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Item #04 Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices – Wastewater Road (Beech Center) 401, ocoee florida AGENDA ITEM COVER SHEET Meeting Date: June 20, 2017 Item # Reviewed By: / Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: /A'," Subject: Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices — Wastewater Road (Beech Center). Commissioner Keller, District 4. Background Summary: This agreement provides for funding from the Federal Highway Administration to the Florida Department of Transportation (FDOT) to install new railroad grade crossing signals at what the Florida Central Railroad refers to as the "Wastewater Road Crossing", which is the entrance road to the Beech Center and Utilities Department. The purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals to meet current requirements. 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 Wastewater Road railroad crossing, which is the entrance road to the Beech Center and Utilities Department. Recommendations Recommend the City Commission approve the Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices, FM No. 440611-1-57-01, 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. 440611-1-57-01, 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. N/A Reviewed by ( ) N/A 2 FDDT Florida Department of Transportation RICK SCOTT 719 S. Woodland Boulevard RACHEL D.CONE GOVERNOR DeLand, Florida 32720-6834 INTERIM SECRETARY May 9,2017 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#440611-1-57-01 RR Crossing No.621871-X Wastewater Road RR Milepost No. AT-834.50 City of Ocoee Orange County Dear Steve, Annually,the Department of Transportation assembles a Diagnostic Safety 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 Fiscal Year 2018. The installation of the recommended signal improvements will be at the Department's expense using Federal Safety funds that will be released after October 2017.The Department proposes to install two flashing lights&gates,a cabinet,conduit,cable,power,one pedestrian gate and constant warning time for the safety of Ocoee's citizens. 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.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. 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. Sincerely, frt Jim Ganey District Five Rail Coordinator 719 S. Woodland Blvd. MS#3-562 DeLand,FL 32720-6834 386-943-5331 Scott Allbritton-FDOT www.fdot.gov 725-090-27 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&R/W NUMBER FAP NUMBER 44061115701 WASTEWATER ROAD ORANGE 1(75000-SIGG) D518-010-B THIS AGREEMENT, made and entered into this day of 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 440611-1-57-01 on WASTEWATER ROAD , which crosses at grade the right of way and tracks of the COMPANY'S Milepost AT-834.50 FDOT/AAR Crossing Number 621871-X , at or near OCOEE as shown on DEPARTMENT'S 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 I I I Class I I I 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-02/14 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. O (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$ 212,721.00 . 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: ❑X (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 0 will ❑x 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 0 betterment 0 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. Upon execution of this agreement by all parties and after all signal improvements have been placed in service,the signal agreement between the Company and the City dated October 1, 1992 will be terminated. 725-090-27 RAIL OGC-02114 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: BY: Attorney - DOT Date Comptroller- DOT Date FHWA Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7290-41 RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES RAIL ANNUAL MAINTENANCE COSTS OGC-07/16 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL&R/W NUMBER FAP NUMBER 44061115701 WASTEWATER ROAD ORANGE 1(75000-SIGG) D518-010-B COMPANY NAME: FLORIDA CENTRAL RAILROAD COMPANY, INC. A. FDOT/AAR XING NO.: 621871-X RR MILE POST TIE: AT-834.50 B. TYPE SIGNALS PROPOSED I I I CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* I 2-Quadrant Flashing Lights with One Track $2,386.00 II 2-Quadrant Flashing Lights with Multiple Tracks $3,158.00 ® 2-Quadrant Flashing Lights and Gates with One Track $3,600.00 IV 2-Quadrant Flashing Lights and Gates with Multiple Tracks $4,520.00 V 3 or 4-Quadrant Flashing Lights and Gates with One Track $7,116.00 VI 3 or 4-Quadrant Flashing Lights and Gates with Multiple Tracks $8,930.00 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, 2016 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. 