RAILROAD REIMBURSEMENT AGREEMENT - SR-S595 &-595 - PIERCE STREET
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Deparfment of Transportation
Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304
REUBIN 0'0. ASKEW
GOVERNOR
TOM WEBB, JR.
SECRETARY
Division of Road Operations
May 26, 1978
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JUN 2 1978
Mr. T. B. Hutclleson, Assistaat 'fee Prestdent
Seaboard Coast Line Ranroad Co.pany
500 Water Street
Jacksonville, Florida 32202
Oar Sir:
Traffic Engineering Dept.
Section 15000-6916. State Road (Pierce St.)
PinelllS Coaty, Parcel 1 (R/V SIGW)
Crossfng ......,.: 626807-R
FAP NuIIber: RRO-OOOS(6)
SCL Fne: 44302-E
SCl MP: 5'-874.70
We are enclostng ODe (1) fully uecuted Igr..ant dated March 2.
1978. inVOlVing JOUr ec.pany ud coverillg the installation of grade croSSing
traffic control devfces est,.teeS It $36,600.00.
Tile -=losed ~ts bay. ... Ipproved by the Department and you
Illy consider this notic. as your nthorfzatfOll to proceed with the wrk under
the direction of our District Engineer. Please exteJld advuc:e notification of
wert by Raflroad forces to our District Utilit, Eag,.....
The tlIOrk under this eoatrlet shall be perlolWld fn accordance with
the provisions of tile Federal H1,..., Adlt1nfstration I s Fede... l-A id Progrlll
Manul Vol.- 1, C..,ter 4, Sectf.. 3, _lor Volume 6, Chapter 6, Section 2,
as required. Sbould addfti...l infONltfon or _ting with Department representatives
be needed, please let us know.
Sincerely yours,
E. M. Salley, P. E.
State Utility Engineer
EMS/bsaI
~ct.osure: 3 conformed copies and 5 plln sheets
~r. Keith Crawford., Trafffc Engineer, Cfty of Clearwater
Mr. R. D. Liggett, Chi.f Engineer, C~. & Signals - SCL
Mr. C. W. Monts De Oc:e, District Engineer
AttentiOll: District Utl1ity Engineer, ./2 ag.....nt copies
COIIptroller
Attention: Budget Off1ce, ./1 Igreenaent copy
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STAt OF FL.ORIDA DEP~RTME. NT.OF TRANSPORTATtN
DIVISION OF ROAn OPERATIONS
RA ROAD REIMBURf.fMENT AGREEMENT
GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal)
IL_
,PAGE' "F5
OUNTY SECTION UTIL.ITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL. & R/W JOB NO.
F A P NO.
15'
000
6916
Pierce St.
Pinellas
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RRO-OOOS 6
THIS AGREEMENT, made and entered into this r""^- date of ~ , 197L,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the DEPARTMENT, and
SEAB9A.-m COAST LINE RAILROAD COMPANY , a
corporation organized and existing under the laws of Virginia
with its principal place of business in the City of Jacksonvt 11 fJ
County of
City of
Duva 1
Clearwater
, State of Florida . 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 D EP AR TMENT as Job No. lS0oo-6916
between SR-S-S9S and SR....595 ,which crosses at grade the right of way and
track(s) of the COMPANY at a point 3,6g6 feet !;outh from the COMPANY'S Mile Post
SY-R74 , at or near Clearwater ' 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 ~attached hereto and by reference made
a part hereof. 17882
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,
X~(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,
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FORM 722-40
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PAGE 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 $ 36,600.00 . 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
Administration.
5. The installation and/or adjustment of the COMPANY'S facility as planned (lOdtwill 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.
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7. It is spec!ifically 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.
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B. It is iurther ~crreed that the cost of all installations and/or adjustments made during this
installation work shall be borne by theCO!\lPAl'\Y, subject only to the DEPARTi\1ENT bearing such
portion of this cost as represents the cost of inst~llation 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 cO:\lPANY shall, within one hundred twenty (120)
days, furnish the DEPARTr\1ENTwith two (2) copies of its final and complete billing of aU 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, transportatioIl, equipment, material and supplies, handling costs and other
services shall be shown in such a manner as'\'r'ill permit ready comparison with the approved pla,is and
estimates. :MateriaJs shall he 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 hillsin
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 hilled expense was incurred; the date on which the last work was performed
or the last item of hilled expense was incurred; a!ld the location where the re,cords and accounts billed
can he audited. Adequate reference shall he made in the billing to the CO~IPAI'iY'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 DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The
DEPART~lENT shall retain ten per cent from any progress payment.
