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RAILROAD REIMBURSEMENT AGREEMENT & ADDENDUM PERTAINING TO CROSSING TO BE LOCATED BETWEEN S.R. 595 AND S-595-B , . , Transportation ~.!,", ... Department of Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304 REUBIN 0'0. ASKEW GOVERNOR TOM WEBB, JR. SECRETARY Division of Road Operations March 21,1977 Mr. T.8. Hutcheson ~ Assistant Vice President Seaboard Coast Line Railroad Co.pany 500 Water Street Jacksonville, Florida 32202 Dear Sir: . ~::-dX,~1 ~;E~:;ART?;ljE:j'f ..'..'.' r7." :."~ (I ~@" 1\:'>," 1- .,..~ I" , n p F-"J 'C:~ \.J 0; II '.. '-'1 , ,;) 977 ! ,:, \2, MAR ~~ '11 I "'" ~,(t\ ~h:t;) 0,,~, G~~LL ~:~: ::', ':<~~,j l Section 15000-6909, State Road (Druid Rd.) Pinellas County, Parcel 1 (R/W SIGG) Crossing Number: 626797-M; R.R. M.P.: ARE-875.25 SeL File: 51-0-Fla.(Clearwater)-E FHWA Number: SRS-OOOS(13) We are enclosing one (1) fully executed agreement dated March 9, 1977 involving your Company and covering the installation of grade crossing warning devices estimated at $45,850.00. 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 District Engineer. Please extend advance notification of work by Railroad forces to our District Utility Engineer. 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, Chapter 6, Section 2, as required. This authorization is retroactive to the date of the Division Administrator's approval. Sincerely yours, ,~ f EMS/bsm ~ Enclosure: 3 conformed copies and 5 prints of sheet 1 ..., .~~. Max G. Battle, Clearwater City Engineer & Dir. of Public Wks, w/agr~nt / .J Mr. R. D. Liggett~ Chief Engineer & Comm. & Signals - SCL ~~..- Mr. B. B. Vaughan, Superintendent - SCL \r Mr. C. W. Monts De Dca, District Engineer ~~ Attention: District Utility Engineer, w/2 Agreement cop1 '-. ~, Cocnptro 11 er, wl1 Agreellent copy ~: - "Federal Aid Progra.s Manager ~~~t"r 'nJerin'~ Division Adlllinistrator, FHWA ' -'.B n (-.- -,' : ~:-:--:'''-' , J (), C ' J" 0 -"'. E. M. Salley, P. E. State Utility Engineer /'. -"). -. L~_~J: : 'u . ". r'7 'f .... _.'o_,l....... L_...! f'~ :<"1 .\...""',, c: <, ;,'-!JS (~:3 [J \_' rc _.. _I r"~:~ "'Or, -' ,. ~J ,=. f -~_ c ,1-/ ,(r ~..,'~' ,~'r ( .> =1' ________ li"';<'. .. --"-lll ~ ." FORM 7:!:!-40 ST _IE: OF FL,ORIDA .DE:. P~~TMEN~: OF TRANSPORTA!N 1-74 T DIVISION OF ROAD OPERATIONS PAGE'1 OF 5 ' RAILROAD REIMBURSEMENT AGREEM T GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY (Municipal) . " , ' SECTION UTIL.ITY JOB NO. STATE ROAD NO. COUNTY NAME PARCE:L, 8< R/W JOB NO. F A P NO. :J IJ '1 G9()<) '1ruid Rd. Pinellas 1 s~s .00% 13 "\P /' , S~S\ t.( ~H THIS AGREEMENT, made and entered into this q date of mAl1d.. ,1971-, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and SEABOARD COAST LINE RAILROAD Cry'PANY ,a corporation organized and existing under the laws of with its principal place of business in the City of V ired n; a lc'lcksonville County of 8uva 1 City of Cl ~arl;/ater . State of Fl or; ria hereinafter called the COMPANY; and the ,a municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, THE DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System, designated by the DEPARTMENT as Job No. between S . R. 595 and S ,595 r! ,which crosses at grade the right of way and track(s) of the COMPANY at ll<lOXliox!x fnk j~ the COMPANY'S Mile Post $l-375.25 , at or near r.learvlater , Florida as shown on DEPARTMENT'S Plan Sheet No. 1 attached hereto as a part hereof, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install automatic grade crossing signals and/or other protective devices at said location on an actual cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 1467 attached hereto and by reference made a part hereof. 2. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: _(a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, and Rule 014-46.02 "Responsibility for the Cost of Railroad/Highway Crossings," Florida Administrative Code, dated February 3, 1971, xx (b) Federal Highway Administration "Policy and Procedure Memorandum 30-3," Transmittal 218, dated October 26, 1971, and Federal Highway Administration "Policy and Procedure Memorandum 21.10," dated October 3, 1958, -----._- -111 FOR'" 722-40 ' , I PAG.E 2 OF 5., and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees 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 supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 3. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of the above indicated 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 within this agreement shall not be subject to payment by the DEPARTMENT. 4. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost thereof in the amount of $ 45,850.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT; the Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway Administra tion. 5. The installation and/or adjustment of the COMPANY'S facility as planned ~-will not) involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): -( a) % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (extended service life) and/or (nonreimbursable segments). _(b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. 6. All labor, services, materials and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items and force account items perfomed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. FORM 722-40 , J PAGE'3 OF 5 7. It is speofically 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 the above installation and/or adjustment work. 8. It is further agreed that the cost of all installations and/or adjustments made during this installation work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of installation and/or adjustment of the previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 9. Upon completion of the work the COMPANY shall, within one hundred twenty (120) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plaris and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last 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 D EP AR TMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The DEPARTMENT shall retain ten per cent from any progress payment. 10. Upon installation of said protective devices, the expense thereof in keeping same in a good and safe condition will: XX (a) immediately revert to the CITY and the CITY joins herein for the purpose hereof. _ (b) be'borne by the DEPARTMENT for a period not to exceed from the date of completion of the aforementioned project, but not to exceed the amount of fifty per cent (50%) of the cost enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Protective Devices attached hereto and by this I .', FORM 722-40 , J PAGE 4 OF 5 reference made a part hereof. At the conclusion of said time period, such maintenance of the crossing and expense thereof will be transferred to and assumed by the CITY and the CITY joins herein for the purpose hereof. The CITY agrees to notify the COMPANY in writing at least thirty (30) days prior to expiration of maintenance by the DEPARTMENT. IT BEING EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option and upon proper notification, perform such periodic maintenance work as required and bill either the DEPARTMENT or the CITY, whichever is applicable under the foregoing paragraph, for costs thus incurred. 11. After said automatic crossing signals and/or other protective devices have been installed and/ or adjusted and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or their successors or assigns shall operate the automatic grade crossing signals and/or other protective devices, or until it is agreed between the parties hereto that the signals are no longer necessary at said grade crossing, or until the said crossing is abandoned, or other legal requirements made which shall cease operation and maintenance of signals thereat. The COMPANY agrees that any future relocation or adjustment of said protective devices shall be performed by the COMPANY with the DEP AR TMENT or the CITY, whichever is applicable at the time as governed in Paragraph 10 above, responsible for such cost as specified at that future date. The COMPANY further agrees to assume full responsibility for the continued operation and maintenance of such devices once they are placed in service. 