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1395 FDOT 13th St RR Crossing015 07- 11 11A10 :47 RCVD Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD, P.E. GOVERNOR Tallahassee, FL 32399 - 0450 SECRETARY July 7, 2011 Mr. Hal Gibson CSX Transportation, Inc. 500 Water Street Jacksonville, FL 32202 Subject: Railroad Reimbursement Agreement - Grade Crossing Traffic Control Devices -City FM No. 429579- 1 -57 -01 OP# TBD 13" Street Railroad Crossing No. 621353 -C City of Sanford Railroad Mile Post: A- 769.28 Dear Mr. Gibson, Enclosed is one fully executed Railroad Reimbursement Agreement -Grade Crossing Traffic Control Devices - City and the City Resolution dated July 5, 2011, for the installation of two flashing lights and gates, Constant Warning Time and a 6'x6' cabinet, at the above location. This is your Notice to Proceed. The work under this contract shall be performed in accordance with the provisions of the Federal Aid Policy Subchapter B, Part 140, Subpart 1 and/or Subchapter G, Part 646, Subpart B, as required. If you have any questions, please feel free to contact me. Sincerely, A Agr Jim Ganey District Five Railroad Coordinator 386 - 943 -5331 cc: Scott Allbritton - FDOT Thomas George - City of Sanford r4l 4W1� www.dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES - MUNICIPAL 725080.28 RAIL Occ -ov» FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42957915701 13TH STREET SEMINOLE 1 (77050 -SIGG) OOS5 -048 -J THIS AGREEMENT, made and entered into this _01 day of �ZJL y 2011 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation of VIRGINIA 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 429579- 1 -57 -01 on 13TH STREET , which crosses at grade the right of way and tracks of the COMPANY'S Milepost A- 769.28 FDOT /AAR Crossing Number 621353 -C as shown on DEPARTMENT'S Plan Sheet No.17881 & 17882 , 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- 57.011 Florida Administrative Code, as amended; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: A. 1. $ 247,850.00 The COMPANY shall: Install by its own forces, with supervision and approval of the DEPARTMENT, at an estimated cost of , 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- 57.011, all of which by reference are made a part hereof. 725.090 -28 RAIL OGC - 01/11 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. 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: 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: 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. - - - -- -- - - -- - - - -- - - - WIN 725.08o-za RAIL OGC - 01/11 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 CA. above. 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. Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with DEPARTMENT Rule 14- 57.011 "Public Railroad- Highway Grade Crossing Costs" and the Federal 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 Financial Services. 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 Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516. 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 five 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. 725-090.28 RAIL OGC - 01111 10. In accordance Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 following the date of being placed on the convicted vendor list. 11. In accordance with Section 287.134(2)(a), Florida Statutes, the following provisions are included in this agreement: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. 12. The Department's obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature, in accordance with Section 287.0582, Florida Statutes. 13. The State of Florida'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 1 year. 14. 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 SANF ORD Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. 725090.28 RAIL oGC - 01/11 15. 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. 