MIS.

(1) Facility MIS The Facility MIS is the primary Management Information System that will be used to monitor activities at facilities on the Service Property. Using the Facility MIS, the Design/Build Firm perform activities including, but not limited to: (i) maintaining an inventory of facilities on the Service Property with a unique identifying number and digital photograph, where applicable; (ii) recording required tests and inspections; (iii) recording preventative, predictive and corrective maintenance activities; (iv) scheduling and control of predictive, preventative, and


Maintenance of Way Requirements Maintenance Exhibit 4 – Maintenance Information Management January 2008 corrective maintenance programs and associated labor and materials; (v) issuing work orders and purchase orders; (vi) issuing facility status and repair reports; (vii) retaining up to three (3) years worth of information on predictive, preventative and corrective maintenance for each facility or component to produce and analyze trends; and (vii) recording information necessary for warranty administration. Design/Build Firm shall procure and install a Facility MIS approved by the Department, and thereafter operate and maintain such system.

(2) Maintenance of Way MIS. The Maintenance of Way MIS is the primary Management Information System that will be used to monitor Design/Build Firm inspection and maintenance of all Service Property other than facilities. Using the Maintenance of Way MIS, Design/Build Firm shall perform activities including, but not limited to: (i) maintaining an inventory of each component of railroad infrastructure on the Service Property (including, structures, track, Right-of-Way and associated components; grade crossing systems; signal systems; and electrical systems) with a unique identifying number and digital photograph, where applicable; (ii) recording required tests and inspections; (iii) recording preventative, predictive and corrective maintenance activities; (iv) scheduling and control of predictive, preventative, and corrective maintenance programs and associated labor and materials; (v) issuing work orders and purchase orders; (vi) issuing status and repair reports for railroad infrastructure components; retaining of information on predictive, preventative and corrective maintenance for each railroad infrastructure component to produce and analyze trends; and (vii) recording information necessary for warranty administration. Design/Build Firm shall procure and install an Maintenance of Way MIS approved by the Department, and thereafter operate and maintain such system.

As part of Design/Build Firm’s maintenance and inspection activities on the Service Property, Design/Build Firm must keep written forms documenting the maintenance performed at each location on the Service Property. These forms must include the signature of the employee and supervisor conducting the maintenance, and detail the maintenance and corrective action procedures occurring at each inspection. These forms must be approved by the Chief Operating Officer.

(3) Materials MIS. The Materials MIS is the primary Management

Information System that will be used to monitor Design/Build Firm materials control and handling. Using the Materials MIS, Design/Build Firm shall perform activities including, but not limited to: (i) maintaining an inventory of all existing materials and parts, including capital spares and materials used for Extra Work projects; (ii) optimizing stocking of materials and parts; (iii) calculating the costs of materials and parts used for work orders and Extra Work projects; (iv) tracking the status of all materials sent to vendors for repair and return; (v) controlling the ordering of materials and parts; and (vi) tracking specific materials, serialized components, budgets and project costs. The Materials MIS shall also: (a) automatically calculate the appropriate order level and order quantity for an inventory item, based upon inventory turnover, order frequency and expected delivery time; and (b) have the capability for the automatic calculation to be overridden by manual input for each inventory item.


Maintenance of Way Requirements Maintenance Exhibit 4 – Maintenance Information Management January 2008 The Materials MIS shall record, at a minimum, the following types of information:

(1) Inventory identification and description, including serial numbers where appropriate (2) Location identification and description (3) Manufacturer (4) Number of units on hand (5) Unit cost (6) Main supplier and alternative supplier (7) DBE status of suppliers (8) Number of units ordered and total cost per Department Fiscal Year (9) Total dollar value paid to each supplier during each Department Fiscal Year (10) Delivery time from when order is placed (11) Level at which an order shall be placed (12) For spare parts, list the equipment items(s) for which they are spares (13) Inventory issues to work orders and Extra Work projects.

(4) Financial MIS. The Financial MIS is the primary Management Information System that will be used to monitor the performance of the Maintenance Services. Using the Financial MIS, Design/Build Firm shall perform activities including, but not limited to: (i) recording Costs and producing invoices associated with Extra Work; (ii) reporting on DBE compliance (iii) tracking receipts from sale of scrap materials, and purchases of supplies and materials from same. Design/Build Firm shall procure and install a Financial MIS approved by the Department, and thereafter operate and maintain such system.

