Town Council

Amended at 10:12am on 2/24/25 TOWN of SUMMERVILLE, sc Special Called Council Meeting Council Chambers – 200 South Main Street, Summerville, SC 29483 Tuesday, February 25, 2025 – 11:00am AGENDA 1. Call to Order 2. Authorization for Town Administrator to approve the amended force account estimate of $702,018 from Norfolk Southern for at-grade crossing widening expenses associated with the North Maple Street Project. 3. Authorization to issue a purchase order to North Carolina Railway Service in the amount of $120,525 for flagging service connected with North Maple Street Project. Repayment to come from the Roads Fund. 4. Adjourn Meeting will be livestreamed from www.summervillesc.gov  FORCE ACCOUNT ESTIMATE Work to be Performed By: Norfolk Southern Railway Company For the Account of: Town of Summerville Project Description: S-131 (North Maple Street) At-grade Crossing Widening Location: Summerville, SC Project No.: PID P030733 Milepost: SC-229.6 (Coastal) File: CX1113215 Date: February 7, 2025 ITEM A - Preliminary Engineering 0 ITEM B - Construction Engineering 62,184 ITEM C - Administration 4,155 ITEM D - Railroad Protective Services 0 ITEM E - Communications 0 ITEM F - Signal & Electrical 498,370 ITEM G - Track Work 137,310 ITEM H - T-Cubed 0 Total $ 702,018 Contingency 0% $ - GRAND TOTAL $ 702,018 ITEM A - Preliminary Engineering (Review plans and special provisions, prepare estimates, etc.) Labor: 0 Hours @ $60 / hour= 0 Labor Additives: 0 Travel Expenses: 0 Services by Contract Engineer: 0 NET TOTAL - ITEM A $ - ITEM B - Construction Engineering (Coordinate Railway construction activities, review contractor submittals, etc.) Labor: 40 Hours @ $60 / hour= 2,400 Labor Additives: 2,684 Travel Expenses: 2,500 Services by Contract Engineer: 54,600 NET TOTAL - ITEM B $ 62,184 ITEM C - Administration Agreement Construction, Review and/or Handling: 2,460 Protective Services Process/Handling Fee: 0 Miscellaneous Handling (i.e. Real Estate ValMap fee): 0 Accounting Hours (Labor): 20 Hours @ $40 / hour= 800 Accounting Additives: 895 NET TOTAL - ITEM C $ 4,155 ITEM D - Railroad Protective Services (During construction on, over, under, or adjacent to the track.) Labor: Protective Services 0 days @ 435.00 per day= 0 (based on working 12 hours/day) Labor Additive: 0 Travel Expenses, Meals & Lodging: 0 days @ $100/day= 0 Rental Vehicle 0 months @ $950/month= 0 NET TOTAL - ITEM D $ - ITEM E - Communications Material: 0 Labor: 0 Purchase Services: 0 Subsistence: 0 Additive: 0 NET TOTAL - ITEM E $ - ITEM F - Signal & Electrical Material: 207,880 Labor: 105,125 Purchase Services: 26,963 Other: 158,402 NET TOTAL - ITEM F $ 498,370 ITEM G - Track Work Material: 97,640 Labor: 12,280 Additive: 20,292 Purchase Services: 7,098 NET TOTAL - ITEM G $ 137,310 ITEM H - T-CUBED Lump Sum $ - NOTES 1. For all groups of CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance) is 272.34%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 2. For all groups of NON-CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance is 111.82%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 3. All applicable salvage items due the Department will be made available to it at the jobsite for its disposal. 4. The Force Account Estimate is valid for one (1) year after the date of the estimate (02/07/2025). If the work is not performed within this time frame the Railway may revise the estimate to (1) include work not previously indicated as necessary and (2) reflect changes in cost to perform the force account work. CONSTRUCTION ENGINEERING ESTIMATE Date: February 7, 2025 Location: Summerville, SC Description: Widening of S-131 (North Maple Street) Milepost: SC-22.96 (Coastal) DOT Number: 721470Y NSC File No: CX1113215 SCDOT No: TGS File No: 2023017.2 LABOR COST* Project Project Sr. Field Admin. Task Principal Manager Engineer Inspector Assistant $215.68 /hr. $158.16 /hr. $142.63 /hr. $125.57 /hr. $140.91 /hr. Start-of-Work Meeting 2 12 2 Construction Inspection 4 16 200 2 Daily Inspection Reports 8 20 2 Project Coordination 4 4 8 2 Final Inspection 12 12 2 Close-out Documentation 4 8 2 Labor Summary By Classification: 24 12 34 244 12 Labor Cost By Classification: $5,176.32 $1,897.92 $4,849.42 $30,639.08 $1,690.92 Labor Subtotal: $44,253.66 NON-LABOR DIRECT COST Quantity Unit Cost Total Item Postage, Shipping, Reproduction, and other expenses $40.00 Individual/Company Vehicle Mileage (Round Trip) 500 miles 22 trip(s) $0.700 $7,700.00 Individual Subsistence (meals + lodging) (per day) 22 day(s) $120.00 $2,640.00 Direct Cost Subtotal: $10,380.00 TOTAL COST ESTIMATE**: $54,600.00 * Rates Per Our 2025-2027 Service Contract ** Rounded Down to Nearest $100  08-Apr-20 Detailed Estimate for Grade Crossing Warning Devices City/State: SUMMERVILLE, SC Road: MAPLE ST./SR 131 MilePost: SC-22.96 DOT/AAR: 721470Y State Proj. No.: PID