953-CSX Railroad Reimbursement STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING - MUNICIPAL
FINANCIAL PROJECT ROAD NAME OR COUNTY NAME
I.D. NUMBER
40974415701 SR 15-600/US 17-92/FRENCH AV SEMINOLE
THIS AGREEMENT, made and entered this~ oay or~ ..... ; by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAFI'ON, hereinafter called
the DEPARTMENT, and CSX Transportation, Inc., a corporation organized and existing under
the laws 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;
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a
portion of the Public Road System, designated by the Financial Project ID 409744 1 5 7 01,
on SR 15-600/US 17-92/FRENCH AVENUE which crosses at grade the right of way and
track(s) of the COMPANY'S Mile Post AU 769.29, FDOT/AAR Crossing No. 621352-V and
Thirteenth Street which crosses at grade the right of way and track(s) of the COMPANY'S
Mile Post AU 769.28, FDOT/AAR Crossing No. 621353-C, at or near Sanford, Florida, as
shown on the DEPARTMENT'S Plan Sheet Nos. 1 & 2, attached hereto as a part hereof; and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth,
the parties hereto agree as follows:
1. The COMPANY hereby grants to the DEPARTMENT and/or the CITY the right to
construct roads at grade, and necessary approaches thereto, across its right of way and
over its track(s) at the hereinabove referred to location.
2. The COMPANY will provide, furnish or have furnished, all necessary materials
required for, and will construct or have constructed at the DEPARTMENT'S expense a
Standard Railroad Crossing Type T, Concrete, in accordance with the DEPARTMENT'S
Standard Index No. 560 attached hereto and by this reference made a part hereof. Upon
completion of the crossing the COMPANY shall be responsible for the maintenance cost of
all trackbed and rail components plus the highway roadbed and surface for the width of the
rail ties within the crossing area. The DEPARTMENT shall be responsible for the
maintenance cost of the highway roadbed outside of the railway ties for FDOT/AAR
Crossing No. 621352-V, SR 15-600.US 17-92/French Avenue. The CITY shall be
responsible for the maintenance cost of the highway roadbed outside of the railway ties for
FDOT/AAR Crossing No. 621353-C, Thirteenth Street. IT BEING UNDERSTOOD AND
AGREED that the COMPANY may, at its option and upon notification of the DEPARTMENT
and/or the CITY, perform such periodic maintenance work and bill the DEPARTMENT and/or
the CITY directly for costs thus incurred that are the responsibility of the DEPARTMENT
and/or the CITY.
3. It is further agreed mutually between the parties hereto that the grade crossings be
recognized by this Agreement:
Are adequately signalized for the safe operation of the general public. However,
should future highway traffic conditions warrant additional crossing traffic control devices
through use of automatic highway grade crossing traffic control devices, including signals
with and without gates, or grade separation structure(s); then, such additional traffic control
devices and/or structure(s) will be installed as necessary at the complete cost and expense
of the DEPARTMENT and/or CITY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that once
a determination has been made as to the type of facility to be installed, whether signals or
structure, such installation will be subject of a supplemental agreement which will set forth
the maintenance responsibility as governed by the applicable State and/or Federal law at the
time of such installation.
4. All work contemplated hereabove for FDOT/AAR Crossing No. 621352-V shall at
all times be subject to the approval of the COMPANY'S Chief Engineer or his authorized
representative. The DEPARTMENT or the DEPARTMENT'S contractor shall give the
COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice
prior to the performance of any work within the limits of the COMPANY'S right of way.
5. All work contemplated hereabove for FDOT/AAR Crossing No. 621353-C shall at
all times be subject to the approval of the COMPANY'S Chief Engineer or his authorized
representative. The CITY or the CITY'S contractor shall give the COMPANY'S Division
Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the
performance of any work within the limits of the COMPANY'S right of way.
6. Unless otherwise agreed upon herein, the DEPARTMENT agrees to insure that the
advance warning signs and railroad crossing pavement marking at Crossing No. 621352-V
will conform to the Department of Transportation Manual on Uniform Traffic Control Devices
within 30 days of notification that the railroad grade crossing improvements have been
completed and that such signs and pavement markings will be continually maintained at an
acceptable level.
7. Unless otherwise agreed upon herein, the CITY agrees to insure that the advance
warning signs and ~ailroad crossing pavement marking at Crossing No. 621353-C will
conform to the Department of Transportation Manual on Uniform Traffic Control Devices
within 30 days of notification that the railroad grade crossing improvements have been
completed and that such signs and pavement markings will be continually maintained at an
acceptable level.
