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File #: 19-1568A    Version: 1
Type: Contract/Agreement Status: Passed
File created: 9/3/2019 Department: Public Works
On agenda: 10/8/2019 Final action: 10/8/2019
Title: Construction agreement with CSX Transportation, Inc. for the crossing surface replacement on 54th Avenue North (County Road 202).
Attachments: 1. FE Construction Agreement with CSX Transportation Inc, 2. Agreement with Exhibits A-F and Schedule I, 3. Exhibit B - Plans, 4. Indemnification Email from CSXT, 5. Project Location Map

Subject:

Title

Construction agreement with CSX Transportation, Inc. for the crossing surface replacement on 54th Avenue North (County Road 202).

label

 

Recommended Action:

Recommended Action

Approval of a construction agreement with CSX Transportation, Inc. (CSXT) for the crossing surface replacement on 54th Avenue North (County Road (CR) 202).

 

                     Existing concrete surface to be replaced with new tub (platform-type) crossing surface by CSXT.

                     County to install approach roadway paving on each side of new crossing surface.

                     Work expected to take place during summer and be completed by mid-August 2020.

 

CSXT OP No. FL2152, County PID No. 002194A; total cost is $354,678.00. Authorize the Chairman to sign and the Clerk of the Circuit Court to attest.

Body

 

Strategic Plan:

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
5.1 Maximize partner relationships and public outreach
5.3 Ensure effective and efficient delivery of county services and support

 

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 on 54th Avenue N. (C.R. 202).  Work includes replacement of the existing concrete surface with a new tub (platform-type) crossing surface. Rail crossing work is anticipated to take two weeks to complete. The entire project should be completed within thirty days and prior to the start of the Fall 2020 school semester beginning in mid-August.

 

Background Information:

Per the terms of Exhibit A - Allocation of Work contained in the construction agreement, CSXT shall perform: 1) removal of existing crossing service; 2) installation of new tub (platform-type) crossing surface; 3) rebuild rail and track as necessary; 4) remove and haul away debris related to crossing work; 5) flagging services and other protective services and devices as may be necessary; and 6) construction engineering and inspection services to protect the interests of CSXT. 

Per the terms of Exhibit A - Allocation of Work, the County will provide the following services through its contractor(s): 1) install approach roadway paving on each side of the new crossing surface; 2) provide maintenance of traffic and police protection as necessary for CSXT and rail contractor; 3) remove and haul away debris related to County’s milling and paving work.

Additionally, Section 11.1 of the agreement requires the County to indemnify CSXT.  The language in this section has been modified by CSXT to limit sovereign immunity in accordance with Florida Statutes, Section 768.28(5).

 

Fiscal Impact:

Funding for this agreement is budgeted in the FY20 Adopted Budget and FY20-25 Capital Improvement Plan with Local Infrastructure Sales Surtax (Penny for Pinellas) as the funding source.

 

The County’s total cost for CSXT preliminary engineering and construction services is $373,178.00, less $18,500.00 paid to CSXT during the preliminary engineering design phase, for a total revised cost of $354,678.00.  As required by the terms of the agreement, advance payment in full is required upon issuance of a notice to proceed for project activities.  The CSXT charges for this type of request are standard and do not typically vary from the amount stated in the agreement. However, in the event that payments received by CSXT from the County exceed the reimbursable expenses, CSXT shall remit such excess to the County, and conversely, should actual expenses exceed the estimate, CSXT shall provide the County with a revised estimate for County approval.

 

Staff Member Responsible:

Addie Javed, Director, Public Works

 

Partners:

CSXT
Lealman Community Redevelopment Agency

 

Attachments:

Agreement with Exhibits A - F and Schedule I
Exhibit B - Plans
Email from CSXT regarding Indemnification
Project Location Map