12. The COMPANY expressly agrees to indemnify and hold harmless the DEPARTMENT against each and every claim, demand or cause of action that may be made or come against the DEPARTMENT by reason of or any way arising out of any defect, imperfection, failure to repair, or failure to maintain, done, suffered, or permitted in or about such protective devices, and also every claim, demand or cause of action against said DEPARTMENT by reason of any liability that is or may be imposed on the DEPARTMENT under the laws of this State because of its participation in the cost of such maintenance governed in Paragraph 10 (b) above, on account of any such defect, imperfection, or failure to repair or maintain, done, suffered, or permitted in or about said crossing or crossing protective devices, or on account of any ~ction or omission on the part of the COMPANY in or about the same. 13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the DEPARTMENT of and from all liability.., claims and demands arising out'of work undertaken by the COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting, however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions done or committed by the DEPARTMENT, its subcontractors, employees, agents or .' , t' , t.'- -," Form Pa~lc S Of 5 , J representatives, \-:hich 10s::;, dar.1Cl'le Gl~ 'iniunr shi:11 Lc bnrn'2 by the DEP!\f~Ti1[jlT except as othcn/ise cO'/f:red L'.'( Lands or insllrilllce. 14. It is agreed Dehre<:n the oartie3 hereto th?lt the cost ofinstJll in'l autO:!1atic protective devices Clt said crossina be borne jointly bc:t'f!'::en the CITY 2nd the rr::?,~~:TE;rr \,:ith Vie CITY resr)ons'iLlf~ for ten [":'1' c2nt (10:n of the actual cost. The CITY upon executicJn of this aqrcc:'-'ent 5:1,'-11 furnish to the;JEP/,f(T:1C:ilT as advance OClV1'1ent a ne'lotiable vouch":r r::1Ge [1;'/- able to the m::~r.rnrlE:1T for ten per cent (10;;) of th~ C'sti~atod cost c()n~ ta;ned in par2ol'aph 4 (}bove. Should the final cost be less tfwn CStirldL':'ci cost, refund to the CITY shall be r.1ade. Should the; final cost be qre0t':.' t"n the o~ount pl~eviouslv D2id by the CITY, the CITY shall, UpO~l recc'ipt of :,il - ing, pay to the nEPf\RT!lE!lT the balance due pursuant. to pi:: rugr'dDh 9 h2l"Cof. Paragraph 14 added prior to execution by parties hereto. ~ IN WIT~ESS !lHEREOF, the oarties hereto have caused these Qresent to b~ execut~d by their duly authorized officers, and their official seals hereto affixed, the day and year first abJvc written. lJ'i , -:) 6ft B n> < n> n> cr CD "J C.II o - ~ ", = N ..... BY: / /J-r _~(S[h:) Sc:ct'etui"Y re -..;j D.O.T. F1SCAl:A,PPROvrb (cO',~ D r, ',': \' ) .... '\ 'I ,-" I 1 _C;Erill,)/\!1D~,)^ST L!~Lrt'\.U,2.:d__._ c9~ .~~~~~ As to the: COrLJ(I:iY "//(, L;!,t-~_c;-v /lL~ f1c~ As to the Ci ty Appro\",1 :\, to FcJrlll, I-"",Jiit\, .!lld FXCl'utioll S'LiT!. ur 11.01:!1),\ DEI',\J:T\I L:\T 0 I 'flU \::':1'(11: l'.\TIO:\ BY: __-R '. -:', ,l'iL-~. ,__.____.__ _____.__ ,~~t'''II\;:I'':\ " ':;':h_. ,:':_;.,:~J:"'~"""';-"!"""'," '.,- :~,:-;,_~- ~~_,_' t. '1",~, '..,>6 _ ;, . BY: . ftl,Q. _6~ .' -- ---..-----~r- --:-~----'~'-----:---..-,.--- h p\-"" , ' (Orl'" ".4 I. I e.., I ...... I" . l\l'l-_('S'I- " (- - 0,' \ r ~!:~,t-;.L.) ---~~-eC}~'2t';l)-'~~- ..------. "-_....~---_.- CL r :\'~"1:\ T~I~ , fLOf;I i)r" [f;:."J.,.A.~::__:; u:~.,~~, , I ADDENDUM IT IS AGREED that the following two paragraphs may be added to the RAILROAD REIMBURSEMENT AGREEMENT, GRADE CROSSING, PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY, between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, SEABOARD COAST LINE RAILROAD COMPANY, and the CITY OF CLEAR WATER, FLORIDA, pertaining to the crossing to be located between S. R. 595 and S-595-B, and otherwise known as Job No. 15000-6909: 1. It is understood by all parties to this agreement that paragraph 2 of the main agreement shall not be construed to impose upon the City of Clearwater maintenance work other than maintenance of the signal and gate equipment. 