P030733 County: DORCHESTER S&E Proj. No.: 11.0974 File Number: 061-11.0369 Man Days: 240 ***Purchases - Others*** Meals and Lodging: $34,561.73 Rental of Equipment: $47,245.75 (2 Trucks, 1 Backhoe w/ Trailer and 1 Pipe-Pusher for 40 Days) Construction Supervision Vehicle: $7,227.02 Purchases - Other Total: $89,034.50 ***Material And Additives*** Material Cost: $175,426.07 Sales and Use Tax: $14,911.00 Material Handling Freight: $17,542.61 Material Total: $207,879.68 ***Labor And Additives*** Labor Cost: $81,360.00 (6 man crew at $2,034.00 a day for: 40 days) Payroll Tax & Overheads: $69,367.54 Preliminary Engineering: $26,962.54 Construction Supervision: $23,765.26 Labor Total: $201,455.34 Project Cost: $498,369.52 Scrap / Salvage Credit: $0.00 Project Total: $498,369.52 Estimated on: 08-Apr-20 Estimated by: Q2SUJ Estimate valid for 1 year from date of estimate  Norfolk Southern Railway Highway Crossing Signalization Program - Material List Do not substitute items without permission from S & E Engineering City: SUMMERVILLE Road: MAPLE ST./SR 131 Mile Post: SC-22.96 Drawing Number: State ProjectNumber: County: DORCHESTER A A R Number: 721470Y Project Number: 11.0974 File Number: 061-11.0369 New File Number: CX0102455 WBS: F-06664 Store Number: Supervisor: UNKNOWN Tax Code: Vendor to supply the following copies after pricing: 1 Set - Material Management with original Invoice 2 Sets - with plans shipped in car with material 1 Set - S&EGen. Supt. Construction w/copy of invoice Friday, March 27, 2020 1:58 PM Page: 1 of 6 Location: SUMMERVILLE SC S&E Proj. No.: 11.0974 AFE No.: F-06664 Drawing No.: Store No.: P.O.Number: Date Required: Date Shipped: Vendor: Xorail Quantity Installed Quantity Price Quantity Date Date Date Returned Special Qty. Class-Item-CD UI per Item Total Price Item Description Shipped Quan. Quan. Quan. (Credit) Instructions 3 670-360693-4 EA $6.05 $18.15 AAR/DOT NUMBER PLATE/DECAL, ORDER 3 PER PROJECT. 60 DAY LEAD TIME. SUPPLIED BY S'TRAN. 1 165-006505-4 EA $1,410.25 $1,410.25 AC SERVICE, COMPLETE LESS METER BASE, ASSEMBLED ON 30' POLE 27 670-001196-4 EA $47.30 $1,277.10 ARRESTER, LIGHTNING SOLID STATE ERICO P/N EPD2050F 1 000-000007-4 EA $9,000.00 $9,000.00 BACKHAUL COLLECTOR 20 105-002620-4 EA $248.79 $4,975.80 BATTERY, NICAD 340AH, MODEL SPL340 1 670-503047-4 EA $214.50 $214.50 BELL, CROSSING ELECTRONIC GENERL SIGNAL, EB-3-360-5 CR 02-044350 4 670-980689-4 EA $74.80 $299.20 BRACKET HIGH WIND, (RIGID 3'), WIG- 191036, WALRUS TUSK TYPE 2 670-561375-4 EA $1,197.90 $2,395.80 BRACKET, GATE SAVER, NEG385102GS, SPRING LOADED SWING AWAY ADAPTER FOR FIBERGLASS/ALUMINUM GATES, USE WITH GATE 38' AND LESS 500 465-939422-4 LF $3.01 $1,505.00 CABLE, UG 12 CONDUCTOR NO 14 AWG SOLID EACH CONDUCTOR WITH 5/64 IN INSULATION 10 MIL 1000 465-292862-4 LF $1.36 $1,360.00 CABLE, UG 2-6 TWISTED, S-23 OKONITE 113-12-3933 SOLID TINNED CONDUCTOR 800 465-292929-4 LF $4.12 $3,296.00 CABLE, UG 5 COND. NO. 6 AWG SOLID COPPER CABLE TO MEET NS CORP. SPEC. FOR SIGNAL 450 465-954727-4 LF $1.89 $850.50 CABLE, UG 7 CONDUCTOR NO 14 AWG SOLID EACH CONDUCTOR WITH 5/64 IN INSULATION 10 MIL FLAT 350 465-791835-4 FT $3.97 $1,389.50 CABLE, UG AC ENTRANCE 3C#6-7X OKONITE FMPF-L 094-078 TR W/G 1 X 8 7X W010 BRZ TAPE 600V PRODUCT CODE 206-11- 6070 2 670-064643-4 EA $5,253.30 $10,506.60 CANTILEVER, WT/F ARM 22’ W/WALKWAY KIT SAFTRAN #071294-22NS2 1 670-010671-4 EA $731.50 $731.50 CHARGER, BATTERY CRAGG MODEL 40 DTC-12V, 40 AMP, P/N 520940 1 670-010672-4 EA $951.50 $951.50 CHARGER, BATTERY CRAGG MODEL 60 DTC-12V, 60 AMP, P/N 520960 APPROVED BY STATE APPROVED BY RAILROAD CAR NUMBER SEAL NUMBER Friday, March 27, 2020 1:58 PM Page: 2 of 6 Location: SUMMERVILLE SC S&E Proj. No.: 11.0974 AFE No.: F-06664 Drawing No.: Store No.: P.O.Number: Date Required: Date Shipped: Vendor: Xorail Quantity Installed Quantity Price Quantity Date Date Date Returned Special Qty. Class-Item-CD UI per Item Total Price Item Description Shipped Quan. Quan. Quan. (Credit) Instructions 4 670-664917-4 EA $71.49 $285.96 CONNECTOR KIT, WELDED FAR RAIL, CONSISTING OF RUBBER HOSE PROPERLY DRILLED, BONDSTRAND, 1 SPLICING SLEEVE, 1 REDUCING SLEEVE, 3 CLAMPS, 1 TRACK CLIP, 1 WEB WELDED TRACK CONNECTOR, 1 WELD METAL, SAFETRAN 111359-2X 4 670-632520-4 EA $57.38 $229.52 CONNECTOR KIT, WELDED NEAR RAIL, CONSISTING OF, RUBBER HOSE PROPERLY DRILLED, BONDSTRAND, SPLICING SLEEVE, 1 REDUCING SLEEVE, 5 CLAMPS, 1 TRACK CLIP, 1 WEB WELDED TRACK CONNECTOR, 1 WELD METAL, SAFETRAN 111359-1X 2 670-794453-4 EA $1,345.92 $2,691.84 COUNTERWEIGHT PKAGE, 25-31'GATE S'TAN S- MECH ONLY, STAINLESS TO INCLUDE HUB, SUPPORT ARMS 8 670-760012-4 EA $41.80 $334.40 COVER, FOR 1 WAY FLASHING LIGHT ASSY. 18 OZ. BLACK VINYL COATED NYLON. ====TO COVER 2 LAMPS==== 1 670-986650-4 EA $355.00 $355.00 DISPOSAL, CONSTRUCTION DEBRIS AND CLEANING X'ING EQUIPMENT CONTAINER 1 670-007684-4 EA $830.49 $830.49 