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AGREEMENT AND ESTIMATE FOR RUBBER CROSSING AT CHESNUT STREET�' � � THZS AGREEMENT, made this � day of ���� 1999, between the CITY OF CLEARWATER, hereinafter called CITY, and CSX TRANSPORTATION INC., a Virqinia corporation, hereinafter called RAILROAD. W I T N E S S E T H WHEREAS, in the interest of public safety and convenience, CITY proposes to reconstruct, with full depth rubber crossing material, the 60 foot public road crossing of Chestnut Street, AAR 626804V, Railroad Milepost SY-874.95, in Clearwater, Pinellas County, Florida; WHEREAS, the construction of the aforesaid improve,�znts will involve property and facilities owned and operated by RAILROAD over which certain rights and privileqes are desired by CITY for the construction and maintenance of the Project, which rights and privileges RAILROAD is willing to qrant subject to the terms and � conditions hereinafter set forth; and WHEREAS, CITY and RAILROAD desire to provide for carryinq out the work required to accomplish the ; contemplated improvements, to allocate the portions of the work to be performed by each of them, to determine and agree upon their respective responsibilities, and to provide for the method and schedule for reimbursing RAILROAD for the portion of the work it performs: NOW, THEREFORE, in consideration of the mutual benefits which will inure to both parties by virtue of the proposed work, CITY and RAILROAD do hereby covenant and agree as follows: 0.� Dll �- ��� �// � 1 i SECTION 1. The CITY plans and specifications for construction of the contemplated improvements are identified by title as follows: Reconstruct the Chestnut Street crossinq with full depth rubber crossinq material. As a condition precedent to this Agreement, RAILROAD must approve the foreqoinq plans and specifications, together with any revisions and additions, and upon approval by RAILROAD, those plans and specifications shall become part of this Agreement by reference. The overall work described herein and depicted on the referenced plans is sometimes referred to as the "Project" and the cost thereof is sometimes referred to as the "Project Expense". SECTION 2. The work associated with the Project shall be performed in accordance with the terms of this Agreement and at project expense as specified in the "Scope of the Work," which ia attached as Addendum A and incorporated as part of this Agreement. Work not specifically provided for in this Agreement shall be performed as mutually aqreed during proqress of the work. SECTION 3. CITY shall bear all costs associated with protectinq railroad traffic as a consequence of its� operations. RAILROAD shall furnish at City's sole expense, such flaqmen, watchmen or other protective services and devices as are required, in the sole opinion of RAILROAD, to promote safety and insure continuity of railroad traffic. RAILROAD agrees to bill � � - 3 - 1 the City promptly for such protective services and devices. CITY shall submit to RAILROAD's Chief Engineer and obtain his or her approval for: (1) Data regarding methods and procedures for performing work on RAILROAD'S right-of-way and (2) Plans and Specifications for any shoring an� sheeting upon and adjacent to RAILROAD'S right-of-way. CITY shall abide by the RAILROAD's Chief Engineer's instructions relatinq to safety of railroad operations and give RAILROAD'S Divisfon Enqineer or its authorized representative at least sixteen (16) days advance notice of any anticipated need for flagmen or watchmen. CITY shall perform all work upon or adjacent to RAILROAD'S property in accordance with the plans