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HomeMy WebLinkAboutItem #03 Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices - North Clarke Road OCOPP florid❑ AGENDA ITEM COVER SHEET Meeting Date: March 17, 2015 Item # ..3 // Reviewed By: Contact Name: Stephen C. Krug Department Director: Z � Contact Number: 6002 City Manager: f, Subject: Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices — North Clarke Rd. Commissioner Wilsen, District 2 and Commissioner Keller, District 4. Background Summary: The City approved an agreement at the November 5, 2013 Commission meeting providing for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on North Clarke Road at the Florida Central Railroad crossing. The purpose of the agreement was to allocate the Federal funds to upgrade existing grade crossing signals to meet current requirements and the upgrades have been completed. The Railroad has noted a clerical error in that the annual maintenance cost participation for the City was erroneously shown as 50% percent when it should have read 100% percent. The 100% cost participation is based on the Stipulation of Parties adopted by the City in 1992 for the construction of the then new Clarke Road over the existing railroad. The attached agreement conforms to the correct cost participation originally stipulated and approved by the City. Public Works recommends approving the agreement. Issue: Request the City Commission to approve the agreement with the FDOT for the crossing signals at the North Clarke Road railroad crossing. Recommendations Recommend the City Commission approve the Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices, FM No. 434952- 1- 57 -01, with the FDOT, and authorize the Mayor and City Clerk to execute the Agreement and Resolution. Attachments: Original FDOT Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices, FM No. 434952- 1- 57 -01, and Resolution. Copy of Original Stipulation of Parties, 1992. Financial Impact: The signal upgrades have been funded through a FHWA Aid Project administered by the FDOT. The financial impact to the City is the continuation of the annual $3,402.00 maintenance fee already incorporated in the budget. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 RESOLUTION NO. 2015- - A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RAILROAD REIMBURSEMENT AGREEMENT - BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MUNICIPAL GRADE CROSSING TRAFFIC CONTROL DEVICES ON NORTH CLARKE ROAD. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida statutes. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute that "Railroad Reimbursement Agreement, Grade Crossing Traffic Control Devices — Municipal, Financial Project No.: 43495215701" between the City and the Florida Department of Transportation, a copy of which is attached hereto and incorporated by reference. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of the Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2015. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE CITY OF OCOEE BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2015, LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. , 2015. SHUFFIELD, LOWMAN & WILSON P.A. By: Scott Cookson, City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Silvestri Investments of Florida, Ine.Petitioner) (silvestri Investrrpnts) vs. ) Case No. Florida Central Railroad Company - Respondent) City of Ocoee - Respondent) Florida Department of - Respondent) Transportation STIPULATION OF PARTIES Comes now the Petitioner, Silvestri Investments, hereinafter referred to as the "APPLICANT" and the Respondents, FLORIDA CENTRAL RAILROAD COMPANY hereinafter referred to as the "RAILROAD" and the CITY OF OCOEE hereinafter referred to as the "CITY" and the "FLORIDA DEPARTMENT OF TRANSPORTATION" hereinafter referred to as the "DEPARTMENT" and through their undersigned representatives, do hereby file this Stipulation of Parties, as follows: 1. The APPLICANT has filed an application with the DEPARTMENT to OPEN a public railroad /highway at grade crossing pursuant to Section 335.141(1), Florida Statutes, and to close two (2) private railroad /highway at grade crossings. A copy of said application, identified as Job Number 75- 92 -01, is attached hereto and made a part hereof as EXHIBIT "A ". 2. The APPLICANT has applied for a permit to OPEN a public railroad crossing located at the RAILROAD's milepost F10.04 in Ocoee, and, in conjunction, CLOSE two (2) private crossings, Crossing No. 621868 -P, located at the RAILROAD's mile post F10.00, and Crossing No. 621869 -W, located at the RAILROAD's mile post F10.10, in Ocoee, Florida. The closed crossings, including crossbucks, are to be removed by RAILROAD forces at the expense of the APPLICANT. 3. The railroad track at said location is presently classified as the Forest City /Winter Garden Spur with 2 trains per day. 4. The APPLICANT intends to construct over said track, a 94 -foot wide paved roadway. Stop bars, pavement message and railroad AI'PT ]CANT warning signs will be installed by the maintained by the CITY. The crossing is as set forth in the sketch attached hereto and made a part hereof, as EXHIBIT "B ". Page Two (Opening) 5. The RAILROAD will provide, furnish or have furnished, all necessary materials required for, and will construct at APPLICANT's expense a standard crossing type "R" in accordance with the DEPARTMENT's Standard Index No. 560 attached hereto and made a part hereof as EXHIBIT "C ". Upon completion of the crossing, the RAILROAD shall be responsible for the maintenance of all trackbed and rail components plus highway roadbed for the width of the rail ties within the crossing area. The CITY shall be responsible for the maintenance COST of the highway roadbed over the track and rail ties of the railroad. The CITY shall be responsible for the maintenance COST and maintenance of the highway roadbed from the end of the ties to the railroad right -of -way line. 6. The RAILROAD shall furnish the necessary materials and install at the APPLICANT's expense automatic grade crossing signals, Type IV, Class III in accordance with the DEPARTMENT's Standard Index 17882, a copy of which is attached hereto as EXHIBIT "D ". Upon completion of the crossing signal installation, the RAILROAD will maintain at the CITY'S expense the automatic grade crossing signals. 