DRIVER, TRACK, MODEL TD-4 ELECTRO PHEUMATIC CORP. FOUR OUTPUTS 2 670-228165-4 EA $13.71 $27.42 EQUALIZER, SAFETRAN 022700-1X LESS BASE, MODERN NO. 700-1 SHUNT ARRESTER TRACK CIRCUITS CR 02-197950 1 670-000004-4 EA $700.00 $700.00 FCC LICENSE FOR MONITOR/RADIO 10 670-000003-4 EA $255.85 $2,558.50 FILL/STONE #57, QUANITY IS BASED ON TRUCK LOAD PLUS DELIVERY COST 1 670-931453-4 EA $89.93 $89.93 FOULING KIT, SWITCH SERRMI A1000-6 1 670-744631-4 EA $3,270.80 $3,270.80 FOUNDATION, CFLS FOR SAFETRAN MODEL "WT/F" ARMS 12' TO 30' SINGLE MAST, DIXIE# DP4B-SM12-26-4, 5'10" CR 02- 205902 3 670-015231-4 EA $613.80 $1,841.40 FOUNDATION, DIXIE,S-2 GATE 2'6"X2'6"X5'6" ASSEMBLED 2 670-005378-4 EA $408.65 $817.30 GATE ARM, ALUMINUM, 25-31 FT, ARM ASSEMBLY, INCLUDES GATE GUARD FOR GATE LIGHT CABLE. HIGH INTENSITY VERTICAL STRIPES. 1 670-976662-4 EA $38,038.87 $38,038.87 GCP4000 FOR 6X6 XING 1 TRK (2 TRK CHASSIS), REDUNDANT, WIRED RACK FOR 6X6 FARADAY, 2 EA SSCCIII I, 2 EA 20 AMP CRAIG CHARGER, WITH SEAR III I, 2 RELAY RACKS, SAFETRAN T18807. APPROVED BY STATE APPROVED BY RAILROAD CAR NUMBER SEAL NUMBER Friday, March 27, 2020 1:58 PM Page: 3 of 6 Location: SUMMERVILLE SC S&E Proj. No.: 11.0974 AFE No.: F-06664 Drawing No.: Store No.: P.O.Number: Date Required: Date Shipped: Vendor: Xorail Quantity Installed Quantity Price Quantity Date Date Date Returned Special Qty. Class-Item-CD UI per Item Total Price Item Description Shipped Quan. Quan. Quan. (Credit) Instructions 4 640-436003-4 EA $289.87 $1,159.48 JOINT, INSL 132RE 6H 1Q POLY 38IN DRLD 6-7 1/2-5 9/16-7 1/2-6 1 670-018333-4 KT $1,107.52 $1,107.52 KIT, FOREMAN CROSSING SIGNAL (INCLUDES 10-757356, 10- 841068, 2-899801, 2-904890, 50-917900, 32-840003, 1-003360, 1- 809007, 2-754202, 55-938285, 2-204244, 2-656656 , 50-917869, 1- 005458, 2-810339, 1-447991, 2-805560, 1-330382, 1-986008, 100 WHITE TAGS AND 2 670-092155-4 EA $176.00 $352.00 LAMP ASSY, LED GATE ARM KIT (INCLUDES 3 LAMPS COMPLETE WITH CABLES AND MTG. HARDWARE) REC #: 9298- 1120 1 670-005054-4 EA $986.35 $986.35 LAMP ASSY, LED, 12” MAST 1 WAY FRONT LIGHTS (IPN: 042003- L489XNS) 1 670-005057-4 EA $1,008.69 $1,008.69 LAMP ASSY, LED, 4” CANT JURY ARM MAST (FRONT OR BACK) (IPN: 042003-L001534) 1 670-005065-4 EA $1,875.22 $1,875.22 LAMP ASSY, LED, 4” MAST BACK TO BACK LIGHTS (IPN: 042003- L485XNS) 1 670-005066-4 EA $1,019.80 $1,019.80 LAMP ASSY, LED, 5” MAST 1 WAY BACK LIGHTS (IPN: 042003- L001493) 1 670-005058-4 EA $1,892.88 $1,892.88 LAMP ASSY, LED, 5” MAST BACK TO BACK LIGHTS (IPN: 042003- L487XNS) 4 670-440826-4 EA $1.18 $4.72 LINK, SAFETRAN 024620-1X INSL TESTING COMP 1 IN CENTER SIGNAL CIRCUITS CR 02-286662 2 670-442062-4 EA $3.10 $6.20 LINK, TEST SAFETRAN 024620-4X COMP FOR MTG ON AAR TERM 2-3/8" CENTER W/SPECIAL NUT & CLAMP NUT 1 670-131360-4 EA $522.24 $522.24 MAST, (WT/F) KIT FOR MOUNTING 1-WAY (90 DEG LEFT) TIP LANE LIGHT ON WT/F CANTILEVER, SAFETRAN P/N 041442- X132 1 670-201210-4 EA $8,710.07 $8,710.07 MAST, 12” CANTILEVER, FOR 21’-30’ WT/F ARMS, INCL. LADDER KIT (IPN: 071271-30NS) 1 670-146525-4 EA $1,721.49 $1,721.49 MAST, 5" ALUMINUM 22' (0&0) SIDE LIGHT BRACKET HOLE @ 0, W/DBL. JCT. BOX BASE SAFETRAN #070519-X601 1 670-135958-4 EA $1,751.31 $1,751.31 MAST, 5" ALUMINUM 22' WITH DOUBLE JCT. BOX BASE. SAFETRAN 070519-X598 APPROVED BY STATE APPROVED BY RAILROAD CAR NUMBER SEAL NUMBER Friday, March 27, 2020 1:58 PM Page: 4 of 6 Location: SUMMERVILLE SC S&E Proj. No.: 11.0974 AFE No.: F-06664 Drawing No.: Store No.: P.O.Number: Date Required: Date Shipped: Vendor: Xorail Quantity Installed Quantity Price Quantity Date Date Date Returned Special Qty. Class-Item-CD UI per Item Total Price Item Description Shipped Quan. Quan. Quan. (Credit) Instructions 1 670-000985-4 EA $333.48 $333.48 MAST, SIDELIGHT BRACKET F/5"MT. HARMON @225834-XXX, SAFETRAN 041442-26X, 2 670-521147-4 EA $3,850.87 $7,701.74 MECHANISM, GATE MODEL S-40, WITH CONTACT HEATER, COMPLETE W/RELAY S'TRAN # 074000-W00090 10 670-000001-4 EA $726.23 $7,262.30 MISC. EXPENSE, MATERAIL/FILL 1 670-000019-4 EA $2,000.00 $2,000.00 MISC. EXPENSE, RELOCATION OF RAIL LUBRICATOR WITHIN APPROACH 4 670-000007-4 EA $307.02 $1,228.08 MISC. EXPENSE, TRACK WORK (I.E. INS JTS, RODS, ETC.) 1 000-000000-4 EA $7,000.00 $7,000.00 MISC. EXPENSE, UNDERGROUND BORING 1 670-001355-4 EA $81.25 $81.25 PACKAGE, HARDWARE SIGN 12 IN. (USE WITHWT/F MAST) MOUNTING, SERRMI A1250-8, HARMON @180004/0007, 1 670-207365-4 EA $105.58 $105.58 PACKAGE, HARDWARE SUPPORT FOR MOUNTING CROSSING SIGN ON WT/F CANTILEVER ARM 21'-40', SAFETRAN P/N 071279 -X11 5 670-018542-4 EA $47.30 $236.50 PADLOCK, ABLOY 5/16" X 1" SHACKLE CLEARANCE KEYED FOR C&S DEPT USE; INCLUDES ETCHING; 1 255-646807-4 EA $32.92 $32.92 PADLOCK, SAFETRAN PART NO. 030399-29X SCREW TYPE FOR CIR CONTROLLER AND BTY. BOX 1 670-514605-4 EA $13.56 $13.56 PINNACLE, W-C SECT 1-11, 4"& 5" REF K1 110-8 OR SAFETRAN