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HomeMy WebLinkAboutItem #08 Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices – Spring Avenue /dr ocoee florida AGENDA ITEM COVER SHEET Meeting Date: April 5, 2016 Item # Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: 4q/r7 Subject: Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices — Spring Avenue. Commissioner Wilsen, District 2. Background Summary: This agreement provides for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on Spring Avenue at the Florida Central Railroad crossing. The purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals to meet current requirements. For clarification, the 1987 FDOT Railroad Signal Safety Program map and maintenance agreement incorrectly describe "Spring Avenue" as "Spring Street". The Railroad Crossing and Milepost numbers match the designated Spring Avenue. Public Works recommends approving the agreement. Issue: Request the City Commission to approve the agreement with the FDOT to install new crossing signals at the Spring Avenue railroad crossing. Recommendations Recommend the City Commission approve the Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices, FM No. 439097-1-57-01, 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. 439097-1-57-01, and Resolution. Financial Impact: The signal upgrades are 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 X 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. .siel'41- N/A Reviewed by ( ) N/A 2 RESOLUTION NO. 2016- 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 SPRING STREET (AVENUE). 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.: 439097-1-57-01" 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 affect 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 , 2016. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk Rusty Johnson, 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 ,2016, LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. ,2016. SHUFFIELD,LOWMAN & WILSON P.A. • By: Scott Cookson, City Attorney FDOT Florida Department of Transportation RICK SCOTT 719 S. Woodland Boulevard JIM BOXOLD GOVERNOR DeLand.Florida 32720-6834 SECRETARY March 8,2016 Mr. Steve Krug Public Works Director City of Ocoee 301 Maguire Road Ocoee,FL 34761 Subject: RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES-CITY and CITY RESOLUTION FM#439097-1-57-01 RR Crossing No.621876-G Spring Street RR Milepost No.AVB-833.50 City of Ocoee Orange County Dear Steve, Annually,the Department of Transportation assembles a District Diagnostic Team to conduct on- site evaluations of railroad crossings that have been identified as potentially hazardous. Representatives from the Department's Safety and Rail Offices and Florida Central Railroad Company, Inc. evaluated the above rail-highway grade crossing in Ocoee. The purpose of this letter is to advise you that the safety improvements identified for this crossing have been included in the Department's Adopted Work Program for 2016. The installation of the recommended signal improvements will be at the Department's expense using Federal Safety funds. Enclosed for your review and execution, is one(1)copy of Railroad Reimbursement Agreement-Grade Crossing Traffic Control Devices-City and City Resolution for the above project. The Department proposes to install two flashing lights&gates,cabinet,conduit,cable,power,sidelights for Rewis St.and constant warning time at Spring St.at the Department's expense using Federal funds. 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. Please execute and return this agreement to me for further processing.Once all signatures are received,I will distribute a fully executed copy of the agreement for your files. Sincerely, Jim Ganey District Five Rail Coordinator 719 S. Woodland Blvd. MS#3-562 DeLand,FL 32720-6834 386-943-5331 cc: Scott Allbritton-FDOT www.dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-27 RAIL RAILROAD REIMBURSEMENT AGREEMENT OGC-02/14 GRADE CROSSING TRAFFIC CONTROL DEVICES -MUNICIPAL FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL& R/W NUMBER FAP NUMBER 43909715701 SPRING STREET ORANGE 1(75000-SIGG) OOS5-053-J THIS AGREEMENT, made and entered into this day of , 2016 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 439097-1-57-01 on SPRING STREET , which crosses at grade the right of way and tracks of the COMPANY'S Milepost AVB-833.50 FDOT/AAR Crossing Number 621876-G , 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 DEPARTMENT'S 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. 725-090-27 RAIL OGC-02/14 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$ 167,602.00 . 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: © (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. ❑ (c) $ 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-02/14 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-02/14 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 Department's 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 this agreement is fully executed and construction is complete,the agreement dated December 9, 1987 (attached as Exhibit A)will be terminated. 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: CITY OF OCOEE , FLORIDA BY: (TITLE: Legal Review Approved as to Funds Approved as to FAPG Available Requirements BY: BY: BY: Attorney- DOT Date Comptroller- DOT Date FHWA Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-41 RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES RAIL ANNUAL MAINTENANCE COSTS OGC-03/12 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL& R/W NUMBER FAP NUMBER 43909715701 SPRING ST. ORANGE 1(75000-SIGG) 0O55-053-J COMPANY NAME: FLORIDA CENTRAL RAILROAD COMPANY, INC. A. FDOT/AAR XING NO.: 621876-G RR MILE POST TIE: AVB-833.50 B. TYPE SIGNALS PROPOSED III CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* 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 $8,442.