(5) Permits and Licenses MIS. The Permits and Licenses MIS is the

primary Management Information System that will be used to manage permits, licenses and certifications necessary for the performance of the Maintenance Services. Using the Permits and Licenses MIS, Design/Build Firm shall record information including, but not limited to: the name of the permit, license, or certification; the applicable law or regulation; the governing agency or regulatory body; the name under which the permit, license, or certification is filed; and status information, including date of last application or renewal. Design/Build Firm shall procure and install a Permits and Licenses MIS approved by the Department, and thereafter operate and maintain such system.

6. Operational Requirements.

(a) Information Input, Storage and Retrieval. Design/Build Firm shall use the RMIS and required Management Information Systems on a day-to-day basis for the input, storage and retrieval of information related to the Maintenance Services. Design/Build Firm shall record activities including, but not limited to maintenance, inspection, repairs, adjustments, cleaning, and renewals within 24 hours of the completion of each such activity, unless otherwise specified in the Maintenance of Way Requirements.



(b) Preparation of Required Reports. Design/Build Firm shall use the RMIS

and required Management Information Systems to produce all reports required as part of the Maintenance Services. Further information about reporting and a summary of required reports is provided in the Maintenance of Way Requirements and Exhibit 7, Reports and Deliverables.



SERVICE PROPERTY

(NOTE: This Exhibit contains a description and listing of the Department’s Service Property. This Exhibit is for informational purposes and is subject to change.)

Maintenance of Way Requirements January 2008 Maintenance Exhibit 5 – Service Property

SERVICE PROPERTY (A) General -- This exhibit generally describes the Service Property that the Design/Build Firm

shall be responsible for maintaining and repairing and shall use in providing the Maintenance Services, the compensation for which is included in the Lump Sum Price.

(B) Service Property “Building” Inventory – (1) With respect to the Service Property,

Design/Build Firm shall be responsible for proper operation, maintenance and repair including but not limited to all of the following: maintenance-of-way (M/W) reporting facilities, M/W material yards, shops, trailers, pump houses, signal cases, signal bungalows, containers and substations contained within the Right-Of-Way.

(2) Design/Build Firm shall, as part of the Maintenance Services, be responsible for the proper operation, maintenance or repair of the following Service Property assets including but not limited to: electrical systems, electrical services, roadways, parking areas, drainage systems, lighting, fencing, gates, security systems, railings, fall protection systems, drip collection systems, life safety devices and systems, lighting systems (including parking lots), signage, utility services/connections, water distribution systems, trash receptacles, catch basins, retention basins, detention basins, pavement markings, fences, guardrails, painted surfaces, curb stops, curbing, curb cuts, ADA requirements, sign posts, telephones, telephone systems, pedestrian overpasses, pedestrian crossings, storage sheds, windscreens, fold-up platform edges, driveways, walkways, and bollards.

(C) Tracks -- As part of the Maintenance Services, Design/Build Firm shall maintain through-

out the Term of the Contract the track structure including but not limited to the following items: rails, ties, timbers, joint bars, compromise bars, track bolts, washer, nut locks, spacers, keepers, plates, cut spikes, lockspikes, screw lags, drive lags, clips, shoulders, fastening assemblies, switch points, stockrails, sliders, braces, heel blocks, switch rods, connecting rods, detector rods, gage plates, separation plates, hook plates, guard rails, point protectors, switch stands, derails, pipe connections, switch bolts, switch lubrication, self aligning shoulder plates, switch rails, ballasts, subballast, asphalt underlayment, geotextile, subdrains, underdrains, grade crossings, pavement (concrete and bituminous asphalt), rubber, timber, street drainage, road surface, sidewalk surface special trackwork, approach slabs, backwalls, wingwalls ballast retainer, ballast mats, rip rap and tide gates.

(D) Bridges – As part of the Maintenance Services, Design/Build Firm shall be responsible for

the proper operation, repair and maintenance of all bridges. These services shall include but are not limited to the following: abutments, piers, wingwalls, retaining walls, right-of-way walls, boundary walls, footings, bearing seats, approach slabs, backwalls, bearings, stiffeners, rivets, bolts, bracings, stringers, piles, beams, floorbeams, girders, ties, timbers, planks, railings, walkways, fencing, barriers, utility support plates, connection plates, bearing plates, cross-bracing, knee-bracing, deck plates, weepholes, drainage systems, waterproofing, ballast, gutters, scuppers, pipes, tubes, retainers, rail supports, rails, rail connectors, spacer blocks, structural members, prime members, secondary members, bridge attachments, bridge markers, bridge name signs, bridge painting for graffiti, patching,

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testing, lighting systems, concrete members, steel members, wooden members, granite blocks, masonry blocks, concrete blocks and conduits.

