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Res 03-12NO. 03 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI -PARTY AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), CSX TRANSPORTATION, INC. AND THE CITY OF DELRAY BEACH TO PROVIDE FOR THE RECONSTRUCTION OF FLORIDA DEPARTMENT OF TRANSPORTATION'S CROSSING NUMBER 628159 -H, WHICH CROSSES SW le' STREET; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Tri-Party Agreement attached hereto as Exhibit "A ", on behalf of the City with the State of Florida Department of Transportation and CSX Transportation, Inc., to provide for CSX Transportation, Inc. to rebuild the Department's crossing number 628159 -H, which crosses SW 10th Street in the City of Delray Beach. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the 1" day of May' 2012. ),CW4 MAYOR ATTEST: Ou City Clerk Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 16, 2012 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 1, 2012 RESOLUTION NO. 03-12: TRI PARTY AGREEMENT/FDOT /CSXT ITEM BEFORE COMMISSION Page 1 of 1 This item is before the Commission seeking approval/authorization for the Mayor to sign Resolution Number 03 -12 for the attached Construction Agreement with Florida Department of Transportation (FDOT) and CSX Transportation, Inc. (CSXT) for rehabilitation of the SW 10th Street crossing. The cost of this agreement is $205,406.00. Project #2008 -047. BACKGROUND At the November 15, 2011 Commission meeting the attached Tri-Party agreement was approved and executed by the City of Delray Beach. As the agreement was in the process of being executed by the FDOT and CSXT it was brought to the City's attention that a Resolution would be required. Since funding for this work was removed from the current Capital Improvement Program (CIP), staff asked FDOT if work could be scheduled so that the required reimbursement payment could be moved to after October 1, 2012. The required funding of $205,406.00 will be requested in the FY 2012 -2013 CIP. FUNDING SOURCE 334 - 3162 - 541.46 -90 (funds will be available after October 1, 2012) RECOMMENDATION Staff recommends approval. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5539 &MeetingID =375 5/14/2012 RESOLUTION NO. 03 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI -PARTY AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), CSX TRANSPORTATION, INC. AND THE CITY OF DELRAY BEACH TO PROVIDE FOR THE RECONSTRUCTION OF FLORIDA DEPARTMENT OF TRANSPORTATION'S CROSSING NUMBER 628159 -H, WHICH CROSSES SW 10TH STREET; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Tri -Party Agreement attached hereto as Exhibit "A ", on behalf of the City with the State of Florida Department of Transportation and CSX Transportation, Inc., to provide for CSX Transportation, Inc. to rebuild the Department's crossing number 628159 -H, which crosses SW 10`h Street in the City of Delray Beach. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of .2012. MAYOR ATTEST: City Clerk Page 1 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES CITY OF DELRAY BEACH SOUTH FLORIDA RAIL, CORRIDOR ONLY Financial Project lb. Road Name or Number County Name Parcel & R/W Number FAP Number SW 10`h St. Palm Beach 1 X & S R) THIS AGREEMENT, made and entered into this day of , 20 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 DELRAY BEACH, a political subdivision of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY is constructing, reconstructing or otherwise changing a portion of the Public Road system, designated as Job No. CSX OP# FL1472, on SW 10th Street, which crosses at grade the State Rail Corridor and CSXT. Property at Railroad MP: SX 988.63 FDOT /AAR Crossing Number 628159 -H, at or near the CITY OF DELRAY BEACH, as shown on Plan Sheet No. 628159 -H, attached hereto as a part hereof, and 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 freight and intercity rail passenger operations over the State Property in a manner consistent with the other uses of the 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 NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The CITY shall be responsible for the cost to maintain the said Road at grade, and necessary approaches thereof, across the DEPARTMENT'S right -of -way, over its tracks Page 2of9 and through the Railroad Easement retained by CSXT at the 'hereinabove- referenced location. 