NO. @035045-503X 1 670-259211-4 EA $62.85 $62.85 PLUG BOARD KIT, TYPE B-1 & VOLTAGE TEST TERMINAL, SAFETRAN 420000-75X 1 165-018451-4 EA $267.11 $267.11 PROTECTOR, 12VDC, AAR MOUNT LPC 10593-9 LIGHTNING PROTECTION CORP. 1 670-602559-4 EA $130.90 $130.90 RECTIFIER, ELECTRO-PNEUMATIC TRACK MODEL NO RING-10 TYPE C TRACK CIRCUIT 4 465-002899-4 EA $46.37 $185.48 REEL, CABLE DISPOSABLE FOR CROSSING SIGNAL PACKAGES 1 670-456936-4 EA $157.61 $157.61 RELAY RACK, SWING, FARADAY SHELTER FOR ONE RELAY, SSFETRAN P/N T15331 1 670-708282-4 EA $587.20 $587.20 RELAY, TYPE B1, TRACK 4 OHM .85A GRS A62-276, S'TRAN 400011 APPROVED BY STATE APPROVED BY RAILROAD CAR NUMBER SEAL NUMBER Friday, March 27, 2020 1:58 PM Page: 5 of 6 Location: SUMMERVILLE SC S&E Proj. No.: 11.0974 AFE No.: F-06664 Drawing No.: Store No.: P.O.Number: Date Required: Date Shipped: Vendor: Xorail Quantity Installed Quantity Price Quantity Date Date Date Returned Special Qty. Class-Item-CD UI per Item Total Price Item Description Shipped Quan. Quan. Quan. (Credit) Instructions 1 670-019623-4 EA $27,903.68 $27,903.68 SHELTER, WIRED XING 6X6 PTMW 91000778, 10,000 BTU AC AND 1000W HEATER, WITH HEAVY DUTY HASP AND 36 IN TERMINAL BOARD 3 670-586967-4 EA $29.68 $89.04 SHUNT COVER W/LAG SCREWS, 19"X19", SERRMI #40271, ORDER 1 PER SHUNT 2 670-016312-4 EA $697.62 $1,395.24 SHUNT, MULTI-FREQ. #250849-004 FSS-1E ALSTOM NARROW BAND (211, 285, 348, 430, 525) 2 670-554843-4 EA $82.69 $165.38 SIGN, 2 TRACK SIGN, HIGH INTENSITY, SAFETRAN #035207- 2HX 3 670-016346-4 EA $154.53 $463.59 SIGN, X-BUCK, HI-INTENSIVE REFLECTIVE FRT. & BACK FOR ALL STATES, SAFETRAN# 035200-91X 1 670-397239-4 EA $33.66 $33.66 SIGN, CROSSING ENS MALFUNCTION ASSEMBLY FOR 12" MAST, SAFETRAN #T17216 1 670-393331-4 EA $30.58 $30.58 SIGN, CROSSING ENS MALFUNCTION ASSEMBLY FOR 4" AND 5" MAST, SAFETRAN #T17215 39 670-018188-4 EA $42.35 $1,651.65 TERMINAL BLOCK, THRU POST WITH HARDWARE LESS LIGHTNING ARRESTER. SIEMENS P/N NYK: 023275-17X. 11 670-007238-4 EA $175.99 $1,935.89 UNIT, THE INSTALLATION AND WIRING OF A DEVICE WHICH REQUIRE A MINIMUM OF FOUR WIRE CONNECT- Total Material: $175,426.07 APPROVED BY STATE APPROVED BY RAILROAD CAR NUMBER SEAL NUMBER Friday, March 27, 2020 1:58 PM Page: 6 of 6 Norfolk Southern Railway Company Existing Crossing Piedmont Division DOT Number: 721470Y Summerville, Dorchester County, SC MP: SC-22.96 ESTIMATE FOR CROSSING IMPROVEMENT (ASPHALT SURFACE) Crossing surface widening, North Maple St 2 TRACK(S); 72 CROSSING LENGTH MATERIAL QUANTITY UNIT UNIT COST AMOUNT SURFACE MATERIAL (Rubber Flangeways ) 144 TRK. FT. 75.00 10,800 ASPHALT (BY CONTRACTOR) 107 TONS 110.00 11,732 RAIL, 136-LB RE 480 LIN FT. 22.00 10,560 TRANSITION RAIL 8 EA. 1,140.00 9,120 INSULATED JOINTS 0 EA. 1200.00 0 RAIL ANCHORS 608 EA. 1.50 913 SPIKES 6.0 KEG 115.00 690 TIE PLATES 400 EA. 15.00 6,000 CROSSTIES (10') 0 EA. 75.00 0 CROSSTIES (GRADE 5) 200 EA. 55.00 11,000 BALLAST AND GRAVEL 248 TONS 35.00 8,680 GEOTEXTILE 0 LIN FT. 7.00 0 THERMITE WELDS 24 EA. 550.00 13,200 ASPHALT DISPOSAL 1 LUMPS 5,000.00 5,000 TRAFFIC CONTROL 0 LUMPS 6,500.00 0 _______ TOTAL (INCLUDES 5% INVENTORY OR TAX ADDITIVES) 97,640 LABOR Safety factor for MH REMOVE EXISTING CROSSING 90 MAN HOURS 28.00 2,520 REHABILITATE TRK. STRUCTURE 150 MAN HOURS 28.00 4,200 INSTALL NEW CROSSING 150 MAN HOURS 28.00 4,200 _______ TOTAL 10,920 OTHER ITEMS Rail TON 35 0 Scrap TON 35 0 _______ 0 COMPOSITE LABOR ADDITIVE (185.81) 20,292 EQUIPMENT RENTAL & TRANSPORTATION 7,098 PRELIMINARY & CONSTRUCTION ENGINEERING SERVICES AND INVOICE 1,360 ________ TOTAL (TO BE BILLED TO PROJECT SPONSOR) $137,310 ESTIMATE BASED ON TRAFFIC CONTROL AND BARRICADES BEING PROVIDED BY OTHERS, AND FULL CLOSURE OF ROAD. PAVING BY CONTRACTOR. This estimate is valid for one (1) year after the date of estimate. If work is not performed within this time frame the Railway may revise the estimate to include work not previously deemed necessary. This estimate shall not be considered as an approval for a temporary crossing. Information provided is an estimation of the anticipated cost for the construction of the crossing only. All temporary construction crossings require a separate approval from Norfolk Southern’s General Manager and Division Superintendent, a separate stand alone temporary construction crossing agreement with associated real estate fees, and all required insurances as noted in the in the temporary construction crossing agreement. OFFICE OF CHIEF ENGINEER, BRIDGES AND STRUCTURES - ATLANTA, GEORGIA Thursday, February 6, 2020 File: CX1113215  FLAGGING SERVICES AGREEMENT (OFF NCRR CORRIDOR) THIS AGREEMENT is made by and between NC Railway Services, LLC (“NCRS”), a North Carolina corporation, Town of Summerville, a South Carolina government entity (“Town”) and Blythe Development, LLC, a North Carolina corporation who is the Town’s Contractor, (“Contractor”) as described in Exhibit A, Scope of Services (“Scope of Services”) which is incorporated herein and made a part hereof (collectively, the “Agreement”). This Agreement is effective on the date the last party to this Agreement executes it (the “Effective Date”). 