(E) Overhead Bridges -- As part of the Maintenance Services, Design/Build Firm shall be

responsible for the proper operation, repair and maintenance of all overhead bridges. These services shall include but are not limited to the following: abutments, piers, wingwalls, retaining walls, underdecks, stringers, floorbeams, girders, bracings, planks, timbers truss members, connectors, concrete, plates, bearings, drainage systems, railings, piles, fencing, barriers, supports, bridge members, superstructure members, substructure members, approach slabs, pipes, conduits, bridge markers, painting for graffiti removal and bridge attachments.

(F) Moveable Bridges -- As part of the Maintenance Services, Design/Build Firm shall be responsible for the proper operation, repair and maintenance of all moveable bridges. These services shall include are not limited to the following: equipment, all structural members including structural, steel & wood, and mechanical parts such motors, pipes, tubes, cables, switches, electrical parts, wires, boxes, conduit systems, machinist parts, control units, switch locks, nuts, bolts, transformers, grounding, electrical parts, cable, test equipment, meters, computers, generators, rails, conleys, pumps, counterweights, ties, timber, planks, walkways railings, expansion joints, rails, rail members, spacer blocks, movement control, fire detector communication lines, piers, abutments approach members, slabs, piles, markers, navigation lights, navigation warnings, signs, clearance markers, protection barriers as well as items to be maintained on non-movable bridges.

(G) Culverts -- As part of the Maintenance Services, Design/Build Firm shall be responsible for

the proper operation, repair and maintenance of all culverts contained within the Right-of-Way. These services shall include but are not limited to the following: inlet members, outlet members, barrel members, aprons, inner walls, outer walls, waterways, concrete, steel, blocks, bricks, stone, wingwalls, covers, pipes, joints, cracks, cleanings, flood control, markers, erosion control, flow control, headwalls and barrier walls.

(H) Right-Of-Way -- As part of the Maintenance Services, Design/Build Firm shall be

responsible for the proper operation, repair and maintenance of the Right-of-Way, including but not limited to the following right-of-way items: fencing, gates, posts, locks, bollards, guard rails, signage, sign posts, sign attachments, access roads, culverts, ditches, catch basins, drainage systems, vegetation, trees, landscaping, retaining walls, slopes, slope stabilization, access stairs, utility crossings, utility occupations, leases, licenses, easements, property lines, viaducts, detention basins, retention basins, conduits, structures, markers, mileposts and all other railroad structures and appurtenances that may be located within the width of the right-of-way.

(I) Electrical -- As part of the Maintenance Services, Design/Build Firm shall be responsible

for the proper operation, repair and maintenance of all electrical systems contained within the Right-of-Way. These services shall include but are not limited to the following: drawing, transformers, commercial metered power systems (primary & secondary), switchgears, powerfeeds, programmable logic controllers, electrical sign systems, grounding, circuit

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breakers, distribution systems, cases, lighting & lighting systems, unit substations, metering equipment, trough systems, cable, cable assemblies, transfer switches, locks, electronic equipment, train layover systems, feeder receptacle stations, panelboards, instrumentation house substations, signal poles, signal lines and test equipment.

(J) Signals and Communications -- As part of the Maintenance Services, Design/Build Firm

shall be responsible for the proper operation, repair and maintenance of all signal systems contained within the Department Right-of-Way. These services shall include but are not limited to the following: plans, signal switches and rods, foul wires, track leads, circuit controllers, spring switch buffers, pipe connections, electric devices, wires, cables, trough systems, conduit systems, trays, electric locks, power switches, airlines, signal bridges, cantilevers, insulated joints, track circuits, cab signal systems, rail bonding, plug connectors, signal power systems, rectifiers, batteries, transfer equipment, signal transformers, un-interruptable power supply systems (UPS), signal power houses, signal power cases, grounding, signal poles & pole lines, automatic highway crossing warning systems, signal instrument shelters, wayside cases, junction boxes, signal instrument racks, entrance racks, relays and plugboards (vital and non-vital), vital interlocking systems, supervisory control systems, data transmission systems, supervisory control workstations, local area networks, supervisory control servers, recording devices, hot journal detectors, wheel impact detectors, dragging equipment detectors, hazard detectors, fire detection and suppression systems, printed circuit boards, circuit breakers, fuses, diodes, resistors, reactors, capacitors, terminal blocks, lightning arrestors, wire terminals, wire tags, padlocks (switch, signal, communications, electrical), cable entrances, entrance pipes, rubber floor mats, light bulbs, masts, signal lenses and guards, and test equipment.