2. It is understood by all parties to this agreement that the cost of the type of maintenance referred to herein is to be borne jointly by the City of Clearwater and the Seaboard Coast Line Railroad Company, with the City of Clearwater I s share of such maintenance to be no more than fifty per cent (500/0) of the annual maintenance cost of the signal and gate equipment, as indicated on the attached schedule, subject to future cost adjustment as agreed upon by all parties to th.e main agreement. IN WITNESS WHEREOF, the parties her eto have caused this Addendum to be executed by their duly authorized officers, and their official seals hereto affixed, this rtR.. day of ~ , A. D., 1977. c ~E~SES: v-J ~ 1<7~ By ~\~~ As to the Depart b Attest: WITNESSES: f>>l SEABOARD COAS ~~_t2 ...)~~~ .~~ As to the Company 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Attest: H. W. LINE RAILROAD COMPANY -By .... -1- , ~ , WITNESSES: ~f~ r , ., /}?, /&~./ /?7 ~,. t!cJd As to the City I By Attest: FLORIDA 977 City Clerk Countersigned: ~~.~~ Mayor -Commls ner ..2- I .. ~ slAW OOAST IDE RAl;L!{)AD aJMP..J To: Florida Iepartmant of Transportation Project Ref. 15000-6909 County: Pinellas lDcation: C1ea.vvlater, Ua. SCL Mile Post: SY -875 . 25 P..oute: Druid road Crossing Inv. No. 626797 D=scri.ption: 7!1sta11 flashing ligl~t signals (cantilever type) and gates (Type IV, Class IV signal facility). Estimated Material ~...mary power (AC) equipment and accessories 300 Secondary power (OC) batteries and housing 1,713 Control equipnent and housing 9,762 2 - Signal asserrblies, cantilevers 28' span 5,400 2 - Gate assemblies, 31' arm 5,575 Lot - Underground cable 2,157 Precast footings a."1d other concrete ma:terial 797 3 " conduit 213 lot - Track material - Bonds, track material, insulated joints, etc 660 Misc. 223 Tbtal $26,800 Office of Ori.ef Engineer Cornmmications and Signals Jacksonville, Fla. Date: September 8, 1976 - RiP .. ',' SrJoARD COAST LINE FAILIDAD CDMPAIDI ..- To; Florida t.eparbrent of Transportation Project Ref. 15000-6909 Location: Clearwater, Fla. SCL MilePost: SY-875.25 Route: Druid Road Crcssing Inv. No. 626797 rescription: Install flashing light signals (cantilever type) and gates ('I}1pe IV, Class IV signal facility). Estimated Cost Material Cost 26,800 Sales Tax 1,072 Handling 1,340 Transportation to Proj eat 118 Total Material Cost 29 ,330 Credi. t for Released Material Net Material Cost Engine:e~...ng Plus COi1lpOsi te Addi ti \Ie Total Engineering Construction Labor Plus Carrp06i te Addi ti ve 'Ibtal Construction Labor Supplemmtal Annuity en Labor Travel Allowance and lDdging Transportation of Equipnent to Project Equipment Rental Traffic Centrol I2vices (Construction Estima:ted Material and Labor Cost Umtingencies TOTAL ESTIMATED CDST Rail.."'"Oad Portion Outside Party Estim3.ted Cost Office of Orief Engineer Conmunications and Signals Jacksonville, f1...a. Date: September 8, 1976 - RMF $45,.850 .. I I FORM 722-48 1-74 PAGE 1 OF 1 STATE OF FLORIDA DEPARTMBNT OF TRANSPORTATION DIVISION OF ROAD OPERATIONS RAILROAD GRADE CROSSING PROTECTIVE DEVICES COUNTY SECTION UTILITY Joe NO. STATE ROAD NO. COUNTY NAME PARCEL Be R/W Joe NO. FA P NO. 15 000 6909 Druid Road Pinellas 1 (SIG-G) SRS-OOOS (13) AGENCY SEABOARD COAST LINE RAILROAD COMPANY A. JOB DESCRIPTION: Railroad signal improvement B. C. TYPE OF ROADWAY FACILITY: 626797 -M 2 lane urban FDOT/AAR XING NO.: RR MILE POST TIE: ARE-875.25 D. TYPE CROSSING PROPOSED: NONE INDEX: CLASSIFICATION CROSSING PROTECTIVEDEVICES: CLASS IV GRR-Ol E. TYPE IV SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING PROTECTIVE DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* $ 650.00 $ 860.00 $ 980.00 $1,230.00 I Flashing Signals - One Track II Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks *Effective February 3, 1971 III IV AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02 Responsibility for the Cost of Automatic Highway Grade Crossing Protective Devices. EFFECTIVE DATE: GENERAL AUTHORITY: SPECIFIC LAW IMPLEMENTED: February 3, 1971 20.05, F.S. 338.21, F.S. J ! 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