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011 Public Railroad-Highway Grade Crossing Costs EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. *This schedule will become effective July 1, 2011 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. TO: T0562GJ @dot.state.fl.us SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT AS106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AS106 Contract Type: Method of Procurement: Vendor Name: FLORIDA CENTRAL Vendor ID: VF581706789001 Beginning date of this Agmt: 02/29/16 Ending date of this Agmt: 12/31/56 ************************************************************************ ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: LOA Funds have been: APPROVED 55 052000531 *A9 *131512 * 167602.00 *43909715701 *127 * 2016 *55100100 *088808/16 W001 *00 *CO-1 *0001/04 TOTAL AMOUNT: *$ 167,602.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 03/02/2016 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-55 CITY RESOLUTION RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY 10198 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL& R/W NUMBER FAP NUMBER 43909715701 SPRING STREET ORANGE 1(75000-SIGG) 00S5-053-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 SPRING STREET 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 439097-1-57-01 on SPRING STREET which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 621876-G 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 , 2016 . Mayor-Commissioner ATTEST: (SEAL) City Auditor and Clerk pRoG Company Address 11209 Electron Drive = Louisville,KY 40299 FILIRAIL SERVICES A Caterpillar Company Quote Information Quote Number 00026549 Prepared By Darrell McGuire Quote Name Spring St.DOT#621876G-00026549 Title Account Executive Created Date 2/19/2016 Email dmcguire @progressrail.com Account Florida Central Railroad Company Contact Name Shawn Iacono Phone (407)880-8500„1112 Email siacono @fcrr.com Quote Line Items QTY UN Line Description Sales Total Pace Price Material,labor,expenses and equipment to install new flasher and gate type signals equipped with 12" LED light units and pole mounted bells(two signals equipped with one-way side lights).Price includes a USD USD 1.00 LOT new factory wired shelter using a P MD-3 with remote and shunt enhancer for train detection equipment. 176,070.00 176,070.00 Price includes all required field materials consisting of the cable,conduits,rail bonds,track connection kits,ac meter service and all other miscellaneous materials to complete the new signal system. Grand Total USD 176,070.00 Terms and Conditions Payment Terms Net 30 Remarks -Quote valid for 120 Days -Safes tax is not included. -Deliveries are subject to change at time of order placement. -Quote is based upon the above quantity and specifications.Any changes may affect pricing. -Freight rates are based on time of quotation and are subject to change at time of order placement and at time of shipment. -Acceptance of an order is governed by the Progress Rail Services Sales Order Terms And Conditions which are attached to this quote. To place your order please e-mail your purchase order to Signal.Orders @ProgressRail.com. Thank you for allowing us to be of service. Terms&Conditions Effective as of July 1,2014 PROGRESS RAIL SERVICES SALES ORDER TERMS AND CONDITIONS 1.ACCEPTANCE.These terms and conditions apply 7.SHIPMENT/PASSAGE OF TITLE.All goods to all sales by Progress Rail Services Corporation or one of its shall be shipped FCA Seller's facility(Incoterms®2010). affiliates stated in any related sales order or invoice("Seller") Title to the goods sold hereunder shall pass to Buyer upon issued or approved by such Seller. This is an offer to sell to delivery to the carrier at the point of shipment.Without Buyer by Seller. Seller may revoke this offer at any point up Seller's prior,written permission,neither Buyer nor Buyer's to,an including,acceptance of the goods or services by Buyer. consignee shall have the right to divert or reconsign such BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED shipment to any destination other than specified in the bill of TO THESE TERMS AND CONDITIONS AND ANY lading.Seller reserves the right to select the mode of PRINTED ON SELLER'S SALES ORDER OR INVOICE. transportation. NO TERMS OR CONDITIONS ISSUED BY BUYER ARE 8. PAYMENTS AND LATE CHARGES ON PAST BINDING ON SELLER AND SELLER REJECTS ANY DUE ACCOUNTS. If Buyer fails to comply with any SUCH TERMS OR CONDITIONS, UNLESS provision of the Agreement or fails to make payments pursuant SPECIFICALLY AGREED TO IN WRITING AND SIGNED to the Agreement or any other agreement between Buyer and BY SELLER. THERE ARE NO UNDERSTANDINGS, Seller,Seller may at its option defer shipments or performance TERMS,CONDITIONS OR WARRANTIES NOT FULLY or,without waiving any other rights it may have,terminate this EXPRESSED HEREIN.ACCEPTANCE OF THESE TERMS Agreement without liability.All offers shall be subject to the SHALL BE EVIDENCED BY BUYER'S ACCEPTANCE OF approval of Seller's credit department.Seller reserves the right GOODS OR SERVICES OR UPON BEGINNING OF before making any delivery,or providing any service,to PERFORMANCE BY SELLER. require