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RAILROAD REIMBURSEMENT AGREEMENT - SR 595 (HARRISON AVENUE) & MYRTLE AVENUE ~' " ~!,."... 1 '" " \ CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Cyndie Goudeau, City Clerk FROM: Keith Crawford, Traffic Engineering Director COPIES: SUBJECT: Railroad Crossing Agreements: Lakeview Road, Pennsylvania Avenue DATE: June 10, 1986 Attached are original executed agreements between the City and Florida Department of Transportation for railroad crossings at Lakeview Road and also Pennsylvania Avenue. Please retain for your records. ~ KC/sn Attachments (2) RECEIVED . JUN 1 'l 1986 -. CITX CLERK , r, (,~ '.-'\- " .,) (-- (.; -,) \ Flor"id"a' Department of Trailsp!ortation BOB GRAHAM GOVERNUR THOMAS E, DRAWDY SECRETARY P. O. Box 1249 Bartow, Florida 33830-1249 May 23, 1986 Mr. R. E. Frame, Chief Engineering Officer Seaboard System Railroad, Inc. Post Office Box 45052 Jacksonville, Florida 32232 WPI No: 1126677 FAP No: RRS-000S(131) Section 15600-6922 State Road (Lakeview Road) Parcel 11 (R/W 2150) Crossing No: 626647-E RR MP: ARE-882.67 RR File No: 51-0-Fla (Largo) - BLP (AC 187304) Dear Mr. Frame: We are enclosing one (1) fully executed agreement involving your Company and covering the installation of grade crossing traffic control devices. The enclosed documents have been approved by the Department and you may consider this notice as your authorization to proceed with the work under the direction of our Deputy Assistant Secretary. Please extend advance notification of work by Railroad forces to our office. The work under this contract shall be performed in accordance with the provisions of the Federal Highway Administration's Federal-Aid Program Manual Volume 1, Chapter 4, Section 3, and/or Volume 6, Section 2, as required. Should additional information or meeting with Department representatives be needed, please let us know. Sincerely, 1~~ ~ C. C. Melton District Rail Coordinator CCM/TLB/dm Attachment cc: Mr. R. D. Liggett, Chief Engineer of Communications & Signals, Seaboard System Railroad, Inc., w/attachment Mr. E. M. Salley, Administrator, Rail Operations, FOOT Mr. Keith Crawford, Traffic Engineer, City of Clearwater w/executed agreement ec", . .ltittl./[(() 0( ?/~) b ~ \ '" 1 , \ , . ~ PAGE I OF :5 STATE OF FL.ORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC TRANSPORTATION OPERATIONS RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY (Municipal) Contract No. (AC 187304) COUNTY SECTION RAIL. JOB NO, STATE ROAD NO. COUNTY NAME PARCEL. Be R!W JOB NO. F A P NO. 15 600 6922 Lakevi~~ Road} Pine11as 11 (2150 ) RRS-OOOS (131) . gn- THIS AGREEMENT, made and entered into this __ day of M.A'I . 198~ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter c~lled. the ~EPARTMENT, and SEABOARD SYSTEM RAILROAD, INC., a corporation of Virginia, wIth Its pnn<.:ipal place of business in the City of Jaeksonville, County of Duval, Slate of Florida, hereinafter called the COMPANY; and ClEARWATER ' a municipal corporation, hereinafter called the CITY. WITNESSETH: WlIEREAS, the DEPART~IENT is constructing, reconstructing or otherwise changing a portion of the State Highway System, designated by the DEPARTJ\IENT as Job No. 15600-6922 , between State Road 595 (Harrison Avenue) and Myrtle Avenne , which crosses at grade the right-of-way and tracks of the CO~IPA:\'Y'S ",lilepost ARE-882. 67 ,at or near Clearwater. One Number 626647-E , FDOT / AAR Crossing Florida as shown on DEPARTMENT'S Plan Sheet No. part hereof; and , attached hereto as a WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal Aid Highway Program Manual, Volume 1, Chapter 4, Section 3 ~F.HPM 1-4-3), as amended, and Federal Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 1 (FHPl\l 6-6-2-1), as amended, and DEPART~IENT'S Rule 14-46.02, Florida Administrative Code, as amended. NOW, THEREFORE, 111 consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: A. The CO~IPANY shall: 1. Install by its own forces, with supervision and approval of the DEPAR Tl\lENT, at an estimated cost of $66 . 700.00 , itemization of which IS attached hereto, automatic railroad grade eross1l1g traffic control devices, hereinafter called "Devices", at said location, in accordance with (1) the attached detailed statement of the work, plans and specifications; (2) the DEPARTME:\'T'S Plans and Standards Index Number 17882, and (3) FlIPM 1-4,3 and FHPM 6-6-2-1, or Rule 14-46.02, all of which by reference ~re made a part hereof. 