HomeMy WebLinkAbout842-CSX/FDOT Railroad Reimb. Florida Department of Transportation
JEB BUSH
GOVERNOR
133 South Semoran Boulevard
Orlando, FL 32807
407/482-7800
THOMAS E BARRY, JR.
SECRETARY
August 25, 2000
Mr. Doug Halpin
Principal Engineer-Public Improvements
CSX Transportation, Inc. J-350
4901 Belfort Road, Suite 130
Jacksonville, FL 32256
SUBJECT:
Highway Safety Improvement Program
Railroad Signal Safety Improvement Project
Financial Project No. 407713 15 7 01
West 9th Street > Parcel No. 1 .(XNGC)
Crossing No. 621349-M Railroad Mile Post AU 768.95
Seminole County
Dear Mr. Halpin:
Enclosed is an executed copy of the Department 's standard RAILROAD REIMBURSEMENT A GRE~fENL
CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL.
The work under this contract shall be performed in accordance with the provisions of the Federal Aid Polic':
Guide Subchapter B, Part 140, Subpart 1, and/or Subchapter G, Part 646, Subpart B, as required. This is you:
notice to proceed.
If you have any questions, please call me or (Mrs.)Terry Cain at 407/482-7866.
Sincerely, f',
District F'i~e Public Transportation Manager
TC
CSX01.2ND
c: Mike Dross, Jerry Herman, Tony Nosse, Richard Duemmling, Jim Martin
www. dot. sta t e .fl. u s (E~) RECYCLED PAF> ER
STATE OF FLORIDA DEPARTMENT OF TRANSP~)RTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES - MUNICIPAL
FORM 725-090-28
RAIL
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Page 1 of 5
FINANCIAL PROJECT 'D
40771315701
ROAD NAME OR NUMBER" COUNTY NAME ' PARCEL & R/W NUMBEEI~ ..... ~,1~ i~UMBER
~t oooS
WEST 9TH STREET SEMINOLE 1 .(SIGC)
THIS AGREEMENT, made and entered into this 2--.4~-'. y of . ~ ...... , ___Z--O. OO ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
DEPARTMENT, and CSX TRANSPORTATION, INC.. a corporation of FLORIDA ,
with its principal place of business in the City of JACKSONVILLE ,
County of DUVAL , State of FLORIDA
hereinafter called the COMPANY; and the City of SANFORD
a municipal corporation, hereinafter
called the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public
Road
System, designated by the DEPARTMENT as Financial Project Number 40771315701
on WEST 9TH STREET
tracks of the COMPANY'S Milepost AU768.95
FDOT/AAR Crossin Number 621349M
as shown on DEPA~,TMENT'S Sheet
Plan
No. 1
· , which crosses at grade the right of way and
, at or near SANFORD ,
, attached hereto as a part hereof; and
WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal Highway
Administration Federal-Aid Policy Guide, 23 C.F.R Subchapter B, Part 140, Subpart I, as amended, and Federal-Aid
Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, as amended, and DEPARTMENT'S Rule 14-46.002
Florida Adn .4nistrative Code, as amended; and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto
agree as follows:
A. The COMPANY shall:
1. Install by its own forces, with supervision and approval of the DEPARTMENT, at an estimated cost of
$ 105,800 , itemization of which is attached hereto, automatic railroad grade crossing traffic control
devices hereinafter called "Devices", at said location, in accordance with (1) the attached detailed statement of the
work, plans and specifications; (2) the DEPARTMENT'S Plans and Standards Index Number 17882; and (3)
Federal-Aid Policy Guides mentioned above, and Rule 14-46.002, all of which by reference are made a part hereof.
FORM 725-090-28
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Page 2 of 5
2. Provide protective services in accordance with U.S. Department of Transportation Manual on
Uniform Traffic Control Devices during the performance of the work, as indicated in the attached plans and specifications,
the cost of which is included in the attached cost estimate.
3. Render the DEPARTMENT a final bill, in accordance with applicable Federal or State regulations,
within one hundred eighty (180) days from the completion date of the project, for all actual reimbursable identified charges
including credits for salvage or betterments, if any, attributable to the project; and itemize all substantial charges in a form
comparable to the charges contained in the cost estimate.
4. Operate and maintain said devices and perform any adjustment, relocation or replacement of said
devices; the cost therefor shall be assumed or apportioned in accordance with Paragraph C. below.
B. The DEPARTMENT shall:
1. Promptly reimburse the COMPANY for all actual costs attributable to the project as detailed in this
agreement, pursuant to Paragraph A. 1., as billed by the COMPANY, pursuant to Paragraph A.3.
2. Payment shall be made only after receipt and approval of goods and services in accordance with
Section 215.422(14), 'Florida Statutes.
C. The PARTIES agree:
1. That fifty percent (50%) of the cost for the operation and maintenance of the devices by the
COMPANY shall be borne by the CITY and fifty percent (50%) shall be borne by the COMPANY, in accordance with the
attached Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices, subject to future revision,
2. That the cost of any adjustment, relocation or replacement of said devices shall be assumed by
the party initiating such action, unless otherwise provided for in this contract, existing contracts between the parties, or in
existing contracts between one of the parties and third party. Unless otherwise agreed upon herein, the CITY agrees to
insure that at the crossing the advance warning signs and railroad crossing pavement marking will conform to the MUTCD
within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement
markings will be continually maintained at an acceptable level.