payment in cash or security for payment,and if Buyer 2.PURCHASE PRICE.The purchase price of the fails to comply with such requirement,Seller may terminate goods or services shall be as stated on Seller's sales order or this Agreement.A late charge of 1 V2%monthly(18%annual invoice(together with these terms and conditions,the rate)or the maximum allowed by state law, if less,will be "Agreement");provided however,that if Seller announces a imposed on all past due accounts. general price increase,the purchase price shall be revised to 9. CLAIMS BY BUYER. Buyer shall thoroughly include the price increase unless the goods are scheduled for inspect goods and services sold under this Agreement shipment or services are to be performed within thirty days of immediately upon receipt to verify that the such goods and the price increase. services conform to the specifications of the Agreement. 3. LIMITED WARRANTIES.Seller warrants that the Buyer must notify Seller of claims for failure or delay in goods and services sold to Buyer through this Agreement will delivery within ten(10)days after the scheduled delivery comply with agreed upon specifications when performed. date.Buyer must notify Seller of any claims for Seller warrants only its services and does not warrant any nonconforming or defective goods or services within ten(10) goods supplied in performance of the services.However, days after receipt or any claim related to such goods or Seller may assign to Buyer,at Buyer's request and to the services shall be waived. In addition,Seller must be given extent an opportunity to investigate the claim before Buyer disposes they are assignable,warranties applicable to goods or services of the goods or else Buyer's claim will be barred.Seller shall provided by third parties and supplied by Seller in performance incur no liability for damage,shortages,or other cause of the services.The warranties in this Agreement are void and alleged to have occurred or existed at or prior to delivery to shall not apply if in the reasonable judgment of Seller,items on the carrier unless Buyer shall have entered full details thereof which services have been performed or goods supplied in on its receipt to the carrier. performance of the services,have been damaged by improper 10.PERMISSIBLE VARIATIONS.The goods sold application,abuse or neglect,improper maintenance or repair, hereunder shall be subject to standard manufacturing subjected to inappropriate environmental or operational variations,tolerances and classifications of the Seller and in conditions or services by third parties without prior written the industry. authorization from Seller. SELLER MAKES NO OTHER 11.TECHNICAL ADVICE. Buyer represents that it WARRANTIES,AND EXPRESSLY DISCLAIMS ALL has made its own independent determination that the goods OTHER EXPRESS OR IMPLIED WARRANTIES, or services it is purchasing under this Agreement meet all INCLUDING,BUT NOT LIMITED TO,WARRANTIES OF design and specification requirements of Buyer's project and INFRINGEMENT,MERCHANTABILITY,FITNESS FOR A are suitable for Buyer's intended application.Buyer further PARTICULAR PURPOSE OR ANY WARRANTY represents that it has not relied in any respect on any written RELATED TO PERFORMANCE OR TO THE or oral statements or advice from Seller. SUITABILITY OF BUYER FURNISHED DESIGNS, 12.TAXES.No tax imposed in respect of the sale of MODIFICATIONS OR SPECIFICATIONS. the goods or services sold hereunder is included.Any such 4.LIMITATION OF BUYER'S REMEDIES AND tax shall be added to,and paid by Buyer as part of,the SELLER'S LIABILITY.Seller's liability hereunder shall purchase price. be limited to: (1)the assignable warranties referenced above 13.INDEMNITY.To the fullest extent allowable by with respect to goods;(2)re-performance of services;or(3) law,Buyer shall defend,indemnify and hold harmless the allowance of a credit,at its option. Seller's total cumulative Seller and its officers,directors,employees,agents, liability in any way arising from or pertaining to any goods representatives and affiliates from any and all loss,liability, sold or required to be sold,or services performed or required claim,cause of action,cost,judgment,or damages,including to be performed shall NOT in any case exceed the purchase reasonable attorney fees for any personal injury,death, price paid by Buyer for such goods or services.TO THE property damage,or economic loss of any sort,related to any FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT act or omission of the Buyer or use or abuse of the goods by SHALL SELLER HAVE ANY LIABILITY FOR the Buyer or any third party receiving,using or abusing the COMMERCIAL LOSS,LOST PROFITS,CLAIMS FOR goods after Buyer's receipt,without regard to whether any LABOR,OR FOR EXEMPLARY, INDIRECT, loss is based upon breach of contract,breach of warranty, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF negligence,strict liability,or other tort or contract theory or ANY TYPE,WHETHER THE CLAIM BE BASED IN cause of action. CONTRACT,TORT,WARRANTY,STRICT LIABILITY, 14.WAIVER. Failure or inability of either party to NEGLIGENCE, OR OTHERWISE,AND IRRESPECTIVE enforce any right hereunder shall not waive any right in IF SELLER WAS ADVISED OR AWARE THAT SUCH respect to any other or future rights or occurrences. DAMAGES WERE POSSIBLE OR LIKELY. IT IS 15. PERIOD OF LIMITATIONS.Buyer and Seller EXPRESSLY AGREED THAT BUYER'S REMEDIES agree that any action by Buyer against Seller for breach of EXPRESSED IN THIS PARAGRAPH ARE BUYER'S this Agreement,including any action for