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TRACK OUTAGE REQUEST

January 2008

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CFCRT Railroad Operations Sample Track Outage Request

To be submitted no less than 35 days prior to start of requested outage. Date of Request: Request by: Request Department: Telephone: Track Outage Request Identification Project Name: Project Description:

Supervisor Route Track From MP/Station To MP/Station Dates: Starting Ending:

Times: Starting Ending:

Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holidays

Maintenance of Traffic and Mitigation of Service Impacts Recommended Method of Operation

Pilot Service Train Dispatcher Interlocking Control Substitute Bus Service

Other Specify

Why?

Other Methods Considered?

Why not recommended?

Anticipated Service Impacts

Anticipated Minutes of Delay Train Number Or ID

Number of Passengers

Receiving from D

Receiving Rule 241

By Diversion

By Speed Restriction

Total Minutes

January 2008

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Anticipated Service Impacts Anticipated Minutes of Delay Train

Number

Customer Information Plan Signs Location Posting Date Ending Date Fliers Distribution Date CFCRT Website Date of Update Announcements in Terminals Dates Proposed Text

LED Sign Messages Locations Date Proposed Text

Press Release Date

Or ID

Number of Passengers

Receiving from D

Receiving Rule 241

By Diversion

By Speed Restriction

Total Minutes

Totals

Proposed Text of Fliers and Press Releases must be attached

CFCRT Approval Block Received By:

Date:

Reviewed By:

Date:

Approved By:

Date:

MAINTENANCE EXHIBIT 7REPORTS AND DELIVERABLES

January 2008

Report Frequency

Source System Report Name Report Description

Daily MOW MIS Temporary Speed Restriction Summary

List all locations with temporary speed restrictions, identifying line, mileposts, track(s) affected, passenger speed, freight speed, whether signs are posted, reason for restriction, and estimated time of cancellation.

Daily MOW MIS Daily Incident Log Detail report on all incidents and equipment failures occuring in yesterday'sservice.

Daily MOW MIS Daily Delay Report Listing of train delays for prior service day, sorted by cause with duration, location, responsible party, and description of delays.

Weekly, Monthly MOW MIS Production Report Summary list of work activity, with quantity of work performed by asset type (e.g. feet of CWR installed, number of Frogs changed), include annualgoal, period activity, Year-to-Date activity

Weekly, Annual MOW MIS Permanent Speed Restriction Report

List all locations with permanent speed restrictions, identifying line, mileposts, track(s) affected, passenger speed, freight speed, whether signs are posted, reason for restriction, and estimated time of cancellation.

Weekly Status Report, Request Form Due 60 days in advance of Track Outage

MOW MIS Track Outage Report List all locations with scheduled track outages. Include location (name andmileposts), track(s), type of project, description of work, times required and class of time (absolute or 'as much as possible'), comments.

Monthly, Annual MOW MIS Maintenance Activity Report List all work activity for the time period, with location, asset identification, work performed (eg: inspection, test, repair, maintenance, replacement), with the labor hours, materials and work equipment used in performing the work.

Monthly MOW MIS Monthly Delay Report Report shall contain all delays indicating causes in the prior month.

Monthly MOW MIS Speed Restriction Corrective Actions

Report shall detail the corrective actions taken to remove any existing track or bridge speed restriction or reduction, and any additions to the existing track or bridge speed restrictions, and the reason why such was added. Shall indicate the planned schedule for removing temporary speed restrictions, and the compliance with the schedule. This report shall form the basis for calculation of the Temporary Speed Restriction penalties.

Monthly MOW MIS Accident/Incident Report Summary

List all accidents, thefts and damage to work equipment. Report contents include date of incident, type of incident, type of equipment, operator, department, responsibility, injury, and amount of damage.

Monthly MOW MIS Inventory Loss Report Report all inventory lost due to theft, accident or vandalismAnnual MOW MIS Bi-Annual Track Inspection

Report AuditAudit report of compliance with Track Inspection requirements.

Annual MOW MIS Structures Inspection Report Report of each structural inspection of bridges, culverts, and other Service Property structures, to contain for each structure the date of inspection, condition assessment, analysis of safety and structural integrity, summary of maintenance activity and deficiencies corrected.

As Occur MOW MIS Grade Crossing Incident/Accident Report

Grade Crossing Report as filed upon occurrence of an accident or incident or crossing activation failure.