2. If the CITY so requests, CSXT shall provide, furnish or have furnished, all necessary material required for, and will construct at CITY'S expense a Standard Railroad Crossing Type CONCRETE in accordance with the DEPARTMENT'S Standard Index No. 560 by reference made a part hereof, as well as automatic railroad grade crossing traffic control devices at said location in accordance with (1) the attached detailed statement of the work, plans, and specifications; (2) the DEPARTMENT'S Plans and Standard Index Number 17882, and (3) FHPM 1 -4 -3 and FHPM 6- 6 -2 -1, or Rule 14- 46.002. F.A.C. all of which by reference are made a part hereof. The CITY shall be responsible for the costs of Maintenance of Traffic during the construction period. 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 if said area is not being maintained in accordance with the Department's roadway standards, by the CITY, than the DEPARTMENT or CSXT shall provide the CITY with written notice of such improper maintenance and the CITY shall have thirty (30) days from the receipt of said notice to properly maintain the area, or 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. It is further expressly understood and agreed that if the opinion of the DEPARTMENT or CSXT an emergency repair becomes necessary,. the CITY shall be promptly notified of such emergency. If the CITY is unable to perform or.cause to be performed the emergency repairs, 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 SW 10'h Street, and attendant installation of Type IV, Class IV (FLASHING SIGNALS WITH CANTILEVER AND GATES — MULTIPLE TRACKS). None of the parties shall disconnect sequence without prior notice to the other. Each party shall maintain it's 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 of the cost shall be borne, 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 Page 3 of 9 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 ensure 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. The CITY will reimburse CSXT for the cost of watchmen or flagging service when the CITY'S contractor is performing work that requires 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. 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 $5,000,000.00, 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 $10,000,000.00 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. The CITY will bear the cost of relocation of any utility (wire or pipe) due to CITY requested improvements to the roadway right -of -way, that has compensabie interest on the right=of- -way occasioned by the construction of said crossing and occupancy of the DEPARTMENT'S property, unless the original agreement creating the occupation of such utility requires the Utility to relocate said line. 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 D.4 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 Page 4 of 9 under the supervision and approval of the DEPARTMENT, and the Federal Highway Administration, when applicable. 10. 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 $203,633.00. All work performed by CSXT pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT. 11. 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 be furnished by CSXT to the CITY. 12. 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. 13. 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. 14. Upon completion of the crossing improvements, all billing for future maintenance and modifications, which are the responsibility of the. CITY, will be as follows: CSXT shall, within one hundred eighty (180) 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. 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. 15. 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. Page 5 of 9 Payment shall be made only after receipt and approval of goods and services unless the State Comptroller under Section 215.422 (14), Florida Statutes, authorizes advance payments. 