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2005-055
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2005-055
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Entry Properties
Last modified
7/7/2016 12:21:33 PM
Creation date
9/30/2015 9:30:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/08/2005
Control Number
2005-055
Agenda Item Number
11.I.2
Entity Name
FEC Railway, LLC
Subject
Railroad Reimbursement
Area
16th St./17th St. crossing
Project Number
23087215701
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
5394
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725-090.23 <br /> RAIL <br /> Dim <br /> Page 4 of 6 <br /> 15 . It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT <br /> shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above <br /> adjustment work. <br /> 16 . It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the <br /> COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of <br /> previously existing facility, less salvage credit as set forth in the immediately preceding paragraph . <br /> 17 . Upon completion of the work, the COMPANY shall , within one hundred eighty ( 180) days , furnish the <br /> DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work <br /> performed hereunder, such statement to follow as closely as possible the order of items contained in the estimate attached <br /> hereto . The totals for labor, overhead , travel expense , transportation , equipment, material and supplies , handling costs <br /> and other services shall be shown in such a manner as will permit ready comparison with the approved plans and <br /> estimates . Materials shall be itemized where they represent major components of cost in the relocation following the <br /> pattern set out in the approved estimate as closely as possible . Salvage credits from recovered and replaced permanent <br /> and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or <br /> the original charge for temporary use . <br /> The final billing shall show the description and site of the Project; the date on which <br /> the first work was <br /> performed , or, if preliminary engineering or right-of-way items are involved , the date on which the earliest item of billed <br /> expense was incurred ; the date on which the last work was performed or the last item of billed expense was incurred <br />; <br /> and the location where the records and accounts billed can be audited . Adequate reference shall be made in the billing <br /> to the COMPANY' S records, accounts and other relevant documents. All cost records and accounts shall be subject to <br /> audit by a representative of the DEPARTMENT. Upon receipt of invoices , prepared in accordance with the provisions of <br /> the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of <br /> such actual costs approved by the DEPARTMENT'S auditor. <br /> 18 . Payment shall be made only after receipt and approval of goods and services unless advance payments are <br /> authorized by the State Comptroller under Section 215 . 422 ( 14) , Florida Statutes . <br /> 19 . In accordance with Section 287 . 058 , Florida Statutes , the following provisions are in this Agreement: If this <br /> Contract involves units of deliverables , then such units must be received and accepted in writing by the Contract Manager <br /> prior to payments . Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a <br /> proper preaudit and postaudit there of. <br /> 20 . Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance <br /> with DEPARTMENT Rule 1446 . 002 " Responsibility for the cost of Railroad/Highway Crossings" and the Federal Highway <br /> Administration Federal-Aid Policy Guide, 23 C. F . R. Subchapter B , Part 140 , Subpart I "Reimbursement for Railroad Work. " <br /> 21 . In accordance with Section 215 . 422 , Florida Statutes , the followings provisions are in this Agreement: <br /> Contractors providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon <br /> receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services , unless the <br /> Agreement specifies otherwise . The DEPARTMENT has 20 working days to deliver a request for payment (voucher) to the <br /> Department of Banking and Finance . The 20 days are measured from the latter of the date the invoice is received or the <br /> date the goods or services are received , inspected , and approved . <br /> If a payment is not available within 40 days , a separate interest penalty at a rate as established pursuant to <br /> Section 215. 422 (3)(b), Florida Statutes, will be due and payable in addition to the invoice amount, to the Contractor. <br /> Interest penalties of less than one ( 1 ) dollar will not be enforced unless the Contractor requests payment. Invoices which <br /> have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The <br /> invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. <br /> A Vendor Ombudsman has been established within the Department of Banking and Finance . The duties of this <br /> individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely <br /> payment(s) from a state agency . The Vendor Ombudsman may be contacted at (850) 410-9724 , or by calling the State <br /> Comptrollers Hotline , 1 -800-848-3792 . <br />
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