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Home My WebLink AboutR-2003-031 Railroad Grade Crossing Maintenance Agreement FDOT CSX Tigertail Road RESOLUTION NO. 2003-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RAILROAD REIMBURSEMENT AGREEMENT FOR GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CSX TRANSPORTATION INC. AND THE CITY OF DANIA BEACH FOR TIGERTAIL ROAD CROSSING #628 273 H; AUTHORIZING THE EXPENDITURE OF$3,540.00 PER YEAR COVERING MAINTENANCE OF TIGERTAIL ROAD CROSSING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That certain Railroad Reimbursement Agreement for Grade Crossing and Crossing Traffic Control Devices between the State of Florida Department of Transportation, CSX Transportation Inc. and the City of Dania Beach for Tigertail Road crossing; a copy of which is attached as Exhibit "A", is approved and the appropriate City • Officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Lease Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution shall be repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 25th day of February, 2003. ROB RT H. CHUNN, JR. MAY R — COMMISSIONER RESOLUTION NO. 2003-031 ATTEST: ROLL CALL: • COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA -YES uj�tjN L CHARLENE J HNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: BY: r, � A A THOMA8 PAN gBRO CITY ATTORNEY • . RESOLUTION NO. 2003-031 ea ax e i A •4�PdA'+ x FLORIDA March 12, 2003 Nadir Rodrigues D-4 Rail Coordinator Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 RE: Dania Beach Railroad Reimbursement Agreements 628273-H —Tigertail Road and 628272-13- Griffin Road, Grade Crossing and Crossing Traffic Control Devices-South Florida Corridor Dear Ms. Rodrigues: We are enclosing three (3) original Railroad Reimbursement Agreements for each location as referenced above. The Dania Beach City Commission adopted Resolutions No. 2003-031 and 2003-032 on February 25, 2003, approving these agreements. We left the front pages of all agreements blank for you to fill in the date upon execution by Florida Department of Transportation and CSX Transportation Inc. Upon execution, please return one executed agreement to me for our files. Please contact Michael Sheridan, Public Works/Utilities Director at (954) 924- 3740 should you have any further questions to proceed with the execution of these agreements. Sincerely, Char ene Joh n, CIVIC City Clerk CJ/mn Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW *NINA L. BONISKE BROWARD OFFICE JOHN R. HERIN, JR. JAMIE ALAN COLE 3107 STIRLING ROAD, SUITE 300 CHRISTOPHER F. KURTZ EDWARD G. GUEDES FORT LAUDERDALE, FLORIDA 33312 PETER A. LICHTMAN STEPHEN J. HELFMAN KAREN LIEBERMAN* GILBERTO PASTORIZA MATTHEW H. MANDEL JOSEPH H. SEROTA JAMIE ALAN COLE BERNARD S. MANDLER' RICHARD JAY WEISS MANAGING SHARE HOLDER-BROWARD OFFICE ALEXANDER L. PALENZUELA-MAURI DAVID M. WOLPIN ANTHONY L. RECIO STEVEN W. ZELKOWITZ GARY I. RESNICK* TELEPHONE (954) 763-4242 NANCY RUBIN* TELECOPIER (954) 764-7770 DANA S. SCHWARTZ THOMAS J. ANSBRO* WWW.WSH-FLALAW.COM GAIL D. SEROTA* LILLIAN ARANGO DE LA HOZ* ARI C. SHAPIRO MIAMI-DADE OFFICE ALISON S. BIELER JEFFREY P. SHEFFEL MITCHELL A. BIERMAN 2665 SOUTH BAYSHORE DRIVE • SUITE 420 FRANCINE THOMAS STEELMAN MITCHELL J. BURNSTEIN MIAMI, FLORIDA 33133 NANCY E. STROUD* ELAINE M. COHEN TELEPHONE (305) 854-0800 • TELECOPIER (305) 854-2323 SUSAN L. TREVARTHEN DOUGLAS R. GONZALES CARMEN I. TUGENDER GERALD T. HEFFERNAN* *OF COUNSEL DANIEL A. WEISS* January 29, 2003 Charlene Johnson, City Clerk City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 . Re: Grade Crossing and Crossing Traffic Control Devices Agreements for CSE Railroad Dear Charlene: I am forwarding to you one original full set of documents provided to me by Connie. Per her post-it note, "one set" was also given to you. The cover letter from Mr. Rodrigues of FDOT references `(3) three copies of(2) two Grade Crossing Agreements" (one "set" for the Tigertail Crossing and the other for the "Griffin Frontage Road" [Gulfstream Way, near the Tri-Rail station] in the City). I do not know if Connie has the "third" set. Very truly yours. Thomas J. Ansbro 566.028 TJA:slw Enclosure cc: Ivan Pato, City Manager Connie Falzone, Public Works/Utilities Department NVEISS SEROTA BELFMANN PASTORIZA & GUEDES, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 Telephone (954) 763-4242 Telecopier (954) 764-7770 CONFIDENTIAL TO: Charlene Johnson Fax: 954-921-2604 FROM: Suzie COMMENTS: Following are the attacbments referred to in the memo that I sent to you • earlier via e-mail re the railroad crossing issue. The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone collect and return the original message to us at the above address via the U. S.Postal Service. We will reimburse you for postage.Thank you. FILE NO.. 566.028 DATE: January 22, 2003 NUMBER OF PAGES INCLUDING COVER SHEET: 23 PLEASE NOTIFY US INEVIEDIATELY IF NOT RECEIVED PROPERLY Florida Department of Transportation ® JEB BUSH OFFICE OF MODAL DEVELOPMENT THOMAS F.BARRY.JR. GOVERNOR 3400 WEST COMMERCIAL BOULEVARD SECRETARY FORT LAUDERDALE, FLORIDA 33309-3421 TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; Toll-Free: (866) 336-8435 January 15, 2003 Mr. Michael Sheridan Public Works/Utilities Director City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach, Florida 33004 Dear Mr. Sheridan; RE: Project: Tri-Rail Segment 5 Double Tracking Location: Tiger Tail Road and Griffin/Frontage Road County: Broward Crossing Number: 628273-H and 628272-B Subject: Railroad Reimbursement Agreements for Grade Crossing and Crossing Traffic Control Devices - South Florida