breach of warranty, SOLE AND EXCLUSIVE REMEDIES. NO DELIVERY or otherwise in connection with the goods or services sold DATES ARE GUARANTEED.BUYER'S SOLE AND under this Agreement,must be commenced by Buyer against EXCLUSIVE REMEDIES AND SELLERS ONLY Seller within one year after the cause of action accrues. LIABILITY FOR ANY DELAY IN DELIVERY OF 16. SEVERABILITY.In case any provision of this GOODS OR SERVICES SHALL BE LIMITED AS SET Agreement shall be dedared invalid,illegal or FORTH HEREIN.THE PROVISIONS OF THIS unenforceable,the validity,legality and enforceability of the PARAGRAPH SHALL SURVIVE THE ACCEPTANCE OF remaining provisions shall not in any way be affected or THE GOODS OR SERVICES SOLD HEREBY OR THE impaired. TERMINATION OF THIS AGREEMENT FOR ANY 17.APPLICABLE LAW.The United Nations REASON. Convention on Contracts for the International Sale of Goods 5. FORCE MAJEURE. In addition to all other (1980)shall not apply to this Agreement.This Agreement shall limitations stated herein,Seller shall be excused for any be governed by,and construed and enforced in accordance failure or delay in the performance of any of its obligations with,the laws of the State of Alabama.Buyer and Seller,each under this Agreement if such failure or delay is due to a as part of the consideration hereof,agree to the exdusive strike,lockout,work stoppage,labor dispute,material venue shortage,utility outage,delay in transportation,fire,flood, and jurisdiction of,and specifically agree that any legal action earthquake,severe weather,act of God,accident,trade brought relating to this Agreement'or goods or services sanction,embargo,act of war,terrorism or threats of same; provided will be brought and tried exclusively in the state or condition caused by national emergency,new or changed federal courts serving Marshall County,Alabama. law;failure of suppliers to deliver or meet requirements; 18.COMPLIANCE WITH LAWS.Buyer understands and casualties or breakdown of or damage to plants,equipment, agrees that goods and services sold by Seller,and any or facilities of Seller,any component manufacturer,repair software, facility,or their respective suppliers;breakdown in parts and components contained therein,along with any transportation services;any other act or cause which is related unpredictable and cannot be reasonably avoided;and any act manuals,materials,information or data,including but not or cause which is beyond the reasonable control of Seller, limited to any parts,support or services provided by Seller whether similar to or different from the causes above (collectively,the"Product and Services"),as well as enumerated,and whether affecting Seller or its agents, performance by the parties under this Agreement,are subject subcontractors,or suppliers,for as long as such to circumstances prevail.Seller will undertake,as soon as laws,rules,regulations,directives,ordinances,orders,or practicable,to notify Buyer of any actual or anticipated statutes(the"Laws')of the United States and may be subject failure or delay,and Buyer will use its commercially to the Laws of other,applicable countries(including,without consequences on performance hereunder.The parties shall limitation,Russia).Buyer agrees to comply with such Laws,as remain liable for those obligations under this Agreement not applicable,which may include but are not limited to,the U.S. affected by the force majeure event;provided however,that in Foreign Corrupt Practices Act,UK Bribery Act,anti-bribery the case of a U.S.sanction,embargo,or other trade order or Laws of other countries, U.S.Export Administration rule that would prohibit or otherwise render Seller's Regulations, U.S.International Traffic in Arms Regulations, performance under this Agreement impracticable,Seller shall and Laws administered by the U.S.Treasury Department be excused from the performance of any remaining obligations Office of Foreign Assets Control and U.S.Department of State. under this Agreement and this Agreement terminated,without Buyer agrees to cooperate with Seller to ensure compliance cost or liability,upon written notice by Seller. with the Laws when engaging in activities related to Buyer's 6.BUYER'S OBLIGATION TO PASS ON performance of obligations under this Agreement and further LIMITATION OF WARRANTIES AND REMEDIES. In agrees to indemnify,defend,and hold harmless Buyer,Buyer's order to protect Seller against claims by any purchaser from direct and indirect parent entities and affiliates,and its and their Buyer,if Buyer resells any of the goods or services purchased respective directors,officers,employees,agents,successors, under this Agreement,Buyer shall include the language and assigns,against demands,liabilities,fines,penalties, contained in paragraphs 3 and 4 of these Sales Order Terms losses,and damages(including costs,investigation and and Conditions,dealing with Seller's warranties and limitations litigation expenses and counsel fees incurred in connection of warranties and remedies,in an enforceable agreement with therewith)arising out of or related to Buyer's obligations under Buyer's buyer.Buyer shall also include a provision in its this paragraph.In the event of an enforcement action against agreement with its buyer applying Alabama law to any claims Buyer relating to Buyer's non-compliance with the Laws that its buyer might assert against Seller with respect to goods or reasonably relate to Buyer's performance under this services provided by Seller,and requiring its buyer to bring any Agreement, such action against Seller either in the state or