8. The DEPARTMENT will reimburse the COMPANY for the cost of watchman or
flagging services when the DEPARTMENT'S contractor is carrying out work adjacent to the
COMPANY'S tracks and whenever the contractor is performing work requiring movement of
employees, trucks, or other equipment across the tracks of the COMPANY at Crossing No.
621352-V, or when at other times the COMPANY and DEPARTMENT shall agree that such a
service is necessary. Such costs shall be accrued and billed directly to the DEPARTMENT as
specified in Paragraph 14.
9. The CITY will reimburse the COMPANY for the cost of watchman or flagging
services when the CITY'S contractor is carrying out work adjacent to the COMPANY'S
tracks and whenever the contractor is performing work requiring movement of employees,
trucks, or other equipment across the track~ of the COMPANY at Crossing No. 621353-C,
or when at other times the COMPANY and CITY shall agree that such a service is necessary.
Such costs shall be accrued and billed directly to the CITY as specified in Paragraph 14.
10. The DEPARTMENT will require its contractor to furnish Railroad Protective Public
Liability and Railroad Protective Property Damage Liability Insurance in a combined amount
of $2,000,000, for all personal injuries, death or property damage, per occurrence arising
during the police period. The maximum dollar amounts of combined coverage to be
reimbursed by Federal funds, with respect to bodily injury, death or property damage, is
limited to a combined amount of $6,000,000 per occurrence unless approval for larger
amounts by the FHWA Division Administrator is made a part of this Agreement. The
DEPARTMENT will also require its contractor to furnish the COMPANY a Certificate of
Insurance showing that the contractor carries liability insurance (applicable to the job in
question) in the amount of $2,000,000 for all personal injuries, death or property damage,
per occurrence arising during the policy period. Such insurance is to conform with the
requirements 0f 23 C.F.R., Subchapter G. Part 646, Subpart A, and any supplements
thereto or revisions thereof.
11. The CITY will require its contractor to furnish Railroad Protective Public Liability
and Railroad Protective Property Damage Liability Insurance in a combined amount of
$2,000,000, for all personal injuries, death or property damage, per occurrence arising
during the police period. The maximum dollar amounts of combined coverage to be
reimbursed by Federal funds, with respect to bodily injury, death or property damage, is
limited to a combined amount of $6,000,000 per occurrence unless approval for larger
amounts by the FHWA Division Administrator is made a part of this Agreement. The CITY
will also require its contractor to furnish the COMPANY a Certificate of Insurance showing
that the contractor carries liability insurance (applicable to the job in question) in the amount
of $2,000,000 for all personal injuries, death or property damage, per occurrence arising
during the policy period. Such insurance is to conform with the requirements of 23 C.F.R.,
Subchapter G. Part 646, Subpart A, and any supplements thereto or revisions thereof.
12. The DEPARTMENT will bear the cost of all temporary and permanent changes
made necessary in t~e COMPANY'S signal wire line or other facilities and in the wire line
facilities of any utility that has compensable interest on the COMPANY'S right of way
occasioned by the construction of said crossings and the occupancy of the COMPANY'S
property, provided such costs are accrued as specified in Paragraph 14.
13. The COMPANY hereby agrees to install and/or adjust the necessary parts of its
facilities along said Road and Street in accordance with the provisions set forth in the
DEPARTMENT Procedure 725-080-002 Appendix D.4 and Rule 014-46.002 "Responsibility
for the Cost of Railroad-Highway Crossings", Florida Administrative Code, dated July 22,
1982, and any supplements thereto or revisions thereof, which, by reference hereto, are
made a part hereof. The COMPANY further agrees to do all such work with its own forces
or by a contractor paid under a contract held by the COMPANY, all under the supervision
and approval of the DEPARTMENT and the Federal Highway Administration, when
applicable.
14. The DEPARTMENT hereby agrees to reimburse the COMPANY, as detailed in
this agreement, for all costs incurred by it in the adjustment of said facilities, in accordance
with the provisions of the above indicated Reimbursement Policy, and any supplements
thereto or revisions thereof. It is understood and agreed by and between the parties hereto
that preliminary engineering costs not incorporated within this agreement shall not be
subject to payment by the DEPARTMENT.
15. Attached hereto, and by this reference made a part hereof, are plans and
specifications of the work to be performed by the COMPANY pursuant to he terms hereof,
and an estimate of the costs thereof in the amount of $ 175,000.00. All work performed
by the COMPANY pursuant hereto, shall be performed according to plans and specifications
as approved by the DEPARTMENT, and the Federal Highway Administration if federal aid
participating; and all subsequent plan changes shall likewise be approved by the
DEPARTMENT and the Federal Highway Administration, when applicable.