As Occur MOW MIS Maintenance Crew Daily Report Record of activity performed by each maintenance crew

As Occur MOW MIS Report of Rail Failure/Replacement Due to Wear

Record of all Rail replaced, as replacement occurs

As Occur MOW MIS Report of False Proceed Report any false proceed within 24 hours of occurrence. Final report with results of investigation shall be submitted within 15 days of the false proceed, using FRA F 6180-14

As Occur MOW MIS Report of FRA Signal and Train Control Inspection

Report each FRA Signal and Train Control Inspection within 24 hours of occurrence. Final report indicating corrective action taken by Amtrak shall be submitted within 48 hours of the initial report.

Page 1 of 6 Reports and Deliverables


January 2008

Report Frequency


As Occur MOW MIS Written Notice of Emergency C&S Modification

Report any emergency C&S modifications; plan and schedule for installation of permanent modification; discussion of situation requiring emergency modification.

As Occur MOW MIS Report of FRA code violation Report any FRA code violation.

As Occur MOW MIS Fixed Asset Record Form For every asset, when acquired, information to support financial accountingof fixed asset inventory.

Requests MOW MIS Track Outage Request Request to the department for Track Outage Requests MOW MIS Temporary Speed Restriction

RequestSchedule for removal; serves as basis for penalties

Retained by Contractor

MOW MIS Track Disturbance Report Record of all Track Disturbances to CWR Track


MOW MIS Summary to Track Disturbance Record each incidence of tract disturbance


MOW MIS Report of FRA Test Compliance List all FRA required inspections or tests on signal apparatus, with the Route, Location, FRA rule or test number, test due, test completed date.


MOW MIS All C&S Test and Inspection Reports

Record each test and inspection in accordance with C&S Required Forms

Retained by MOW MIS Welded Rail Distressing Report Record of all incidents with Rail StressRetained by Contractor

MOW MIS Quarterly Joint Drawbridge Inspection

Report inspection and test results of quarterly drawbridge inspection, held jointly with track, electrical, structures, and C&S personnel.


MOW MIS Bridge Inspection Report Record all Bridge Inspections performed by Contractor


MOW MIS Grade Crossing Condition Report Record of each Grade Crossing Inspection; used to develop grade crossing replacement program.


MOW MIS Drawbridge Opening and Failures Report any occurrences of drawbridge opening failures


MOW MIS Fire Protection Systems Tests Report of fire protection system test results within 15 days of testing date.


MOW MIS Lamp Changeout Records Apparatus Identification Number; lamp changeout date



January 2008

Report Frequency


Quarterly MOW MIS Drainage Area Inspection Report Record drainage area inspections. Covers under culverts & structures

As Occur MOW MIS Catch Basin Hazardous Wastes Reporting

Report shall contain, for each employee, identification of specific training programs, training session and names and test results of Contractor Personnel who participated

As Occur MOW MIS Oil or Hazardous Materials Release Reporting

Report releases of oil or other hazardous materials that exceed applicable reporting quantity, within 24 hours of the release.

As Occurs MOW MIS Permit Noncompliance Report Malfunction of drainage system, noncompliance with a permit condition, identification of conditions requiring non-scheduled cleaning, evidence of a spill or contamination, indication of defective system components - immediate notification.

As Required MOW MIS Chemical Use Report As required: Hazardous Waste Biennial Reports.

All reports shall be provided in both written and electronic format.



January 2008

Report Frequency


Monthly MOW MIS Materials Transaction LedgerMonthly MOW MIS Perpetual Inventory by Store/StockMonthly MOW MIS Perpetual Inventory Difference ListingMonthly MOW MIS Material Payment Account StatusMonthly MOW MIS Inventory on Hand and Usage AnalysisMonthly MOW MIS Negative Balance ReportMonthly MOW MIS Open Transfers Pending AcknowledgementMonthly MOW MIS Item Below Reorder PointMonthly MOW MIS Transfer Activity Shipped by and Acknowledged

byMonthly MOW MIS Inventory Loss Report Report all inventory lost due to theft, accident

or vandalismSemi-Annual

MOW MIS Inventory Valuation Report Excel format electronic file of all inventory items, quantities, and value

On-Line MOW MIS Inventory Report Material inventory



January 2008

Report Frequency Source System Report Name Report DescriptionMonthly Annual

Human Resources MIS

Training Report Summary Report shall contain, for each employee, identification of specific training programs, training session and names and test results of Contractor Personnel who participated

Monthly Human Resources MIS

Employee Safety Report A Personnel safety report, detailing any Contractor Personnel accidents during the immediately preceding month (including the name of the affected Contractor Personnel, the nature of the accident and any corrective actions taken or recommended to be taken by Contractor in order to avoid similar accidents in the future), lost productivity (measured in person-hours) on account of accidents during such month and damage to Service Equipment, Service Property, or Support Property during such month.