1. Services. NCRS, a flagging contractor approved by Norfolk Southern Railway, agrees to recruit and provide a Roadway Worker In Charge (“RWIC”) to provide railroad protective services as described in the Scope of Services and Schedule sections in Exhibit A, attached hereto and executed by Contractor, Town, and NCRS. Such RWIC services are hereinafter referred to as “Services.” The RWIC shall be responsible for providing his or her own protective clothing. NCRS shall provide to Contractor other equipment as provided in Exhibit A for use by the RWIC in providing the Services. 2. Rate of Payment for Services. Town agrees to pay NCRS for Services covered by this Agreement in accordance with the rates and compensation information set forth in the Scope of Services. 3. Payment to NCRS. The estimated cost of the NCRS Scope of Services covered by this Agreement is $120,525.00, as shown in the attached estimate, dated February 18th, 2025, and made a part hereof (“Estimate”). The Town agrees to pay the total estimated cost of NCRS’s work as itemized in the attached Estimate, dated February 18th, 2025, amount $120,525.00, within 14 days of the Effective Date. NCRS will not perform any services until Town’s Payment is deposited as instructed in Exhibit A. It is understood that the Estimate is valid for one (1) year from the estimate date. If the work is not performed within one (1) year from the estimate date, NCRS may revise the Estimate to include rate increases. Upon completion of NCRS’s Services, NCRS agrees to provide the Town a statement indicating the costs charged against the Estimate. If NCRS determines that the advance payment of the Estimate will not cover the Services requested by Contractor under this Agreement, NCRS will provide the Town a new estimate detailing the additional payment required for NCRS to continue to perform the Services. Advanced payment in full of the new estimate is required for NCRS to continue the Services. If the actual cost of Services performed by NCRS is less than any estimated amount pre-paid by Town, NCRS agrees to reimburse the Town the difference within thirty days after receiving a notice from Town that Services under this Agreement are complete. Contractor shall on a weekly basis report to NCRS the number of hours worked by the RWIC. 4. NCRS’s Independent Contractor Status. NCRS is an independent contractor and neither NCRS, NCRS’s staff, nor any of NCRS’s contractors are or shall be deemed to be employed by the Contractor or Town. The Contractor and Town are hereby contracting with NCRS for the Services described in the Scope of Services, and the RWIC shall be responsible for determining the method, manner, and means by which the Services will be performed. Contractor or Town may terminate the services of the RWIC at will but Town shall be responsible for paying for Services rendered prior to termination. If the RWIC is terminated while the RWIC is on the property where the Services are being performed, the Contractor shall place personnel and property in a safe condition, vacate the property, and no further work shall be performed until an approved RWIC is present on the property to continue protective services. NCRS shall bear no cost arising from the termination of a RWIC by the Contractor or Town. 5. Representatives. The individuals named in the Contractor and Town Representative section of the Scope of Services or the Contractor and Town Representatives who sign this agreement shall represent the Contractor and Town during the performance of this contract with respect to the services and deliverables defined herein and has the authority to execute written modifications or additions to this Agreement. 6. Disputes. a. Any disputes that arise between the parties with respect to the performance of this Agreement shall be submitted to Mediation. The Mediator shall be mutually agreed upon by the parties and the Mediation fee equally divided between the parties. Mediation shall be governed by the laws of the State of South Carolina. 7. Taxes. Any and all taxes, except income taxes, imposed or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, shall be paid by the Contractor. 