104,/(- CONTRACT ESTIMATE State Project No. City/County Road Number and/or Name Crossing No. Ocoee, FL. Wastewater Rd. 621871X FCRR PROJECT DESCRIPTION: Turn key upgrade of a grade crossing located at Wastewater Rd. and RR tracks Ocoee, FL. CLNA Milepost 834.5 ESTIMATE OF COST CONTRACT ESTIMATE: $212,721.00 Preliminary Engineering: $2,900.00 Equipment Rental: $9,894.33 Meals&Lodging: $6,148.05 Materials&Additives: Materials Cost: $138,922.16 Sales and Use Tax: moo Freight Charges: $3,914.37 MATERIALS TOTAL: $142,836.53 Labor&Additives: Labor Cost: $28,982.81 Insurance: $2,298.34 Payroll Tax&Overhead: $9,660.94 LABOR TOTAL: $40,942.08 Railroad Cost: $10,000.00 Crossing No:621871X Roadway:WASTEWATER RD. RR Street: District: 5 County: Orange PUBLIC Highway Vehicle AT GRADE Residental City: OCOEE IN CITY Rank 2012: SR No.: RR Company: FCEN Date: 05/07/2012 Rank 2011: 5895 CR No.: Division Name: Tampa Team Members: John Rank 2010: 8773 US No.: Subdivision Name: Groveland Garcia, Jim Ganey,Annette Latitude: 28.585900 Branch Name: AT 326 Lapkowski, Henry Parrish, Longitude: --81.520000 RR Milepost: 834.50 Scott Allbritton Field Review Comments: Jim Beech City Recreation Center. Adding 3rd lane for school. Team Recommendations: 2 FL&G,Cabinet; 1 Ped Gate(Eastside). Local Government Improvements:W10-1 Side Street;W10-2 (2)on Mims RD Highway Speed: 25 ❑ Train Speed Range: 5-10 ❑ Crossing Angle: 60-90 DEG ❑ Max Time Table Speed: 25 ❑ AADT: 0 ❑ Day Thru/Switch: 0/2 ❑ Percent Trucks: 0(2009) ❑ Night Thru/Switch: 0/0 ❑ School Buses: 0(2012) ❑ Train Service: Freight ❑ Street Types: ❑ ❑ _ Thru Lanes: 2 ❑ Passenger Count/Day: ❑ Aux Lanes: 0 ❑ Train Count Date: 06/01/2003 ❑ Hazmat Route? ❑ Main Tracks: 1 ❑ Emergency Services Route? ❑ Other Tracks: (0) ❑ Emergency Notification Signs: YES ❑ ❑ Crossbuck(4x4 post): 2 ❑, Train Signals? NO ❑ Crossbuck Sign: ❑ Train Signal Proximity: ❑ Stop Sign: 1 ❑ Train Detection: Motion Detection ❑ Yield Sign: ❑ Number of Bells: 1 ❑ Low Ground Clearance Signs: 0 ❑ Post Mounted Flashing Lights: 0 ❑ Exempt Signs: ❑ Roadway Gate Count: 2 ❑ Tresspass Signs: ❑ Pedestrian Gate Count: ❑ W10-1 R10-6a W8-1 ❑ .__iGates: 2 Quad W10-2 R11-2 W10-8 ❑ W10-3 R15-2P W10-9 Cantilevered Flashing Over Traffic: 0 ❑ W10-4 R15-6 W10-9P Cantilevered Flashing Not Over Traffic: 0 ❑ W10-11 R15-6a W10-11a Intersecting Roadway'? YES ❑ W10-12 R15-7 W10-11b Signalized? NO ❑ R3-la R15-7a W10-13P Interconnection: Not Interconnected ❑ R3-2a R15-8 W10-14P Preemption: ❑ R8-8 Pvt Crossing W10-14aP Traffic Pre-Signals? ❑ R8-9 Look Out W10-15P 8"Count: 0 ❑ R8-10 R8-8 w/Beacon Slow 12"Count: 10 ❑ R8-10a W3-1 W10-1w/Beacon LED Count: 0 ❑ R10-6 W3-3 LED Signs Install-Upgrade: -- ❑ Surface Installment Date: ❑ Maintenance Responsibility: CITY ❑ Surface Type: ASPHALT AND TIMBER ❑ Roadway Paved: YES ❑ Pvmt Mrk: NONE ❑ Tracks run down street? NO ❑ _ Surface Condition: ❑ Sidewalks on Crossing Approach? NO ❑ Approach: MINOR ❑ Sidewalks Thru Crossing? NO ❑ Vehicle Reaction: NOTICEABLE ❑ Crossing illuminated? NO ❑ Driver Reaction: SOME DRIVERS ❑ Commerical Power? YES ❑ Rail/Pad Movement: NONE ❑ Alternative Power? NO ❑ Recommended Warning Device: Incident History: co ,,\\ \\\ _�_ o �n Q " .-s // z OJ o0_ 0.6; ,,,c- >.. -'•jL' C.' 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N rt) WO - NOISIA3N W O -xew .9-.r O- I 2 N in ,O j0 J w z O OCOE-31-067 imi) FLORIDA CENTRAL RAILROAD 'ee c �' ' FLORIDA MIDLAND RAILROAD �A�.-� t , er. Pea.. :.. FLORIDA NORTHERN RAILROAD �� a PRIVATE ROAD CROSSING THIS AGREEMENT, made and entered into this 1st day of October, 1992, by and between the FLORIDA CENTRAL RAILROAD COMPANY, INC. , a Florida corporation, Box 967, Plymouth, Florida, hereinafter referred to as ( "Licensor") , and CITY OF OCOEE, ( "Licensee") whose mailing address 150 North Lakeshore Drive, Ocoee, FL 34761 . WITNESSETH: That the Licensor, for and in consideration of the sum of One Dollar to it in hand paid by the Licensee, the receipt whereof is hereby acknowledged, and of the covenants and agreements to be kept and performed by the Licensee, as hereinafter expressed, hereby grants to the Licensee the right or license of maintaining a private road across the track or tracks and right of way, property of the Licensor, at or near Ocoee, Florida. Description: As Drawn In Exhibit A FCEN Milepost F10.36 Former CSB Milepost AVB 834 And the Licensee hereby covenants and agrees in consideration of said license: 1. Except for Licensee's employees and invitees, Licensee will not allow any other person or persons to use the said crossing without the consent in writing of the Licensor. 2. Said crossing (including the usual appurtenances such as approaches, roadway, curbs, gutters, shoulders, slopes, fills and cuts) shall be maintained at the cost and expense of the Licensee, but in a manner and of materials satisfactory to the General Manager of the Licensor, and said maintenance shall be performed at such times and in such manner as not to interfere with the movement of Licensor's trains; it being expressly understood and agreed that, however, all work to be performed on the portion of said crossing between the rails of said track(s) and for two feet on the outside of each rail thereof shall be accomplished by Licensor, but at the entire cost and expense of License. 3. Licensee will furnish, place and maintain at Licensee's expense and in a manner satisfactory to General Manager, necessary drainage pipe underneath said crossing on each side of said track or tracks to take care of drainage of the roadbed and/or right of way of the Licensor. 