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2020-11-17 Ex 08CITY OF OKEECHOBEE Okeechobee City Council 55 SE THIRD AVENUE Mayor Dowling R. Watford, Jr. Wes Abney OKEECHOBEE, FL 34974 Monica Clark Phone: (863)763-3372 Bob Jarriel www. cityofokeechobee. com Bobby Keefe MEMORANDUM TO: Mayor Watford and City Council FROM: Marcos Montes De Oca, P.E., City Administrato Re: CSX Maintenance Agreement for installation of traffic signal DATE: November 9, 2020 Please find the attached maintenance agreement from CSX as required for the installation of the new signal at North 9th Street and Highway 441. The agreement is to note the signals will be synchronized with the signal for safety and that the City will be the operating entity, as with all signals within the City. The majority of the agreement is between CSX and FDOT with the City named as the operational entity once completed. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT SYNCHRONIZATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES - MUNICIPAL 725-090-31 RAIL OGC - 02114 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 44711015701 SR 15 / US 441 OKEECHOBEE 2 (91020-2201) N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation organized and existing under the laws of Virginia with its principal place of business in the City of Jacksonville ,County of Duvall , State of Florida , hereinafter called the COMPANY; and the City of Okeechobee a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, train -activated Railroad Grade Crossing Traffic Control Devices, hereinafter called "crossing devices", presently exist or shall be installed at the railroad/highway grade crossing on SIR 15/US441 COMPANY'S Mile Post SX 908.78 which crosses the , being FDOT/AAR Crossing Number 628062L designated by the DEPARTMENT as Financial Project ID 44711015701 Okeechobee , Florida; and in or near WHEREAS, an existing or proposed highway -to -highway intersection exists adjacent to or in close proximity to the aforementioned grade crossing; and WHEREAS, the DEPARTMENT and CITY hereto, in the interest of safety, desire that the crossing devices be synchronized with existing and/or proposed highway traffic signal devices, hereinafter called "highway devices", so as to assist highway traffic to avoid entrapment on the grade crossing upon the approach of trains, and to provide for improved operational efficiency of the highway system during train passage; and WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal -Aid Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart I, as amended, and Federal -Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, as amended, and DEPARTMENT'S Rule 14-57.011 Florida Administrative Code, as amended; and NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 725-090-31 RAIL OGC - 02/14 1. The COMPANY, at DEPARTMENT'S expense, will furnish a preemption synchronization circuit of the "closed loop fail safe design principle" to a common cable junction box, hereinafter called "synchronization devices", at or near COMPANY'S right -of -way -line. 2. The DEPARTMENT, at its expense, will install or have installed all cable, circuitry and related equipment, required to operate the highway devices in a coordinated and synchronized manner; will terminate the connecting cable from the highway devices at the common cable junction box and will configure the preemption circuit with its system whereby a failure of the highway devices will not cause an unsafe condition. For COMPANY'S review, the DEPARTMENT will furnish the COMPANY a written and/or graphic description of the highway traffic signal system, both in operational mode and failed mode. 3. The common cable junction box and inter -connecting cable shall be deemed the property of the CITY and shall be maintained by the CITY. The inter -connecting cable from the common cable junction box to the crossing devices shall be deemed the property of the COMPANY. The parties hereto shall each have access to the common cable junction box in order to perform appropriate maintenance and testing. 4. The DEPARTMENT, at its expense, will construct, and the CITY will upon final acceptance of the installation, operate and maintain the highway devices and agrees to give the COMPANY sufficient notice prior to making any changes in the operation thereof which, in any way, might affect the coordination features of the crossing devices. In the event said highway devices and/or coordinating facilities of the CITY become inoperative, CITY will notify railroad and restore or repair such devices and/or facilities promptly. 5. The COMPANY, at its expense, will operate and maintain the crossing devices and likewise agrees to give the CITY sufficient advance notice prior to making any changes in the operation thereof which, in any way, would affect the coordination features of the CITY highway devices. In the event said crossing devices and/or coordinating facilities of the COMPANY become inoperative, COMPANY will notify CITY and restore or repair such devices and/or facilities promptly. 6. Attached hereto, and by this reference made a part hereof, are plans and/or operational design sheets numbered T-13 as approved by the COMPANY together with specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof (including the common cable junction box) payable to the COMPANY by the DEPARTMENT in the amount of $ 0.00 . All work to be 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, where applicable. 725-090-31 RAIL OGC - 02114 7. The cost of any adjustment, relocation or replacement of said synchronization 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. 8. 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 DEPARTMENT shall promptly reimburse the COMPANY for all actual costs attributable to the project. The actual costs 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, of, 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 compensate the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor in accordance with Section 215.422, Florida Statutes. 9. Payment shall be made only after receipt and approval of goods and services unless 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.). 10. In accordance with Section 287.058, Florida Statutes, the following provisions are included 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 thereof. Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with DEPARTMENT Rule 14-57.011 "Public Railroad -Highway Grade Crossing Costs" and the Federal Highway Administration 725-090-31 RAIL OGC -02/14 Federal -Aid Policy Guide, Subchapter B, Part 140, Subpart I 'Reimbursement for Railroad Work." 11. In accordance with Section 215.422, Florida Statutes, the following provisions are included 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. 725-090-31 RAIL OGC - 02/14 12. 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. 13. 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. 14. 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. 15. In accordance with Section 287.0582, Florida Statutes, the following provision is included in this Agreement: The Department's obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. 16. The COMPANY convenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost charge, or expense arising out of any act, action, neglect, omission, or delay by the COMPANY during the performance of the contract, whether direct 725-090-31 RAIL OGC - 02114 or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither the COMPANY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents, or employees. 17. If any existing contract exists between the COMPANY and either the CITY, or DEPARTMENT, or third party, by which this grade crossing is opened or maintained, or by which other crossing devices or highway devices are installed and maintained, then that contract shall remain in full force and effect, except when in conflict with this synchronization agreement. 18. This agreement will terminate upon the removal of the aforementioned rail -highway grade crossing or upon removal of either the highway devices or crossing devices. 19. In the event any of the parties hereto desire an assignment of this agreement, it shall be said party's responsibility to obtain a written acceptance of the assignment by the new party of the agreement. 20. 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. 21. 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. 22. 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. 23. The parties agree to bear their own attorney's fees and costs with respect to this Agreement. 24. 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. 725-090-31 RAIL OGC - 02/14 25. 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. 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 ) CSX TRANSPORTATION, INC. BY: CITY OF Okechobee BY Legal Review Approved as to Funds Available BY: . FLORIDA Attorney - DOT Date Comptroller - DOT Date Approved as to FAPG Requirements BY: nun FHWA Date