Rail Corridor . I am enclosing 3 (Three) copies of 2 (Two)Grade Crossing and Crossing Traffic Control Devices agreements for the project listed above, involving the City of Dania Beach, CSX Transportation Inc. and the Florida Department of Transportation. Please arrange for the execution of these documents on behalf of the City and return all copies for our execution. Also attached are a copy of a letter previously sent to Mr. Leeds on January 23, 2002 and a copy of the existing agreements on these crossings. Should additional information or a meeting with department representatives be needed, please call me at(954) 777-4401 or e-mail me at nadir.rodrigues@dot.state.fl.us Sincerely, Nadir Rodrigues D4 Rail Coordinator NR:nr cc: Larry Merritt, Manager, Intermodal Transportation Nancy Bungo, Administrator, Office of Modal Development S:\OMD\Intermodal Transportation\Rail\LettersNR\Resubmission of Agreements to be executed by City of Dania Beach for Double Tracking.doc ®RECYCLED PAPER Page 1 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES CITY OF DANIA BEACH SOUTH FLORIDA RAIL CORRIDOR ONLY Financial Project I.D. Road Name or N iunty Namel Parcel & RNV Numberl FAP Number Tiger Tail Road Br)ward THIS AGREEMENT, made and entered into this day of , 200 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, AND CSX TRANSPORTATION INC., a corporation of Virginia, with its place of business in the City of Jacksonville, County of Duval, STATE OF FLORIDA, and authorized to do business in the State of Florida, hereinafter called CSXT and the CITY OF Dania , a political subdivision of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT and CSXT entered into a Purchase and Sale agreement for the South Florida Rail Corridor, hereinafter called SFRC described herein on May 11, 1988, at which time the DEPARTMENT became the owner of said property and CSXT retained an Easement for Rail Freight Operations within the SFRC, and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement, hereinafter called Phase A Agreement entered into on May 11, 1988 by CSXT and the DEPARTMENT and made a part of this agreement by reference thereto; and WHEREAS, in the event of termination of the aforesaid Phase A Agreement as therein provided, the parties hereto desire that the provisions of the Phase B Agreement will thereafter govern CSXT's conduct of rail f e t and intercity rail passenger operations over the State Property in a manner consistent with the other uses o State Property. Upon the Commencement Date hereof, CSXT shall transfer to the DEPARTMENT the administration by CSXT (pursuant to Section 4.10 of the Phase A Agreement) of all agreements pertaining to the maintenance, repair and operation of existing roadway and highway crossings, crossing protection devices and railway interlocking and interchange facilities on the State Property; and WHEREAS, the Tri-County Commuter Rail Authority, hereinafter called TRI-RAIL, has received a funding grant from the Federal Transit Administration, hereinafter called FTA, for the purposes of providing an additional line of railroad track throughout 44 miles of the SFRC and providing improvements to grade crossing traffic control devices throughout the SFRC; and WHEREAS, the DEPARTMENT, which would normally be responsible for construction throughout the SFRC, has authorized TRI-RAIL pursuant to the FTA funding grant, to construct, reconstruct or otherwise change a portion of the Public Road system, designated by TRI-RAIL as Contract No. 00 - 834 , on Tiger Tail Road _, which crosses at grade the right of way and tracks at Milepost SX 1016.86 FDOT/AAR Crossing Number at or near 628 273 H . as shown on TRI-RAIL' Plan Sheet No. BRC;050 attached hereto as a part thereof; and WHEREAS, it is in the best interest of the DEPARTMENT, CSXT, and the CITY, to execute an agreement for the future maintenance and modifications of said improvements upon completion of TRI-RAIL's FTA Full Funding Grant; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto a4W. as follows: 1. The CITY will maintain the said Road at grade, and necessary approaches thereof, across the DEPARTMENT'S right-of-way, over its tracks and through the Railroad Easement retained by CSXT at the hereinabove referenced location. Page 2 of 7 2. Upon completion of the crossing, CSXT shall be responsible for the maintenance of said crossing in accordance with the Phase A Agreement and the CITY shall be responsible for the maintenance cost of the highway roadbed and surface outside the railway ties and the crossing surface. However, it is expressly understood and agreed that the CSXT and/or the DEPARTMENT may, at their option and upon notification to the CITY, perform such periodic maintenance work and bill the CITY, directly for costs thus incurred that are the responsibility of the CITY. It is further expressly understood and agreed that if the DEPARTMENT or CSXT becomes aware of a safety emergency situation within the area requiring immediate attention for maintenance or repair, the CITY shall be promptly notified of such emergency. If the CITY is not able to timely handle the emergency, then the DEPARTMENT or CSXT, at their option, shall perform such maintenance work and bill the CITY, directly for costs thus incurred that are the responsibility of the CITY. 3. The DEPARTMENT at its discretion, may arrange for the synchronization of the railroad crossing devices with existing or proposed highway traffic control devices at Tiger Tail Road , and attendant installation of Type FOUR QUADRANT GATE SYSTEM , Class SPECIAL , none of the parties shall disconnect the interconnection circuit or change or cause to be changed the signal sequence without prior notice to the other. Each party shall maintain its respective devices from the point of the junction box as provided for the interconnect cable. 