3001 Orange Avenue.Plymouth.Florida Telephone 407-880-8500 Mailing Address:P.U.Box 967,Plymouth,Florida 32768 Fax 407-880-0203 OCOE-31-067 4. (a) . Licensee, for and in consideration of the privileges and benefits granted by the Licensor, and of the benefits flowing therefrom unto the Licensee, to the extent provided by law, hereby assumes all responsibility for and relieves the Licensor, its successors and assigns, from any and all liability or expense on account of injury to or death of any person or persons or damage to property of whatsoever kind, including personal injury (including death) or property damage suffered by Licensor or its employees, arising out of the use or maintenance of said crossing due to the willful or negligent acts of Licensee and Licensee agrees to save harmless the Licensor, its successors and assigns, from all claims, including attorneys' fees, arising out of any suit, resulting from such injury to or death of any person or persons and damage to property due to the willful or negligent acts of Licensee. (b) . All obligations of the Licensee under this agreement to release, indemnify and hold harmless the Licensor to the extent permitted by law, shall also extend to officers, agents and employees of the Licensor, and to companies and other legal entities that control, are controlled by, are subsidiaries of, or are affiliated with, the Licensor, their respective officers, agents and employees. 5. Licensee will vacate said premises and remove said crossing therefrom at any time at the will of the Licensor, or the Licensee, upon thirty (30) days ' written notice given to the other party hereto, and restore, under supervision of the Licensor, the said track or tracks and right of way to their original condition, but at the expense of the Licensee, or in default thereof, Licensor may perform such work at the sole cost and expense of Licensee; it being expressly understood and agreed that, however, all work to be performed in removing the portion of said crossing between the rails of said track(s) and for two (2) ' feet on the outside of each rail thereof shall be accomplished by Licensor, but at the entire cost and expense of Licensee. 6 . In consideration of the risks, costs, and expenses incurred by Licensor in granting this license, Licensee agrees with Licensor that effective October 1, 1992, the Licensee shall during the tenure of this cg�'eement, pay T to Licensor, in advance, a fee of $ 300.00,4p u esales tax if applicable. It is distinctly understood and agreed that Licensor reserves the right to increase such fee annually in proportion to the increase in Engineering News Record Cost Index for Heavy Construction issued in December preceding each anniversary date of this agreement over such Index issued in the preceding December. Upon termination of this - 2 - OCOE-31-067 agreement, the portion of such fee applicable to the period from the effective date of termination to the subsequent anniversary date of this agreement shall be refunded to the Licensee. 7 . Licensee will, at Licensee's expense and in a manner satisfactory to said General Manager, keep all vegetation within the areas outlined in red ( 300' from center of crossing in each direction of all four quadrants) on said print attached hereto and identified thereon as sight clearance areas cut to a height not exceeding two (2) feet above ground level . 8. (a) It is expressly understood and agreed that if, during the continuance of this agreement, the Licensor, or any public entity, should determine that safety requires grade crossing traffic control devices other than that afforded by stop signs, such as watchman, gates or flashing light signals, Licensor will not be called upon or required to bear the cost or any part of the cost furnishing, installing or maintaining any such protection; it is further understood and agreed that any such additional crossing protection will be installed without expense to Licensor, and that before providing any such additional crossing protection, Licensee will first obtain approval in writing from Licensor with respect to location and type of protective facility. (b) . In the event flashing light signals are installed at said crossing as set out in the preceding paragraph, it is expressly understood and agreed that, notwithstanding the provisions of Article 5 hereof, this agreement shall remain in full force and effect so long as the remaining covenants and agreements set forth herein are kept and performed by Licensee, and if Licensee fails to keep and perform any of such covenants, terms or conditions, then the Licensor reserves the right to terminate this agreement upon thirty (30) days ' notice to Licensee. On termination of this agreement, Licensee will, at Licensee's expense, remove said crossing and restore, under supervision of Licensor, the premises to their original condition, if required by Licensor. (c) . After said signals have been placed in service, Licensor will operate and maintain said signals at the expense of Licensee. Rates for signal maintenance will be reviewed periodically, if rate should change, the amount billed will be revised accordingly. In addition to the signal maintenance expense to be borne by Licensee, the Licensee will be obligated, within sixty (60) days after - 3 - OCOE-31-067 receipt of itemized bill from Licensor to (i) reimburse Licensor for the reasonable cost of upgrading said signals to prevent obsolescence and (ii) reimburse Licensor for the reasonable cost of repairing, or replacing, said signals as a result of damages thereto, howsoever resulting. 