7. The CITY will provide to the DEPARTMENT a copy of the executed Maintenance Agreement for the crossing surface and the grade crossing traffic devices. The FDOT /AAR National Inventory Number will be referenced in this Agreement. 8. The DEPARTMENT authorizes the OPENING and CLOSING of these crossings as evidenced by the execution of this Stipulation provided that all conditions of the Stipulation are complied with. The crossing to be opened will not be opened to highway vehicular traffic until all grade crossing traffic control devices have been installed and are in operation. 9. This Stipulation shall be executed by all parties having an interest in this matter, and further, all parties waive hearing rights and request the DEPARTMENT to issue authority, in accordance with Section 335.141(1), Florida Statutes, and Chapter 14- 46.003, Florida Administrative Code, with this Stipulation of Parties. 10. This Stipulation will become null and void if all work is not completed within 24 months. Dated this (kW day of ' AL-4/.4 , 199 . i -age inrc Opening PETITIONER: APPLICANT: Silvestri Investments of Florida, Inc. BY: — (SEAL) ark Silvestri, V,� safe t -- -- � �r ATTEST: %�jd // -___ SECRETARY Warren E. Williams RESPONDENT: RAILROAD: Florida Central Railroad Company .) . BY: �4 , ■ - (SEAL) ArfEST� 0 Q.,\ ,��,v,. 6 -e-+/ l 0 • RESPONDENT: city of Ocoee BY: (SEAL) S. S t Vander rift, ayor ATTEST: t . an kkg r9, ! ismlerk BY TI iE CITY OF OCOEE, APPROVED AS TO FORM M .1 OMITV > '� dB) of .14 _T y �Til tulle 1 /al Cary Attorney RESPONDENT: DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: \\ tt�--,.-- (SEAL) Nick A. Serianni, Director ATTEST: CA(A)./t) ;roll" ) � tt4 S�tary Approved as to Form, Legality and Execution By: (1«,i 5 o :7 ■ - — torney DOT Fate - S ■ (O^., 1)1.0.. %. ]IA 1( 0 710.W• O(rA.1(lu(..t Of (^A..SrO^IA7ION O((IC( Of ruel 1^A..5rOSVA1■0.+ ^(r\•C.[] .•.1. c...o RAILROAD GRADE CROSSING APPLICATION r.o• 1 j COu;y j SECT o:4 Jop NvrtpEn nOi.o N.�,IAE On NUMBER COUNTY NAME v lnCEL L Rr.V NUr.tpEn t)oCKET Nv,.]pEn 7 5 Q2 01 Clark Road Orange (� ��''� l AGENCY NAME: A. IDENTIFICATION: Submitted By: Application For': Silvestri lvestri Investments of Flor1' Closing 1nC ( X ) g a riObrio at -grade Title ' rail /highway crcr sing by. Telephone (416) 521 -1144 ( ) rail line removal Address 120 King Street West Suite 1 0 X (X ) roadway removal 2 private drives Hamilton, Ontario, Canada ( ) Opening a public at grade Hamilton, rail /highway crossing by. ( ) new rail line construction ( X ) new roadway construction B. CROSSING LOCATION: Jurisdiction for Street or Roadway by Authority o(: ( X ) City ( ) County ( ) State Local Popular Name of Street or Roadway: Clark Road Railroad Company: Florida Central Railroad Mite Post (Distance & Direction):- F10.04; AVB- 834 -96 formerly CSX, centerline of 120' wide Nearest Existing Grade Crossings - Each Direction: R/W for proposed Clark Road (n -s) Direction Distance FDOT /AAR Crossing Number (1) East 200 6218G8 -P • (2) West 200' S21869-W Map ( X ) Attached ( ) Mailed Separate C. CROSSING SURFACE INSTALLATI,N: Roadway Traffic Volume (ADT): ( ) Existing NSA ( X ) Proposed 12,400 VPD Type Roadway: ( ) Existing N/A ( X ) Proposed 4- lane divided Type Rail Line: ( X ) Existing ( )Proposed (w/turn lane) Number of Trains Per Day - Passenger: 0 Freight: 2 Speed of Trains - Pas: N IA Fr: 25 Cost Estimate to Install Crossing: 008,288.00 Cost of Installation Charge to: ( X ) Applicant ( ) Other Cost Estimate for Annual Maintenanc $ . As Needed Cost of Annual Maintenance Charge to: ( ) Applicant ( X ) Other City_of Ocoee r'`i:THIT 1111 o...p 0. CROSSING SIGNAL INSTALLATION: Type: ( X) Flashing Lights ( X ) Cantilever ( X ) Gates ( ) Other Installation Performed by: ( ) A ticant ( X) Railroad ( ) Other Cost Estimate to Install Signals: s144,735.00 Cost of Installation Charge To: ( X ) Applicant ( hh r Cost Estimate for Annual Maintenance: $ $2,657 Plus nary Cost of Annual Maintenance Charge To: ( ) Applicant ( X) Other City of Ocoee _. PUBLIC HEARING: Prior to the adoption of any rule or regulation for opening or closing at -grade public rail /highway crosings, it requested : a public hearing will be held by a duly authorized hearing officer appointed by the Division of Administrative Hearings as pursuant to the provisions of Chapter 120. Florida Statutes. the Uniform Administrative Procedure Act. Will Applicant Be Represented by Counsel at the Public Hearing? ( ) Yes (Complete Following) ( ) No Attorney Name Attorney Telephone Attorney Address • Describe Material to be Placed in Evidence at Public Hearing: (maps, resolutions, agreements, documents, etc.) Resolution from City of Ocoee UBMITTEO FOR THE AGENCY BY Harling, Locklin & Asr;ociates, Inc. ( I>? E Title- DATE: APPLICATION Tour AccrrEt? •/ p lYie(Ft t t� T /A11AH' FlON1/4 BY: `�(/ lt� DATE: 7 7 f L Title - District Railroad Coordinator fTACHMENTS: (List) REFERENCES: (Specific Legal Authority) 334.044 F.S_, 120.57 F.S. ark Road & Florida Central Railroad Crossing Plar(Law Implemented) 335.141 F.S_ (Administrative Rule) 14- 46.003 D.O.T. (Procedure) 725- 080 -050 RESOLUTION NO. 92-06 RESOLUTION BE IT RESOLVED by the Board of City Commissioners of the City of Ocoee, Florida that the Mayor of the City is hereby authorized to enter into an agreement with Florida Central Railroad Company, Inc. ( "the Railroad Company ") whereby the Railroad Company grants to the City an easement or right -of -way for constructing and maintaining Clark Road as it crosses the railway. The crossing is more fully described in the attached map. Further, be it resolved that the agreement between the City and the Railroad Company shall obligate the City to pay for the annual maintenance fees on the crossing and its protective devices. ADOPTED this 2 I" day of A P R I L , 1992. CITY OF OCOEE, FLORIDA -ster Dabbs, Jr., Mayor ATTEST: Jean rafton, City Cle FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: • This .1 i day of 1992. FOLEY & LARDNER • By: City Attorney .. \ /' .4. • 4 t+ 1,,........,.....bilet. 1 . , i r g 4 - , tkI 0 p ., i ,J•lt 4.4 . I 71.i ' Z.; 4 : ' : - - , • ■ LO 1 ,Voe „ .: "' .• ' . ol• ‘.., ,„ i • . ' ,11 . : ' •• ' ''.1, ,. te . e• i. ■'' f 41 a•o4 . 4 -..1 r ,,,..2 , ,,, v :..,;:„... 6,,......,. , ., ,. P ," :'-'.141.04.., 4,1'41..'"14•04-4,;-"V`I 1 or, •,i ....4..., .1 '. , 4 „1,•7,,, ••• ; , !,41 4 10- 1 ,, , -.. tett.,.. "0 i'"I''.