and specificatfons for the Project and at such a time and in such a manner that are agreeable to the RAILROAD'S Chief Engineer or its authorized representative. CITY shall reasonable care and diligence at all times and cooperate with RAILROAD officials in order to avoid accidents, damaqes or unnecessary delay to, or interference with, trains of RAILROAD. CITY sfiall not work or operate upon RAILROAD'S tracks and shall not allow any of its equipment or material to encroach within the followinq minimum construction clearances without first obtaininq authority from RAILROAD'S Chief Engineer or its authorized representative: A 1 �� � Horizontal - 18.0 feet, measured at a right angle to the centerline of the a nearest track. Vertical - 22.0 feet above the top of the highest rail of RAILROAD'S track. CITY shall obtain written.authority from the RAILROAD if at anytime it desires to establish and use a temporary at-grade crossing of RAILROAD's tracks, or to use any existinq unprotected grade crossing, and, if required by RAILROAD, execute RAILROAD's standard form of private qrade crossing agreement with respect to the crossing desired. CITY shall remove, upon completion of the work and before final payment is made, from within the limits of RAILROAD'S land, all machinery, equipment, surplus material, falsework, rubbish or temporary buildings and other property of the City and that City leave said land in a condition satisfactory to the Railroad's Chief Enqineer or its authorized representative. SECTION 4. The estimated cost of the Force Account Work, engineerinq and inspection to be performed by RAILROAD as outlined in Addendum "A" ie $44,676.01. Detailed estimates of the costs of such work are attached and made part of this Agreement. Final costs will be based upon actual costa includinq normal surcharges. Documentation and other information supportinq the charges will be furnished with the final bill. RAILROAD may bill CITY when the amount due RAILROAD pursuant to this Agreement equals $1,000.00 or more. CITY shall pay such bills within 30 days after receipt. � � �� � SECTION 5. Work provided for in this Aqreement shall be commenced within a reasonable amount of time after the date on which this Aqreement becomes effective and all necessary funds for which CITY is responsible have been properly certified and made available; and such work shall be completed within a reasonable time. Preparinq plans and buying and assemblinq materials shall be construed as compliance with the "reasonable amount of time" provision. Neither this paragraph or any other provision of this agreement shall be construed as being for the benefit of any other third person. SECTION 6. It is understood that the construction costs of the Project are to be financed from funds provided by CITY. All plans, specifications, estimates of cost, awards of contracts, acceptance of work, and procedures in general are subject at all times to all rules, regulations, orders and approvals applying to said improvement. CITY shall reimburse RAILROAD for construction costs and for preliminary and construction enqineering costs in accordance with the Federal Highway Administration procedures set forth in 23 CFR Section 140.900, et seg., and 23 CFR Section 646.200, gt ggg. In the event that delays or difficulties arise in securing necessary approvals or in securinq necessary rights-of-way or settlinq damages or damaqe claims, and in the opinion of CITY, such delays or difficulties render it impracticable to utilize funds from the current appropriation for the construction of the Project, then, at anytime before a construction