federal courts Buyer shall provide to Seller written notice of such serving Marshall County,in Alabama.Buyer shall defend, enforcement action prior to publication or disclosure of such indemnify and hold Seller harmless from any and all claims, enforcement action,and in no event later than ten(10) causes of action,damages,losses or expenses(including business reasonable attorney's fees)that Seller incurs by reason of days following such enforcement action. Notwithstanding the Buyer's failure to comply with this paragraph.The provisions foregoing,Buyer agrees not to export,reexport,transmit or of this paragraph shall survive the acceptance of the goods or otherwise transfer the goods or services,whether directly or services sold hereby or the termination of this Agreement for indirectly:(I)to any person or entity listed or otherwise any reason. designated as a blocked,prohibited or trade restricted person or party by the U.S.Commerce Department,U.S.Treasury Department,or U.S. Department of State;(ii)for any purpose or use prohibited by the U.S.government,such as for nuclear, chemical,or biological weapons production or proliferation,or (iii)to any destination or transit point subject to trade prohibitions by the U.S.government,as may be amended from time to time,such as the prohibition against transactions or trade with Iran or the Government of Iran. Crossing No: 621876G Roadway: SPRING .. . , RR Street: District:5 County: Orange PUBLIC HWY AT GRADE Residental City:Ocoee IN CITY OPEN-TRACK ACTIVE Rank 2013: 3108 SR No.: RR Company: FCEN Date:06/24/2015 Rank 2012: 3301 CR No.: Division Name: TAMPA Team Members:Scott Rank 2011: 3294 US No.: Subdivision Name: ORLANDO Allbritton-FDOT:Jim Latitude: 28.578900 Branch Name: t \ t- WINTER CARBE-N Ganey-FDOT:Laura Longitude: -81.540000 RR Milepost: 833.50 Regalado-FDOT:John Field Review Comments: Old signals Barragan-FDOT,Matt Schwerin-FNR and Shawn lacono-FNR Team Recommendations: 2-FL&G's,cabinet,cable,conduit, power,sidelights for Rewis St(park entrance)n-!'(,;r' •'; City to refresh pavement markings and install crosswalk on Rewis St. Highway Speed: 25 ❑ y Train Speed Range: 5-10 U Crossing Angle: 60-90 DEG ❑ Max Time Table Speed: 10 ❑ AADT: 1700(2012) ❑ - Day Thru/Switch: 0/2 ❑ Percent Trucks: 4(2012) ❑ _ Night Thru/Switch: 0/0 Ill School Buses: 0 (2014) ❑ Train Service: Freight ❑ Street Types: Two-Way Street ❑ Passenger Count/Day: 0 ❑ Thru Lanes: 2 ❑ Train Count Date: 03/31/2011 ❑ Aux Lanes: 0 ❑ Main Tracks: 0 ❑ Hazmat Route? NO ❑ Other Tracks: (1)Spur/Lead ❑ Emergency Services Route? YES [] ❑ Emergency Notification Signs: NO ❑ Train Signals? NO ❑ Crossbuck(4x4 post): 0 ❑ Train Signal Proximity: NO ❑ Crossbuck Sign: 3 ❑ ' Train Detection: None ❑ Stop Sign: 0 ❑ Event Recorder? ❑ Yield Sign: 0 ri Number of Bells: 2 ❑ Low Ground Clearance Signs: 0 ❑ Post Mounted Flashing Lights: 1 ❑ Exempt Signs: NO ❑ ❑ Trespass Signs: NO ❑ Roadway Gate Count: 0 ❑ W10-1 2 R10-6a 0 W8-1 0 Pedestrian Gate Count: 0 ❑ W10-2 0 R11-2 0 W10-6 0 Gates: ❑ W10-3 0 R15-2P 0 W10-9 0 Cantilevered Flashing Over Traffic: 1 ❑ W10-4 0 R15-6 0 W10-9P 0 ❑ W10-11 0 R15 6a 0 N10 11a 0 'Cantilevered Flashing Not Over Traffic: 0 ❑ - Intersecting Roadway? YES ❑ W10-12 0 R15-7 0 W10-11 b 0 -- Signalized? NO ❑ R3-1a 0 R15-7a 0 W10-13P 0 ❑ 0 Interconnection: Not Interconnected R3-2a 0 R15-8 0 1N10-14P R8-8 0 Pvt Crossing 0 W10-14aP 0- Traffic Signals Controlling? ❑ R8-9 0 Look Out 0 w10-15P 0- Preemption: ❑ R8-10 0 R8-8 w/Beacon t; Slow 0- Traffic Pre Signals? NO ❑ R8-10a 0 vv3-1 W10-1v/3eacon p 8"Count: 0 ❑ ' 12"Count: 8 ❑ R10-6 0 W3-3 LED Signs 0 ❑ E] LED Count: 0 Surface Installment Date: Install-Upgrade. --03/26/1988 ❑ Surface Type: ASPHALT ❑ Maintenance Responsibility: CITY ❑ Pvmt Mrk: STOPLINES AND XING SYMBOLS ❑ Roadway Paved: YES ❑ Surface Condition: EXCELLENT ❑ Tracks run down street? NO ❑ Approach: LOS C=Minor erosion ❑ ❑ Sidewalks on Crossing Approach? NO ❑ Vehicle Reaction: LOS C=Shaking Driver Reaction: LOS C=Most drivers slow down n Sidewalks Thru Crossing? N/A ❑ ❑ Crossing illuminated? YES ❑ Rail/Pad Movement: LOS B = Uneven Commerical Power? YES ❑ Incident History: ❑ Alternative Power? 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C ° oI 3 CC C L Q O U c Q b 6 6 N 6 6 b A. 4 V. sz E ' Q_ h h /1 �1 v: m i O = O ° .z CE 0 N 0 ' e '"I¢ W W W u' w a h D n ° h UlN . I I � ry h O U n N OfsIn3M f a° G I re Yl S-.6 L I O -u!N,, ¢� O � O 1n[O-K-01 SIOZ 10119 £o/8(r • • • STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION PAGE I DI I, DIVISION OF PUBLIC TRANSPORTATION OPERATIONS RAILROAD REIMBURSEMENT AGREEMENT •Posting GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY �(G�� 3143, (Municipal) — �2 Mane File COUNTY SECTION RAIL JOB NO. STATE ROAD NO. COUNTY NAME PARCEL&R/W JOB NO. F A P NO. • ■• 75 000 6967 Spring ORANGE ORANGE 1 (Sig. W)Street THIS AGREEMENT, made and entered into this cliik of DEC EMBER 198 -7 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and FLORIDA CENTRAL RAILROAD CO. , INC. ;a corporation of Florida. with its principal place of business in the City of Plymouth, County of Orange, State 'of Florid hereinafter called the COMPANY; and CITY OF OCOEE a municipal corporation,hereinafter called the CITY. W1TNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System,designated by the DEPARTMENT as Job No. 75000-6967 between . West Street - and Orange Street which crosses at grade the right-of-way and tracks of the COMPANY at a point 2640 feet Southwest from the COMPANY'S Milepost AT-834.00 , FDOT/AAR Crossing Number 621876-G ,at or