16. 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. 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 twenty (20) working days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (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 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 Banking and Finance. The duties of the 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. 18. 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. 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 subcontractor considered necessary by the CITY and the DEPARTMENT for a proper audit of costs. 19. 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; Page 6 of 9 The DEPARTMENT during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditures 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 DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133(2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime. may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public. entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. In accordance with Section 287.134 (2)(a), Florida Statutes, the following provisions are included in this agreement: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 22. In accordance with Section 287.0582, Florida Statutes, the following provision is included in this Agreement: The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 23. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor or CSXT 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 7 of 9 24. 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. + - _ •e e NOW dw 26. CSXT shall: a_ Utilize the U. S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by CSXT during the term of the contract; and b. Include an express requirement in any subcontract that subcontractors performing work or providing services pursuant to the state contract 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. 27. Any notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed. by certified or registered mail, return receipt requested, in a postage - prepaid envelope, and addressed as follows: If to the Department: Florida Department of Transportation 3300 West Commercial Boulevard Ft. Lauderdale, Florida 33309 Att: Rail Coordinator (954) 777 -4401 If to the Company: CSX Transportation, Inc. 500 Water Street J -301 Jacksonville, FL 32202 Att: Hal Gibson (904) 359 -1048 If to the City: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Att: Randall Krejcarek — City Engineer (561) 243 -7322 Page 8 of 9 28. 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. 29. Provision twenty -five (25) was deleted by all parties prior to the agreement execution. Page 9 of 9 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: CITY OF DELRAY BEACH FLORIDA BY: Title: ATTEST: _______________I City Clerk Legal Reviewer CSX TRANSPORTATION, INC. FORCE ACCOUNT ESTIMATE ACCT. CODE : 709 - FL -1472 Pub EB - FL EB3 (FL) Page 1 of 3 ESTIMATE SUBJECT TO REVISION AFTER: 2/19/2012 DOT NO.: 628 159H CITY: Delray Beach COUNTY: Palm Beach STATE: FL DESCRIPTION: Install new crossing surface @ SW 10th Street - #1 Mine Line (West Track) DIVISION: Jacksonville SUB -DIV: Miami MILEPOST: SX 988.63 DRAWING NO.: 628159H DRAWING DATE: 6/24/2010 AGENCY PROJECT NUMBER: PRELIMINARY ENGINEERING: provided under separate agreement 200 Labor (Non Contract) 0 Days @ $ 270.00 $ - 200 Additive 31.34% $ 230 Expenses $ 212 Contracted &. Administrative Engineering Services $ 2,500 Subtotal $ 2,500 COMMUNICATIONS WORK: Temporary (Details Attached) Permanent (Details Attached) Subtotal CONSTRUCTION ENGINEERING /INSPECTION: 200 Labor (Non Contract) 3 Days @ $ 270.00 $ 810 200 Additive 31.34% 126 MAN -HRS $ 36.00 $ 254 230 Expenses 24 MAN -HRS $ 36.00 $ 141 212 Contracted & Administrative Engineering Services 0 MAN -HRS $ 36.00 $ 9,863 50 Subtotal 42 MAN -HRS 36.00 $ 11,068 50 FLAGGING SERVICE: (Contract Labor) 38 MAN -HRS $ 36.00 $ 1,368 70 Labor (Conductor - Flagman) 0 Days @ $ 350.00 $ - 50 Labor (Foreman /Inspector) 5 Days @ $ 