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 paid pursuant to the Phase A Agreement as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof and subject to future revision. 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 CSXT so long as said CSXT or 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. CSXT agrees that any future relocation or adjustment of said signals shall be performed by CSXT 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 above. 4. All work contemplated at this crossing shall at all times be subject to the approval of the DEPARTMENT and Chief Engineer or his representative. CSXT'S Division Engineer and/or Superintendent shall receive at least seventy-two (72) hours notice prior to the performance of any work within the limits of the railroad right-of-way. 5. Unless otherwise agreed upon herein, the CITY agrees to insure that the advance warning signs and railroad crossing pavement marking will conform to the Department of Transportation Manual on Uniform Traffic Control Devices within thirty (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. 6. CSXT will be reimbursed for the cost of watchmen or flagging service in the carrying out of work adjacent to the DEPARTMENT'S tracks,or work requiring movement of equipment, employees or ® trucks across the tracks of the DEPARTMENT, or when at times CSXT and/or the DEPARTMENT agree that such a service is necessary. Page 3 of 7 7. All contractors working in the SFRC are required to have Railroad Protective Public Liability and Railroad Protective Property Damage Liability insurance in a combined amount of$2,000,000.00, for all personal injuries, death or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed by Federal funds, with respect to bodily injury, death or property damage is limited to a combined amount of$6,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. Contractor will furnish CSXT a Certificate of Insurance showing that the contractor carries liability insurance (applicable to the job in question) in the amount of$5,000,000.00 for all personal injuries, death or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of 23 C.F.R., Subchapter G, Part 646, Subpart A, and any supplements thereto or revisions thereof. 8. Subsequent to the TRI-RAIL Double Track Corridor Improvement Program-Segment 5 Project, the CITY will bear the cost of all temporary and permanent changes made necessary, due to CITY requirements, in the signal wire line or other facilities and in the wire line facilities of any utility that has compensable interest on the right-of-way or other facilities and in the wire line facilities of any utility that has compensable interest on the right-of-way occasioned by the construction of said crossing and occupancy of the DEPARTMENT'S property, provided such costs are accrued as specified in Paragraph 9. 9. CSXT hereby agrees to install and/or adjust the necessary parts of its facilities in accordance with the provisions set forth in the: DEPARTMENT Procedure 725-080-002 Appendix DA and Rule 14-46.002 "Responsibility for the • Cost of Railroad-Highway Crossing", Florida Administrative Code and/or the Federal Highway Administration's Federal Aid-Highway Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart 1; and 23 C.F.R. Subchapter G. Part 646, Subpart B and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. CSXT further agrees to do all such work with its own forces or by a contractor paid under a contract held by CSXT under the supervision and approval of the DEPARTMENT, and the Federal Highway Administration, when applicable. 10. All labor, services, materials, and equipment furnished by CSXT in carrying out work to be performed, shall be billed by CSXT directly to the CITY. Separate records as to costs of contract bid terms and force account items performed for CSXT shall also be furnished by CSXT to the CITY. 11. CSXT has determined that the method to be used in developing future relocation or installation cost shall be actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. 12. Upon completion of the crossing improvements and conclusion of work under TRI-RAIL's Full Funding Grant Agreement, all billing for future maintenance and modifications, which are the responsibility of the CITY, will be as follows: CSXT shall, within ninety (90) days, furnish the CITY with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, • equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as possible. Page 4 of 7 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 where the records and accounts billed can be audited. Adequate reference shall be made in the billing to CSXT'S records, accounts and other relevant documents. All cost records and accounts shall be subject' to audit by a representative of the CITY. Upon receipt of invoices, prepared in accordance with the provisions of the above-indicated Reimbursement Policy, the CITY agrees to reimburse CSXT in the amount of such actual costs approved by the CITY auditor. 13. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 14. In accordance with Section 287.056, 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 pre-audit and post-audit thereof. • 15. 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 twenty (20) working days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. If a payment is not available within forty (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 s 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 Bank and Finance. The duties of the individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850)410-9724, or by calling the State Comptroller's Hotline, 1- 800-848-3792. 