3. The COMPANY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT
and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost charge, or expense
arising out of any act, action, neglect, omission, or delay by the COMPANY during the performance of the contract, whether
direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except
that neither the COMPANY nor any of its subcontractors will be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its
FORM 725-090-28
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Page 3 of 5
4. That any provision contained in any existing contract relating to said crossing, whether between the
parties hereto and/or third parties, shall be, and does, remain in full force and effect, except at otherwise provided herein.
5. That the cost of maintaining any additional or replacement signal equipment at the same
location will be shared as provided under Paragraph C.1. above.
6. In accordance with Section 287.058, Florida Statutes, the following information is provided:
If this Contract involves units of deliverables, then such units must be received. and accepted in writing by the
Contract Manager prior to payments.
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof.
7. Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in
accordance with DEPARTMENT Rule 014-46.002 "Responsibility for the Cost of Rail road/Highway Crossings" and the Federal
Highway Administration Federal-Aid Policy Guide Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work."'
8. In accordance with Section 215.422, Florida Statutes, the following information is provided:
Contractors providing goods and services to the Department should be aware of the following time frames.
Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement
specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and
Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received,
inspected and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to
Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. Interest
penalties of less than one (1) dollar will not be enforced unless the Contractor. requests payment. Invoices which have to be
returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of
this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State
Comptroller's Hotline, 1-800-848-3792.
9. Records of costs incurred under terms of this Agreement shall be maintained and made available
upon request to the Department at all times during the period of this Agreement and for three years after final payment is
made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred
includes the Contractor's general accounting records and the project records, together with supporting documents and
records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and
subcontractors considered necessary by the Department for a proper audit of costs.
10.
FORM 725-090-28
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Page 4 of 5
In accordance Section 287.133 (2)(a). Florida Statutes, the followi'ng provisions are included in thi
Agreement:
A person or affiliate who has been placed on the convicted vendor list following a conviction
~or a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
~;onstruction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity. and may not
transact business with any public entity in excess of the threshold amount provided in
s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
11. The Department's obligation to pay under this section is contingent upon an annual appropriation by
the Florida Legislature, in accordance with Section 287.0582, Florida Statutes.
12. The State of FIorida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
The Department, during any fiscal year, shall not expend money, incur and liability, or enter
into any contract which, by its terms involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of
the service to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the department which are for any
amount in excess of 25,000 dollars and which have a term for a period of more than I year.
13. It is understood and agreed that this agreement shall not be binding until it has been authorized
or ratified by a proper ordinance or resolution of the CITY Commission of the City of SANFORD
Florida, acertified copy of which ordinance or resolution is attached hereto and made a part hereof.
14. The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes and made or received in conjunction with this Agreement.
FORM 725-090-28
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Page 5 of 5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized
officers, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST:
AS ITS: :['L___!'~ ~,/ ..........
Chief Engineer D &,
ATTEST:
CITY OF SANFORD
BY:
, FLORIDA
Le al Review Approved as to Funds
' Date Comptroller- [5oT'bdt~'
Approved as to FHPG
Requirements
BY:
FHWA Date
RECYCLE PAPER
GENERIC INSTALLATION ESTIMATE
GRADE CROSSING TRAFFIC CONTROL DEVICES
To: Florida Dept. of Transportation
DOT Project No.:
Location: ~ .~ ,~Lf
Road Jurisdiction: ('
FDOT/AAR Xing No.:
For: Type
New Installation ~ Modification
County: 2
Road Name: './j ?~"",'-
RRMP: g',3 - '7/~ '9-c
Signals
[]
State: Florida
I. Preliminary Engineering: Company Forces [] Contract
II. Construction Supervision: Company Forces [] Contract
1II. Material:
Highway Grade Crossing Si~_al Assembly .................... $
VI,
/
[] $ L
/
3. 5'~o
ControlEquipment
Field Material .........................................
Material Transportation .................................
Material Handling .....................................
Material Sales Tax .....................................
Total Material
.........................................
Equipment:
Company Owned ......................................
Rental ..................................
Total Equipment
Labor:
Direct Labor .........................................
Labor Additives
Total Labor ........................................
Sub-Total ......... $ / D %:' ~:. -- -
....... $
....... $ /
....... $
Total Estimated Cost: (~51/ZZl 99 By:
Submitted By: CSX Transportation
/o_5 5..-,',
/
This generic estimate shall not be used in negotiations or as an exhibit in
construction and maintenance agreements which do not provide for billing of
actual costs. This estimate is not valid for lump sum projects.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
FORM 725-090-41
RAIL
OGC - 09/98
FINANCIAL PROJECT NUMBER
407713 15 7 01
ROAD NAME OR NUMBER
WEST 9TH STREET '
COUNTY NAME PARCEL & RAN NUMBER FAP NUMBER
SEMINOLE 1.(SIGC) ."5 t?_ooo S
COMPANY NAME:
CSX TRANSPORTATION, INC.
