CN-550000-ASO90-W0010000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

RAILROAD CHANGE ORDER NO. 1

725-090-04B

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Financial Project Number Road Name or Number County Name Parcel & R/W

Number

FAP

Number

445380-1-57-01 I-4 (SR 400) HILLSBOROUGH 10190-2201 N/A

A. 1. The CSX Transportation Inc. Company is hereby authorized to observe the following changes in the plans and or specifications to the subject Railroad Agreement, and to perform such work accordingly, further described as:

Preliminary Engineering Review for Design Plans for Resurfacing within CSX ROW. This change order will cover any other work deemed necessary during this project.

2. Exhibit A, Exhibit B, and Exhibit C are attached to the Railroad Change Order and made part of the Original

Railroad Agreement.

3. The items of work covered by this Change Order are referenced to an Master Agreement of record dated

09/15/1998 and no supplemental Agreement is required.

Master Type: Crossing Surface Signals Preliminary Engineering

B. 1. The Railroad Relocation Work is to conform to that shown by the railroad adjustment plans as:

a.____ ATTACHED

b. X INCLUDED IN THE HIGHWAY CONTRACT PLANS

2. Reimbursement for the cost of this Railroad Work is to be in accord with the provisions set forth in Administrative Rule Chapter 14-57 as:

a. X NONREIMBURSABLE – Section .011(2)

b. REIMBURSABLE – Section .011(2)

(1) X Force Account Method

(2) Lump Sum Method

(3) Third Party Contract Method

C. ESTIMATED COST OF WORK DUE TO THIS CHANGE ORDER

ITEM

NO.

ITEM UNIT UNIT

PRICE

WORK ELIMINATED (-)

QTY AMOUNT

ADDITIONAL WORK (+)

QTY AMOUNT

1 Preliminary Engineering 1 $50,000.00

Sub-Totals ………………………………………………………………… $ $50,000.00

Net Cost of Construction Changes, this order ………………………... $ $50,000.00

Cost of Construction Changes, previously ordered ………………….. $ $

Net Total Cost of Construction Changes, to date…………………………………………….. $50,000.00

Contract Amount ………………………………………………………………………………… $

Estimated Cost of Work Authorized, to date………………………………………………….. $50,000.00

Examined as to provisions and participating items of cost:

Recommended: Approved: Approved: N/A

Date Date Date

Exempt From FHWA Review

District Rail Administrator Kenneth Madden

Director of Transportation Development Richard Moss

Division Administrator N/A

Federal Highway Administration

DocuSign Envelope ID: DD224835-D81C-4E57-8841-9208BEC20919

7/20/2021 | 7:54 AM EDT 7/20/2021 | 7:56 AM EDT

725-090-04B

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EXHIBIT A

The Company shall:

1. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Company during the term of the contract; and

2. 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.

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EXHIBIT B

The Company shall:

1. adhere to all Buy America requirements (23 CFR 635.410) to ensure that all manufacturing processes of steel and iron occur in the United States; and

2. ensure that prefabricated items that contain steel must also comply with Buy America; and

3. provide Buy America certifications that include correct language, project information, and the material’s delivery date.

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EXHIBIT C

The Company understands:

1. that while FHWA1273 does not apply to force account work performed by rail companies, FHWA-assistance is subject to Title VI (42 U.S.C. § 2000d et seq); and

2. requires appropriate assurances by providing an executed Title VI / Nondiscrimination Assurance, including Appendices A and E.

To: David.Grillo@dot.state.fl.us

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

ASO90

7/19/2021

CONTRACT INFORMATION

Contract: ASO90

Contract Type: AC - RR CROSSING-PE/INSTAL (RR-XING/PE)

Method of Procurement: R - RAILROAD/UTILITIES AGREEMENT

Vendor Name: CSX TRANSPORTATION, INC.