16. Records of costs incurred under terms of this Agreement for future projects shall be maintained and • made available upon request to the CITY and the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the CITY and the DEPARTMENT upon request. Page 5 of 7 Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the CITY and the DEPARTMENT for a proper audit of costs. 17. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and a term 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 the 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 DOLARS ($25,000.00) and which have a term for a period of more than one year. 18. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases for real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity , and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 19. In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 20. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. Page 6 of 7 • 21. Should the use of said crossing be abandoned due to removal of the roadway then all rights hereby to the CITY shall thereupon cease and terminate and the CITY will, at its sole cost and in a manner satisfactory to the DEPARTMENT remove said crossing and restore the DEPARTMENT'S property to the condition previously found, provided that the DEPARTMENT may, at its option, remove the said crossing and restore its property, and the CITY will, in such event, upon bill rendered, pay to the DEPARTMENT the entire cost incurred by it in such removal and restoration, provided such costs are accrued as specified in Paragraph 9. 22. CSXT covenants and agrees that it will indemnify and hold harmless the CITY and the DEPARTMENT and all of the CITY'S and the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost charge, or expense arising out of any action, neglect, omission, or delay by CSXT during the performance of the contract, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither CSXT nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from sole negligence of the CITY and the DEPARTMENT, its officers, agents, or employees. 23. Upon execution this maintenance agreement shall supersede all provisions, relating to said crossing, contained in any previous maintenance agreement and shall become the permanent maintenance agreement of record. • • Page 7 of 7 • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the day and year first written above. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: ATTEST: CSXT BY: • TITLE: ATTEST: C BEACH , FLORIDA BY: TITLE: R ATTEST: CHARI= JOHN , CITY CZEIZK ----------------------------------------------- ------- Legal Review BY: n. BY: 3S ' DATE: P , CITY MANAGER l r 1 FORM 725-090-41 RAIL OFFICE OF PUBLIC TRANSPORTATION OGC.02/01 RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES -SPECIAL- FINANCIAL PROJECT NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL&R/W NUMBER FAP NUMBER Tiger Tail Road Broward COMPANY NAME: A. FDOT/AAR XING NO: 628 273 H RR MILE POST TIE: SX 1016.86 B. TYPE SIGNALS PROPOSED: FOUR Q—UADRANT GATE SYSTEM CLASS: SPECIAL DOT INDEX: SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation . CLASS DESCRIPTION COST I Flashing Signals—One Track S 1,870.00 II Flashing Signals—Multiple Tracks $2,474.00 III Flashing Signals and Gates—One Track $2,820.00 IV Flashing Signals and Gates—Multiple Tracks $3,540.00 SPECIAL FOUR QUADRANT GATE SYSTEM $7,080.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014.46.002 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044 F.S. SPECIFIC LAW IMPLEMENTED: 335.141 F.S. *This schedule will become effective July 1,2001 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. • Q X W CgylY w ul :`#of 502OW +0 x�• ec � �y Ws ON "<i'fi'ni"?gg t ) ya�'2'?CC�4 .gii d a t ?a Yf. 4 s t*s3 'r Rx� i Y L £� Eli a; m * i W6 6 �S�K irx. m _Nmp r ll s >�. N OmV1 C7 VI Z O>D-I n D =D v.. A < o z m �. TM a Z D CAC O '- �,. Z-4mz O. n O IAr-NO 4 Y d DDmm ez�vt< OOnzrn ) L iriclA c iZ 3Y`.�i Florida Department of Transportation OFFICE OF MODAL DEVELOPMENT JEB BUSH 3400 WEST COMMERCIAL BOULEVARD THOMAS F.BARRY,JR. GOVERNOR FORT LAUDERDALE,FLORIDA 33309-3421 SECRETARY TELEPHONE:(954)777-U90;FAX:(954)677-7892 January 23, 2002 Mr. Laurence Leeds, AICP Director, Growth Management City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 Dear Mr. Leeds: It was a pleasure meeting with you, Mr. Pato and Mr. Palm regarding the updating of the railroad grade crossing maintenance agreements for the City of Dania Beach. As we discussed at our January 16(h meeting, the updated agreements are related to the upgrading of the safety equipment required for the Double Tracking Project on the South Florida Rail Corridor. The improvements related to this project will benefit the City by increasing safety through providing full closure at Griffin/Frontage Road and Tiger Tail Road. This will be accomplished through the installation of four quadrant gates or gates and nine inch non- mountable curbs. These improvements will help prevent the traveling public from circumventing the lowered gates and entering the crossings when a train is approaching. Furthermore, the upgraded safety equipment is intended to address the Federal Railroad Administration's (FRA) proposed quiet zone requirements, thereby allowing the City to apply for a train whistle ban once the final Federal regulations are issued. If the City wishes to pursue a quiet zone application, we