10. Upon installation of said protective devices 50 percent of the expense
thereof in keeping same in a good and safe condition will be borne by the City .~
and 50 percent shall be borne by the Company, as enumerated by the Schedule of -1?K
Annual Cost of Automatic Highway Grade Crossing Protective Devices attached
hereto and by this reference made a part hereof, such Schedule being subject to
future review and modification.
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11. After said automatic crossing signals and/or other protective devices have ~
been installed and/or aelJ'sted and found to be in satisfactory working order by the ...
parties hereto, the same shall be irrnnediately put into service, operateel and main-
tained 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 betl.;een 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 ?r adjustment of said
protective devices shall be perfonned by the Company, but at the expense of the
party initiating such relocation. Upon relocation the maintenance responsibilities
shall be in accordance with the provisions of this agreement.
12. The COi\IPANY expressly agrees to indeml1ify and hold harmless the DEPART~IENT
a(Tain:-,1 ('aeh and every claim, demand or eau~c of action that may he 111<1l11' or come against the
l~EP\I:T:\IE;\T 11\, n',:sol1 of or any way arising oul of allY defed. imJlc...feclion, failure 10 rqJair. or
failure 10 ma illlai;l, dOlle, SIl ffered, or pnmi rtl'd in or <l I 1011 L slwh prol('cl ivl' devices, and a Iso e\'ny
claim, demand or e<lll:-'e of arlion against said IJEPART~IENT by [('aSOIl of allY liabilily lhaL is or Illay
IJe imposed (In Ihe DEPART\IE:'\T ullder Ihe laws of Ihis Slale Iwcau:-,c of ils parlicipalioll ill tIll' eosl
of such Illailllcnalwe govenwd in Paragraph 10 (h) ahove, Oil accolllIl of any slIch defect, illlperfl,ctioll.
or failure to fl'pair Of mailllaill, dOlII' suffc[('d, or pCfmitlt'd in or aboul said erossing Of crossin~
proteelive devil'I's, or ulI account of allY actioll or omission on Ihe parI of Ilw CO~IPANY inor about
the Sa)l1f~.
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I:t Tlw CO\IP":,\)' COH~lIants 10 illdcmllify, defend. save harmless and I~XUIH'l"ale Ihe
DEPAltT;\IENT of ami from a\l lialJilily, e1aims alld dcmalld~ arising out of work ulldnlakt'll bylhc
CO~lPANY pursuant to this ab'Te(,lllellt, dll!' 10 tile Iwgligt'nl adiolls. dday or olllissiollS dOllc or
'tt I 1 . II ('(.)'11' \:\1:: ". I'I~ ~111)('(llllr'ldors ellllllo\'!'I';: aU('llls or [('Ilf('s('lIlati\'cs; exc('pting,
conllnl el 1\ Il~, I' .' I' I, ,." . , .. . " .' r
however, aJl\~ loss, daJllagl~ or injtlry arisillg oul of or caused IJY Ihl' IIcgligl'nt actions, ddays or
. omissions d:lIlf~ or cOJllluilll'd hy the I>EPART;\1ENT, ils suIH.:onlractors, employees, agellts or
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RESOLUTION
No. 78 - 49
A RESOLUTION REPEALING RESOLUTION NO.
76-91 PASSED BY THE CITY COMMISSION ON
AUGUST 1, 1976; AUTHORIZING EXECUTION OF A
RAILROAD REIMBURSEMENT AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPOR TA TION
FOR INSTALLATION AND FUTURE RESPONSIBILITY
OF GRADE CROSSING PROTECTIVE DEVICES ON
PIERCE STREET IN THE CITY OF CLEARWATER,
FLORIDA.
WHEREAS, the City Commission on August 1, 1976, passed Resolution
No. 76-91, which authorized execution of a railroad reimbursement agreement
with Florida Department of Transportation for installation and future
responsibility of grade crossing protective devices on Pierce Street which
included an agreement by the City to provide ten per cent of the cost of the
project, which cost has now been taken over by the Florida Department of
Transportation and should not be included in. said resolution; and
WHEREAS, the City of Clearwater has been informed that the Florida
Department of Transportation has receiveq Federal funds under Section 230
of the 1973 Federal Highway Act that w.ill permit certain intersection
improvements in the City of Clearwater; and
WHEREAS, the Pierce Street railroad crossing is scheduled to be
provided with cantilevered flashing lights and gates at an estimated cost
of $41, 000; and
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WHEREAS, the City would be required to pay an annual maintenance
fee after installation thereof; and
WHEREAS, the City feels it to be in the best interest and welfare of
its citizens that the Florida Department of Transportation be requested to
approve the installation of such railroad cors sing signals and gates on a
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priority basis on Pierce Street;
NOW, THEREFORE. BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEAR WATER, FLORIDA,
IN SESSION REGULARLY AND DULY ASSEMBLED, AS
FOLLOWS:
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1. That Resolution No. 76-91 passed by the City Commis.sion em
August 1, 1976, is hereby repealed in its entirety.
