RAILROAD REIMBURSEMENT AGREEMENT & ADDENDUM - PALMETTO STREET
March 29, 1977
Clearwater E~g
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Department of Transport
Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304
REUBIN 0'0. ASKEW
GOVERNOR
TOM WEBB, JR.
SECRETARY
Division of Road Operations
Mr. T. B. Hutcheson, Assistant Vice President
Seaboard Coast Line Railroad Company
50C Water Street
Jacksonville, Florida 32202
Dear Sir:
Other __,__,_ ___,______ ________,____________
File _____________________________________
Section 15000-6906, State Road (Palmetto Street)
Pinellas County, Parcel 1 (R/W SIGG)
Crossing Number: 626825-N; R.R. M.P.: SY-872.95
SCL File: 51-0-Fla.(Clearwater)-E
FHWA Number: SRS-000S(13)
We are enclosing one (1) fully executed agreement dated March 9,
1977, involving your Company and covering the installation of grade
crossing traffic control devices estimated at $43,600.00.
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 Highw~ Administration's Federal-Aid Program
Manual Volume 1, Chapter 4, Section 3, and/or Volume 6, Chapter 6, Section
2, as required. Should additional information or meeting with Department
representatives be needed, please let us know.
Sincerely yours,
E. M. Salley, P. E.
State Utility Engineer
EMS/rjt
Enclosure: 3 conformed copies and 5 prints of sheet 1
7cc: Mr. Max G. Battle, Clearwater Director of Public Works, w/agreement
Mr. R. D. Liggett, Chief Engineer Communications & Signals - SCL
Mr. B. B. Vaughan, Superintendent - SCL
Mr. C. W. Monts De Oca, District Engineer
Attention: District Utility Engineer, w/2 agreement copies
Comptroller, wll agreement copy
Federal Aid Programs Manager
Division Administrator, F.H.W.A.
CITY OF CLEARWATER
ENGIN f. ERING DEPARTMENT
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STAt OF FL.ORIDA D~PAR,T";'~NT OF TRANSPORTATtN
DIVISION OF ROAD OPERATIONS
RAILROAD REIMBURSEMENT AGREEME T
GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal)
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S'ECTION
UTIL.ITY JOB NO. STATE ROAD NO. COUNTY NAME
PARCEL. & R/W JOB NO.
F A P NO.
/000
fi9()6
Palmetto'S Pinellas
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S~S 0005(13)
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THIS AGREEMENT, made and entered into this "., date of /fJAIldf, ,197 L,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agenc,y of the State of Florida, hereinafter called the DEPARTMENT, and
SU\BrJARD COAST LI'IE R/ULROAD cni'lPA~-lY
, a
corporation organized and existing under the laws of V 1 r'1i n i a ,
with its principal place of business in the City of' C\ckson'lill C = ,
County of Juval _' State of Florida hereinafter called the COMPANY; and the
City of Cl ean/ater ,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. 1500l) .,GiDS ,
between l(inqs H\'iY. and Highland ,fJ,ve, ,which crosses at grade the right of way and
track(s) of the COMPANY atx<<~ xb% i--. the COMPANY'S Mile Post
SY-:172. 93, at or near Cl earwater , Florida as shown on DEPARTMENT'S Plan Sheet No.
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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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 $ 43,600.00 . 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 (l1M-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.
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FORM 7~2-40
PAGE 3 OF 5
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7. It is speeifically 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:
-29L (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 amou~t 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
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FORM 722-/10
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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 D EP AR TMENT.
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 DEPARTMENT
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 action 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, which loss, dama~e or lnJurv shall be borne by the
DEPf\Rn10lT except as othen.Ji se covered uybonds or 'j nSl1rdnce.
ltL It is agreed bet\'feen the parties hereto thAt the cost of installinq
automatic protective devices at said crossinq be borne jointly between
the CITY and the DEPART1E:n I-lith the CITY resr)onsible for ten p~r cent
(10::;) of the 2.ctual cost. The CITY upon execution of this agfceC!ent 5:IJ11
furnish to the I)EPI~RT:1ENT uS advance OilVl'lent a ner"lotiable vOLJcher' [-lade DClV-
able to the DCPi\RT1iGIT for ten per ce~t (lO~q of the estinated cost con~ '
tained in paraqraph 4 above. Should the final cost be less than estiDlated
cost, refund to the CITY shall be ~ade. Should the final cost be qrei'it~r' than
the amount previ ous lv paid by the CITY, the CITY sha 11, upon rece"j pc of bi 11-
ing, pay to the DEP/\RT!1Errr the balance due pursuant to parag.r'anh 9 hereof.
,Paragraph 14 added prior to execution by parties hereto.