8. Liability. To the maximum extent allowed by law, the Contractor shall indemnify and save harmless NCRS, its parents, successors, assigns, officers, contractors, agents and employees, from and against any and all claims, demands, losses, suits, judgments, costs, expenses (including without limitation reasonable attorney’s fees) and liability arising in any way in connection with this Agreement or the Services provided hereunder, including but not limited to, (a) injury to or death of any person, and damage to or loss of any property, including property belonging to or in the custody of Town or Contractor, (b) any alleged violation of any law, statute, code, ordinance or regulation of the United States or of any state, county or municipal government (including those relating to air, water, noise, solid waste and other forms of environmental protection, contamination or pollution or to discrimination on any basis), including if such alleged violation is based on acts or omissions or intentional misconduct by NCRS or its contractors; and (c) any allegation that NCRS is an employer or joint employer of Town or Contractor or is liable for related employment benefits or tax withholdings. 9. Insurance. The Contractor shall maintain and provide proof of the following insurance protections for the benefit of NCRS:  Comprehensive General Liability Insurance: The Contractor shall maintain Comprehensive General Liability Insurance with a combined single limit of not less than $2,000,000 per occurrence for all loss, damage, cost, and expense, including attorney's fees, arising from bodily injury, liability, and property damage liability during the policy period. Such policy shall be endorsed to name NCRS as an additional insured and shall include a severability of interests provision. Additionally, the Contractor's policy shall be endorsed to reflect Contractual Liability Insurance specifically relating to the indemnification provisions of this Agreement. Any exclusion for construction or demolition activities (including the installation of wells or bore holes, but excluding work done by means of a hand augur) conducted within 50 feet of railroad tracks shall be deleted from the Contractor's policy. The Contractor shall provide NCRS with certificates of insurance evidencing the required coverage upon request. The Contractor's failure to maintain the required insurance shall be considered a material breach of this Agreement. 10. Attorney Fees. Should any legal proceedings arise related to the interpretation or execution of this Contract, each party will be responsible for its own expenses, including lawyers' fees, associated with the lawsuit, unless otherwise specified in Section 8. 11. Complete Agreement. This Agreement, including any attachments, contains the entire agreement between the parties hereto with respect to the matters covered herein and supersedes any other agreements, representations, warranties, or other matters or materials, oral or written with respect to the subject matter of this Agreement. Contractor and Town acknowledge that they are entering into this Agreement solely on the basis of the representations contained herein. 12. Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of South Carolina. Jurisdiction and venue for all purposes shall be in the 1st Judicial Circuit, City of St. George, County of Dorchester, in the State of South Carolina. 13. Warranty of Service. No warranty, either express or implied, is included in this Agreement or in any report, opinion, or other instrument of service produced in connection with this Agreement or the Services provided hereunder. 14. Delay in Performance. NCRS will use reasonable efforts to fulfill the Contractor's requests for Services but does not guarantee the availability of RWICs and events may occur that limit the ability to fulfill the requests for Services under this Agreement. NCRS shall not be liable for any inability or failure to provide RWICs or Services under this Agreement for any reason. In no event shall NCRS be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, or other tangible or intangible losses. The limitation on liability in this section extends to but is not limited to the following potential events: (i) the inability to provide RWICs; (ii) the cost of procurement of substitute goods and services; (iii) any of Town or Contractor’s damages, delays or breaches of contract that may arise from the failure  of NCRS to provide any Services under this Agreement; or (iv) any other matter relating to the Services provided under this Agreement. Contractor and Town expressly acknowledge that NCRS has entered into this Agreement in reliance upon the limitations of liability specified herein. 15. Work Orders. No Services shall be provided by NCRS until a work order for such Services has been executed by the Contractor and approved by NCRS (“Work Order”). 16. Notices. Notices shall be sent to the addresses identified in the Scope of Services. 17. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other parties. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors, and assigns of the parties hereto. 