Monthly Annual

Third Party Injury Claims Report containing all third party claims made against rail service for injury. Report shall include name, date of injury, amount claimed, location of incident, cause of incident, amount paid, nature of claim, date of claim, and settlement date.

Monthly Annual

Third Party Property Damage Claims

Report containing all third party claims made against rail service for property damage. Report shall include name, date of inquiry, amount claimed, location of incident, cause of incident, amount paid, nature of claim, date of claim, and settlement date.

As Occurs Imposition of Fines Notify FDOT of any fines imposed by any governmental authority or regulatory agency

Daily Service Delay Report type of service delay, all trains affectedAs Occurs Service Disruption Summary type of Service Disruption; impacts on trains; chronology of eventsAs Occurs within 24 hours or restoration of service

Service Disruption Detail Report

type of Service Disruption; impacts on trains; and equipment numbers involved; employee information; alternate transportation provided

As Occurs within 2 weeks

Service Disruption Preliminary Analysis Report

chronology of events; statements from employees; findings; lessons learned

As Occurs at Service Disruption - Final complete report of findings, tests; recordings; effectiveness; etc.Annual MOW MIS Incident/Accident Report

SummaryRecord of each incident or accident

Notification Reporting

Claims and Fines Reporting



January 2008

Program Plan or Deliverables Name Due Dates Event Update Event

BASE AGREEMENTMobilization Services Plan during Mobilization noneOrganization Chart with Staff names of Management Personnel 30 days After Notice to Proceed Up to date at all times

Joint Audit of Service Property, Service Equipment, Support Property, Support Inventory; document for post-contract transition

60 days after Notice to Proceed Annually

Information Management Plan 60 days After Notice to Proceed August 30thProgram for Permit, License, & Certificate Recordkeeping 90 days After Notice to ProceedElectrical Testing and Maintenance Rules and Procedures 90 days After Notice to ProceedHealth and Safety Plan for Contractor Personnel 90 days After Notice to Proceed August 30th Agreement YearEmployee timetable and associated documents 90 days After Notice to Proceed (immediately) (prior to in-service date)Hazardous Waste Policies and Procedures 90 days Before Commencement Up to date at all timesEmergency/Spill Response Plan 90 days Before Commencement August 30th Agreement YearSystem Safety Program 90 days Before Commencement October 1stSystem Security Program to detail security policies, procedures and programs; to include vehicle control system, plan for restricting access to building and facilities

90 days Before Commencement October 1st

Contingency plan for strike or work stoppage 90 days Before Commencement August 30th

Emergency Preparedness Plan 90 days Before Commencement within 7 days of submitting changes to FRA

Emergency Reponses Plan for Storms and Other Natural Occurrences 90 days Before Commencement August 30th Agreement YearInventory Maintenance Plan 60 days Commencement Date February 1st Agreement YearTraining Program Plan 60 days Before Commencement August 30thGuidelines for D&A testing 60 days Before Commencement August 30thInitial Inventory of Support Property & Support Inventory - attach as new Exhibit 7 days Before Commencement

Electronic Asset Inventory of Service Property 6 months After Commencement 7 days any change

Maintenance of Way Services Plan 60 Days After NTP August 30th Agreement YearEnvironmental Services Work Plan 60 days Notice to Proceed February 1st Agreement Year

Storm Specific Plan prior to each storm

Annual Audit of Support Property

Annual Audit of Support Property Annually August 30thForce Account Work Plan October 1st Agreement YearCapital Improvement Plan October 1st Agreement Year

Current Line Plans, Track Charts, and Interlocking Books March 1st Agreement YearTechnical reference books and materials necessary to oversee compliance with Agreement Service

30 days any change, or upon request from FDOT

Micro Station As-Built Plans 30 days Placed into Service Micro Station Engineering and Survey Work 30 days Placed into ServiceMicro Station C&S Modifications 30 days Placed into ServiceMicro Station As-Built Plans - Circuitry for Systems 30 days Placed into ServiceUpdated Field Plans 30 days Placed into ServiceConstruction and Valuation Plan Updates 30 days Placed Into ServiceInsurance Policies 30 days Upon Request


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