are prepared to assist the City with this effort. In addition, we can assist the City with public presentations and educational events regarding crossingitrain safety through the Operation Life Saver program. Maggie Ferrara with Tri-Rail is the Operation Life Saver Coordinator and we will be happy to assist the City in using this resource with your local safety programs. The safety equipment will be maintained by CSXT with the City being responsible for paying half of the annual maintenance cost. This is consistent with the City's current grade crossing agreements and will cost approximately $3,500 per year per crossing. I am enclosing for your review, the new grade crossing agreements and copies of the most recent existing crossing agreements. If you have any questions on these agreements please feel free to call me at 777-4683 or Nadir Rodrigues at 777-4401. www.dot.state.fl.us 0 RECYCLED PAPER Mr. Leeds Letter January 23, 2002 Page 2 1 appreciate your attention to this important transportation safety matter. I look forward to working with you on improving the crossing safety within the City of Dania Beach. Sincerely, Larry r Intermodal Transportation Manager LM/lm Enclosures cc: Nancy Bungo, OMD Administrator, FDOT Frank O'Keefe, PMC, Tri-Rail &TTOVntermodal Transportation\General Correspondence0ania Bch Seg 5 Agree Ur 1-02.doc R�Aw Florida Department of Transportation ® JEB BUSH OFFICE OF MODAL DEVELOPMENT THOMAS F.BARRY.JR. GOVERNOR 3400 WEST COMMERCIAL BOULEVARD SECRETARY FORT LAUDERDALE, FLORIDA 33309-3421 TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; "roll-Free: (866) 336-8435 January 15, 2003 Mr. Michael Sheridan Public Works/Utilities Director City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Dear Mr. Sheridan; RE: Project: Tri-Rail Segment 5 Double Tracking Location: Tiger Tail Road and Griffin/Frontage Road County: Broward Crossing Number: 628273-H and 628272-B Subject: Railroad Reimbursement Agreements for Grade Crossing and Crossing Traffic Control Devices - South Florida Rail Corridor ® I am enclosing 3 (Three)copies of 2 (Two)Grade Crossing and Crossing Traffic Control Devices agreements for the project listed above, involving the City of Dania Beach, CSX Transportation Inc. and the Florida Department of Transportation. Please arrange for the execution of these documents on behalf of the City and return all copies for our execution. Also attached are a copy of a letter previously sent to Mr. Leeds on January 23, 2002 and a copy of the existing agreements on these crossings. Should additional information or a meeting with department representatives be needed, please call me at(954) 777-4401 or e-mail me at nadir.rodrigues@dot.state.fl.us Sincerely, Nadir Rodrigues D-4 Rail Coordinator NR:nr cc: Larry Merritt, Manager, Intermodal Transportation Nancy Bungo, Administrator, Office of Modal Development SAOMDUntermodal Transportation\Rail\LettecsNR\Resubmission of Agreements to be executed by City_of Dania Beach for Double Tracking.doc 0 RECYCLED PAPER . .1 ragc I of S STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF PUBLIC TRANSPORTATION RAILROAD REINIBURSENIENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES AT CITY EXPENSE SOUTHEAST CORRIDOR ONLY COUNTY SECTION JOB ROAD NAME COUNTY PARCEL&Rev NUMBER NUMBER OR NUMBER NAME 86 070 FS.R. 818 (frontage road) I Broward 40 (86070-2403) THIS AGREENIENT, made and entered into this -L�— day of"vly I9-U,by and between the STATE OF FLORIDA DEPARTMENT OF TRANS PORTATION,hereinafter called the DEPARTMENT, and CSX TRANSPORTATION INC., a corporation of Virginia, with its place of business in the City of Jacksonville , County of Duval , State of Florida , and authorized to do business in the State of Florida, hereinafter called CSXT and the CITY of Dania , a political subdivision of the State of Florida, hereinafter called the CITY. WITNESSETH: 0 WHEREAS, the CITY is constructing, reconstructing, or otherwise changing a portion of the Public Road System, designated as Job No. 86070 , on S.R. 818 (frontage road) , which crosses at grade the South Florida Rail Corridor and CSXT easement at Railroad MP: 1016.23 FDOT/AAR Crossing Number 628272-B . at or near Ft. Lauderdale , as shown on CITY's Plan Sheet No. attached hereto as a part hereof, and 'WHEREAS, the DEPARTMENT and CSXT entered into a Purchase and Sale Agreement for the Rail Corridor described herein on May 11, 1988, at which time the DEPARTMENT became the owner of said property, and CSXT retained an easement for Rail Freight Operations within the Rail Corridor, and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement entered into on May 11, 1988, by CSXT and the DEPARTMENT (hereinafter " the Phase A Agreement"), and made a part of this Agreement by reference thereto; NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 1. The CITY intends to construct and maintain an extension of the existing at-grade crossing to be designed as a frontage road, and necessary approaches thereto, across DEPARTMENT's right of way, over the tracks and through the easements retained by CSXT at the hereinabove location. 