18. No Third-Party Rights. The services provided in this agreement are for the sole benefit of the Contractor, who is contracted by the Town, and the Town. Nothing in this agreement shall be construed to give any rights or benefits to anyone other than the NCRS, Contractor, and Town. 19. Force Majeure. No Party shall be liable for any delays or failures in performance due to acts of God, strikes, lockouts, riots, war, or acts of terrorism. 20. Termination. Contractor or Town may terminate this Agreement, except for any required payments for Services rendered, at any time by providing fourteen (14) days written notice to NCRS. NCRS may terminate this Agreement at any time without further liability if Contractor or Town materially breaches any provision of the Agreement and fails to cure such breach within fourteen (14) days or if Contractor or Town becomes insolvent or demonstrates an unwillingness to pay its debts. Otherwise, this Agreement will remain in effect until Work Orders under this Agreement are complete. 21. Severability. If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, or other rule of law, such term will be deemed reformed or deleted, and the remaining provisions will remain in full force and effect, with the intent that the whole of this Agreement shall not fail and that the scope of such terms be curtailed only to the extent necessary to conform to law. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the effective date. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES. [Signature Page Follows] Contractor: BLYTHE DEVELOPMENT, LLC By: ________________________________________ Printed Name: __________________________________ Title: __________________________________________ Date: _________________________________________ Town: TOWN OF SUMMERVILLE By: ________________________________________ Printed Name: __________________________________ Title: __________________________________________ Date: _________________________________________ NCRS: NC RAILWAY SERVICES, LLC By: ________________________________________ Printed Name: Trish Haver Title: Sr. Vice President & Chief Commercial Officer Date: ________________________________________  NC RAILWAY SERVICES, LLC Detailed Estimate for Flagging Services City/State: Summerville, SC Milepost: SC-22.96 Road: Maple St./S.R. 131 State Project Number: PID P030733 DOT/AAR: 721470Y Estimate Date: February 18th, 2025 Estimate valid for 1 year from date of estimate • The cost is estimated for eight (8) weeks of flagging services, where one (1) week is expected to require 24-hour work and an additional flagger. Cost description Cost 40 10-hr workdays $60,000 5 days overtime for 24-hr work $15,750 (2nd flagger) Per diem for workdays and travel days $14,175 Travel hours $30,600 TOTAL $120,525  Exhibit A Scope of Services 1. Contractor. a. Blythe Development, LLC, whose mailing address is ___________________________________________ 2. Scope of Services. a. NCRS, a flagging contractor approved by Norfolk Southern Railway, shall provide a Roadway Worker In Charge (“RWIC”) to provide railroad protective services for the Contractor (“Services”) for a project for which the Contractor has been hired by the Town at dates to be scheduled in accordance with a Work Order. b. NCRS shall provide the Contractor with the following equipment for use by the RWIC (the “Equipment”): i. Derails ii. Locks and keys iii. Radio 3. Contractor Responsibilities. The Contractor shall provide the following in a timely manner: a. The time and dates needed for flagging, including estimated start and stop times; b. The estimated number of flagging hours needed on each date; c. Notice to NCRS as soon as possible if there is an increase or decrease in the number of hours that services will be needed; d. The location, including the railroad milepost number where flagging is required; e. Nature and scope of the project that the RWIC will flag; and f. Weekly reporting of hours RWIC worked. 4. Scheduling. a. Work Order requests should be made to NCRS using an NCRS Work Order form sent to TPP@NCRR.com. The Contractor should provide details of the location, including the railroad milepost number for Services, the scope of the project being flagged, and the date(s) requested. b. Services should be scheduled at least fourteen (14) days in advance. Services requested with less than fourteen (14) days’ notice will be “Emergency/Expedited Services” subject to additional fees and an Emergency/Expedited Rate. c. Requests received by NCRS after 5:00 p.m. on a weekday, a holiday, or on a weekend shall be treated as requests received by NCRS on the next working day. d. RWICs are scheduled only upon receipt of a written confirmation of availability from NCRS. Verbal communication will not be considered confirmed scheduling of Services. The written confirmation will include the location and dates of the scheduled Services. It is the Contractor's responsibility to ensure they have received such written confirmation from NCRS to ascertain that the services have been scheduled. 