9 . (a) During the continuance of this agreement, the Licensee will furnish the Licensor a Certificate of Insurance showing that the Licensee carries liability insurance applicable to this agreement (evidencing said applicability by a contractual liability endorsement stating that the insurance is applicable to the obligations assumed by the Licensee under the agreement with licensor) in the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b) . The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy (or policies) , and the amount of the coverage shall be subject to the approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assumed under this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor, may be necessary or advisable to fully protect and indemnify the Licensor. In addition, such insurance shall contain notification provisions whereby the insurance company agrees to give thirty (30) days ' notice to the Licensor of any change or cancellation of the policy. All of these endorsements and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. (c) . It is understood and agreed that the liability assumed by the Licensee in this agreement shall not be limited to the insurance coverage stipulated herein. (d) . In the event said insurance is cancelled, or is allowed to lapse, said crossing shall be subject to immediate removal by Licensor without Licensor being required to notify Licensee in advance of such removal; in such event, the entire expense borne by Licensor for removing said crossing shall be paid for by the Licensee. 10. In the event Licensor's use of its right of way (e.g. , additional track construction, installation of communication facilities, etc. ) shall hereafter make necessary any change in the private road as it crosses Licensor's right of way, Licensee shall be obligated to bear all costs of making and maintaining adjustments to said private road which are deemed necessary by Licensor's General Manager. - 4 - OCOE-31-067 11 . The term "Licensee" whenever appearing in this instrument shall mean the singular and/or plural, as the case may be, and shall also include the successors, heirs, and assigns of the Licensee. 12. In addition to all other considerations mentioned herein, Licensee agrees to pay to Licensor the sum of $200.00 to cover Licensor's costs in preparing this agreement. 13. Simultaneously with the execution of this Agreement by the Licensee, the Licensee deposits with Licensor the sum of $4,400.00, being the estimated amount of the cost of the work to be performed by Licensor and the materials to be furnished by Licensor in connection with the construction of the Crossing. In the event said deposit is less than the actual cost borne by Licensor, the Licensee shall also, upon receipt of a bill rendered by Licensor, promptly pay such additional cost to Licensor. Should said deposit be in excess of the actual cost borne by Licensor, the Licensor shall promptly refund the difference to the Licensee. Upon completion of the construction for the Crossing, Licensor shall furnish to Licensee a detailed statement showing the cost of the work, including materials used for construction of the Crossing. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: FLOR 'A I EN RA OAD` CO. , INC. i� GUY , g --- - --- - --- , z,F _ j-L ��:; � Jo Levine, Vice President APPROVED: A ' '-ST: + Irk / City o - •coee, Flor •�1 ;"Ar , j J� JinJJr'+s .•�r�� Grafton, ity Clerk sr,�,,, / ,rr -r Dabb- , Jr. , M-'' FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY OF OCOEE, FLORIDA CITY COMMISSION AT A APPROVgp AS TO FORM AND LEGALITY MEETING HELD ON doer G , this ( day of.00T , 1992. 1992, UNDER AGENDA ITEM NO. Ta: t FOLEY & LARDNER By: 41141140 - City Attorney - 5 - 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& RNV NUMBER FAP NUMBER 44061115701 WASTEWATER ROAD ORANGE 1(75000-SIGG) D518-010-B 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 WASTEWATER 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 440611-1-57-01 on WASTEWATER ROAD which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 621871-X 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 , 2017 Mayor-Commissioner ATTEST: (SEAL) City Auditor and Clerk RESOLUTION NO. 2017- 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 WASTEWATER ROAD (BEECH CENTER). 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.: 440611-1-57-01" 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 , 2017. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, 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 ,2017, LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. ,2017. SHUFFIELD,LOWMAN& WILSON P.A. By: Scott Cookson, City Attorney