2. CSXT will provide, furnish or have furnished, all necessary materials required for, and will construct at ITY's expense a Standard Railroad Crossing Type "R" Full Depth in accordance with the DEPARTMENT's Standard Index No. 560 by reference made a part hereof as well as automatic railroad grade crossing traffic Page i or 5 control devices at said location in accordance with (1) the attached detailed statement of the work, plans and WPARTMENT's cifications; (2) the CITY's plans and the DEPARTINIENT's Standard Index Number 17882 (3) Procedure No. 725-080-225 "Reimbursement" dated November 8 1989, and Rule 014.46002 "Responsiblity for the Cost of Railroad/Highway Crossings", Florida Administrative Code, dated Jule 22, 1982, as amended and any supplements thereto or revisions thereof, which, by reference hereto, are made part hereof. Upon completion of the crossing, CSXT shall be responsible for the maintenance of said crossing in accordance with the Phase A Agreement. The initial construction cost shall be paid by the CITY, and shall not be paid from the Maintenance Account established in the Phase A Agreement. After the construction of the crossing is complete, the CITY shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties. However, it is expressly understood and agreed that the CSXT and/or the DEPARTMENT may, at their option and upon notification to the CITY, perform such periodic maintenance work and bill the CITY directly for costs thus incurred that are the responsibility of the CITY. 3. The DEPARTMENT, in its discretion, may arrange for the synchronization of the railroad crossing devices with existing or proposed highway traffic control devices at Anders Ave and Frontase Road , and attendant installation of TYPE III CLASS IV . None of the parties shall disconnect the interconnection circuit or change or cause to be changed the signal sequence without prior notice to the other. Each party shall maintain its respective devices, from the point of the junction box as provided for the interconnect cable. 4. Work contemplated hereunder shall at all times be subject to the approvals and notice provisions of the Phase A Agreement. 0 5. The CITY will reimburse CSXT for the cost of watchman or flagging service when the CITY's contractor is performing work in the South Florida Rail Corridor or in CSXT easement. Such costs shall be accrued and billed directly to the CITY. 6.(a)The contractor performing the construction for the CITY shall be required to furnish Railroad Protective Liability Insurance naming CSXT and the DEPARTMENT as Named Insured, in a combined amount of at Ieast Two Million Dollars (S 2,000,000.00) per occurrence, for all personal injuries, death, or property damage, subject to an aggregate limit of Six Million Dollars(56,000,000.00) per annual policy period. Said policv shall be written on the ISO/RIMA Form (ISO Form CG-00-35, or current form, with Pollution Exclusion Ammendment Endorsement ISO No. CG-28-31. CITY or contractor shall submit the original policy to CSXT and shall obtain CSXT's approval prior to commencing operations. (b)The contractor shall furnish a Certificate of Insurance to the DEPARTMENT showing that the contractor carries Contractors Public Liability and Property Damage Insurance (applicable to the job in question) in the amount of Two Million Dollars ($2,000,000.00) at a minimum, for all personal injuries, death, or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of the U.S. Department Of Transportation, Federal Highway Administration, Federal-Aid Highway Policy Guide, Subchapter G, Part 646, Subpart A, Transmittal 1 Dated December 9, 1991, and any supplements thereof or revisions thereof. 7. The CITY shall bear the costs of relocation of any utility (wire or pipe line) or communication line �cated as a result of the construction contemplated herein, unless the original agreement creating the occupation of such utility or communication line company to relocate said line. CSXT agrees hereby to assist the CITY in the enforcement of such original agreement, if so requested. Pa;, 1 8. CSXT hereby agrees to install and/or adjust any necessary parts of the CITY's portion of the facility or the DEPARTNIENT's portion of the facility or equipment along said road in accordance with the isions set forth in the DEPARTMENT `s Procedure 725-OSO-225 "Reimbursement", dated November S 1989, and Rule 014.46002 "Responsiblity for the Cost of Railroad/Highway Crossings", Florida Administrati%; Code, dated July 22, 19S2, as amended and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. CSXT further agrees to do all of such work with its own forces or by a contractor paid under the supervision and approval of the DEPARTMENT and the CITY. 9. Attached hereto, and by reference made a part hereof, are plans and specifications of the work to be performed by CSXT pursuant to the terms hereof, and an estimate of the cost thereof in the amount of S 17g,nnn . All work performed by CSXT pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the CITY, and all subsequent plan changes shall likewilsz_ be approved by the DEPARTMENT and the CITY. 10. All labor, services, material and equipment furnished by CSXT in carrying out the work to be performed hereunder shall be billed by CSXT directly to the CITY. Separate records as to costs of contract bit items and force account items performed for CSXT shall also be furnished by CSXT to the CITY. 11. The parties agree that fifty percent (50%) of the cost for the operation and maintenance of the grace crossing traffic control devices by CSXT shall be borne by the CITY and fifty percent (50%) shall be paid pursuant to the Phase A Agreement, all in accordance with the attached Schedule of Actual Cost of Automatic hway Grade Crossing Devices, said schedule being subject to future revision by the DEPARTMMENT. 12. Unless otherwise agreed upon herein, the CITY agrees to insure that, at the crossing, the advance warning signs and railroad crossing pavement markings will conform to the Manual for Uniform Traffic Control Devices (1 UTCD) within thirty (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 as determined by the DEPARTMENT. 