RAILROAD REIMBURSEMENT AGREEMENT & ADDENDUM - DRUID ROAD
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Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304
REUBIN O'D. ASKEW
GOVERNOR
TOM WEBB, JR.
SECRETARY
Division of Road Operations
March 21, 1977
Mr. T.B. Hutcheson, Assistant Vice President
Seaboard Coast Line Railroad Company
500 Water Street
Jacksonville, Florida 32202
Dear Sir:
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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
SCL File: 51-0-Fla.(Clearwater)-E
FHWA NUlber: SRS-OOOS(13)
We are enclosing one (1) fully executed agreement dated
March 9, 1977 involving your Conpany 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 Aa.inistration's Federal-Aid Program
Manual Volume 1, Chapter 4, Section 3, and/or VolUlle 6, Chapter 6, Section 2,
as required. This authorization is retroactive to the date of the Division
Administrator's approval.
Sincerely yours,
E. M. Sa 11 ey, P. E.
State Utility Engineer
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Enclosure: 3 conformed copies and 5 prints of sheet 1
~ ~~~. Max G. Battle, Clearwater City Engineer & Dir. of Public Wks, W/agrnt
/ ..-' ,- Mr. R. D. Liggett, Chief Engineer & COIIII. & Signals - SCL
Mr. B. B. Vaughan, Superintendent - SCL
Mr. C. W. Monts De Oca, District Engineer ~~
Attention: District utility Engineer, w/2 Agreement copi
" v Comptroller, wl1 Agr_nt copy ~~
4".Federal Aid PrograMs Manager ~ater ~,. l~
,', Division AdIII1nfstrator, FHWA ,'",m i: :~ _~- e€nn~___
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FORM 722-40 ST _IE OF FL.ORIDA DEP~~TMEN'~','OF TRANSPORTA! N
1-74 T DIVISION OF ROAD OPERATIONS
PAGE,' OF 5 RAilROAD REIMBURSEMENT AGREEM T
GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal)
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COU}.TY SECTION UTIL.ITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL. Be R!W JOB NO.
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~4 THIS AGREEMENT, made and entered into this q~ date of mlll1d.. ,197.1-,
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 Cm'PA~Y
F A P NO,
GlJng
Druid !1d.
?inellas
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(SIGG)
S!(S .')t)I)S (I 3)
,a
corporation organized and existing under the laws of
with its principal place of business in the City of
'Juva1
Virqinia
,lacksonvi 11 e
County of
City of C1 ~an'/ater
, State of F1 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 f3 ,which crosses at grade the right of way and
track(s) of the COMPANY at aq))oiaxlx ~k ~~ the COMPANY'S Mile Post
&1-375.25 ,at or near r.lcarvmter , 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,
~(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 7ZZ-40 I
PAG.E Z 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
Administration.
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. Alllahor, 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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FORM 722-40 I.
PAGE'3 OF 5
7. It is sperifically 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 plans 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 DEPARTMENT 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
FORM 722-40
1
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PAGE 4 OF 5
1
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 l\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 allliability~ 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
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representatives, \':hich loss, dar.liH12 Ol~ 'in,iunr shi;ll De born~ by the
DEP!\fUi1EilT except as othcn'li se covercd by Londs or i nsurc:lncc.
14. It is aqreed Lehren.n the parties hereto th;)t the cost ofinstL1l11ri'1
automatic protective devices at said crossina be horne jointly b~tween
the CITY 2!1d the D~?~;-:r1F.::n \.:ith the CITY resf/)ns-ibl:: for ten f"::1' c2nt
(1 O:~) of the ilctua 1 cost. The CITY urcn e):~cut i on of th is ag rc: 2;"c:n t s i lJ n
furnish to the0EP/\RT~iENT as advance oavnent a ner"lotiable VOLJchc:~' I1ilGe [1,>/-
able to the D[~iJ.miE:lT for ten per cent (iG;;) of th~ esti~ated cost con'-
tained in paraGraph 4 <:,ool/e. Should thp. final cost bo less thJn E:stiildt':'d
cost, refund to the CITY shall be r;lade. Should the final cost be fjfe;;t::,' tr::::n
the amount previouslY oaid by the CITY, the CITY shall, upo~ receipt of bill-
ing, pay to the OEP!\RT!lErlTthe balance dU'2 pursuant to parugr'dD!l 9 hereof.