1 \ PAGE 2 OF 3 2. Provide proteelive scrVIces HI accordance with U. S. Department of Transportation Manual of Uniform Traffic Control Devices during the performance of the work, as indicated in the attached plans and specifications, the cost of which is included in the attached cost estimate. 3. Render the DEPARTMENT a final bill, in accordance with applicable Federal or State regulations, within one hundred eighty (180) days from the completion date of the project, for all actual reimbursable identified charges including credits for salvage or betterments, if any, attributable to the project; and itemize all substantial charges in a form comparable to the charges contained in the cost estimate. 4. Operate and maintain said devices and perform any adjustment, rclocation or replacement of said devices; the cost therefor shall be assumed or apportioned ill accordance with Paragraph C. below. 13, The DEPARTMENT shall: 1. Promptly reimburse the CO~lPANY for all aelual costs attributable to the project, pursuant to Paragraph A.1., as billed by the CO~lPANY, pursuant to Paragraph A.3. C. The PARTIES agree: 1. That the cost for the operation and maintenance of the devices by the COMPANY shall be shared as follows: (a) Fifty percent (50%) shall be borne by the CITY and fifty percent (50%) shall be borne by the COMPANY, in accordance with the attached Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices, subject to future revision. 2. The cost of any adjustment, relocation or replacement of said devices shall be assumed by the party initiating such action, unless otherwise provided for in this contract, existing contracts between the parties, or in existing contracts between one of the parties and a third party. 3. To the extent authorized by law, each party does hereby inderrnify and hold harmless each other fran all liability, claims and judgments (including attorney's fees) arising out of 'iNOTk undertaken by any such party pursuant to this agreement, due to the negligent acts or anissions of their contractors, subcon- tractors, employees, agents or representatives, respectively, except as otherwise covered by bonds or insULance. This provision is a reciprocal covenant and in the event any portion hereof is found by a court of canpetent jULisdiction to be unenforceable, then this entire Article C. 3. shall thereafter be unenforceable in all respect. I \ PAGE 3 OF 3 "L Any provIsIOn contained in any existing contract relating to said crossing, whether between the parties hereto and! or third parties, shall be, and docs, remain in full foree and effect, except as otherwise provided herein. 5. Upon execution of this agreement by all parties, agreement dated May 9, 1960 will be tenninated. 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 DEPART?\IENT- T lJ (SEAL) BY: ATTEST: RAILROAD, INC. BY: ~ .. "l<nJ:;~ ASJfSlanl Secretary (SEAL) ATTEST: A ~..cO~ . ) Examined and Approved: ---- - '" Approved as to . ' Approved as toF(!r~: Leg;lity and Execution STATE OF FLORIDA DEPARTl\IENT OF TR:\:\SPORTATlON Date Assistant Attorney i?tJ l ~A\.~ -8 ~..../ r;;.. 9ivision Administrator -r ""'Federal Highway Administration BY: ~ .F'U.~..~ r.~)~.~-A...... VAl CABt.t ;C>,}Jr',\uVED - Fl~. AP,L( 28 1986 ---' . I \ CITY CLERK , " RES Q L U ~ ION No. 86 - 23 ( A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO . , EXECUTE AN AGREEMENT WITH STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION AND SEABOARD SYSTEM RAIL- ROAD, INC., FOR THE INSTALLATION AND MAINTENANCE OF TRAFFIC CONTROL DEVICES ON A PORTION OF RAILROAD RIGHT-OF-WAY WITHIN THE CITY, ON LAKEVIEW ROAD WEST OF MYRTLE AVENUE. " . WHEREAS, the State of Florida Department of Transportntion is reconstructing or otherwise changing a portion of the State Highway I System, between State Road 595 ana My~tle Avenue, whicrl shall call for the installation and maintenance of traffic control devices for railroad grade crossings; and WHEREAS, an appropriate agreement between the State of Florida Department of Transportation, the Seaboard System Railroad, Inc., r I to effect the installation and maintenance of traffic control devices on Lakeview