5. Compensation. a. NCRS charges a standard daily rate for the services of the RWIC and the use of the Equipment. There is a minimum charge for a ten (10) hour workday per RWIC. The Services provided are billed for the time the RWIC is on-site. Any time beyond the RWIC’s ten (10) minimum hours will be charged at the hourly Extended Time rate for any partial hour worked. b. Weekend and Holiday rates are charged for any Services that occur on Saturday or Sunday or any federal holiday. Weekend and Holiday services include a minimum charge for a ten (10) hour workday per RWIC, with an Extended Time rate charged for any partial hour worked beyond ten (10) hours. i. For Emergency/Expedited Services (where flagging services are needed within fourteen (14) days from the date of a service request), an upfront expedited processing fee of $10,000 will apply, along with the imposition of an Emergency/Expedited Rate. The Emergency/Expedited Rate includes a minimum charge for a ten (10) hour workday per RWIC, with an hourly Emergency/Expedited Rate charged for any partial hour worked beyond ten (10) hours. c. Any cancellations made with late notice, defined as less than seventy-two (72) hours’ notice prior to the scheduled start of any flagging service, shall be treated as a billable day subject to the daily minimum charge for such day, and any per diem charge. Cancellations must be sent in writing to TPP@NCRR.com. d. NCRS charges the following rates per RWIC for Services provided under the Agreement. Standard Rate* Rate 10-Hour Workday $1,500 (Up to ten hours). Extended Time after 10-Hours $225 per hour for each partial hour over 10-Hours. Weekend and Holiday Rate* Rate 10-Hour Workday (minimum charge) $2,250 Extended Time after 10-Hours $225 per hour for each partial hour over 10-Hours. Emergency/Expedited Rate* Rate Flat rate fee for Expedited/Emergency $10,000 Services 10-Hour Workday (minimum charge) $2,750 Emergency/Expedited Extended Time $275 per hour for each partial after 10-Hours hour over 10-Hours. *Note: NCRS reserves the right to amend any rate quoted herein at any time. A minimum of an eight (8) hour break in work performed on the project is required to restart the time for purposes of Extended Time rate calculations. The determination as to whether a particular rate structure will apply if the RWIC works into a weekend or holiday from a standard day will be based on the  preponderance of the hours worked during the shift, where if 50% of the time worked or more is at a higher rate, the higher rate will apply for the entire shift. As an example, if half the time worked during a shift is on a weekend or holiday, the weekend or holiday rate will apply for the entire time services were provided during the shift. e. NCRS charges the following per diem and travel rate per RWIC for Services: Per Diem** Rate Daily $225 Travel Rate ** Rate For travel from the RWIC’s residence $175 per hour to/from job site once per week **Note: Per diem is only charged when the RWIC’s residence is located 50 miles or more from the job site. NCRS reserves the right to amend any rate quoted herein at any time. 6. Additional Services. NCRS may agree to provide additional services at its discretion after compensation for the additional services has been agreed to between the parties. A new Work Order is needed for any additional services. 7. Contractor Representatives. a. Blythe Development, LLC Field Contact:_____________________________________ Phone:______________ Email:_______________________________________ b. Town of Summerville Contact:___________________________ Phone:_______________ Email:________________________________________ 8. Notices. a. Notices to the Contractor and Town should be sent to: i. Blythe Development, LLC Attn:_____________________________________ Address: _________________________________ _________________________________________ ii. Town of Summerville Attn:_____________________________________ Address: _________________________________ _________________________________________ b. Notices to NCRS should be sent to: i. North Carolina Railway Services, LLC Attention: Johnny Gass 2809 Highwoods Boulevard Raleigh, NC 27604 Contractor: BLYTHE DEVELOPMENT, LLC By: ________________________________________ Printed Name: __________________________________ Title: __________________________________________ Date: _________________________________________ Town: TOWN OF SUMMERVILLE By: ________________________________________ Printed Name: __________________________________ Title: __________________________________________ Date: _________________________________________ NCRS: NC RAILWAY SERVICES, LLC By: ________________________________________ Printed Name: Trish Haver Title: Sr. Vice President & Chief Commercial Officer Date: ________________________________________