contract is � � C _� r executed by CITY, CITY may serve formal notice of cancellation upon RAILROAD, and upon RAILROAD's receipt of such notice, this Agreement shall be of no further force and effect. CITY shall reimburse RAZLROAD for all costs and expenses that were incurred by it pursuant to this Agreement prior to such cancellation. In the event any costs incurred by RAILROAD pursuant to this Agreement are not reimbursable under the rules and regulations of the Federal Highway Administration, CITY shall reimburse RAILROAD for all such costs. SECTION 7. Insurance: In addition to the insurance required by the CITY, CITY shall purchase and maintain Railroad Protective Insurance pursuant to the following quidelines: (a) In connection with highway projects for the elimination of hazards at Rail-Nighway crossings and other highway construction projects, wholly or partly within RAILROAD riqht-of-way, RAILROAD Protective Liability Insurance shall be purchased on behalf of RAILROAD by the City. (b) CITY shall obtain before work is commenced and to maintain until work is completed and accepted by Railroad, a RAILROAD Protective Liability Policy of Insurance in the name of RAILROAD and said policy to be on the ISO/RIMA Form of Railroad Protective Insurance ISO Form CG 00 35 with endorsement No. CG 28 31. Limits of liability shall be in the amount of at least $2,000,000 per occurrence for bodily injury or death and property damage, subject to a limit of not less than $6,000,000 per annual policy period. However if improvement is located on a Passenger Service / � - 7 - route or hazardous material identified route, the limits shall be $5,000,000/$10,000,000, respectively. The policy of insurance specified in this section shall be countersigned by a resident agent of the State of Florida in accordance with the applicable statute of the State of Florida. The policy shall be submitted to and approved by RAILROAD before work on its right-of-way commences. To provide RAILROAD adequate protection on Force Account Work, it will be necessary to purchase insurance in accordance with 49 CFR Section 646.101, et se ., and the amount of such insurance coveraqe and the premium to be paid therefor will be included in RAILROAD's Force Account Estimate. SECTION 8. Upon completion of the contemplated improvements, CITY shall maintain, repair and renew at its expense, all parts of the hiqhway and highway facilities built or changed under the terms of this Agreement. RAILROAD shall, at its cost and expense, maintain any of its facilities which may be altered or chanqed as a part of this Project. SECTION 9. IInder the Federal Hiqhway Administration's Federal-Aid Policy Guidelines published at 49 CFR Sections 646.210(b)(1),(2),(3),(4), this Project will result in no ascertainable benefit to RAILROAD, and RAILROAD'S contribution thus shall be zero dollars. . . � � �=� IN WITNESS WHEREOF, CITY and RAILROAD have caused their duly authorized representatives to execute this Agreement and affix their seals as of the date first shown above. CSX TRANSPORTATION, INC., a Virginia corporation sy : L%'�� . . Beckham Its Chief En�;ineer Svs Reliah;i;r�� �.� >. �i, �, CITY OF CLEARWATER By: M�.chael J. Roberto City Manaqer .�i� Rita Garvey Mayor-Commissio r ATTEST• �R.. C.�_� � ,' �. Cy thi'a -, E . ��udeau City C�,r��k Approved as to form: � �� � John Carassas Asst. City Attorney 0 - � � � ADDENDUM "A" Work to be performed or caused to be performed at Project Expense. A. By CITY. 1. Approach work and traffic control. B. By RAILROAD: 1. Preliminary & construction engineering. 