` .,, , %,,f,■ . , .„. 4 I. ",11, g .".",,tgi' .-,- "Tor t,,•:.. ."...Nre '"It. Yi Ad, ..V.41.1:. 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CV '' • '00 o ;co - . - , , ---,-', ,, ..:::::,,,,..... l':',• ' , , -,:: : AF.,' ■ d 'FI ir I i : ' . ' I `( ,L!, i! ' `,.(r) ''', . ,, • ' II.. -.... a_ j , 1 ' ■., .: , LI , ' , A•tH-A A A ', i; '•- • - A HAt tr,.....- ,. H t -,. t •-• .., '-',. to F--. CZ C r:. • C--) - -- ,- -_ _ - 1 1 ' ' i t,' - ' ____ •-- ■• 1 i t ■' A * ' (-, ' • ! ..— ''Z - _.„ . I- LI 4-- • 1 •-, '•- - ? :t --. ..„. !II i • 1 . 1 1 r . ' „ F a• F-. --.._ 1 c ' I c -,, , , c ., '. j 1 • I i'l , , ,‘,•. 1 .,,,i •, ,,,, , ! - ..., , , FLORIDA - a DEPARTMENT OF TRANSPORTATION LAwron CHILES BEN G. wATrs GOVERNOR MEE SF CIO c 3/9/9y 5151 Adanson Street Orlando, FL 32804 Telephone - (407) 623 -1085 February 25, 1994 Silvestri Investments of Florida, Inc. Mr. Hugh Harling Harling, Locklin & Associates, Inc. 850 Courtland Street Orlando, Florida 32804 RE: FLORIDA STATUTE 335.141 - PUBLIC NOTICE Section: 75 -92 -01 Road Name: Clark Road Extension County : Orange R.R. Milepost: F10.04 Railroad Company: Florida Central Railroad Dear Mr. Harling: Enclosed please find the fully authorized Stipulation of Parties regarding the opening of a public rail - highway grade crossing referenced above, as approved by the Department of Transportation pursuant to law on February 18, 1994. You may consider this notice your authorization to commence negotiation of all necessary agreements with Florida Central Railroad Company for the opening of the subject at -grade crossing. I request that you furnish this office with a copy of such legal document(s) prior to proceeding with the actual construction at the crossing site. Sincerely, Post-it Fax Note 7671 Date , /G_ q pages ,/ / L /A From To c-� aitL -) Wichowski Co /Dept p ;rams Supervisor t Harl .' .... � P .._ue Encl cc: Ben Biscan S. Scott Vandergrift Henry Pelt ® RECYCLED YAY£R Centennial iv>> * tots Florida Department of Transportation RICK SCOTT 719 South Woodland 13oulevard JIM BOXOLU GOVERNOR Del. and. Florida 32720 SECRETARY February 23, 2015 Mr. Steve Krug City of Ocoee Public Works Director 301 Maguire Road Ocoee, FL 34761 Subject: Railroad Reimbursement Agreement - Grade Crossing Traffic Control Devices -City and City Resolution FM No. 434952- 1 -57 -01 Railroad Crossing No. 914121 -Y N. Clarke Road Railroad Mile Post: 834.98 City of Ocoee Orange County Dear Mr. Krug, The purpose of this letter is to advise that Florida Central Railroad Company, Inc. has advised that the railroad signal agreement previously distributed on November 10, 2014 had a clerical error, in that, the annual maintenance cost participation for the City was erroneously shown as 50% percent when it should have read 100% percent. The 100% cost participation is based on a Stipulation of Parties that was adopted by the City on April 21, 1992. Attached to the agreements that require signatures, I have included copies of the agreements that were distributed on November 10, 2014, as Exhibit "A ". The agreement dated November 10, 2014 will be terminated once all parties have signed the new agreement. Enclosed for your signatures are six (6) copies of each of the Railroad Reimbursement Agreements and the respective City Resolutions. The work under this contract was 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, Jim Ganey District Five Railroad Coordinator 386 - 943 -5331 cc: Scott Allbritton - FDOT w v■ 'N .(lut.statc.l1.us 725 - 080 -27 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAIL RAILROAD REIMBURSEMENT AGREEMENT OGC -02)14 GRADE CROSSING TRAFFIC CONTROL DEVICES - MUNICIPAL FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RAN NUMBER FAP NUMBER 43495215701 N. CLARKE ROAD ORANGE 1(75000 -SIGG) 00S5 -052 -J THIS AGREEMENT, made and entered into this day of , 2015 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and FLORIDA CENTRAL RAILROAD COMPANY, INC. a corporation organized and existing under the laws of FLORIDA , with its principal place of business in the City of PLYMOUTH , County of ORANGE , State of FLORIDA , hereinafter called the COMPANY; and the City of OCOEE , 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 Financial Project ID 434952- 1 -57 -01 on N. CLARKE ROAD , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 834.98 ' FDOT /AAR Crossing Number 914121 -Y , at or near OCOEE , as shown on DEPARTMENTS Plan Sheet No. 17881&17882 , 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 shall furnish the necessary materials and install Automatic Grade Crossing Signals Type 111 Class 111 and /or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, one hundred (100 %) percent of the expense thereof in maintaining the same shall be borne by the CITY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. 725- 090 -27 RAIL OGC - 02/1A The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. 4. Unless otherwise agreed upon herein, the CITY agrees to ensure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control Devices 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. 5. The COMPANY hereby agrees to install and /or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: ❑ (a) DEPARTMENT Procedure No. 725 - 080 -002 Appendix D.4, and Rule 14.57.011 "Public Railroad- Highway Grade Crossing Costs ", Florida Administrative Code. (b) Federal Highway Administration Federal -Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and /or adjustment of said facilities, in accordance with the provisions of Procedure No. 725 - 080 -002 Appendix D -4 "Billing Requirements," 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. 7. 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 the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 266,441.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these 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. 8. 