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RAILROAD REIMBURSEMENT AGREEMENT - SR-S595 & SR-595 I .. "'.-- -~, I Department of Transportation Haydon Burns Building. 605 Suwannee Street. Tallahassee. Florida 32304 TOM WEBB. JR. SECRETARY Division of Road Oper.tfons May 26, 1978 ~'\'~''7~~fi1mll!!l- , ,",J.,/, ,r,'::~ ~LSl.I " , tlj) ~:',;.~" . llU JUN 2 1978 Mr. T. B. Hutdleson, Assi staRt 'fee President Seaboard Coast Line Railroad COIIpIny 500 Water Street Jacksonville, Florida 32202 Our Sir: Traffic Engineering De,t. Section 15000-6916, State Road (Pierce St.) P1nell1s touDty, P.rcel 1 (R/V SI;W) Crossing 1CIIIber: 626807-R FAP NaBber: RRO-OOOS( 6) SCL File: 44302-E SCl MP: SY-874.70 We .... enclos1ng one (1) 'ull, executed .g.......t dated March 2, 1978, involving JOUr Cu.pany I" coverillg tile 1nstall.tton of grade crossing traffic control devices est1.ted at $36,600.00. The .closed doc:aeats hav. Mea Ipproved by the Departaent Ind you IDlY consfder this notfce as JOU1" authorization to swoeeed with the work under the direction of our District Eng1neer. Pleue extend Idvuce notification of work bylt.nroad forces to our District Utl1fty Engf-.r. The work under th1 s contract stall be perfor-.ed 1n accordance wi th the provisions of tbe Federal H1,_y Adltf.'stratfon's Federal-Aid Progrlll Maaul Vol... 1, Chapter 4, Section 3, ../.. 'oh_ 6, Chapter 6, Section 2, as required. Should addfti_l fnf~tfOft or _ting with Department represent.tives be needed, please 1 et us know. Sincerely yours. E. M. Salley, P. E. State Utility Engineer EMS/bsaI ~ctosure: 3 coafol'lled copies and 5 plln sheets ~r. Keith Crlwford', Traffic Engineer, Cfty of Cle.rwater Mr. R. D. Liggett, Chief Engineer, C... & Signals - SCt Mr. C. W. Monts De Oca, District Engineer AtteatiOll: District Utility Engin...., w/2 .g.....nt copies Comptroller Attention: Budget Office, w/l .greenent copy J i/)(~ /')") , (, 1 ,'"'" ;/1~' jl 7 !_/<~') -./- _II ,.~ .!~ STAlE OF FL.ORIOA DEPARTME, ~"T'OF TRANSPORTATtN DIVISION OF ROAD OPERATIONS PAGE I OF 5 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY (Municipal) .~ SECTION UTIL.ITY JOB NO. STATE ROAD NO, COUNTY NAME PARCEL. 8: R/W JOB NO. FA P NO. 000 6916 Pierce St. Pinellls 1 RRO-COOS 6 THIS AGREEMENT, made and entered into this ?- """- 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 SEAB01..-m GOAST LINE RAILROAD COMPANY , a corporation organized and existing under the laws of Virginia with its principal place of business in the City of Jacksonvi 11 e County of City of Duyal 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 DEPARTMENT as Job No. 15000-6916 between ~R-S-595 and SR-i95 ,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-874 , at or near eleaNlte,. , 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 ~xattached 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, -~ . ~~ ,y FORM 722-40 I ~ PAGE 2 OF 5 J 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 (lliiwill 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. PI'\;" J Of' I I I 7. It is spec!ifically agreed by and between the DEPARTl\IENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COl\lPANYas a result of the above installation and/or adjustment work. B. It is further agreed that the cost of all installations and/or adjustments made during this installation work shall be borne by the CO!\lPAl'\Y, subject only to the DEPARTMENT 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 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 pIa/is 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 credit.s 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; arld the location where the re,cords and accounts billed can be audited. Adequate reference shall be made in the billing to the COi\lPAN Y'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 abo~'e indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPART~IENT'Sauditor. The DEPART~IENT shall retain ten per cent from any progress pa)'ment. 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 CitYA~ and 50 percent shall be borne by the Company, as enumerated by the Schedule of -11''' 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. /' ,. I I 11. After said automatic crossing signals and/or other protective devices have H been installed and/or adj"'sted and found to be in satisfactory working order by the .... parties hereto, the same shall be irrnnediately put into service, operated 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 bet,.;een the parties hereto that the signals are no longer necessary at said grade crossing, or unti I the said crossing is abandoned, or other legal requirements made which shall cease operation and maintenance of signa Is thereat. The Company agrees that any future relocation or adjustment of said protective devices shall be perfonnedby 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 ilHklllnify and hold harlllless the DEPART;\IENT a'Tain:-:( I'aeh and cycry claim, dCllwlld or cause of