1. all p Psen -empleyed by the Gempany dwing the teFm of the GentFast to peFleFm empleyment -dies within PeFldai d 17. Paragraph 3 was stricken, prior to execution by all parties, per the request of CSX Transportation, Inc. 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 BY: Date : ^ �''o� o I / P- A-" / bnoi) CSX TR SPOR . TATT[ON, VNC. BY: W ODate : llt s - lt I TITLE: Dale W. Ophardt Assistant Vice President Engineer CITY OF SANFORD , FLORIDA •e� —/0 BY: Date (TITLE: nterim City Manacrer ) Legal Review Approved as to Funds Avallnhlp B Ol/ BY: Atto ey - DOT Date Approved as to FHPG Requirements BY: Comptroller- DOT Date FHWA Date STAFF OF FLORIDA DEPARTMENT OF TRANSPORTATION E- VERIFY Contract No: AQ620 Financial Project No(s): 42957915701 Project Description: Signal Upgrade Vendors /Contractors: shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. rm: CSX TRANSPORTATION, INC. Authorized Signature: Title: Assistant Vice President of Engineering Dale W. Ophardt Date: 61l,sl/11 - 77P- 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375. 040.68 E- VERIFY PROCUREMENT Contract No: Financial Project No(s): 429579- 1 -57 -01 Project Description: Rail roarl Pe_imhnraamant AgrrmPmPnt_ Crossing # 621353 -C Vendor /Consultant acknowledges and agrees to the following: Vendor /Consultant : 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Consultant during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new em oyees hired by the subcontractor during the contract term. Company /Firm: Authorized Signature: Title: Mayor Date: 6/22/2011 City of Sanford STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 725 - 09041 RAIL OGC - 01/11 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42957915701 13TH STREET SEMINOLE 1(77050 -SIGG) OOS5 -048 -J COMPANY NAME: A. FDOT /AAR XING NO.: CSX TRANSPORTATION, INC. 621353 -C RR MILE POST TIE: A- 769.28 B. TYPE SIGNALS PROPOSED III CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* I Flashing Signals - One Track $2,256.00 II Flashing Signals - Multiple Tracks $2,985.00 Ill Flashing Signals and Gates - One Track $3,402.00 IV Flashing Signals and Gates - Multiple Tracks $4,272.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14- 57.011 Public Railroad- Highway Grade Crossing Costs EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. *This schedule will become effective July 1, 2011 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. Gainey, Jim From: The job F1989WMR Sent: Thursday, January 06, 2011 3:03 PM To: Ganey, Jim Subject: FUNDS APPROVAUREVIEWED FOR CONTRACT AQ620 STATE. OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQ62O Contract Type: AA Method of Procurement: R Vendor Name: CSX TRANSPORTATI Vendor ID: VF546000720002 Beginning date of this Agmt: 01/04/11 Ending date of this Agmt: 12/31/21 Contract Total /Budgetary Ceiling: ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Description: 429579 -1 / CSX / 13th St. / $247,850 / TCD's ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: LOA Funds have been: APPROVED 55 054010508 *OM *563002 * 247850.00 *42957915701 *127 2011 *55150200 *088796/11 W001 *00 * AGR -1 *0001/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 247,850.00 * ------------------------------------------------------------------------ FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 01/06/2011 1 . . . ..... ....... . ........... No: 6213530 Roadway: 13TH ST County: Seminole City: Sanford Rank 2009: 764 SR No.: CR 415 RR Company: Index 2009: 65-51 US No.: Division Name: tank 2008. 786 Latitude: 0 Subdivision Name: Index 2008: 65-31 Longitude: 0 Branch Name: Purpose: RR Milepost: Recommend Warning: ... ...... . -- Sidewalk Thru Xing (Y/N): Roadway Speed: 25 �rosslng rface Condition, Min Min Train Speed: 0 Angle: 30-59 deg 8 Max M Train Speed. Er ly'raf rfc Cou nt/AADT: 6,388 'EJ Da Day Thru hide Reaction: 41 Count: 2 j / Switch: Distance Mast to curb (4'9") or (2') sw ver Reaction: ruck W 0 Night Thru / Switch- �Schocil Buses. 