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 direct to the DEPARTMENT. Separate records as to the costs of 725- 090 -27 RAIL OGC - 02/14 contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: Q (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. ❑ (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. ❑ (c) An agreed lump sum $ , as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and /or adjustment of the COMPANY'S facility as planned ❑ will p will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and /or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): ❑ (a) % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and /or (expired service life) and /or (nonreimbursable segments). ❑ (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. ❑ ( $ credited for ❑ betterment ❑ expired service life ❑ nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. 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 installation and /or adjustment work. 12. 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. 725- 090 -27 RAIL OGC - 02114 13. 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 the 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 is 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, accounts 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 as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), Florida Statutes (F.S.). 15. 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 a proper preaudit and postaudit thereof. 725- 090 -27 RAIL OGC - 02/14 16. 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 Highway Administration Federal -Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." 17. 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 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 or by calling the Division of Consumer Services at 1- 877 - 693 -5236. 725 - 090 -27 RAIL OGC - 02114 18. In the event this contract is for services in excess of TWENTY FIVE THOUSAND 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 may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such 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 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 years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 19. 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, 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. 20. 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. 21. In accordance with Section 287.0582, Florida Statutes, the following provision is included in this Agreement: The Departments obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. 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, 725 -090 -27 RAIL OGC - 02/14 whether direct or indirect, and whether to any person or property to which the DEPARTMENTor said parties may be subject, except that neither the COMPANY nor any of its sub - contractors 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 officers, agents, or employees. 23. COMPANY shall: 1. utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the COMPANY during the term of the contract; and 2. 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. 24. It is understood and agreed by the parties to this Agreement that if any part, term, or provision of this Agreement is held illegal by the courts or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 25. Any questions or matters arising under this Agreement as to validity, construction, enforcement, performance, or otherwise, shall be determined in accordance with the laws of the State of Florida. Venue for any action arising out of or in any way related to this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 26. The parties agree to bear their own attorney's fees and costs with respect to this Agreement. 27. The parties agree that this Agreement is binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 29. Once executed by all parties, the Railroad Reimbursement Agreement - Grade Crossing Traffic Control Devices Agreement dated November 10, 2014 will be terminated. (Exhibit "A" attached) 30. Paragraph 2 was modified from 50% to 100% City maintenance cost participation, at the request of Florida Central Railroad Company, Inc., based on the Stipulation of Parties adopted by the City of Ocoee on April 21, 1992. 725- 090 -27 RAIL OGC - 02/14 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: TITLE: Director of Transportation Operations COMPANY: FLORIDA CENTRAL RAILROAD COMPANY, INC. BY: TITLE: CITY OF OCOEE , FLORIDA BY: TITLE: Legal Review Approved as to Funds Approved as to FAPG Available Requirements BY: BY: Attached Encumbrance BY: Attorney - DOT Date Comptroller - DOT Date FHWA Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725- 000 -41 RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES RAIL OGG -03112 ANNUAL MAINTENANCE COSTS FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RAN NUMBER FAP NUMBER 43495215701 N. CLARKE ROAD ORANGE 1(75000 -SIGG) 00S5 -052 -J COMPANY NAME: FLORIDA CENTRAL RAILROAD COMPANY, INC_ A. FDOT /AAR XING NO.: 914121 -Y RR MILE POST TIE: 834.98 B. TYPE SIGNALS PROPOSED I 1 I CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES • nua Mai - a e Cost Exc sive of Installation CLASS DESCRIPTION COST" Flashing Signals - One Track $2,256.00 li Flashing Signals - Multiple Tracks $2,985.00 Flashing Signals and Gates - One Track $3,402.00 IV Flashing Signals and Gates - Multiple Tracks $4,272.00 V 3 or 4 Quadrant Flashing Signals and Gates - One Track $6,726.00 VI 3 or 4 Quadrant Flashing Signals and Gates - Multiple Tracks $8,442.00 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725- 090 -55 CITY RESOLUTION RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY 10/98 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 43495215701 N. CLARKE ROAD ORANGE 1(75000 -SIGG) 00S5 -052 -J 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) seconded by Commissioner (Councilman) , the following RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on N. CLARKE ROAD 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 OCOEE FLORIDA; That the City of OCOEE enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the FLORIDA CENTRAL RAILROAD COMPANY, INC. Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Project Number 434952- 1 -57 -01 on N. CLARKE ROAD which crosses the right of way and tracks of the Company at FDOT /AAR Crossing No. 914121 -Y located near OCOEE Florida; and That the City assume it's share of the costs for future maintenance and adjustment of said grade crossing 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 FLORIDA CENTRAL RAILROAD COMPANY, INC. Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the City Commission of the City of OCOEE Florida, in regular session this day of , 2015 . Mayor - Commissioner ATTEST: (SEAL) City Auditor and Clerk TO: TO562GJ @dot.state.tl.us 10342630 SUBJECT: FUNDS APPROVAL /REVIEWED FOR CONTRACT ARO26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ARO26 Contract Type: AA Method of Procurement: R Vendor Name: FLORIDA CENTRAL Vendor ID: VF581706789001 Beginning date of this Agmt: 10/29/14 Ending date of this Agmt: 12/31/44 Contract Total /Budgetary Ceiling: ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Description: 434952 -1 / FCR / $266,441 / CLARKE RD. ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: LOA Funds have been: APPROVED 55 052000531 *PT *563014 * 266441.00 *43495215701 *127 * 2015 *55100100 *088808/15 W001 *00 * AGR -1 *0001/04 TOTAL AMOUNT: *$ 266,441.00 * FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 10/31/2014 Company Address 1600 Progress Dr. Albertville, AL 35950 US rii 1, P RAIL SERVICES A Caterpillar Company Quote Information Quote Number 00009970 Prepared By Garry Caudill Created Date 8/13/2013 Title Account Executive Account Florida Central Railroad Company Phone (502) 368-6562 x2310 E -mail gcaudill@progressrail.com progressrail.com Quote Lino Items @ . � l- p i Ve d # # ' .r �a ..,,, k e :-• .. � ,.1" . � " 4 `Y * 3 ' -d i , `c P .n 1sc"}^ ; ; " 1 1V. 01 1di f fitt ' Ol e i fotalipiti ii „Q�i --- -- 1 " 0 8S1 "1' 't1'. . 4^ = J . ""` :∎." •" . . °'.r- ' $, # `..+'10.141 : `:41,:t :ut:*(? *".= 1. 4.,-�xw :M .�,.: .+ . 7 ,..... c N '*3 1.00 LOT Price Estimate For A New Grade Crossing Signal System Located On N. Clarke Road In Ocoee, $266,441.00 5266,441.00 Florida (DOT 11914121Y). Grand Total S266,441.00 Shipping Information and Notes Shipping Info. Price includes the delivery, unloading and handling of the materials until the installation is complete and accepted by the customer. Notes Scope of Work: Remove and replace the existing signal system with a new system. The proposed system to include a new instrument shelter using a PMD -3 with shunt enhancer for train detection equipment and plug -in relays to control the signals. Price includes a DTMF controller for use as detemined by the railroads operating rules. The new signals will be one cantilever signal with new foundation and four flasher and gate type signals (2 located on side of roadway and 2 in median). All signal heads will be equipped withl2" LED light units and arranged the same as the existing units. Price includes one pedestrian gate for sidewalk in northeast quadrant. Price includes all required ground materials to complete the system and all required FRA Rule 234 testing and documentation. The above price is based on the following provisions: 1. Price does not include tax of any kind. 2. Price does not include flagman for the crossing during train operations. 3. Commercial 110 volt ac power must be available within 75' of crossing. 4. Price does include estimated administration cost incurred by railroad. 5. Price does not include culvert or drainage work. 6. Price does not include retaining wail work or sidewalk repairs. 7. Price does include 4 insulated rail joints for the shunt enhancer. 8. Price does include conduits for under the roadway and track. 9. Price based on one crew mobilization. 10. Price does include railroad protective liability insurance. 11. Price does not include a bid bond, payment bond or performance bond. 12. Price does not include pavement markings or the advance warning signs. Installation is based on no hindering obstacles, such as rock, water, or utilities that may interfere with the installation and operation of proposed signal system. The above price is for budgeting purposes only and subject to change per final approved plans and detailed material lists. Delivery is estimated at 90 to 120 days after project is authorized. RR S District .5 County:' Orange Crossing Noj9 Roadway N CLARK . RD . PUBLIC; HWY + .. ,. AT GRADE Re CO' Ocoee tN CITY , ' OPEN -TRACK A a , µ ; Rank 2013: 784 SR No.: RR Company: FCEN r t . ; � �. CR No.: Division Name: TAMPA pace: 6117113 , , Rank 2012: 1453 Subdivision Name: ORLANDO ( ' ..0q;-''',.: .• 0' US No: T Members r r T }�. ;ask 2011: 1256 r Branch Name: WINTER GARDEN ' sco IArbntton ;�;, 1 >3 Latitude: 28.587400 �;m Caney � Longitude: - 81.510000 RR Milepost: 834.98 John Garcia 1 N 1 Henry Parrish 1 e r it Field Review Comments: j / e4 r � `�fi Ab 71tir� / ! i c 1 - rL,G /„..i., s N1 k � s ..,,, c , .��L f :_,..7, . r 6 „,, F. q w � Team Recommendations: L�L ( A. t �` v ' rA❑ s ✓ - ❑ ds�x h r�z�>J w -,;2 ' its F�6i s6 >, hu+no (' • Preempt Cabinet Cable . 5 10 [] Train Speed Range: • 35 Highway Speed: ❑ Crossing Angle: 60 -90 DEG El Time Table Speed: 10 [] AADT: 21000 (2011) ❑ D a y ThruJSwitch . 0/2 U Percent Trucks: 4 (2011) ❑ Night Tiuu /Sw 0/0 • [] a School Buses: 51 (2013) 0 Train se ce Fretght ❑ — Passenger,Count/Day: 0 , Q Street Types: ❑ fr 4 ❑ Tram Count Date 1011712011 . .: 7 : ':; : : ::_. ; :,,,,.., : :Tn ...,- 4. , , Thru Lanes: 1 El (vials Tracks 0 Aux Lanes: { f f " ; NO ❑ 'Other Tracks (1) Spur e ad �] Hazmat Route? Emergency Services Route? YES ❑ ❑ ---- -� '", IQ! ' ' ;;,,, r. x _T,(a ign NO (] � l q yS , . ; T rainsi g nal Proximity 0) , e ;� Fr Train D e t e ct i o n: Constant Warning Time ^” ;� - Ins r '. Even 1 t iro ` oo, i 1 r Number of Bells: 2 ❑ } rt of Post Mounted Flashing Lights: 5 El to>,� r:r3RErtt�t.r e.t= �le�� • [11 ''ttrli( "i!•a4 + 4 ❑ ■ ,...i �� }� '' -` Roadway Gate Count: y � . r" � r. �x Pedestrian Gate Count: El ofitel-6il '_ 1 [ Pit �l I ' � '- ❑ • �� � , 2 Quad Gates: -j i-P . t • r [ Cantilevered Flashing Over Traffic: 1 ❑ �r��jt`tr ^.t -? t �' tit? t , i • ► ` t. ❑ e Cantilevered Flashing Not Over Traffic: 0 �rsr�lckc •i� ___. r1 �i�: • �1�'� 1 ' � � YES Ft ,f (� Intersecting Roadway. 1 iri C ` ' j Signalized? YES ❑ ' r i \ interconnection: For Traffic Signals ❑ i� Traffic Signals Controlling? . I• +� ❑ ( �a Preemption: SIMU LTANEOUS PREEMPTION 4 0 . 4 3 . � • (1 � �. ^ ' t . > Traffic Pre - Signals? ❑ a i.'.' s sk "^ a' a 1 ` ' ! 4 0 ❑ ^ • ..' (,j 8 Count: ET a ' � 12" Count: 20 ❑ . a ` -' •, , " . k LED Count: LI L .� f 1[b ;` ' ` D 05/01/1995 ❑ Ins Upgrad 1 . ! ,.- ,. . ` .- 1 11[IlC it? L , .;.. . a ' {�� , ® 616 es , es t o" si i C Al a . , . [ , 1 f f� G ". bra ''r ut 3 �a.:' f3 .; r f tc�e V • r. 1., 1 tt 4dWa '. °i } #: ^ c� " " -a w� 4t�y iir t i. , :;, t s e r a �'` t ' � , 7i' i� f � p, D 1iG. B " , _ S ® '° ' d adks ''� ii d sty - o . ,. - ,,° ► i-: „ v - i . :. . " °3' B Si, 11 1 '1,1ees,= B � isid Pr g! Ap• t � r :� r ® § , ,� a` c+ rz ,t ' '.'