A. FDOT/AAR XING NO.: 621349M
RR MILE POST TIE: 768.95
B. TYPE SIGNALS PROPOSED III
CLASS IV DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost ExclUsive of Installation
CLASS
DESCRIPTION
Flashing Signals ~ One Track
Flashing Signals - Multiple Tracks
Flashing Signals and Gates - One Track
Flashing Signals and Gates - Multiple Tracks
COST*
$1,637.00
$2,166.00
$2,468.00
$3,098.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 1446:002
Responsibility for the Cost 0f Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: July 22, 1982
GENERAL AUTHORITY: 334.044, F.S.
SPECIFIC LAW IMPLEMENTED: 335,141, F.S.
*This schedule will become effective July 1, 1996 and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor.
RECYCLED PAPER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-090-55
CITY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
FINANCIAL PROJECT ID ROAD NAME OR NUMBER
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND
ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO.
ON MOTION OF Commissioner (Councilman)
, the following
seconded by Commissioner (Councilman)
RESOLUTION was adopted:
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise
on ... ,
which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade
crossing over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
FLORIDA;
enter into a RAILROAD REIMBURSEMENT
That the City of AGREEMENT
with the State of Florida Department of Transportation and the ....................................................
Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Project
Number on which crosses the right of way and tracks of
the Company at FDOT/AAR Crossing No. . ................. located near ............................ ,
Florida; and
That the City assume it's share of the costs for future maintenance and adjustment of said grade crossing traffic
traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of
Transportation; and the
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
of
County, Florida, in regular session this .......... day of ..........................,
' Mayor ' Commi~i~'~87
ATTEST: (SEAL)
City Auditor and Clerk
RECYCLED PAPER
STATE OF FLORIDA DEP. ARTMENT OF TRANSPORTATION FORM 725-090-55
CITY RESOLUTION ~L-,o,sa
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
FINANCIAL PROJECT ID i ROAD NAME OR NUMBER !~ COUNTY NAME i PARCEL & R/W NUMBER ~ FAP NUMBER
.......................... ': .............. ' ............ ' ...........
40771315701 :: west
~, RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
INSTAELATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND
ADJUSTMENT OF SAiD DEVICES;. PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
REsoLuT,oN NO. /
ON MOTION OF Commissioner (~K) Eckste'in
seconded by Commissioner (O.(M~]t~ .W il 1. ~.a_m.s. ..... . the following
RESOLUTION was a?~ted:
WHEREAS. the 5tale of Florida Department of Transportation is constructing. reconstructing or otherwise
on West 9TH Streets
which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade
crossing over or near said highway; and
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Sanford
FLORIDA;
· enter into a RAILROAD REIMBURSEMENT
That the City .of Ranford AGREEMENT
with the State of Flodda Department of Transportation and the CSX Tran.sportation, Inc.
Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Project
Number 40771315701 . on West 9th Street which crosses the right of way and tracks of
the Company at FDOT/AAR Crossing No. 621349M located near Sadford
Florida; and
That the City assume it's share of the costs for future maintenance and adjustment of said grade crossing traffic
traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of
Transportation; and the_ CSX Transportation, Inc.
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
County. Florida. in regular session this. ~em ~ ~
i ·. r
~- ~ ~' ~ ,t ' '~'~ '~' ~ ~''~'
RECYCLED P~ER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 3/98
RUSH ( date )
Reason for RUSH:
XXX NEW
Contract #: AI936 Contract Type: AA Method of Procurement: R
Vendor Name:CSX TRANSPORTATION,-INC. Vendor ID: F546 000 720 021
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes No XXX N/A
Fed Agmt Amt: $ 0.00 State: $ .00 Local: $ .00
Beginning date of this Agmt: 09/01/00(Must be after fund approval
Ending date of this Agmt: 12/31/05(Estimate if necessary)
Execution date of this Agmt: / / (Only on original agreements
Has work been authorized to begin? Yes XXX No
Have standard financial provisions been altered by contract terms?
Yes XXX No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes XXX No
**************************************************~***************
Brief Description of Work/Comments: RAILROAD REIMBURSEMENT
AGREEMENT, GRADE CROSSING PROTECTION DEVICES (signals) for
West 9th St, Sanford, Seminole County XNG No. 621349-M
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
55 054010508 * HC * 563002 , $105,800.00 · 407713 1 5 7 01' 127
(00/01) ( SR )
TOTAL AMOUNT * $105,800.00 *
Originator: TERRY CAIN 'DATE SENT: 08/23/00 PH/SC: 335-7866
E-mail USERID (s): PT527KC
~,~,~,~,~********~,~,~,~***~,~,~**~,~,~~,~**~,~,~
TO BE COMPLETED BY OFFICE OF COMPTROLLER.
BUDGET ENTITY 100100
WORK PROGRAM VERIFICATION
ALLOTMENT
CI __NEW/04 6S LINE 0001
FUNDS APPROVED BY
CATEGORY
OK
YEAR 01
JOHN FAIN
088796
DATE CHECKED
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08-23-2000
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