Road West of Myrtle Avenue, within the City; I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Mayor ahd City Clerk are hereby authorized and empowered to execute the agreement with the State or Florida Depart- ment of Transportation and Seaboard System Railroad, Inc., a copy of which is attached hereto as Exhibit A, for the purpose of 1 , FORM 841-37 01/85 PAGE 1 OF 1 , . STATE OF Fl-ORIDA DEPARTM&:NT OF TRANSPORTATION ~IYISIONO...PUBLIC.TRANSf"ORTATION OPERATIONS RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES COUNTY SECTION RAIL JOe NO. STATE ROAD NO. COUNTY NAME PARCEL Be R/W JOB NO. 15 600 6922 (Lakeview Road) Pine lIas 11 (2150) AGENCY SEABOARD SYSTEM RAlLROAD, INe. A. JOB DESCRIPTION & LOCATION: B. TYPE OF ROADWAY FACILITY: C. FDOT/AAR XING NO.: 626647-E Railroad Grade Crossing Improvement 4-1ane, mdi vided, rural RR MILE POST TIE: III ARE-882.67 17882 D. TYPE SIGNALS PROPOSED: IV CLASS INDEX: SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost ExClusive of Installation CLASS DESCRIPTION I Flashing Signals - One Track II Flashing Signals - Multiple Tracks III Flashing Signals and Gates - One Track IV Flashing Signals and Gates - Multiple Tracks *Effective February 3, 1971 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: February 3, 1971 GENERAL AUTHORITY: SPECIFIC LAW IMPLEMENTED: 334.044 F.S. 335.141 F.S. FA P NO. RRS-OOOS (131) COST* $ 650.00 $ 860.00 $ 980.00 $1,230.00 TO: , . 'Florida DOT .::ltAIUAfW SYSTEM RJ\ILRUADCOMPANY , Estfmated' Cost To Modify automatic 'highway , , ...~ .' crossing flashing light signals by including cantilever assemblies, gates and bells Location: T rlrgn Project Reference: 15600-6922 County: Pinellas State: Florida. Crossing Inv. No.: 626647E Route: Lakeview Road RR M.P.: ARE-882.67 Val. Sec.: Railroad Division: Tampa Accoun t No. 709 - 187304 SUMMARY OF ESTIMATE Material Cost $35,300. Sales Tax 1,765. Handling Total Material Cost Credit for Released Material Net Material Cost 1,765. / $38,830. 700. ./ $38,130. Engineering & Supervision 1,500. Plus Composite Additive 887. Total Engineering & Supervision Construction Labor // 2,387. 12,090. Plus Composite Additive 6,599. Total Construction Labor 18,689. / Supplemental Annuity on Labor Travel Allowance & Lodging Transportation of Material to Project Site Transportation of Equipment to Project Site Equipment Rental Estimated Material & Labor Cost 96. 2,000. 470. 120. 1,632. . $63,524. Contingencies (Trav. Exp. Elect. Serv.. Etc.) 3,176. Total Estimated Cost / $66,700. Communications & Signals Department Jacksonville. Fla.. Date: 11-5-85 - cvs I , ,0' SEABOARD SYSTEM RAILROAD TO: Florida DOT Estimated Cost To Modify alltomt'lt;~ h;ghlA/;:ly crossing flashing light signals by including cantilever assemblies, gates and bells Location: Largo County: Pinellas State: Florida Project Reference: 15600-6922 Crossing Inv. No. 626647E Route: Lakeview Road RR M.P. ARE-882.67 Val. Sec.: ESTIMATE OF SIGNAL MATERIAL 1 - .Lot Control Equipment, including cases, overlay track devices, relays, rectifiers, lightning protective devices, etc. $ 9,949. 1 - Lot Field Materials, including foundations, pipe, cables, battery, etc. 8,435. 2 - Signal Assembly, complete with 27 Ft. cantilever arm and 8 lamp units 9,760. 2 - Gate Assembly, complete with 31 Ft. arm and 2 lamp units on mast 7,156. MATERIAL COST $35,300. ./' ESTIMATE OF RELEASED SIGNAL MATERIAL 1 - Lot Control Equipment, including cases, relays, rectifiers, lightning protective devices, etc. $ 545. 1 - Lot Field Materials, including foundations, battery, etc. 155. 2 - Signal Assembly, complete with 4 lamp units (SCRAP) MATERIAL CREDIT $ 700. ,/ .' , Communications & Signals Department Jacksonville, Fla. Date: 11-5-85 - cvs , .. .~ .,. , .... ., --........ II I ... ~ tr)'" C'{1t o 0 oo~1: ~ N '" U II ~~ j,. \ d- 0..... I- .l~cilJ ~~~! ~)(I- ~ \III ~ ~ ,... \&I << .. \!1rt ~a:: ~ If) .. ~ " !o - \ ~ \ \ } ~ h II II II II .. ~ II P1 ------- WII ~ d 1111 ....11 a:: <lll "1'\11 3= ~I II W II - - ------ II ------ > II W .- ~ II II <( II .....J ~ ~I,).I ~l o~g CO\.4\lT'1: PlNELI.. A~ SEe.. T/O N: l,sG. 00 -cO S:z.~ F: A. 'P. No: R1\ s- 000 $ (,1'3 I) )CING.. NO: <D~~~?-E ~'R..tf\.P. :A'RE- SS%.. (47 ~014 TE.: LA~E. V I E W l't\). LOC.AT/oN: L.A~G 0 J J:1.. 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