13. CSXT has determined that the method to be used in developing the relocation or installation cost _shall be actual and related indirect costs accumulated in accordance with an established accounting procedure developed by CSXT and approved by the CITY. 14. If the DEPARTMENT and CSXT concur that an upgrading and/or betterment of the crossing beyond that contemplated in this agreement is desirable, then any cost associated with such upgrading or betterment shall be paid from the maintenance account provided for in the Phase A Agreement. If the CITY wishes to upgrade and/or better.the crossing, such upgrade or betterment shall be paid for by the CITY. 15. All salvage value of materials resulting from the work contemplated herein shall be subject to the salvage provisions of the Phase A Agreement. 16. Within one hundred eighty (180) days after completion of the work, CSXT shall furnish the CITY two (2) copies of its final and complete billing of all costs incurred in connection with the work performed under, such statement to follow as closely as possible the order of the items contained in the estimate Page J or c attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material, and 9plies, handling costs and other services shall be shown in such a manner as will permit ready comparison with elapproved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as possible. 17. Should said crossing be abandoned, the DEPARTMENT may, at its sole discretion, remove said crossing or otherwise control or use said crossing as the DEPARTMENT desires. 18. The CITY covenants and agrees that it will indemnify and hold harmless CSXT and all of it's officers, agents and employees, and 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 CITY during the performance of the agreement, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that the CITY, nor any of it's 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. Page 5 or s IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly Ohorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Cl) o • BY: Lv > Q 's?�F TRANS -y,-ATTEST: *SEAL* ��G�✓'l�a.. Secretary CSX TRANSPORTATION, INC. B, R. K. BECKHAM,CHIEF ENGINEER ( ENGR•DESIGN &CONSTRUCTION ATTEST: *SEAL* VICE I'ItF.SI� 2i i TITLE: CITY Of DANIA , FLORIDA BY: qAAY'O ATTEST: *SEAL*BY : City erk C ' 'Yi Ma APPRO E �S TO FROM _AND CORRECTNESS : Approved as to Form, by: C Legality and Execution i City Attorney City of Dania Attorney, T a:rragreml.wpd(err) Page 1 of 6 4 1 RR 04 6195 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION y A OFFICE OF PUBLIC TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT — GRADE CROSSING 6J30 I� AT CITY EXPENSE SOUTHEAST CORRIDOR ONLY COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/AV NUMBER FAP NUMBER 86 000 6600 TIGER TAIL Broward 1 (XING) R NA ROAD THIS AGREEMENT, made and entered into this ay day of O L% , 19 yS, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation of Virginia, with its place of business in the City of Jacksonville, County of Duval., State of Florida, and authorized to 'do business in the State of Florida, hereinafter called CSXT and the City of Dania, a political subdivision of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, the Department and CSXT entered into a Purchase and Sale Agreement for the Rail Corridor described herein on May 11 , 1988, at which time the DEPARTMENT became the owner of said property and CSXT retained an Easement for Rail Freight Operations within the Rail Corridor, and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement entered into on May 11 , 1988, by CSXT and the DEPARTMENT (hereinafter "the Phase A Agreement") and made a part of this agreement by reference thereto; NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1 . The DEPARTMENT intends to reconstruct its track, the grade crossing surface, and the necessary approaches by CSXT forces, across said City maintained roadway and through the Railroad Easement retained by the CSXT. 2. At the CITY's expense, CSXT shall provide, furnish or have furnished, all necessary materials required for, and will construct or have constructed a Standard Railroad Crossing Type "R" Full Depth in accordance with the DEPARTMENT's Standard Index No. 560 attached hereto and by this reference made a Dart hereof. Upon completion of the crossing, CSXT shall be responsible for the maintenance of said crossing Pepe 2 0l 6 d 1 RR-04 12194 • in accordance with the Phase A Agreement. The initial construction cost shall be paid by the CITY and shall not be paid from the Maintenance Account established in the Phase A Agreement. After the construction of the crossing is complete, the CITY shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties. However, it is expressly understood and agreed that CSXT and/or the DEPARTMENT may, at their option and upon notification to the CITY, perform such periodic maintenance work and bill the CITY directly for costs thus incurred that are the responsibility of the CITY. 3. Work contemplated hereunder shall at all times be subject to the approvals and notice provisions of the Phase A Agreement. 