Vendor ID: F546000720022

Beginning Date of This Agreement: 07/12/2021

Ending Date of This Agreement: 12/31/2050

Contract Total/Budgetary Ceiling:

Description: Engineering Review for FPID 445380-1 - Design Plans for resurfacing within CSX Right Of Way

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 7/19/2021

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55074010706

Expansion Option: A8

Object Code: 563000

Amount: $50,000.00

Financial Project: 44538015701

Work Activity (FCT): 127

CFDA:

Fiscal Year: 2022

Budget Entity: 55150200

Category/Category Year: 088797/22

Amendment ID: W001

Sequence: 00

User Assigned ID: CO#1

Enc Line (6s)/Status: 0001/04

Total Amount: $50,000.00

Page1 of 1 mailto:David.Grillo@dot.state.fl.us

DT

Form Revision 9/6/19

CSX TRANSPORTATION – NEW PROJECT INITIATION FORM

Please provide the following information so that CSXT is able to accurately and appropriately process the project setup and billing.

Is this project associated with

Federal funds?

NO

Is this project associated with

State funds?

YES

Please describe the funding source for this project (i.e. INFRA, Section 130, State, County, Private, etc.).

District Dedicated Revenue - DDR

Project Requirements:

_ ✔Buy America

Additional procurement restrictions (Please describe below)

_ State Suspended and Debarred (Note - All federally funded projects are already monitored against the federal sus/deb listings)

_ _ Davis-Bacon (Please only check this box if this is a construction project that may be performed by an outside party)

_ _ CSX is subject to a state single audit as a recipient or subrecipient of funds (The only states that should apply here are FL or NC. FL must provide completed form DFS-A2-NS.)

_ Other If you selected Other, please describe below.

Only complete this section if this project is associated with

Federal and/or State funds.

Project Sponsor Bill To Information

Agency - Sponsor: Florida Department of Transportation District 7

Billing Address: 11201 N McKinley Drive MS 7-500, Tampa, Fl 32612-6456

Contact Name: Kenneth Madden, District Rail Administrator

Phone: 813-975-6407

E-mail: Kenneth.Madden@dot.state.fl.us

Project Location: I-4 (SR 400) from E of McIntosh Road to E of County Line Road

Project Description: Preliminary Engineering for Plan Reviews for Resurfacing Project

Sponsor Project Ref.

Number (If applicable) 445380-1-57-01

Signature of Applicant* Please sign, and e‐mail this form to the authorized CSX representative.

Name and Title of

Applicant

Kenneth Madden, District Rail Administrator

Signature of Applicant

Date: 7/20/2021 | 7:54 AM E

*By signing this form you are authorizing CSXT to incur costs and bill against this project. Should the project be canceled, CSXT will bill the Project Sponsor for the incurred costs. In the event the Project Sponsor is unresponsive for 90 days or more, the project will be closed;

and the Project Sponsor will be final billed for all project costs incurred.

mailto:Kenneth.Madden@dot.state.fl.us

/\:\ i\

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

RAILROAD REIMBURSEMENT MASTER AGREEMENT

PRELIMINARY ENGINEERING

FORM 725-090-63

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THIS AGREEMENT, made and entered into this by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the

DEPARTMENT, and CSX TRANSPORTATION, INC.

a corporation organized and existing under the laws of VIRGINIA with its principal place of business in the City of JACKSONVILLE

County of _D_U_V_A_L , State of _F_L_O_R_ID_A hereinafter called the COMPANY.

WITNESSETH:

WHEREAS, the DEPARTMENT proposes to engage in certain projects for the construction, reconstruction or other change of portions of the Public Road System which will cross the right of way and track(s) of the COMPANY at various locations throughout the State; and

WHEREAS, the manner of control over designs, schedules, and billings remains essentially standardized for many individual projects and is therefore well suited for establishment of procedures by way of a Master Agreement in order to ensure that all applicable federal and state laws are adhered to; and

WHEREAS, the plans for said construction, reconstruction, or other changes are to be reviewed by the

DEPARTMENT and the COMPANY.

NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows:

1. When the DEPARTMENT serves a Railroad Change Order on the COMPANY regarding relocation and/or installation of COMPANY facilities or the right to construct structure(s) and necessary approaches on the COMPANY'S right of way and over track(s), or requesting comments on certain stages of the DEPARTMENT'S plans development on said projects, the COMPANY will provide all necessary written estimates, plans, and plan review for the requested work at

DEPARTMENT'S expense in accordance with the DEPARTMENT'S Standard Indices and supplements thereto, or revisions thereof, as of the date of the Change Order.