near Ocoee, Florida • as shown on DEPARTMENT'S Plan Sheet No. 1 (One) attached hereto as a part hereof; and WHEREAS,the work contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal Aid Highway Program,Manual,Volume 1,Chapter 4,Section 3 (DIM 1-4-3), as amended, and Federal Aid Highway Program Manual, Volume 6,Chapter 6,Section 2,Subsection 1 (FHB! 6-6-2-1), as amended, and DEPARTMENT'S Rule 1446.02, Florida Administrative Code, as amended. NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: A. The COMPANY shall: 1. Install by its own forces, with supervision and approval of the DEPARTMENT, at an estimated cost of $46_500.00 , itemization of which is attached hereto, automatic railroad grade crossing traffic control devices, hereinafter called "Devices", at said location, in accordance with (1)the attached detailed statement of the work,plans and specifications; (2) the DEPARTMENT'S Plans and Standards Index Number 17882, and (3) FIIPM 14-3 and FIIPM 6-6-2-I,or Rule 14-46.02, all of which by reference are made a part hereof. • • • • ►AO•R Or 1 .'. Provide protective services in accordance with U. S. Department of Transportation Manual of Uniform Traffic Control Devices during the performance of the work, as indicated in the attached plans and specifications,the cost of which is included in the attached cost estimate. 3. Render the DEPARTMENT a final bill, in accordance with applicable Federal or-State • regulations, within one hundred eighty (180) days from the completion date of the project, for all actual reimbursable identified charges including credits for salvage or betterments,if any, attributable to the project;and itemize all substantial charges in a form comparable to the charges contained in the cost estimate. 4. Operate and maintain said devices and perform any adjustment, relocation or replacement of said devices; the cost therefor shall be assumed or apportioned in accordance with Paragraph C. below. B, The DEPARTMENT shall: 1. Promptly reimburse the COMPANY for all actual costs attributable to the project, pursuant to Paragraph A.1., as billed by the COMPANY, pursuant to Paragraph A.3. • C. The PARTIES agree: 1. That the cost for the operation and maintenance of the devices by the COMPANY shall be shared as follows: (a) Fifty percent (50%) shall be borne by the CITY and fifty percent (50%) shall be borne by the COMPANY, in accordance with the attached Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices,subject to future revision. 2. The cost of any adjustment,relocation or replacement of said devices shall be assumed by the party initiating such action, unless otherwise provided for in this contract, existing contracts between the parties,or in existing contracts between one of the parties and a third party. 3. To the extent authorized by law, each party does hereby indemnify and hold harmless each other from all liability, claims and judgments (including attorney's fees) arising out of work undertaken by any such party pursuant to this acrreenent, due to the negligent acts or omissions of their contractors, subcon- tractors, employees, agents or representatives, respectively, except as otherwise covered by bonds or insurance: This provision is a reciprocal covenant and in the • event any portion hereof is found by a court of competent jurisdiction to be unenforceable, then this entire Article C.3. shall thereafter be unenforceable in all respects. , . . .• . , . • ' • . . • ' • ' ' , . PAOIC 3 OF 3 . . • • • 4. Any provision contained in any existing contract relating to said crossing. whether between the parties hereto and/or third parties, shall be. and does. remain in full force and effect. except as otherwise prodded herein. • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed hN their duly authorized officers,and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA .WI.:,-;''. ".., •• ":., DEP.ARTIENT OF TRANSPORTATIO: li. -,.....: • -449:. — ,/, /. i,:!-•:,,F...W -.,v • -i,-.,- _ :,(1,...-. Ifili.•:• gi'',7 Pejo:F B' Ii....,ori / eSaar, (SEAL),'..-:r;:t--,..:, 4°'?"'-', .• crr:.7.1 • S -phan Fregger, P.E , i strict Director . V- -1E`;'•".) .11'';-','. •,,,,. : , • -...,,,,,, . -/. ..,- . P1.4ing and ' I . % ',.?.;;ii-:.:•4C0 ....,* • TES oit., _—JO...._ ... - A...__—L..—.......2.- - Execuiive Secretary ' -- COMPANY: : F !' DA CENTRAL ! ' LROAD CO. , INC. . 4...,,......,' ,..-• %fa' -,-‘`.!0.,,,.t,....,• . , i iMillr ' (SEL) 44 ...: ' BY: ..... , A 59 Title: / ., 0 IC-4- -'7.: .2.,t(-0 • ,;ii. 1 • ATTEST: . _, / I• ,jz Secretary ' • ••-',".7,43.4,,Y4A 4,' CITY OF S. OEE ,FLORIDA • ---'• - . , : wi.• ;:,al a.,^7,_), ;,A- .-,,\..' BY: ..,., ed44.,..) (SEAL)_it..411p, .;,- . .4?...,fr'?:`*;•" it'...' ' ' , • . ; (Title: +-1IA')/14-— ATTEST ) 4." ,..,,.cs::/i ,-*".. .,„(-- •j. )1c.-. t 'f. .,. •. .. ; : 44-e--e---7 L if- 1-7(--'' \'.,'..V.''0,c_.,-.W-.-ss.:'\■-:'-`j-'::::.;.; 4•§.;5-' • -i ")/7 CIA/tk %.4k, "--".---':-----•: .P.'•'-', ,..ts-@;j•- •-.;*".-;.'' '' ;.----!,-).e. , . big: 05 1338 Approved as to Form,Legality and Execution Examined and Approved: 'i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Date Bl- 6.//._ 8- -- : /9 ////9fi7 , ant Kttorney r ...kron Administrator Federal Highway Administration Ilk DEC 1 5 1S87 WO UNDS AVAILABLE . . APPROVED . FISCAL' , . . PORN 11111.44 BTATE O/memo*OEPANYMWT Or TNAN'PONTRTtON ,.