336.00 $ 1,680 70 Additive 71.09% (Transportation Department) 40 MAN -HRS $ 36.00 $ - 50 Additive 95.98% (Engineering Department) 98 MAN -HRS $ 36.00 $ 1,612 230 Expenses (Engineering Department) 5 Days @ $ 75.00 $ 375 230 Expenses (Engineering Department) 5 Days @ $ 45.00 $ 225 50 Subtotal 160 MAN -HRS $ 24.00 $ 3,892 COMMUNICATIONS WORK: Temporary (Details Attached) Permanent (Details Attached) Subtotal Force Account Worksheet TRACK: LABOR 50 Install Cross Ties 0 MAN -HRS $ 36.00 $ - 50 Remove Existing Crossing 126 MAN -HRS $ 36.00 $ 4,536 50 Install Cross Ties approach 24 MAN -HRS $ 36.00 $ 864 50 Renew Rail 0 MAN -HRS $ 36.00 $ - 50 Install OTM 42 MAN -HRS 36.00 $ 1,512 50 Install Field Welds 38 MAN -HRS $ 36.00 $ 1,368 50 Install Temp Jt bars (136#/115 #) 20 MAN -HRS $ 36.00 $ 720 50 Buffer Rail #136 20 MAN -HRS $ 36.00 $ 720 50 Install Ballast 40 MAN -HRS $ 36.00 $ 1,440 50 Line and Surface 98 MAN -HRS $ 36.00 $ 3,528 50 Flash butt welds 2 ea 36 MAN -HRS 36.00 $ 1,296 50 Install Bituminous Pavement 0 MAN -HRS $ 36.00 $ - 50 Construct Track Panels 160 MAN -HRS $ 24.00 $ 3,840 50 Install Track Panels 188 MAN -HRS $ 36.00 $ 6,768 50 Install Transition Rail 25 MAN -HRS $ 36.00 $ 900 Force Account Worksheet CSX TRANSPORTATION, INC. FORCE ACCOUNT ESTIMATE Page 2 of 3 Force Account Worksheet ACCT. CODE: 709 - FL -1472 Pub EB - FL E133 (FL) 50 Clean -Up 0 MAN -HRS $ 24.00 $ - 50 Additive 95.98% $ 26,387 230 Per.Diem 82 MAN -DAY $ 90.00 $ 7,380 Subtotal $ 61,259 TRACK: MATERIAL 220 Cross Ties, Main Line Borate Thru Trans Rail 10 EA $ 39.00 $ 390 220 Cross tie - approach Borate 30 EA $ 83.50 $ 2,505 220 Cross -tie - Borate 0 EA $ 56.00 $ - 220 Crossties, 10' Length 82 EA $ 46.00 $ 3,772 220 Tie plates 136# 164 EA $ 10.51 $ 1,724 220 Rail, 136RE, New 240 LF 21.00 $ 5,,040 220 Misc.OTM 1 LOT $ 3.797.00 $ 3,797 210 Transition Rail (136 # 1115 #) 2 EA $ 1,200.00 $ 2,400 210 Buffer Rail 136# 60 LF $ 21.00 $ 1,260 . 220 Ballast - Car load 0 NT $ 12.00 $ - 220 Ballast - Trucked in 213 NT $ 45.00 $ 9,585 220 Field Welds Ther 136# 6 136 #, 2 115# 8 EA $ 100.00 $ 800 220 Joint Bars 136# 6 EA $ 180.00 $ 1,080 220 Temp Joint Bars 4 EA $ 180.00 $ 720 210 Concrete Full Width for 136# 89.375 TF $ 250.00 $ 22,344 210 End Caps 1 SET $ 550.00 $ 550 210 Rubber Crossing, Full Depth 0 TF $ 325.00 $ - 21.0 Timber /Asphalt Crossing (CSX Standard) 0 TF $ 42.00 $ - 210 Bituminous Material 0 NT $ - 210 Sales Tax on Material 0.00% $ - 210 Material Handling 5.00% $ 2,798 211 Shipping Conc Panels 1 LS $ 9,500.00 $ 9,500 Subtotal $ 68,265 CONTRACT: 215 Asphalt Paving (In Place) by Agency 0 NT $ - 215 Saw cut Asphalt. by Agency 0 LF $ - 241 Disposal of Waste Materials by CSX 1 LS $ .2,000.00 $ 2,000 215 Maintenance of Traffic by Agency 0 DAY $ 350.00 $ - Subtotal $ 2,000 241 EQUIPMENT RENTAL: Subtotal $ 27,492 50 WORK TRAIN: 0 DAY $ 2,100.00 $ - Subtotal $ - SALVAGE: 228 Rail 7 NT $ 65.00 $ (455) 228 OTM 2 NT $ 75.00 $ (150) Subtotal $ (605) SIGNAL WORK: 210 Material - Field & Consumables $ - 210 Material - Sales Tax $ - 220 Material - Shop $ - 60 Construction Labor $ - 65 Shop Labor $ - Force Account Worksheet DIVISION OF COST: Agency 100.00% $ 203,633 Railroad 0.00% $ TOTAL kt *x� * * * « * *k *, *. * * *,x *max *, *..� «. *.xx $ 203,633 NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and otherfactors known as of the date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, andlor other conditions that become apparent once construction commences or during the progress of the work Office of Assistant Chief Engineer Public Projects -- Jacksonville, Florida Estimated prepared by: RL Ice Approved by: H. A. Gibson DATE: REVISED: 8/2312011 DATE: 10/28/2011 Form Revised 05- 05- 2011 -LLS Force Account Worksheet CSXT Public Project Group CSX TRANSPORTATION, INC. Page 3 of 3 FORCE ACCOUNT ESTIMATE ACCT. CODE : 709 - FL -1472 Pub EB - FL EB3 (FL) 230 Per Diem $ ' 200 RR Engineering, Preliminary $ ' 200 RR Engineering, Construction $ ' 60 Additives to Construction Labor $ - 65 Additives to Shop Labor $ ' 200 Additives to Engineering $ - 241 Equipment Expense $ - 241 Waste Management $ ' 212 Contract Engineering $ ' 211 Freight $ - 216 AC Power Service $ ' 228 Salvage $ - 900 Other $ 5,500 Subtotal $ 5,500 ACCOUNTING & BILLING: 40 Labor 11.5 Days @ $ 200.00 $ 2,300 40 Additive 63.03% $ 1,450 Subtotal $ 3,750 PROJECT SUBTOTAL: $ 185,121 900 CONTINGENCIES: 10.00% $ 18,512 GRAND TOTAL "******�*�*"*t" * * *"rr *' `�W`" $ 203,633 DIVISION OF COST: Agency 100.00% $ 203,633 Railroad 0.00% $ TOTAL kt *x� * * * « * *k *, *. * * *,x *max *, *..