IN WIT~ESS WHEREOF, the oarties hereto have caused these oresent to
be executed by their duly authorized officers. and their official seals
hereto affixe~. the day ~nd year first above written.
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DEI'AIiT\,Ei\T tH Tll,\ \:::\'Oll1.\TIO:,
BY:
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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 RESPONSIBILI TY, between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, SEABOARD
COAST LINE RAILROAD COMPANY, and the CITY OF CLEAR W ATE~
FLORIDA. pertaining to the crossing to be located between King's Highway
and Highland Avenue, and otherwise known as Job No. 15000-6906:
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
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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 t s share of such maintenance to be no more than fifty per cent
(50%) 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 hereto have caused this Addendum
to be executed by their duly authorized officers, and their official seals
hereto affixed, this _day of
, A. D., 1977.
Attest:
By
WITNESSES:
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As to the Company
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Attest:
H. W. MartensAssistant Sec
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As to the City
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CITY OF CLEARWATER, FLORIDA
By / \iter i~ ,', /;"'0
~\ ~itY~~ager.
Attest:
City~ Clerk JAN 2 1977
Countersigned: #~~#;P'
Mayor -Com ssioner
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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 R/W JOB NO.
FA P NO.
15
000
6906
Palmetto St. P1nellas
1 (SIG-G)
SRS-OOOS(13)
AGENCY
SEABOARD COAST LINE RAILRMD COMPANY
A.
JOB DESCRIPTION:
C.
TYPE OF ROADWAY FACILITY:
FDOT/AAR XING NO.: 626825-"
RR MILE POST TIE:
SY-872.95
B.
D. TYPE CROSSING PROPOSED: NONE INDEX: GRR"()l
E. CLASSIFICATION CROSSING PROTECTIVE DEVICES: CLASS III TYPE IV
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING PROTECTIVE DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS
DESCRIPTION
COS T*
$ 650.00
$ 860.00
$ 980.00
$1,230.00
I
Flashing Signals - One Track
II
Flashing Signals - Multiple Tracks
III
Flashing Signals and Gates - One Track
Flashing Signals and Gates - Multiple Tracks
IV
*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: 20.05, F.S.
SPECIFIC LAW IMPLEMENTED: 338.21, F.S.
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SEABOARD COAST LINE -RAIL"R'OAO CONPANY
To: Florida ~partment cl Transportation. I
Project Ref. 15000-6906 County: Pinel1as
Location: Clearwater, Fla.
SCt Mile Post: SY-872.94 Drawln~ No.
Route: Palmetto Street Crossln~ Inv. No.626 825N
Description: Install flashing light signals <Cantilever type) andi ga1:es
(Type IV, Class III Traffic Control ~vices).
EsUmatecL_Cost
Material Cost
24,800
Sales Tax
992
11 and ling
1,240
Transportation to Project
li8
Total Material Cost
27,150
Cred~t for Released Material
TOTAL ESTIMATED COST
27,150
700
351
1,051
7,000
2,981
9,981
90
1,968
125
960
150
41,475
2,125
43,600
Net MaterIal Cost
Enp,ineerin~
Plus Composite Additive
Total EnRineerin~
Construction Lahor
Plus Composite Additive
Total Construction Labor
Supplemental Annuity on Labor
Meal Allowance and Lod~in~
Transportation of Equipment to Project
Equipment Rental
Traffic Control Devices (Construction)
Estimated Material and Labor Cost
Contingencies
Railroad Portion
Outside Party Estimated Cost
$43,600
Office of Chief En~ineer Comnronicatlons and Si~als
Jacksonville, Fla. Oate: Sept. 17, 1976 ~
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SEABOARD cx)AST UNE RAIIK>AD <X>HPANY
To: Florida Department of Transportation
Project Ref. 15000-6906 County: Pinellas
Location: Cleazwater, na.
SCL Mile Post: SY 872.44
Route: Pa1netto S~et Crossing Inv. No. 626825N
Description: Install flashing light signals (cantilever type) and gates
('l';pe IV, Class III, signal facility).
Estimated f'oi.aterial
Primary power (Ae) equipment and accessories
SeccndaIy power (OC) batteries and housing
Co::1trol equ.i.~""l=nt and housing
378.
1,664.
8,430
2 - Signal assemblies, cantilevers 26' span
5,400
2 - Gate assemblies, 31' arm
5,575
1,819
806
L:>t - Undergru.md cable
Precase footings and other ooncrete material
3" oonduit (160')
284
lDt - 'rrack material - Bonds, track material, etc.
285
l"asc.
159
Total
$24,800
Office of Chief Engineer Com:m.mications and Signals
Jacksonville, Fla. Date: September 17, 1976 RMP
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RAILROAD CROSSING MAP
IN FILE