�� DIVISION ISION Or PUBLIC TRANSPORTATION • VAS'I Or I CITY RESOLUTION - — GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY • COUNTY SECTION NAM JOB NO. RAT.ROAD NO. COUNTY NAM' PARCEL•N/W SOS NO. I A P NO. 75 000 6967 Spring ORANGE 1 (Sig. W) RRS-0005 Street _ (701) A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REL%II3URSEMENT AGREEMENT FOR FU- TURE RESPONSIBILITY OF GRADE CROSSING TRAFFIC CONTROL DEVICES WITHIN THE RIGHT OF WAY LIMI1,_HEREI.4VAn'ER DESCRIBED AND PROVIDING WHEN THIS RESOLUTION S_HA J TAKE EFFECT. . . • RESOLUTION NO, —%3 • ON MOTION OF Commissioner Councilman) dQ ,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 State Highway System,between West Street and Orange Street _, which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossings over or near said highway. 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 Fla. Central R/R Company for the installation and maintenance of certain grade crossing traffic control devices designated as Job No. 75000-6967 on Spring Street which crosses the right of way and tracks of the Company at FDOT/AAR Crossing Number 621876-Q _ 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 Paragraph 3'of the RAILROAD REIMBURSEMENT AGREEMENT; and, C-1-a That the Mayor and City Clerk.be authorized to enter into such agreements with the State of Florida Department of Transportation and the Fla. Central R/R Company as herein described: and, That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the (ity Co lesion of t Ci of , Florida. in regular session. this Pr. / C� = I y of !� � .r/� . 1 8 .• ( 5 04(. 41)'- • • Mayor-Commiaioner ATTEST: City Auditor and Clerk . (SEAL) • • FORM•111.!1 I..) STATE OF FLORIDA M/NT OF CITATION PAO(,OP I DIVISION OF►USIIC ►ORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES CDU•TY SECt1ON RAILJOS NO. STATE ROAO NO. COUNTY NAME PARCEL O R/W JOE NO. F A• NO. Spring - 75 000 6967 PStreet Street • • a RRS-0201 • AN AGENCY WPI # 5124192 FLORIDA CENTRAL RAILROAD CO. , INC. • A. JOB DESCRIPTION & LOCATION: Install Railroad Crude Crossing IlevirPc at Spring Street B. TYPE OF ROADWAY FACILITY: Two Lane (Rural) in Ocoee, Florida C. i'UOT/AAR XING NO.: 621876-C RR MILE POST TIE: AT-833.50 ' D. TYPE SIGNALS PROPOSED: I)1E- CLASS T INDEX: 17882 • SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES • Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* r 7r a,7P11",-,•;"4.-•. 4. y_ .t .i • , �. /1 r�"fl j E ti� s{n l+ c �1;C'''!� - f. rl����,.,_... ...:.R_..1'.-r.....r -.. .�,, lrfi�1.�8. II Flashing Signals- Multiple Tracks $ 860.00 III Flashing Signals and Gates -One Track S 980.00 IV Flashing Signals and Gates-Multiple Tracks $1,230.00 *Effective February 3, 1971 AUTHORITY: FLOR IDA ADMINISTRATIVE RULE 01446.02 Responsibility For the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: February 3, 19:1 GENERAL AUTHORITY: '.0.O5. F.S. SPECIFIC LAW IMPLEMENTED: 338.21. F.S. 1 • • • . • INSTALLATION ESTIMATE • GRADE CROSSING TRAFFIC CONTROL DEVICES FLS-IT TO: FLORIDA DEPT. OF TRANSPORTATION FOR: TYPE I , CLASS 1 SIGNALS DOT PROJECT NO. 75000-6967 _ , Xc NEW INSTALLATION, MODIFICATION LOCATION: Spring Street , COUNTY Orange , STATE: FLORIDA Road Jurisdiction: City of Ocoe@ Road Name: spring Strppt FDOT/AAR Crossing Numbers 621876-G , RR M.P.: AT - 831_Sp • I. Preliminary Engineering. g Company Forces, Contract S 1 Son 2I. Construction SupervisionsX Company Forces, ` Contract. S 1_150 III. Material: • , Highway Grade Crossing Signal Assembly $ 2,900 * - Control Equipment S 13,600 Pield Material $ 5,911 • Material Transportation S 450 Material Handling. . .5; . . . . . . . . . S 1,121 Material Sales Tax 51 8 1,121 Total Material $ 25.103 IV. Equipment Company Owned 1,73% $ 102 Rental (GMAC Rates) 28/DJY $ 1,031 Total Equipment $ 1.113 V. Labor 100 HRS. SHOP WIRING Direct Ir?bor . . 1:11 MN MIN : .1 IA $ 5,915 Holidays, Vacation, and Pension. . . 22.A L% . . $ 1,326 Payroll Taxes 23 761 . . S 1,405 Insurance ' 10.001 . . $ 592 Meals and Lodging $ 1.376 Total Labor • SUS-TOTAL. . 539,500 • VI. Miscellaneous Items: Cantilever $ 7 onn S • S VII. Total Estimated Cost (Date ) (BY ) 546,500.00 VIII. Submitted BY: Florida Central-Railroad Co._Jnc. RR Company FONM 1•1•33 01/6S STATE OP FLORIDA DEPARTMENT OP TRANSPORTATION P•CE 10♦ 1 DIVISION OP PUBLIC TRANSPORTATION OPERATIONS WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES N COUNTY SECTION PAIL.JOB NO. STATE ROAD NO. COUNTY NAME PARCEL•RAW i0O O. PAP NO. 1 75 000 6967 Spring St. Orange 1 ( R/W SIG-WA RRS-000S(201) AGENCY , • WPI# 5124192 Florida Central Railroad Co. , Inc. : A. JO .A & LOCATION: Install Railroad Grade Crossing Devices at Spring Street in Ocoee, Florida II. 'TYPE OF ROADWAY FACILITY: Two-Lane (Rural) C. - Fl►OT/AAR XING NO.: 621876-G RR MILE POST TIE: AT-833.50 D. TYPE SIGNALS PROPOSED: I, II CLASS: I INDEX NO 17882 E. STATUS AND PROPOSAL: I. EXISTING PROTECTION: (See Agreement dated None of Recorej a. None-New Crossing XX Crossbuck and Disk • c. Flashing Signals and Disk d. Flashing Signals with Cantilever C. Flashing Signals with Gates • f. Flashing Signals with Cantilever and Gates • 2. PROPOSED PROTECTION: (Safety Priority Rating 174 ) a. No revision required • b. Crossbuck and Disk c. 221__. Flashing Signals and Disk Flashing Signals with Cantilever e. Flashing Signals with Gates f. Flashing Signals with Cantilevers and Gates (1) _(With-Without)addition of Gates • (2) __.,(With-Without)synchronization with DOT traffic signals g. .Relocate existing signal devices F. COI:■lUNICATION AND/OR POWER LINE ADJUSTMENTS: 1. Xx By Others( If required 2. By Railroad Company Come Y) G. AUTHORITY REQUESTED:. (Draft attached: Yes XI( _ No) 1. xx Agreement (Third Party Participating City of Ocoee ) 2. Supplemental Agreement No. • 3. Crossing Permit...,-. 