73 Passenger Train Count: ITraffic Date; 12/24/1996i If < 45mph, mast to travel (jo Commuter Train Count: hru Lanes: 2 Train Count Date: Lane width > 23'= cantilever Mast to RR (15') or (12' exception) Gate Tip to median (4') ux Lanes: I . ............ LJ raf SgnI Preemp: N/A ---- -- i j J Mainline Tracks: rain SgnI In Proxirnty to Xing? i - 1 --..! Other Line Tracks: Train Detection: .................. . . ......... ... . .... -, ENS (Y /N}: 5211 rossbucks on Mast: 21 Y! 2 rossbucks on Cantilever: 0 2 top Sign* 0 1 N eld Signs (Y/N): Sidewalk Thru Xing (Y/N): Cher Sign: rface Condition, Other Signs: 0 Jvanced Warning (Y/N)- Y 8 de St. Adv Warning (Y/N): Y Er imp Sign (Y /N}: tmnt Marks: Stoplines+RR)(irig! hide Reaction: 41 Count: 2 CSX TA ALOMA SEE 6ZI352V 7'41l.28 FL&G&P Date: ........ RR Re Crossing Stats Year: 2009 4/ Ir 0/ 5113/19,88 0 Flashing on Cant not over Traffic: 0�1 E� Flashing on Cant over Traffic: 0 i Flashing Lights on Mast: 2 Gate Count: 2 4 Quad Gates (Y /N}: N Ped Gates(Nc)ne/FLG)- Sidewalk Thru Xing (Y/N): LED Count: rface Condition, 8" Count: 0 12" Count: 8 Signal Mod Date: Signal Maint Agency: New Field rface Mod Date: EJ . . ..... .... .... ...... . Surface MaInt Agency- rface, Type: Asphalt Sidewalk Thru Xing (Y/N): ZIZ po;�Z, rface Condition, f - T an Side Present ewa proach: Er Illuminated (Y/N)-. N hide Reaction: Distance Mast to curb (4'9") or (2') sw ver Reaction: . . ... ..... b Distance Mast to travelway (12 Im Recommendatlans; If < 45mph, mast to travel (jo Lane width > 23'= cantilever Mast to RR (15') or (12' exception) Gate Tip to median (4') I . ............ LJ ewr 6 cmilm-7 Conflicts: FG - IT, Sig GENERIC INSTALLATION ESTIMATE GRADE CROSSING TRAFFIC CONTROL DEVICES To: Florida Dept. of Transportation DOT Project No.: Location: Sanford Road Jurisdiction: FDOT /AAR Xing No.: 621353C For: Type 3 , New Installation ❑ County: Seminole Road Name: 13th St. RR MP: A - 769.28 I. Preliminary Engineering: Company Forces ❑ II. Construction Supervision: Company Forces X❑ III. Material: Highway Grade Crossing Signal Assembly ................... Control Equipment ....... ............................... Field Material .......... ............................... Material Transportation ................................. Material Handling ..................................... Material Sales Tax ....................................... TotalMaterial .......... ............................... IV. Equipment: Company Owned ........ ............................... Rental.............. ............................... TotalEquipment ..................................... V. Labor: Direct Labor .......... ............................... Holidays, Vacation, and Pension .......................... Payroll Taxes ......... ............................... Insurance ............ ............................... Meals and Lodging ........ ............................... TotalLabor ......... ............................... Class 3 Signals Modification IM State: Florida Contract 3❑ $ 14,400 Contract ❑ $ 9,200 $ 20,000 $ 35,000 $ 25,000 $ 1,200 $ 3,700 $ 6,500 $ 91,400 $ 800 $ 9,100 $ 9,900 $ 30,000 $ 12,000 $ 12,000 $ 5,000 $ 12,000 $ 71,000 Sub - Total.......... $ 195,900 VI. Miscellaneous Items: New 6'x6' House with CWT $ New FLS &G $ Contingencies ...... $ 19,590 $ VII. Total Estimated Cost:( 09 / 01 / 2009 By:David Knopsnider) .......... $ 215,490 VIII. Submitted By: CSX Transportation .2010 F =f_ + 3��3 This generic estimate shall not be used in negotiations or as an exhibit in 4 a47, RS 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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Q , c �o u ^� oot nu.c °�� `oto m uu oou� Z N ti e ai : o..c O�O� -. uj �`3 d ~ 3 OS ,OZ .9 'OZ / \ 1 3 I m a O N t N D b m 0 3 O ,os .a •ri 3 3 o OZ b 0 v N r i 1 ,0Z 1. ,OZ N � 2 Wa � H J , e m U z a y h h h b T� q p E 0 's .N 0 ` E 0 .o L Q ip b <' b m W b b b b E 0 N N N N h h h h c E a v D �� �` hh� 61 1 Q m ,o °b [. y c U