}- kt : . p "`if, 3'"+a r �` �: 4• e a °� E d , iir t�,.F 3p I. • • . . ` {a k 9 0 e e ff +, ® x °``''' . rSide Wa s T�7� �� Cross! g ++ ,, , ' } �.r i. tiet e .. .i ,..e.....* i gg .M. . - : , . . s ; ::'_” "off la 1* .. #` { } .- #YES^ 4 r `l. as .a • Ali { �tk ! '' * � ,,..7,�,} t {, Ofie ,-?r- x.; '. ' :% r -e g IIItJ iZW- } . ;. i .. ft• .X' r'1 w 4 , ;.,1 ,...,,, ;;; ... : „. T Y3 s .�,r F /Kb_ 1 � ) r - }t f . 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OS \ c I I °L I I O 11.1 :-'' zi 9f ° £ I-- nr s� ar c, Q ,_ - 3 i' i Z Q > ,� B Q •0 — o , " —>=< - - ,s's' 1-- Occ 0 -- 1, 1 uz ,; — V w 0 = O 1- „ ry QZ A8 — _ ----- o� IL f / l • -3 � Q� ._ o 'a t _ J �o s r — — a E " = ry i .4 L 2 0 ° - t .OZ I 1.9 I �OZ tno °q A cc u, U p -i N rya N _ � ,� NOI81A3H _ o O = 2 � w s O a i ° O N v 0 o o W I - _h __ i 0 - 7 Q 1 0 x7[717_- Il " _mg _a in 4 O ,= 1 111 - • _S - _ p _ : z O I I "'i � 0 0 X� r -- z b co fri __ 0 o vi w LL2 m Q W w L0 0 O (_) 'III • � L--, Mle =1 S I 0 p — —I — 0 0 w I- "' — — '1 w — VI az VI 0 m _ w Q ❑ // T I l Ir - - --- Q Y O J N J y a c-6? Q w __ T -- Eo p Z 1 _- •-• ,. F A 1 ,,IV Z I ,z) -Ei w Lc) ry Q Q cc c t w z z Z Q I n Q - NI VI Z O ul '',t.','', w CC o 0 w � W 2 0 • Il C 0 E z ❑ Q c - 0 O n ■ - r ", -. - vm _ 1 J E t _I 0 2 ,- )E r " � Q _ _ - N "' 0 N . 1 - ^ , molslnaa N Cr s o EXHIBIT "A" --.1, . 0 \ Florida Department of Traitsportatioii RICK. SCOT(' 605 Suwannee Street ANANTN PRASAI), Y.E. GOVERNOR SECRETARY lallau:ee, FL ? 239�1 -0 -t50 November 10, 2014 Ms. Karen Kuivinen Pinsly Railroad Co. 53 S. Hampton Rd. Westfield, MA 01085 Subject: RAILROAD REIMBURSEMENTAGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES - - COUNTY and COUNTY RESOLUTION FM # 434952- 1 -57 -01 RR Crossing No. 914121 -Y N. Clarke Road RR Milepost No. 834.98 City of Ocoee Orange County Dear Karen, Enclosed is a fully executed agreement, dated November 10, 2014 for the installation of 1- cantilever, flashing light and gate assembly, 1- flashing Light and gate assembly, 2- pedestrian gates, 2- median gates, 1- cabinet, sidelights for A.D. Mims Rd., cable and a PMD -3 at the above project. 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. This is your Notice to Proceed. If you have any questions, please feel free to call me. Sincerely, Jim Ganey District Railroad Coordinator 386- 943 -5331 cc: Scott Allbritton -- FDOT, Central Office Steve Krug -- City of Ocoee Pete Petree — Florida Central Railroad Company, Inc. John Garcia - Florida Central Railroad Company, Inc. \V\V\'`/.dot st t c.11.0 725- 090 -27 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAIL RAILROAD REIMBURSEMENT AGREEMENT OGC -08!13 GRADE CROSSING TRAFFIC CONTROL DEVICES - MUNICIPAL FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 43495215701 N. CLARKE ROAD ORANGE 1(75000 -SIGG) 00S5 -052 -J THIS AGREEMENT, made and entered into this 0 day of A/0 ( /L /ni 3EIR , 2014 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and FLORIDA CENTRAL RAILROAD COMPANY, INC. a corporation organized and existing under the laws of FLORIDA with its principal place of business in the City of PLYMOUTH , County of ORANGE State of FLORIDA , hereinafter called the COMPANY; and the City of OCOEE 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 Financial Project ID 434952- 1 -57 -01 on N. CLARKE ROAD , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 834.98 FDOT /AAR Crossing Number 914121 -Y , at or near OCOEE as shown on DEPARTMENTS Plan Sheet No. 17881 &17882 , 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 shall furnish the necessary materials and install Automatic Grade Crossing Signals Type III _ Class III and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENTS Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50 %) percent of the expense thereof in maintaining the same shall be borne by the CITY and fifty (50 %) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. 725 - 090 21 RAIL OGC - 08/13 The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. 4. Unless otherwise agreed upon herein, the CITY agrees to ensure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control Devices 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. 5. The COMPANY hereby agrees to install and /or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: ❑ (a) DEPARTMENT Procedure No. 725 -080 -002 Appendix D.4, and Rule 14.57.011 "Public Railroad - Highway Grade Crossing Costs ", Florida Administrative Code. (b) Federal Highway Administration Federal -Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter 8, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and /or adjustment of said facilities, in accordance with the provisions of Procedure No. 725 - 080 -002 Appendix D -4 "Billing Requirements," 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. 7. 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 the terms hereof, and an itemized estimate of the cost thereof in the amount o f $ 266,441.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these 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. 8. 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 direct to the DEPARTMENT. Separate records as to the costs of 725- 090-2 RAIL OGC -00!13 contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: DI (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. D (c) An agreed lump sum $ , as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and /or adjustment of the COMPANY'S facility as planned ❑ will p will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and /or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): 0 ( % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and /or (expired service life) and /or (nonreimbursable segments). [1] (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. El to $ credited for ❑ betterment ❑ expired service life ❑ nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. 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 installation and /or adjustment work. 12. 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. 725-090-2 RAIL OGC 05113 13. 