4• Estimate for Chage Order No. 5. Letter of Authority 6. Letter of Confirmation (No Cost to Department) II. OTHER ItI.:\1:1IIKS: Install Type I II sicmals per attached construction .,Fans. Negotiations to he completed by: Mav 1988 Signal installation target date: June 1988 n1•11:onizalion: (Draft attachc'I Yes xX No) - . FLORIDA RAIL-DIGIIWAY GRADE GRO Si::G,i`Q'ROVEMENT PROGRAM B.I. No.5124192 • DIAGI:OSTIC IELD REVIER REPORT ' • ` Job No.15000-696, R R s — o o o S (2.0 1 ----- 1 I. LOCATION DATA =,/R ! P. AT- -:, Crossing No. 621376-6 Crossing Roadway I.D.__S ring Street d Priority No. 190 Maint. RR Co. S9^ Count Orange Cit gIn Occ•sr. Y y ONear j I l. RAIL DATA , • I No. Tracks 1 Max. Train Speed 20 Normal Speed Range to No. Trains/Day h 4 AMTRAK Line ,j Nay Exicting Protection Croscbucks • ,recommended Protection F'13strin' lirnts I III. HIGIP'AY DATA F NOTE:,'Diagram Crossing In Space Provided (Include Intersection) 1 'No. Lanes 2 Highway Speed 2r ADT 1,525 No. School Buses G t 1 Iaintaining Agency City of Ocoee Crossing Condition Mood O Poor O Yee (If Yes. complete INTERSECTIO` Does Signalized Intersection Influence Crossing ? I®No DATA) 7` \ ___ AlJ1. sz IV. CROSSING DIAGRAM i R 4'f G_16`1G—G, i •\ —.--1---------:-----' 1■17- • 17, 0 N cod........--,-- . f _- H-I 1 1 r Y install Twee ;i:na1 2 , 1 install Tyne !I..c rna1-- f/' ii \ f V. UTILITY CONFLICTS f °Yes 10ho\. Describe Conflicts -- . 1111. REVIEW TEAM RECOMMENDATIONS J N N.Install Tyne 1 Flashinr lif-nt in :W uadrai)Z with ad 'c-nts_ai^ed ^st and Fast Install Tire II r'antt•ilever lirht in S°: cuadrar with evt.r iohts ai,ed to Z wilie^ ;w�. -ntilrver rend due to offset f:^ CL Spring street. Install d-10 warninr "II. INTERSECTION DATA J signs alone parallel streets. (By City) Coves RR Preemption Exist? O Yes • Width of Crossing(Stop line to stop line) ft. . Oro lstance from Intersection Stop Line to Nearest Track on Approach ft. 1•'a. of Canes at Intersection Left Turn Thru Right Turn Does "DO NOT STOP ON TRACKS" Sign Exist? Oyes O No I:istance from Tracks to Nearest Upstream Signalized Intersection (Less than 1000') ft. ViI1. REVIEt.TD BY 1 Others Dist. RR Coordinator .f D 9eacn 'Name J Sweinhart. FDOT Agency State Safety Dist. Safety Engr. F J '^rry R W Woodruff, FDOT, Railroad Liaison Engine r PR Representative r ' 'terev FH'JA Representative pan 3, 1;36 Date Reviewed 0 Additional Coements,On Back JlT�wn--.rd[ c e,,,,x otc.--ta- e.,,- —6-97 • _ . .. BEST AVAILABLE COPY .__............___ r---•"' •• ■ I 0 i ■ " ,,• .4 ...-" 41 il .1 ,..7 • • . 1 ii li ..'■ l'i .1' I, . . . •q.,1...10...,00, . • ! r,_.40, ..40.*:.1„..-.. .v..—---rze ....I••Mr) .... 4 ; I \i ••••••••, r I 41 1 Ow ,- -...1,-.1 t....,,,,,,:.,,„, alit"' ,--• T.-- • '•■■401.01......._.......,■■•L 411,S. .,,,,Y,o,y. '2 ' i i t ,...,. 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TYPE IV --- 0,1.1,{p•to...• 'yaw Mat=Ma MOM tOolloo.mom ...Oa Mil •l•3 V, 11.13■0•7 •••• I..:... ,,,,•,,,,, •111..••••• 0....",- 4,•••••••...1••••■••••••••• ,••••• •• ••••• l••.i.... ...la A.../- .•• •4 •w.•• •• atm•••••••• •••••• ... '. r.••••••....••eltte.”•••17." •-••t....t.4t,....,:,.11144.112,..E11/771••••....... . _ - • . .. .. • - Ar jimiLES..0 0.41 ?WM.:114. :...,4 ',\..,4.:,.t' ' 'A '.47•••••-fttrvele I . ... i _ l 110 Air ma •— ;,,..".--,a....: =1,11,—• — .:12711,21.111.111.11111. •.• \-‘,.. - t*40 '- ‘ '‘-- -'--- . 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BEST AVAILABLE COPY RAILROAD CROSSING AT RAILROAD CROSSING AT TWO(2)-LANE ROADWAY MULTI-LANE ROADWAY . •,,i,:..r.,.•;;;17,,-.!1-.:0:.; • 1 1 ........ , _.,...... ..I I .....—... ..... ,"'•>. 11144-----------9FiF Or:Wit:7 on 'T° I ' 1 ....,- ....,-- . 4/• tit ...i.:41,•,.:•°•""'°°A- 1:11:11 -:1--- ..;,. . ••- -Ll'Art„?,:r*t",,,`47,"'' '•:-, ',.I---------------II- - ./ - 51C. 'r •e / -.... --" -Z II i t..," ,.ZS . •S- 2'..1.°Eliiin:Sztiar-, - ' i_....4:••:,7:-.:::?7;•;7....,. • ' I _i_ ••••:v I H . I INN SPEED I - " M P I X .. . 40 30 275 200 ".1:32:411r.". _...1 11 URBAN 50 MIN XIIRX ji I 1 I - , . —4.55, *:.. i r" .' .i. •Y.;71::-;,.•-ii,7..:7-•-::::1', ..1-€:"`z-- - - i 6 - r LOPO■Or PAPT1.1,1■I 0,tR•MSP0111117.011 • .^.. :,"..... /-L-•/ i •.• '3•••••.. :1'7,;.7 . . .- . . .....____ „„„ • :••• • • cr••;=••=” .• I 11 I 1;1 II I I I ,• r, • • id !, I . I C•rn° s•-• RAIS••••• GATT ARV 1,.I40T 500C1,10 I I : SKS.421.100,.00.00% 10.00S.N. 0•••••••••••• — ••• r —• — • 0,4,t •■•■• ••• 41•• •• FT 1- ••.-• • I i I 1 S r••••• •1121_811C. ,S •• I ! •M•0.0010 70 TS PT 1.1 I Au•••.••• ' I ; 0f OMIT SECTION•• 0■TES • It •• I ; 1• I I ••021.. 11 ,7•••0••■• 1 •O•• oC••• 11 I I 1•2•1•.'"IreI •11•11C00.0.000..••••• 0.1••■•••••,.o• 0`,7•01••••••C[70;00...7/.0•••••••■•■• ■•t •7•0”....0.0.0. ••••••••••••••7 •TO • •L•11 •••1•1/1‘• St0.0,0f 0•14,0 t7 61,[1.• MEDIAN SIGNAL GATES FOR MULTI LANE UNDIVIDED URBAN SECTIONS OH.ORE ORivir.4 L../S ONE 009ECTION•OHM P.001E5. ••■••• • •■•■•••••■ •••00000 GYM 0•01111.10•010 C00;00,..C.CTS •••—• •• ••• 0.4 17082 • STATE OF FLORIDA iii DEPARTMENT (DEALT RANSPORTATION " """'°"" RAILROAD SAFETY PROGRAM x ''�'a9 »x •s °Z r 75000-6Tb'' J : "emu >,-,' .' .g, *.yp ^ 9< ,.',%y Eu . �� 1,7 ,���} �F Wig' � ,�' � �� '`":,,t,.. �.g�; ., 411---xe,,,.,, -,„,,,,- ..., .,, ..., - .., ,;(,.›,b„..,•50„ 4„,,, fi Y " -,w ?Fx y.t-p s x's e w dk en.'t:ra'f : v.^Cay c' ' a,« ` A :44:-..�'4s r, xu..0DCR ,:-l.+(h.I n'na rr ,= .4 t T n _ _ u a ,,t}ex „„,.o.k u s �, � ° °r 25900 ,,Y" k r a .. r',',= c a %v:,;',;- " 7 „ � a 000Y,01)"' 05)� 4 $' p" v3 "1 ` r # .,,."4' 1- `qle . p , « r ' T '