16. All labor, services, materials, and equipment furnished by the COMPANY in
carrying out the work to be performed hereunder shall be billed by the COMPANY directly to
the DEPARTMENT. Separate records as to costs of contract bid items and force account
items performed for the COMPANY shall also be furnished by the COMPANY to the
DEPARTMENT.
17. The COMPANY has determined that the method to be used in developing the
relocation or installation cost shall be as specified for the method described hereafter:
Actual and related indirect costs accumulated in accordance with an established accounting
procedure developed by the COMPANY and approved by the DEPARTMENT.
18. The installation and/or adjustment of the COMPANY'S facility will not involve
additional work over and above reimbursable requirements of the DEPARTMENT.
19. It is specifically agreed by and between the DEPARTMENT and the COMPANY
that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall
accrue to the COMPANY as a result of the above adjustment work.
20. It is further agreed that the cost of all improvements made during this
adjustment work shall be borne by the COMPANY, subject only to the DEPARTMENT
bearing such portion of this cost as represents the cost of adjustment of previously existing
facility, less salvage credit as set forth in the immediately preceding paragraph.
21. Upon completion of the work, the COMPANY shall within one hundred eighty
(180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of
all costs incurred in connection with the work performed hereunder, such statement to
follow as closely as possible the order of items contained in the estimate attached hereto.
The totals for labor, overhead, travel expense, transportation, equipment, material and
supplies, handling costs, and other services shall be shown in such a manner as will permit
ready comparison with the approved plans and estimates. Materials shall be itemized where
they represent major components of cost in the relocation following the pattern set out in
the approved estimate as closely as possible. Salvage credits from recovered and replaced
permanent and recovered temporary materials shall be reported in said bills in relative
position with the charge for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on
which the first work was performed, or, if preliminary engineering or right-of-way items are
involved, the date on which the earliest item of billed expense was incurred; the date on
which the last work was performed or the last item of billed expense was incurred; and the
location where the records and accounts billed can be audited. Adequate reference shall be
made in the billing to the COMPANY'S records, account and other relevant documents. All
cost records and accounts shall be subject to audit by a representative of the
DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the
above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs approved by the DEPARTMENT auditor.
22. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the State Comptroller under Section
215.422(14), Florida Statues.
23. In accordance with Section 287.058, Florida Statutes, the following provisions
are in this Agreement: If this Contract involves units of deliverables, then such units must
be 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 proper preaudit and postaudit thereof.
24. Bills for travel expenses specifically authorized in this agreement shall be
submitted and paid in accordance with the DEPARTMENT Rule 014-46.002 "Responsibility
for the cost of Railroad/Highway Crossings" and the Federal Highway Administration
Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad
Work."
25. In accordance with Section 215.422, Florida Statutes, the following provisions
are in this Agreement: Contractors providing goods and services to the DEPARTMENT
should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5)
working days to inspect and approve the goods and services unless the Agreement specifies
otherwise. The DEPARTMENT has 20 working 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 date the goods or services are received,
inspected, and approved.
If 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 by the DEPARTMENT.
A Vendor Ombudsman has been established with 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.
26. Records of costs incurred under terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during this 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 costs.
27. In the event this contract is for services in excess of TWENTY FIVE
THOUSANDS DOLLARS ($25,000.00) and a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
The DEPARTMENT, during any fiscal year, shall not expend money, incur any
liability, or 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 many be paid on such contract. The DEPARTMENT shall require a statement for the
Comptroller of the DEPARTMENT that such funds are available prior to entering in any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal for an amount in excess in TWENTY FIVE THOUSAND DOLLARS
($25,000.00) and which have a term for a period of more than one year.
28. In accordance with Section 287.133 (2)(a), Florida Statutes, the following
provisions are included in this Agreement:
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity 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 construction 'or repair of a public building or public work, may not submit bids on
leases for real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of
being on the convicted vendor list.
29. In accordance with Section 287.0582, Florida Statutes, the following
provisions are included in this Agreement:
The DEPARTMENT'S obligation to pay under this section is contingent upon an
annual appropriation by the Florida Legislature.
30. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for
refusal by the contractor or Agency to allow public access to all documents, papers, letters,
or other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received in conjunction with this Agreement.
31. Upon payment of the final invoice to the COMPANY, the DEPARTMENT will
provide to the CITY a copy of the COMPANY'S final invoice and confirmation of the
DEPARTMENT'S payment. The CITY will reimburse the DEPARTMENT forty-one percent
(41%) of the total project cost for its share of the project.