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 the 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 is 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, accounts 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 as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT'S Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), Florida Statutes (F.S.). 15. 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 a proper preaudit and postaudit thereof. 16. 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 Highway Administration Federal -Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." 725 - 090 -27 RAIL OGC - 08)13 17. 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 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 Tess 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 or by calling the Division of Consumer Services at 1- 877 - 693 -5236. 18. The COMPANY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COMPANY in conjunction with this Agreement. Specifically, if the COMPANY is acting on behalf of a public agency the COMPANY shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the DEPARTMENT in order to perform the services being performed by the COMPANY. (2) Provide the public with access to public records on the same terms and conditions that the DEPARTMENT would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the DEPARTMENT all public records in possession of the COMPANY upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the DEPARTMENT in a format that is compatible with the information technology systems of the DEPARTMENT. Failure by the COMPANY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. The COMPANY shall promptly provide the DEPARTMENT with a copy of any request to inspect or copy public records in possession of the COMPANY and shall promptly provide the DEPARTMENT a copy of the COMPANY'S response to each such request. 725- 090 -27 RAIL OGG - 09113 19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND 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 may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such 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 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 years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. 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, 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. 21. 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. 22. In accordance with Section 287.0582, Florida Statutes, the following provision is included in this Agreement: The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 23. 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, /25 -090-27 RAIL OGC -08!13 whether direct or indirect, and whether to any person or property to which the DEPARTMENTor said parties may be subject, except that neither the COMPANY nor any of its sub - contractors 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 officers, agents, or employees. 24. COMPANY shall: 1. utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the COMPANY during the term of the contract; and 2. 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. 25. It is understood and agreed by the parties to this Agreement that if any part, term, or provision of this Agreement is held illegal by the courts or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 26. Any questions or matters arising under this Agreement as to validity, construction, enforcement, performance, or otherwise, shall be determined in accordance with the laws of the State of Florida. Venue for any action arising out of or in any way related to this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 27. The parties agree to bear their own attorney's fees and costs with respect to this Agreement. 28. The parties agree that this Agreement is binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below. 29. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 725 - 090 -27 RAIL 0GC -08113 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 TRANS'OR ATION BY: jti (TITLE: Director of Transpo•'a . 0 *per. ions COMPANY: FLORIDA C , NTRAL RAILROAD COMPANY, INC. c.\) -/ BY: —J TITLE CITY OF OCO EE , FLORIDA BY: (TITLE: � ) Legal Review Approved as to Funds Approved as to FAPG Available Requirements BY-7. <2. 24' / �/ .t -t\ / �'�r'./ BY: BY: Attorti y - DOT Date Comptroller - DOT Date FHWA Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725- 090 -11 RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES RAIL OGC - 03112 ANNUAL MAINTENANCE COSTS FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 43495215701 N. CLARKE ROAD ORANGE 1(75000 -SIGG) 00S5 -052 -J COMPANY NAME: FLORIDA CENTRAL RAILROAD COMPANY, INC. A. FDOT /AAR XING NO.: 914121 -Y RR MILE POST TIE: 834.98 13. TYPE SIGNALS PROPOSED 1 I I CLASS 1 I I DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* Flashing Signals - One Track $2,256.00 II Flashing Signals - Multiple Tracks $2,985.00 Flashing Signals and Gates - One Track $3,402.00 IV Flashing Signals and Gates - Multiple Tracks $4,272.00 V 3 or 4 Quadrant Flashing Signals and Gates - One Track $6,726.00 VI 3 or 4 Quadrant Flashing Signals and Gates - Multiple Tracks $8,442.00 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725- 090 -55 CITY RESOLUTION RAIL 10/98 GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 43495215701 N. CLARKE ROAD ORANGE 1(75000 -SIGG) 00S5 -052 -J 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. 2013 -017 -. ON MOTION OF Commissioner (Councilman) Wilsen seconded by Commissioner (Councilman) RPM y Pr , the following RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on N. CLARKE ROAD 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 OCOEE FLORIDA; That the City of OCOEE enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the FLORIDA CENTRAL RAILROAD COMPANY, INC. Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Project Number 434952- 1 -57 -01 on N. CLARKE ROAD which crosses the right of way and tracks of the Company at FDOT /AAR Crossing No. 914121 -Y located near OCOEE Florida; and That the City assume its share of the costs for future maintenance and adjustment of said grade crossing 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 FLORIDA CENTRAL RAILROAD COMPANY, INC. Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the City Commission of the City of OCOEE Florida, in regular session this 5th day of November 2013 _ ■<_)-(/\ Mayor - Commissio')er » ; * (SEAL) ATTEST: ��.