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File #: 15-230    Version: 1
Type: Contract/Agreement Status: Passed
File created: 9/22/2015 Department: Public Works
On agenda: 11/10/2015 Final action: 11/10/2015
Title: Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of fiber optic cable along the South Belcher Road Intelligent Transportation System Project from Druid Road to Park Boulevard.
Attachments: 1. Attachment 1 - FE Facility Encroachment Agreement, 2. Attachment 2 - Exhibit A to Agreement, 3. Attachment 3 - Location Map, 4. Attachment 4 - CSX Statement of Fees, 5. Attachment 5 - OMB Review, 6. Attachment 7 - Request & refusal to modify indemnification - CSX.pdf

Subject:

Title

Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of fiber optic cable along the South Belcher Road Intelligent Transportation System Project from Druid Road to Park Boulevard.

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Recommended Action

Recommended Action

Approval of the Facility Encroachment Agreement with CSX Transportation, Inc. (CSXT), for the installation of fiber optic cable along the South Belcher Road Intelligent Transportation System (ITS) Project from Druid Road to Park Boulevard.

CSXT Agreement No. CSX798383.  County PID No. 001030A.  The total cost to the County for authorization to install the fiber optic cable is $2,550, which includes a one-time license fee of $1,500, and a Railroad Protective Liability Insurance Fee of $1,050.  The current construction cost for this project is estimated to be $2,314,293.

Body

Strategic Plan:

Ensure Public Health, Safety, and Welfare
2.5 Enhance pedestrian and bicycle safety.

Foster Continual Economic Growth and Vitality
4.4 Invest in infrastructure to meet current and future needs.
4.5 Provide safe and effective transportation systems to support the efficient flow of motorists, commerce, and regional connectivity.

 

Summary:

This agreement authorizes the County to perform the installation of fiber optic cable along South Belcher Road as part of the Countywide ITS Program.  The agreement also stipulates the encroachment fee, specifications and requirements for installation and maintenance of the cable, as well as liability and insurance requirements.

Background Information:

Installation of this cable traverses the CSXT rail corridor, which crosses South Belcher Road just north of 90th Avenue North.  The fiber optic cable will be installed above the railroad tracks by attachment to the underside of the bridge deck crossing the CSXT railroad and Cross Bayou Canal.  In order to install the cable over CSXT’s right-of-way, a Facility Encroachment Agreement with CSXT is required.

Additionally, staff and the County Attorney have reviewed the indemnification language contained in Section 10.1 of the Facility Encroachment Agreement and agree that it does not increase the liability to the County beyond an acceptable level of risk.  Furthermore, CSXT will not modify their indemnification language, as it is a standard requirement in their agreements.

 

Fiscal Impact:

The total cost to the County for authorization to install the fiber optic cable is $2,550, which includes a one-time license fee of $1,500, and a Railroad Protective Liability Insurance Fee of $1,050.  The contractor will be required to obtain a railroad protective liability policy either through a private insurance provider, or as a rider to CSXT’s existing policy.  The County will self-insure for commercial general liability requirements.  The current construction cost for this project is estimated to be $2,314,293.

While there is no financial cap to the agreement, as the County is responsible for all costs incurred, the only foreseeable cost in addition to the license fee is the cost for flagging services.  Flagging services may be required by CSXT and are reimbursable to them at approximately $800/day.  The installation of conduit is anticipated to be three (3) days or less for a total flagging cost of $2,400.

Funding for this agreement is budgeted in the County’s Capital Improvement Program.  The sources of funding are provided by the Local Option Fuel Tax (9th Cent), and a Transportation Regional Incentive Program grant through the Florida Department of Transportation.

 

Staff Member Responsible:

Ken Jacobs, Traffic Division Manager, Public Works

 

Partners:

CSX Transportation, Inc.