� «. *.xx $ 203,633 NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and otherfactors known as of the date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, andlor other conditions that become apparent once construction commences or during the progress of the work Office of Assistant Chief Engineer Public Projects -- Jacksonville, Florida Estimated prepared by: RL Ice Approved by: H. A. Gibson DATE: REVISED: 8/2312011 DATE: 10/28/2011 Form Revised 05- 05- 2011 -LLS Force Account Worksheet CSXT Public Project Group STATE OF FLAW DA DEPARTMENT OF TRANSPORTATION WORK DESCRIPTION 725 -090 -07 GRADE CROSSING RAIL. NEW OR RECONSTRUCTION 10/99 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER N/A SW 10th Street PALM BEACH 1 (X & S R) A. JOB DESCRIPTION & LOCATION: B. TYPE OF ROADWAY FACILITY: C. FDOT /AAR XING NO.: 628159 -H RAILROAD COMPANY CSX Transportation X -ing reconstruction of #1 main track only (west track) 4 Thru Lanes - Urban Collector RR MILE POST TIE: SX 988.63 D. TYPE CROSSING PROPOSED: Type C - Modified DOT INDEX: 560 E. STATUS AND PROPOSAL: 1. EXISTING CROSSING (See Agreement dated 9/15/1994 _ ) a. XX To be improved as permanent public road crossing. b. To be (used - improved) for temporary (haul- detour) operation, Pit. No. C. To be relocated (See above for new location) Existing crossing will: (1) remain in place for local use. (2) be abandoned and removed by (State - Railroad) forces. d. To be eliminated - Remarks 2. NEW CROSSING a. XX To be constructed as permanent public road crossing_ b. To be constructed for temporary (haul- detour) operation, Pit No. C. Relocated from elsewhere (See 1.c. above, Re: Existing Crossing). d. Requires Public Hearing (State Statute 335.141 & 120.57) F. VERTICAL ALIGNMENT: 1. XX Meeting elevation of existing rails. 2. Track adjustments necessary. Rails to be (raised - lowered) 0 feet. G. CROSSING PROTECTION: (Signal Sheet attached: O Yes 0 No.) H. DRAINAGE ITEMS: (Drainage Sheet attached: 0 Yes No.) I. COMMUNICATION AND /OR POWER LINE ADJUSTMENTS 1. XX By Others ( CITY or Contractor Company.) 2. N/A By Railroad Company. J. AUTHORITY REQUESTED: (Draft attached: 0 Yes 0 No.) 1. XX Agreement (Third Party Participating City of Delray Beach ) 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Order No. 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). K. OTHER REMARKS: Negotiations to be completed by Reconstruct #1 main track only (west track), #2 main track in good condition. I I I i i m w ¢ °y`�'�' NikO ��� J cl, X07 � is .a � ss a ZrpY��S vl uj R O d O LU NVY o y - � w ? Cl o f b wW ti I I 1 r--*• ❑t a � 1 In I � L....i � � 5 i 18 Wb g poi. W { O= gpput to q`ai�E'S �, M ❑� I � i i j ti i � I I � I I � t i i i 1 ~133211S I�------- - - - - -- H101 MS I y 9 — 1337!15 H1A! A4S - 038 I - I 038 ! i j 1 I I I �a I i• I 9$ N Rz & ww ° STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 725.OW41 RAIL Occ- oin1 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER . N/A SW 10th Street PALM BEACH 1 (X & S R) COMPANY NAME: CSX Transportation, INC / South Florida Rail Corridor A. FDOT /AAR XING NO.: 628159 -H B. TYPE SIGNALS PROPOSED IV RR MILE POST TIE: SX 988.63 CLASS IV . DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* Flashing Signals - One Track $2,266.00 Il Flashing Signals - Multiple Tracks $2,985.00 111 Flashing Signals and Gates - One Track $3,402.00 IV Flashing Signals and Gates.- Multiple Tracks $4,272.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14- 57.011 Public Railroad- Highway Grade Crossing Costs EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. 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