2. Install crossing surface in accordance with attached estimate. � , ' - CSX TRANSPORTATION� INC. Pa9e � �FORCE ACCOUNT ESTIMATE � ACCT. CODE : T09 - � �.�TIMATE VOID AFTER;_ S/1/98 LOCATION: Cleacwater. Flo�ida DOT NO.: 826 804 V OESCRIPTION: Reconstnid 80.0' public road crossinp (Chestnut Street • 1 trad� with 132i fuii depth iubbet. D(V{310N: � SUB��IV: 1� ea�� MN.E POST: �Y-874•95 DRAWING NO.: � ORAWIN�i DATE �/ �RRELlMINARY ENGINEERIN�3: t,.abo� Mon c«nracq Sur+cftarye 45.0196 �� Subtotal CONSTRUCTiON ENGINEERING/INSPECTION: Labor (Non Cartracg Sutcharge 45.0196 �� Subtotal GGI G • o l.abor (Conduaor-Fta�nan) I.abor (FonemaMnspedo� I�uance 23.0096 su�har�pe 70.8896 (TranspoRation Depa�tmenU Surcha�e 75.0796 (Enpineerirq DeQartmenU � Subtot� � .- �-_- ,1• . .. .. - �� � �:. :� � ,, � . � ��: �i�l.� ► � l.� ►� u�l�_.. �� � �:. :� � - :��. � : . : � � .. Fie: CAestrxit Street - Sl'874.96 FOR�da 1 � ! � 2so.00 � Days � S 250.00 Q � � �_ g Days � t 150.00 i 2so.00 S 112.53 i - i 362.53 i 500.00 i 225.05 i i 725.05 i - i 300.00 i 69.00 i - i 225Z1 i 594.21 i - _ - _ • s - _ - _ - � CSX TRANSPORTATION, INC. � FORCE ACCOUNT ESTIMATE � ACCT. CODE : T09 - �1 Pa�e 2 IBA.� u�eort Tt�ffic Cattr+ol Remove Existinp Cmssirq Reneyv Cross Ties Renew Ra� �n or� I�tall Field Weids Instaq Geo-Textile Fabric Inslsq Su�Drains tn�al� Banast une and Surface Mstan crossir�y Materiats Ir�stan Bituminous Pavement C,IearN� Ins�,rance z3.0096 Stxcha�e 75.0796 Subsistence 3ubtotal IBASdS: ��� Ci+oss Ties. Main L�e Raa. Rels�! 13� 11�5sc. oT1W Ceo-Te�dile Febric Su�Drains Ba�ast Field Welds co�ce�e� � c�s�4 Rubber C�+o�tq � So�d lirnber C�p Ti�nberlAspha� Cr+�inp �bbe�/asphan Ct�o�p B�um�wus Mat�ial Material Handlin� Subtotal CONTRACT: AsphaR Pavin� pn Place) Disposal of Waste Materials MaiMenance of Traffic Subtotal Fia Ctwstrx�t StroaR - SY874.96 FDR�ds 5.0096 Q �s Q �AAN-HRS 4 �s Q MAf�HRS 4 iww-�s Q �s Q Nl�11�iRS Q �AAI�-f�2S 4 �+�s 4 u�+a�s �Q MAt�-I�2S Q AAAN-��25 Q AA�1I�-1�23 Q �AAN�S Q AAAI�f�tS Q �AAf�H-IRS s �s•so ; 15.50 � 15.50 � 15.50 f 15•50 s �s•so i 15.50 t 15•50 i 15.50 ; 15.50 � 15.50 � 15.50 i 15.50 ; 15.50 : 15.50 : 15•50 �Q MAt�-DAY S 47•00 � � 1 � 4 � Q Q 4 Q- Q � 4 Q Q Q i� � � �► LF LOT SY LF t�lT EA � � � � 7F NT t�lT � W4Y i 22.00 t i8•00 S 500•00 i 27S i 200 i 4.36 i �.15 �_ �_ �- i �ss.00 i ns.00 i 80.00 i 35.00 i 1os.o0 i 70.00 i 125.00 i 10.00 i 500.00 s - i - s - i - s - s - i - _ - s - s - i 3.720.00 i - i - i - i - _ - s sss.eo i 2,792.80 i 1,410.00 i 8,778.20 i 1.210.00 i 2.808.00 i 500.00 i 294.25 i - S 174.00 i - i - i - i - s i 13.500.00 i - i - _ - i - i 924.31 = 19,410.56 S 5,250.00 i soo.o0 i 2,500.00 t 8,350.00 _ CSX TRANSPORTATION, INC, pa�� � ' �FORCE ACCOUNT ESTIMATE � � ' ACCT. cooE : aos - � �QUIPMENT RENT • Gaiq Trudc 800m Tnx�t � DAY i 150.00 i 750.00 Dump Tnidt 1 DAY = 81.00 i 81.00 �� � OAY i 158.00 i 312.00 �� � DAY i 133.00 i 399.00 Air DrilUWnettd� � DAY i 68.00 S 340.00 Tie Tamper (Produdion) � �Y t 13.00 = �.� Tie Tamper (Hand Hek1) 1 �Y i 197.00 i 197.00 Roper Q DAY i 50.00 i - �� Q DAY i 162.00 i - Subtotal � DAY S 50.00 s 250.pp i 2,394.00 7'RANSPORTATION: (M on Line Miles) Subtotal �IMORK TRAIN: Subtotal Q TON/MILE = 0.97 Q DAY = t,Spp,pp V G • � Q � i 65.00 � 4 M i 75.00 Subtotal S�?NTINGENCIES• �o.00� �xa�s s�. a comm.� GRAND TOTAL �.11. • , •� �i•�� � �� h ,.:, � Q� TOTAL �+d Divlsion Engineer EsS"e�Eee B�r. N'= T'�'� ��$64-8259 �� lC1� REVISED: � Fam Last ReNsed Feb�usry 15,19A8 i - s ---- S . s --- i . i _ s -- S 4,081.46 s �a,s�s.o- i 44,678.01 _ i 44,678.01 Note: Th1s estin�ate �s based on tull CROS3INO CLOSURE du�tng woric by Railroad Forces. F1e: f�eahwt Streat - SY874.95 FDR�ds