2. All work contemplated hereunder shall at all times be subject to the approval of the COMPANY'S Chief

Engineer or his authorized representative.

FORM 725-090-63

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3. The COMPANY hereby agrees to prepare written estimates and/or plans to install and/or adjust the necessary parts of its facilities in accordance with either DEPARTMENT Procedure No. 725-080-225 "Reimbursement," and Rule

14-46.002 "Responsibility for the Cost of Railroad/Highway Crossings," Florida Administrative Code, or the Federal

Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Part 140, Subpart I, and 23 C.F.R. Part 646, Subpart Bas may or may not be required for federally assisted projects, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY agrees to clearly state the applicable method in its plans and specifications of the work to be performed on individual projects and to do all of such work with its own forces or by a contractor paid under a contract let by the COMPANY, all under the approval of the DEPARTMENT, and the Federal

Highway Administration when applicable.

4. The DEPARTMENT hereby agrees to compensate the COMPANY for all costs incurred by the COMPANY in the development of estimates and/or plans of said facilities, in accordance with the applicable Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated in the COMPANY'S plans and estimates, as approved by the

DEPARTMENT, shall not be subject to payment by the DEPARTMENT.

5. Plans and specifications of the work to be performed by the COMPANY on each project contemplated under the terms of this Agreement will be made a part of the Installation/Construction Agreement or Change Order upon final approval by the DEPARTMENT.

6. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of any work ordered and completed under the terms of the Instal lation/Construction Agreement or Change Order.

7. Upon completion of the Preliminary Engineering work request in individual projects under this Agreement, the

COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with four (4) copies of its certified progressive billing of all costs incurred in connection with the Preliminary Engineering performed on such individual projects, such statement shall follow as closely as possible the order of the items contained in each project estimate. The totals for labor, overhead, travel expense, transportation, and other services related to preliminary engineering shall be shown in such a manner as will permit ready comparison with the approved plans and estimates.

The certified progressive billing shall show the description and site of each Project, the date on which the first work was performed for preliminary engineering, the date on which the earliest 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 the

COMPANY'S records, accounts, and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. Public Entity Crime statement required, Section 215.422 F.S.

langua red, and Section 339.135(6)(a) required.

(L{ef The attached Contract Payment Requirements are incorporated and made a part of this Agreement.

FORM 725-090-63

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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

BY:

TITLE:

ATTEST:

(SEAL)

COMPANY:

) / t/

CSX TRANSPORTATION, INC.

R. K. Beckham B y.. (

- I\

J

Chief Engineer Sys Reliability J o_;;:; ;

TYPED NAME: R. K. Beckham

TITLE: Chief Engineer Sys Reliability

ATTEST:

(SEAL)

Approved as to Form, Legality and Execution Fiscal Approval Approved as to FAPG

Requirements

BY: - _.,.,_;.

-- Atto-rney ,•bcrf

Date

BY:

RECYCLED PAPER @

y'

DocuSign Envelope ID: DD224835-D81 C-4E57-8841-9208BEC20919

CONTRACT PAYMENT REQUIREl\1ENTS

1. The Department agrees to pay the Contractor for the herein described services at a compensation as detailed in this Agreement.

2. 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.

3. Section 287.058

If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.

4. Section 287.058

Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.

5. Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes.

6. Section 215.422

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 20 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 goods or services are received, inspected and approved.

7. Section 215.422

If a payment is not available within 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.

8. Section 215.422

A Vendor Ombudsman has been established within the Department of Banking and

Finance. The duties of this 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 (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792.

9. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to 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 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 and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.

10. Section 339.135(6)(a)

In the event this contract is for services in excess of TWENTY FIVE THOUSAND

DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of

Sec. 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 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."

11. Section 287.133 2(a)

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 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 ins. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

12. Section 287.0582

The Department's obligation to pay under this section 1s contingent upon an annual appropriation by the Florida Legislature.

CPR