W tn U¢b O ZU K aEti�m m� v N UJ � o W (D p h v4ii lu 0 o / N Ir LL W -JR 2 J Q o �► "��W � AZT y W E 2 "' � m m 3 y Q iz p i h � it o v e U e y ti 0 m [ co m b D m h b m , e m U v1 h y h h h b T� q p E 0 0 ` E 0 .o L Q ip b <' b m W b b b b E 0 N N N N h h h h c E v D �� �` hh� y Resolution No. 2230 A Resolution of the City of Sanford, Florida providing for approval of and entering a railroad reimbursement agreement for the installation of a grade crossing located on or proximate to 13 Street and United States Highway 17/92 within the City of Sanford; providing for installation of traffic control devices pertaining to Project Financial Project Number 429579- 1- 57 -01, Parcel and Right -of -Way Number 1 (77050- SIGG), FAP Number OOS5- 048-J, and FDOT /AAR Crossing Number 621353 -C; providing for future maintenance and adjustment of the traffic control devices; providing for the expenditure of public funds; providing for conflicts; providing for severability and providing for an effective date. Whereas, the State of Florida Department of Transportation (FDOT) is constructing, reconstructing or otherwise changing a portion of the Public Road System on 13 Street located within the City of Sanford in Seminole County, Florida which activities calls for the installation and maintenance of railroad grade crossing traffic control devices for the railroad crossing over of near 13 Street; and Whereas, the FDOT has assigned the Project Financial Project Number 429579- 1- 57 -01, Parcel and Right -of -Way Number 1 (77050- SIGG), and FAP Number OOS5- 048 -J; and Whereas, the City of Sanford desires to enter and to execute and deliver to the FDOT a Railroad Reimbursement Agreement for the aforementioned Project; and Whereas, the railroad crossing traffic control devices cross the railroad facilities of CSX Transportation, Inc. (CSX) on 13 Street within the City of Sanford which crosses the right -of -way and railroad tracks of CSX at FDOT /AAR Crossing Number 621353 -C within the City of Sanford. Now, Therefore, Be it adopted and resolved by the City Commission of the City Of Sanford, Florida as follows: I Page Section 1. Recitals Adopted; Authorization To Execute Agreement; Financial Obligations Of The City Of Sanford. (a). The above recitals (whereas clauses) are adopted by the City Commission of the City of Sanford and made a substantive part of this Resolution. (b). The Mayor of the City of Sanford is hereby authorized to execute make, execute and deliver to the FDOT and CSX a Railroad Reimbursement Agreement with the FDOT and CSX relating to the railroad crossing traffic control devices cross the railroad facilities of CSX on 13 Street within the City of Sanford which crosses the right -of -way and railroad tracks of CSX at FDOT /AAR Crossing Number 621353 -C within the City of Sanford. (c). The City of Sanford shall assume it's share of the costs for the future maintenance and adjustment of the railroad crossing traffic control devices cross the railroad facilities of CSX on 13 Street within the City of Sanford which crosses the right -of -way and railroad tracks of CSX at FDOT /AAR Crossing Number 621353 -C within the City of Sanford as set forth in the Railroad Reimbursement Agreement. (d). The City Manager is hereby authorized to take any and all necessary administrative actions in order to implement the provisions of this Resolution and the Railroad Reimbursement Agreement approved herein. Section 2. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 3. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to 21Page invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 4. Effective Date. This Resolution shall become effective immediately upon enactment. Passed and adopted this 9 day of May, 2011. Attest: �M I �i[ .LL�e.a. / �• • M City of Sanford City Jeff Triplett, Mayor For use and reliance of the Sanford City Commission only. Approved as to form and legality. William L. Colbert, City Attorney 31Page