Agenda

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County Attorney's Report 8. 2.

BCC Regular Meeting

Action

Meeting Date:	04/02/2020
Issue: Temporary Right of Entry Agreement with CSX Transportation, Inc. for the Bradley Blvd Dirt Road Paving Project
From:	ALISON ROGERS
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Temporary Right of Entry Agreement with CSX Transportation, Inc. for the Bradley Boulevard Dirt Road Paving Project.

That the Board take the following action concerning a Temporary Right of Entry Agreement with CSX Transportation, Inc., for the Bradley Boulevard Dirt Road Paving Project (this item was placed on the County Attorney's agenda at Commissioner Barry's request):

A. Approve the Temporary Right of Entry Agreement with CSX Transportation, Inc.; and

B. Authorize the Chairman or Vice-Chairman to execute the Agreement.

[Note that this Temporary Right of Entry Agreement requires the County to agree to terms the County Attorney's Office usually advises against. However, CSX has declined any amendments to its language.]

[Funding: To be identified by the County Engineer.]

BACKGROUND:

This Agreement is required to complete the Bradley Boulevard dirt road paving project.

Note that this Temporary Right of Entry Agreement requires the County to idemnify and hold CSX harmless, defer to CSX's engineer on engineering practices, pay (in advance) for "protective services" (estimated at $13,929.00), buy insurance for CSX, pay its legal fees, and agree to litigate in Duval County.

BUDGETARY IMPACT:

Pursuant to Section 5 of the Agreement, the initial costs associated with the Agreement are estimated at $13,929.00.

LEGAL CONSIDERATIONS/SIGN-OFF:

Note that this Temporary Right of Entry Agreement requires the County to idemnify and hold CSX harmless, defer to CSX's engineer on engineering practices, pay (in advance) for "protective services" (estimated at $13,929.00), buy insurance for CSX, pay its legal fees, and agree to litigate in Duval County.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

The Public Works Department will administer the Agreement.

Attachments
Temporary Right of Entry Agreement