4. The CITY will reimburse CSXT for the cost of watchman or flagging service when the CITY's contractor is performing work in the DEPARTMENT'S Rail Corridor or on CSXT Property,._ Such costs shall be accrued and billed directly to the CITY. 5. (a) The contractor performing the construction for the CITY shall be required to furnish Railroad Protective Liability Insurance naming CSXT and the ® DEPARTMENT as Named Insured, in a combined amount of at least Two Million Dollars ($2,000,000.00) per occurrence for all personal injuries, death, or property damage, subject to an aggregate limit of Six Million Dollars ($6,000,000.00) per annual policy period. Said policy shall be written on the ISO/RIMA Form (ISO Form CG-00-35, or current form, with Pollution Exclusion Amendment Endorsement ISO No. CG-28-31 ). CITY or Contractor shall submit the original policy to CSXT AND SHALL OBTAIN CSXT's approval prior to commencing operations. (b) The contractor shall furnish a Certificate of Insurance to the DEPARTMENT showing that the contractor carries Contractors Public Liability and Property Damage Insurance (applicable to the job in question) in the amount of ($2,000,000.00) at a minimum, for all personal injuries, death, or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of the U:S. Department of Transportation, Federal Highway Administration, Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 2, Transmittal 350 dated October 1 , ® 1982, and any supplements thereto or revisions thereof. Pepe J o1 9 4 1 RR 04 12/9a 6. The CITY shall bear the cost of relocation of any utility (wire or line) or communication line relocated as a result of the future construction, unless the original agreement creating the occupation of such utility or communication line requires the utility or communication line company to relocate said line. CSXT agrees hereby to assist the DEPARTMENT in the enforcement of such original agreement, if so requested. 7. CSXT hereby agrees to install and/or adjust the necessary . parts of DEPARTMENT's facilities or equipment along said road in accordance with the provisions set forth in the DEPARTMENT Rule 014-46.002 "Responsibility for the Cost of Railroad/Highway Crossings", Florida Administrative Code, dated February 3, 1971 , as amended, and Federal Highway Administration Federal Aid Highway Program Manual Volume 1 , Chapter 4, Section 3, dated August 5, 1988; and Volume 6, Chapter 6, Section 2, Subsection 1 , dated April 24, 1984, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. CSXT further agrees to do all such work with its own forces or by a contractor paid under the supervision and approval of the CITY. 8. The CITY hereby agrees to reimburse CSXT for all costs incurred by it in the lastallation or adjustment of said facilities or equipment, in accordance with the provisions of the above indicated Reimbursement Policy, and any supplements the 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 CITY. 9. Attached hereto, and by reference made a part hereof, are plans and specifications of the work to be performed by CSXT pursuant to the terms hereof, and an estimate of the cost thereof in the amount of $ 28 , 263. 10 . All work performed by the CSXT pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT, the CITY, and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the CITY. 10. All labor, services, materials and equipment furnished by CSXT in carrying out the work to be performed hereunder shall be billed by CSXT directly to the CITY. Separate records as to the costs of contract bid items and force account items performed for CSXT shall be furnished by CSXT to the CITY. Pepe 4 of 6 41 RR-04 12/94 11 . CSXT 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 hereinafter: (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. —Y-Y- (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by CSXT and approved the DEPARTMENT. (c) An agreed lump sum of $ 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 $25,000.00.) 14. If the DEPARTMENT AND CSXT concur that an upgrading and/or betterment of the crossing beyond that contemplated in this agreement is desirable, then ® any cost associated with such upgrading or betterment shall be paid from the maintenance account provided for in the Phase A Agreement. If the CITY wishes to upgrade and/or better the crossing, such upgrade or betterment shall be paid for by the CITY. 15. All salvage value of materials resulting from the work contemplated herein shall be subject to the salvage provisions of the Phase A Agreement. 16. (a) If methods (a) or (b) in Section 11 above are indicated, within one hundred eighty (180) days after completion of the work, CSXT shall, furnish the CITY 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 approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as possible. (b) The final billing, or when a lump Sum estimate is approved by the DEPARTMENT, as in method (c) in Section 11 , shall also show the Pepe 5 of a 41RR•04 1 2/94 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 CSXT's records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the CITY. Upon receipt of invoices prepared in accordance with the provisions of the above indicated Reimbursement Policy, the CITY agrees to reimburse CSXT in the amount of such actual costs or Lump Sum as approved by the CITY's auditor. 17. Should said crossing be abandoned, the DEPARTMENT may, at its sole discretion, remove said crossing or otherwise control or use said crossing as the DEPARTMENT desires. Pepe 8 of 8 41 RR•04 12/94 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �SOF FLO BY. g District Secretary q o ATTEST: 9�•y�^i7' OFI Secretary CSX TRANSPORTATION, INC. ., �.. HARDY, ASST. CHIEF ENGR. BY: P PUBLIC & PASSENGER PROJECTS (SEAL) ®ATTEST: TITLE: VICE T-7E"1_-H """'=^" 'r SECRETAE? CITY OF DANIA , FLORIDA BY A/M�9 r C ' t JEAL) aBY: ( MAY Approved as to for and correctnes ATTEST: BY:�.t st.....ei C. 0 C City Attorney Approve as to Form, Legality Approved as to Funds Available Approved a s to F A P G and Exe / tion , ; Requirments Y. 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