Subject:
Title
Construction Agreement with CSX Transportation, Inc. for the replacement of the 35th Street North Railroad Crossing.
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Recommended Action:
Recommended Action
Approval of the construction agreement with CSX Transportation, Inc. (CSXT) for the 35th Street North Railroad Crossing Project.
• The project is to replace the existing asphalt surface with a new tub (platform-type) crossing surface by CSXT.
• The County will also install approach roadway paving on each side of the new crossing surface.
• The agreement stipulates the County will reimburse CSXT for the new crossing, currently estimated not to exceed $386,458.00. Actual costs may adjust that amount up or down upon CSTX completion.
• Funding in excess of the estimated not-to-exceed amount is available for other project costs in the Railroad Crossing Program.
• Funding for subproject 35th Street Rail Crossing Improvements (Project 004679A) is budgeted under the Railroad Crossing Program (Project 004189A), funded by the Penny for Pinellas.
CSXT OP No. FL “to be determined,” County PID No. 004679A; Total amount of $386,458.00; Authorize the Chairman to sign and the Clerk of the Circuit Court to attest.
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Strategic Plan:
Ensure Public Health, Safety and Welfare
2.1 Provide planning, coordination, prevention and protective services to ensure a safe and secure community.
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.
Deliver First Class Services to the Public and Our Customers
5.3 Ensure effective and efficient delivery of county services and support.
Summary:
Summary
This agreement establishes the responsibilities between the parties in preparation of construction activities within CSXT’s right-of-way for the crossing surface replacement at 35th Street North in Lealman. Work includes replacement of the existing asphalt surface with a new tub (platform-type) crossing surface. Rail crossing work is anticipated to take two (2) to three (3) days to complete. The entire project should be completed within approximately ninety (90) days.
Exhibit A of the agreement outlines responsibilities of CSX and Pinellas County.
Section 11.1 of the Agreement requires the County to indemnify CSXT, in conflict with County Resolution 06-70. However, the language in this section has been modified by CSXT to limit sovereign immunity in accordance with Florida Statutes 768.28(5).
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Background Information:
The overall project will include milling and resurfacing of 35th Street North from south of the rail crossing to 46th Avenue North. Replacement of this rail crossing is planned to be performed in conjunction with the 46th Avenue North rail crossing project. Plans for this rail improvement have been completed, reviewed, and approved by CSXT and will be issued as a work order under the County’s continuing contract for ADA, Sidewalk, Drainage and Roadway Improvements.
The County’s roadways cross CSXT property and require an appropriate crossing material for vehicles to safely cross the tracks. As the County’s roadways encroach on CSXT’s property, the County is responsible for all costs incurred by CSXT for construction materials, personnel, construction activity, traffic control, and inspection. All State and local agencies having roadways crossing CSXT property are required to follow the procedures outlined in the CSXT Public Project Manual.
Fiscal Impact:
Funding for subproject 35th St Rail Crossing Improvements (Project 004679A) is budgeted under the Railroad Crossing Program PIV (Project 004189A), funded by the Penny for Pinellas. Total available funding is the amount of the full project allocation as represented in the approved budget. Available funding in excess of the recommended not-to-exceed amount is available for other project costs. In the event that future fiscal year funding is not available for this project, the County maintains the authority to terminate this agreement.
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works Department
Partners:
CSXT
Attachments:
Agreement with Exhibits A - F, Schedule I, Plans
Payment Submission Form
Project Location Map
Resolution 06-70