32. Should the use of said crossing or crossings be abandoned due to removal of
the roadway then all rights hereby granted to the DEPARTMENT and the CITY shall
thereupon cease and terminate and the DEPARTMENT and/or the CITY will, at its sole cost
and in a manner satisfactory to the COMPANY, remove said crossing and restore the
COMPANY'S property to the condition previously found, provided that the COMPANY may,
at its option, remove the said crossing or crossings and restore its property, and the
DEPARTMENT and/or CITY will, in such event, upon bill tendered, pay the COMPANY the
entire cost incurred by it in such removal and restoration, provided such costs are accrued
as specified in Paragraph 14.
33. 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 sole negligence of the DEPARTMENT or any of its
officers, agents, or employees.
34. All terms and conditions in the above mentioned AGREEMENT and RAILROAD
REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING PROTECTIVE DEVICES
are hereby reaffirmed excepted where supplemented, changed, or amended by this
AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their'
authorized officers the day and year written above.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: ~ J-'~'Z. __
Distric~ F~ve Director of P~nning & Public Transportation
COMPANY: CSX~'ransportation, In~.
/~1 ~_& ~3 ~ 5l/ Lc
Dale W. Opli=dt
BY: 1 ~ ~ ' ~ ~/1 -' Chle~ Engineer-Design & Construction
CITY: City,
BY:
ATTEST:
~f~o rd
Legal Review
By :~/-~'~
Attorney- DOT pate
Approved as Funds Available
Approved as to FAPG
Requirements
BY: BY: N/A
Comptroller- DOT Date FHWA Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 3/99
XX NEW (R/R REIMBURSEMENT AGREEMENT)
Contract #_AM325 Contract Type~D Method of Procurement R
Vendor Name CSX TP~SPORTATION, INC. Vendor ID F546 000 720 021
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes No XXX
Fed Agmt ~t State Funds Local Funds
Beginning date of this Agmt: 08/21/02(Must be after fund approval)
Ending date of this Agmt: 12/31/07(Estimate if necessary)
Execution date of this Agmt: 08/08/02(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: R/R REIMBURSEMENT AGREEMENT
FOR THE INSTALLATION OF A TYPE T, CONCRETE XNGs ON SR 15-600/US
17-92/FRENCH AV & 13TH ST IN SANFORD, SEMINOLE COUNTY FL
XNG NOs. 621362-V & 621353-C
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
55 054010508 *HC * 563009 * $175,000.00 * 409744 1 5 7 01 '127
(02/03) ( DS )
TOTAL AMOUNT * $175,000.00 *
Originator: TERRY CAIN DATE SENT: 08/14/2002 PH/SC: 373-5329
E-mail USERID(s) TO562TC (FDOT)
TO BE COMPLETED BY OFFICE OF COMPTROLLER
BUDGET ENTITY 100100 CATEGORY _088797-03
WORK PROGRAM VERIFICATION OK
ALLOTMENT YEAR DATE CHECKED
CI NEW/04 6S LINE 0001
FUNDS APPROVED BY ~osephine Jones
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: _08/15/2002_
JEB BUSH
GOVERNOR
Florida Department of Transportation
719 South Woodland Boulevard
Deland, FL 32720-6800
386/943-5329
THOMAS lv. BARRY, JR.
SECRETARY
August 29, 2002
Mr. Dave Krafft, Senior Project Manager
HDR/CSX Transportation, Inc.
200 West Forsyth Street, Suite 810
Jacksonville, FL 32202
SUBJECT:
RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING-MUNICIPAL
SR 15/600 US 17-92 & 13th Street
FM No. 409744 1 5 7 01
Crossing No. 621352-V & 621353-C
Seminole County
Dew Mr. Kraffi:
Enclosed is a copy of the executed Railroad Reimbursement Agreement Grade Crossing-Municipal,
dated August 19, 2002, for the installation ora Type T, concrete crossing surface and related work for SR
15-600FUS 17-92/French Avenue and Thirteenth Street in Sanford, Seminole County, FL. The crossing
surface traverses both the state road and the city street.
The work under this contract shall be performed in accordance with the provisions of the Department
Procedure No. 725-080-002 Appendix d.4 and Rule 014-46.002 "Responsibility for the Cost of
Railroad/Highway Crossings", Florida Administrative Code, dated July 22, 1982.
This is your notice to proceed.
If you have any questions, please call me.
Sincerely,
(Mrs.) Terry Cain
District Five Rail Administrator
TC
409744 CSDX 4TH
c: Mike Dross, Frank O'Dea, Calvin Landers, Tom George
~ wvvw.dot.state.fl.us I~ RECVCLEO ~^~ER