2. That the City of Clearwater hereby officially requests the Florida
DepartInent of Transportation to approve the use of Federal funds received
under Section 230 of the 1973 Federal Highway Act for the installation on a
priority basis of cantilevered flashing lights and gates at the railroad cros sing
on Pierce Street in the City of Clearwater, Florida.
3. That the City of Clearwater hereby agrees to pay an annual
maintenance fee after installation thereof.
4. That the appropriate officials of the City are hereby authorized
to execute and deliver any agreement required by the Florida DepartInent
of Transportation to implement this project.
5. That a certified copy of this Resolution be forwarded forthwith
to the Florida Department of Transportation, Bartow, Florida.
PASSED AND ADOPTED this
20th
day of April, A. D. 1978.
/5/ Charles F. LeCher
Mayor- Commis s ioner
Attest:
/5/ R. G. Whitehead
City ~lerk
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r. R. G. Whitehead, duly appointed City Clerk of the City of
Clearwater, Florida, certify the foregoing to be a true and correct
copy of Resolution No. 78-49
adopted by the City Commis s ion on
. the
20th day of
April
,A. D. 1978.
Witness my hand and the seal of the City of Clearwater,
this
21 st
day of
April
, A. D. 1978.
/:--~
4?!i~/
City Clerk
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~iE^1l0^H)) (;cMST' LINE' RAI'l.RnAn CmfPANY
"fC:: FlOl'Ldd DE-'l'JrtJW:.'llt 01 Tr1.ns]xx'ta.tion.
ho1ect Ref. lSOOU-G'JIG TAP No. RHO-.OOOS(f?).
Lo.cation: Clean'later, Fla.
~~rL IUle Post; SY-B7ll.70
Route: ~';tate Pcytd (Pierce Stn~et)
Description: Installation combination
1
C t. Pirrellas
.oun y:
Drawinv 1\0.
Cros~in~ lnv. No.
signals and gates.
626807-R
.1::9 tima ted__C os t
Haterial Cost
18,790
Sales Tax
752
Handling
9lW
Transportation to Project
80
Total Material Cost
20,562
rredit for Released Material
Enr,ineerinr,
20,562
950
517
1,467
5,750
3,170
'3,920
100
1,8LW
120
800
Net Material Cost
Plus Composite Additive
Total F.np,ineerin~
Construction Lahar
Plus Composite Additive
Total Construction Labor
Supplemental Annuity on Labor
Meal Allowance and I.od~in~
Transportation of Equipment to Pr01ect
V~uipment Rental
Traffic Control Devices (Construction)
fstimated Material and Labor Cost
34,809
Con ti n~enc ies
1,791
TOTAL ES TUfA TED cas T
36,500
Railroad Portion
Outside Party Estimated Cost
3r) ,600
Office of Chief Enp.ineer Communications nnd Si~nals
.lackRonville, Fla. Oate: 1-1'3--78 0:1I1
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SLBOARD COAST ~INL ~LRQt\D COHPAll
To: Florida ~parbnent of Transportation.
Project: 15000-5916, State Road (Pierce St.)
County: Pinellas, Crossing Humber: 62G807-P.
LOc,ltl"n: Clci1r...'i.lt<.:~r, fla.
Description: Install canbination signals and gates.
Estimate of Signal Material and Cost
2 - Combination signal and gate assembly Hith 27 ft. gate arm
front and back lights, bell and foundation.
$6,650
1 - Instrument Case containing apparatus for operating
signals and gates.
6,701
1 - Battery Box containing stancfuy batteries for operating
si~'}1als and gates.
1,738
Lot - Underground Cable, multiple conductor.
1,545
I - Power Service Assembly
230
12 - Lengths 3" Pipe for cable runs under roadway and tracks.
522
If - Bootleg::::, for attaching track cable to rail.
Sit
Lot - Case, transmitter, etc. at Cleveland St. for southwdl'd
start circuit.
850
Lot - Additional Equipment at Court St. for northward start
circuit.
500
Total Estimated Cost of ~Bterial
$18,790
Office of Chief Engineer Corrununications and Signal::.;
Jacksonville, Fla., January 1'3, 1978 a.JH
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RAILROAD CROSSI'NG MAP
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