+l lam- : tit' a, � �� T - City Auditor and :rk TO: TO562GJ @dot.state.fl.us 10342630 SUBJECT: FUNDS APPROVAL /REVIEWED FOR CONTRACT AR026 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AR026 Contract Type: AA Method of Procurement: R Vendor Name: FLORIDA CENTRAL Vendor ID: VF581706789001 Beginning date of this Agmt: 10/29/14 Ending date of this Agmt: 12/31/44 Contract Total /Budgetary Ceiling: ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Description: 434952 -1 / FCR / $266,441 / CLARKE RD. ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: LOA Funds have been: APPROVED 55 052000531 *PT *563014 * 266441.00 *43495215701 *127 * 2015 *55100100 *088808/15 W001 *00 * AGR -1 *0001/04 TOTAL AMOUNT: *$ 266,441.00 * FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 10/31/2014 Company Address 1600 Progress Dr. Albertville, AL 35950 US PROG RAIL SERVICES A Caterpillar Company Quote Information Quote Number 00009970 Prepared By Garry Caudill Created Date 8/13/2013 Title Account Executive Account Florida Central Railroad Company Phone (502)368-6562 x2310 E -mail gcaudill @progressraiLcom Quote Line Items h+� =° ^r y ro r"c t'r w ... '°si tk '* g `* r“« �t �rY .U�IV� tLt a 9escftptln3� z r .. ' . £�c y '• s �" . k . 1.00 LOT Price Estimate For A New Grade Crossing Signal System Located On N. Clarke Road In Ocoee, $266,441.00 $266,441.00 Florida (DOT #914121`!). Grand Total $266,441.00 Shipping Information and Notes Shipping Info. Price includes the delivery, unloading and handling of the materials until the installation is complete and accepted by the customer. Notes Scope of Work: Remove and replace the existing signal system with a new system. The proposed system to include a new instrument shelter using a PMD -3 with shunt enhancer for train detection equipment and plug -in relays to control the signals. Price includes a DTMF controller for use as determined by the railroads operating rules. The new signals will be one cantilever signal with new foundation and four flasher and gate type signals (2 located on side of roadway and 2 in median). All signal heads will be equipped with 12" LED light units and arranged the same as the existing units. Price includes one pedestrian gate for sidewalk in northeast quadrant. Price includes all required ground materials to complete the system and all required FRA Rule 234 testing and documentation. The above price is based on the following provisions: 1. Price does not include tax of any kind. 2. Price does not include flagman for the crossing during train operations. 3. Commercial 110 volt ac power must be available within 75' of crossing. 4. Price does include estimated administration cost incurred by railroad. 5. Price does not include culvert or drainage vrork. 6. Price does not include retaining wail work or sidewalk repairs. 7. Price does include 4 insulated rail joints for the shunt enhancer. 8. Price does include conduits for under the roadway and track. 9. Price based on one crew mobilization. 10. Price does include railroad protective liability insurance. 11. Price does not include a bid bond, payment bond or performance bond. 12. Price does not include pavement markings or the advance warning signs. Installation is based on no hinderirrg obstacles, such as rock, water, or utilities that may interfere with the installation and operation of proposed signal system. The above price is for budgeting purposes only and subject to change per final approved plans and detailed material lists. Delivery is estimated at 90 to 120 days after project is authorized. Crossing No: 91411Y. Roadway NCLARKE R RR `Street ,, District 5 Co unty: Orange PUBLIC . HWY ' A T GRADE , Residerital C, . y: Ocoee IN CITY . OPEN—TRACK ACT IVE Rank 2013: 784 SR No -: RR Company: FCEN ■ �� Rank 2012: 1453 CR No: Division Name: TAMPA I p 6117)13 r US No: 28.587400 Subdivision Name: ORLANDO Team McR,e��s: 1 ;_ ;ank 2011: 1256 Branch Name: ;INTER GARDEN scott nnbramn * °; }.: Latitude: ,x: RR Mile ost: 834.98 r cnryFar agey a� ,g Longitude: 81.510000 P J A� He i<h t r , S , J " I Field Review Comments: � : >n%J ��GTr � � I _ - F ' " '��� ' s L l � L(G / i�SW ` y � c� riff ✓1� ` ; A , � a ** . ; Team Recommendations: l ° L�L4 � 4J ^kY. u� '" I Y �,. ❑A ❑S © L-1 e,ot , ? <rz � 14) 1 a W b 5B t1D r a � � + • Preempt Cabinet Cable { r - t Ot t ' Highway Speed: 35 1111 Train Sp Range; 5 - 0 Crossing Angle: 60 -90 DEG [} MaxTime Table Speed: 10 [] AADT: 21000 (2011) ❑ Day:Thru /Switch: 0/2 El . Percent Trucks: 4 (2011) Li Night /Switc 0/0 ❑ 51 (2013) • School Buses: ( ) ❑ Train Srvigh El Passeng[, count/D : 0 ,, ,...,,,,.,,,,..., :,-, Street Types: El Thru e+ , Thru Lanes: 4 ❑ Train Count Date:, 10/17/2011 ❑ Aux Lanes: 1 ❑ M' cracks 0 ❑ ❑ NO ❑ '" `' (1) S ur /Lead Hazmat Route? Other (? P Emergency Services Route? YES ❑ ` , f r its 4 .t� w •,,,,, g ' S ", ;` , ...,/ . S.:1' 4 ,4, ` ' tom; +, ' ° ®` 'L ,d`..- JIain Sign NO [] d ` ' \fwd i ham "'} i t 1. ., '''' TrainS o. , rtlty : • ' r , ''' _ g '$' z '. ' =`t r Train D etec ti o n Constant Warning Time l��l iE r' [ : , �.. c + ` t Ev ir'( 1 1� ; ; ©1 . Number of Bells: 2 ❑ El A�1f► t • f ClG7•� t ' ' Post Mounted Flashing Lights: 5 El • :- J `' '� • > ' Roadway Gate Count: � •� tl a � . f � • Li j ]t s _ f - R1%1 X144. ', , ; ' - Pedestrian Gate Count: El T � Gates: 2 Quad [11 � �. L _ `i t,n `i l --� , • ` Cantilevered Flashing Over Traffic: 1 El r 7 L � . c � � '��i'�`te . • �rr't ' , Cantilevered Not Over Traffic: 0 ❑ �,�( ' ' Intersecting Roadway? Flashing YES t Signalized? YES Li l . Is? ��'(❑ ' , e rr 16 - Interconnection: For Traffic Signals ❑ � r ` F 1 -7 AA ' 4 ± Traffic Signals Controlling? ❑ •� 1 - F k ^ , , 1r i t r . p . , c ., J '• [ !,," " r- Preemption: SIMULTANEOUS PREEMPTION ❑ • . ; a • • [ ; # 1. 4 L ❑ x Traffic Pre-Si gna tx # �' L ° " �i•) � ❑ .- 1f ja 0 C] z 8" Count: . - L... - , ....... - ... .;,..-, -;-.., ,..t....,t ,,: `. F,-- '''';`1 `1 e'r �f ; + LE Count: LED Count: install - Upgrade -- 05/011199 Er.�1, ' °� 's: ® ' a pyhs bII , ` . y� Co . + c i } .may { lF '`;'..),•:...,,•r;.' �wu_ i -zY Y ? . , ' _174 ` J i ��• }F ` I A4:4' ' ' 1ST a t © t a ' . 3� ` J # 6 art i'6 r , w ; C t `� 3 :•,,,,: n �) +C ,45„,. 6,,," / ` --- i 43 ,;:'-r-1;':- r' °. '' 4"::: P, � �.s� P ► , t3oLS € 1,. rac un e rt stre , , x , , r r • redo* r `.. 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