Paragraph 14 added prior to execution by parties hereto.
IN WIT~ESS WHEREOF, the Darties hereto have caused these oresent to
be executed by their duly authorized officers, and their official seals
hereto affixed, the day and year first abJve written.
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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
STAT],: 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'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 the 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 ~iR. day of ~ , A. D., 1977.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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As to the Depart.~ - . ~ Attest:
WITNESSES: f-vJ SEABOARD COAS
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As to the Company J
LINE RAILROAD COMPANY
-By
Attest:
H. W.
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WITNESSES:
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As to the City
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Attest:
CLEARW A TERp FLORIDA
By
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City Clerk
Countersigned: ~.~~
Mayor -Commis . ner
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sL ~T ~ ~~~AD CXM'mI
To: Florida tepart:nent of Transportation
Project Ref. 15000-6909 County: Pinellas
lDcation: C1ea..Y'Vlater, n2..
SCL Miie Post: SY-875.25
Route: Druid Road Crossing Inv. No. 626797
I2scription: 7!1stall f1;:;p,rdng light sigr.als (cantilever type) and gates
(Type IV, Class IV signal facility>.
Estimated Material
~....mary power (AC) equipment and accessories
Sea:mdary pckler (OC) batteries and housing
300
Control equiprrent and housing
1,713
9,762
2 - Gate assemblies, 31' ~
5,400
5,575
2 - Signal asserrblies, cantilevers 28' span
Lot - Underground cable 2,157
Precast footings a.'1d other concrete material 797
3" conduit 213
lDt - Track material - Bonds, track material, insulated joints, etc 660
Misc. 223
Tbtal $26,800
Office of Olief Engineer Cornmmications and Signals
Jacksonville, Fla. Date: September 8, 1976 - RMP
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S~ARD COAST ~NE RAILroAD COMP~
To: norida repartJIent of T!'ansportation
Project Ref. 15000-6909
lDcation: Clearwater, fla.
SCL MilePost: 8Y-875.25
Route: Druid PDad Crcssing Inv. No. 626797
rescription: Install flashing light signals (cantilever type) and gates
('!YPe IV, Class IV signal facility).
Estimated Cost
Material Cost 26 ,800
Sales Tax 1,072
Handling 1,340
Transportation to Project 118
Total Material Cost 29 ,330
Credit for Released Material
Net Material Cost
Engineer....r.g
Plus CoiIp)si te Addi. ti \Ie
Total Engineering
Construction Labor
Plus C'.aIrg;>06i te Addi. ti ve
'Ibtal Construction Labor
Supplemental Annuity 00 Labor
Travel Allowance and IDdging
Transportation of Equipnent to Project
Equipment Rental
Traffic Caltrol I:evices (Construction
Estimated Material and Labor Cost
Contingencies
TOTAL ESTIMATED CDST
Rail..""Oad Portion
Outside Party Estimated Cost
Office of Chief Engineer Conmunications and Signals
Jacksonville, Fla. Date: September 8, 1976 - RMF
$45 ,.850
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FORM 722-48
1-74
PAGE 1 OF 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
RAILROAD GRADE CROSSING PROTECTIVE DEVICES
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL Be RjW JOB 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: Ra i 1 road signa 1 improvement
B.
C.
TYPE OF ROADWAY FACILITY:
626797 -M
2 lane urban
FDOT/ AAR XING NO.:
RR MILE POST TIE:
ARE-875.25
GRR-Ol
D.
TYPE CROSSING PROPOSED: NONE INDEX:
CLASSIFICATION CROSSING PROTECTIVEDEVICES: CLASS IV
E.
TYPE
IV
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING PROTECTIVE DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
I Flashing Signals - One Track $ 650.00
II Flashing Signals - Multiple Tracks $ 860.00
III Flashing Signals and Gates - One Track $ 980.00
IV Flashing Signals and Gates - Multiple Tracks $1,230.00
*Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Protective Devices.
EFFECTIVE DATE:
February 3, 1971
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
20.05, F.S.
338.21, F.S.
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RAILROAD CROSSING MAP
IN FILE