ae/ion that Illay lw made or cOllie againsl the ~ . . DEP\HT:\IE;\T ii" reason of or any way arising out of allY ddect. illlJH'rfectioll. failure 10 l"I'pair. or failure to maintai;l, done, suffercd, or permitkd in or about such pro"'divc dn"ices, and also C\Try claim, demand or cau:,{' of aclioll again:-;t said IJEPART:\IENT by n~asoll of allY liability lltat is or may IJe imposed 011 the DEPr\RT:\IE:\"T ullder Ihe laws of this Slale because of ils participation ill tIll' cosl of Stich main lena IIC(~ govI'r1wdill Paragraph 10 ( b) abon:, 011 aceolln t of ally such ddcd, i m per ft-ction. or failure to n~l'air or nwinlaill, dOlI<<:. suffen'd, or Iwrlllitlt'd in or about said crossin~ or crossing proLeelive dcvicc:-;, or UII accounl of allY adioll or omission 011 Ihc part of IIl1' COi\JPANY in or .dJOut the S<l/ll(~. l:t T1w CO\IP,\NY con~II.lnls lo ind('mllify, defcnd. ~a\'C harmless and (~XUIHTalc the DEPAltT;\IENT of and from all liabilily, daimsand d{'mallll:-; arisin:,.: out of work undnlakcn by thc COi\lPAN Y pursuant 10 Ihis agrcenwnt. dlll~ 10 tlll~ rwgligt'nl aclions. dday or omissions done or 'IL. I I 'II ('(.)'111.\"')' J'to.; "111)f'ontr'I('tors {,llIldon'f'., <I"I-nls or n'llff'sf'nlativ('sj exc/'pling, COllllnl I~( 1\ Il~ A l\ . i' . .. .. . ., .' r however. any' loss. "amagt~ or illjllry arisin:,.: out of or caused by II\(' 11I':,.:ligcnt actiolls. delays or . omissions d;)nf~ or cOlllmilll'l1 by the I>EPARTi\IE;\T, its suhconlractors, cmployees, agents or to ;.~ I I RESOLUTION No. 78 - 49 A RESOLUTION REPEALING RESOLUTION NO. 76-91 PASSED BY THE CITY COMMISSION ON AUGUST I, 1976; AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND FUTURE RESPONSIBILITY OF GRADE CROSSING PROTECTIVE DEVICES ON PIERCE STREET IN THE CITY OF CLEAR WATER, FLORIDA. WHEREAS, the City Commission on August I, 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 cros sing 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 wJll permit certain inters ection 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 .. 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 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: -1- <or I I 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 Department 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 Department 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. /s/ Charles F. LeCher Mayor- Commiss ioner Attest: /s/ R. G. Whitehead City <:;lerk . -2- .. --;. '" ." -'~---~'"",-'~ . . . .-"'-',-"" -.-- >. , I. : .1 I, 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 . the this 20th day of April adopted by the City Commis s ion on ,A. D. 1978. Witnes s my hand and the seal of the City of Clearwater, 21 st da y of April , A. D. 1978. .---...-.. .~ 42 ?~/). . ff;i;;:;O,{;?;;/ City Clerk . :::"":_--_.._4 ~iEAIlOAHn (OAST'LlNE;' RAI.I.RnAn CmfPANY To: F.luY'idd De I .'1Y'tm~J It 01 'I'r"'lnSlx)rtation. Pt'o1ect. Ref. 15000-G'JIG TAP No. RRO-,OfJOS(f?), Lo'catlon: Clean'later, Fla. ~~r" ritle Post: SY-87ll.70 Route: ~~tate I\o"ld (Pierce Street) Description: Installation combination Es Urna te~_Cos t He terial Cos t Sales Tax l1andling Transportation to Project Total Material Cost Credit for Released Material Npt MateriRI Cost f.nr,ineerinr, Plus Composite Additive Total F.np,ineerin~ Construction Lahor Plus Composite Additive Total Construction Labor Supplemental Annui~y on Labor ~leal Allowance and Lod~inf!. Transportation of Equipment to Pro1ect V~uipment Rental Traffic Control Devices (Construction) fstimated Material and Labor Cost C'ontinr,encies TOTAL ES TU1A TED cas T R;dlrond Portion OU.tside Party Estimated Cost I r. t' Pinellas .oun y: J)rRwinp No. Crossin~ lnv. No. signals and gates. 18,790 752 9lW 80 Office of Chief Enp.ineer COlTUTlunications nnd Signals .lackAonville, Fla. nate: 1-1'3-78 OdII 20,562 20,562 950 517 1,1.167 5,750 3,170 9,920 100 1,8l10 120 800 626807-R 34,809 1,791 36,500 35,500 .. . '- ,. '-. "';',. srL~OARD COAST ~nlL I\AILROI\D COHPAll To: Florida IRparbnent of Transportation. Project: 150orJ-5916, State Road (Pierce St.) County: Pinellas, Crossing Humber: 626807-F. LOC\lti., 'II: Clci1r,.,'dt'~r, rIa. J)2scription: Install cc:rnDination signals and gates. Estimate of Signal Material ill1d Cost 2 - Combination signal and gate assembly \-.lith 27 ft. gate arm front and back lights, bell and fOW1dation. $6,650 1 - Instrument Case containing apparatus for operating signals and gates. 6,701 1 - Batte0j Box containing standby batteries for operating si~'}1als and gates. 1,738 Lot - UndergroW1d Cable, multiple conductor. 1,545 1 - Power Service Assembly 230 12 - Lengths 3" Pipe for cable runs W1der roadway and tracks. 522 If - Bootleg~;, for attaching truck cable to rail. Sit Lot - Case, transmitter, etc. at Clevelillld St. for southward start circuit. 850 Lot - Additional Equipment at Court St. for northward start circuit. 500 Total Estlimted Cost of H3.terial $18,790 Office of Chief J::ngineer Corrununications and Signals Jacksonville, Fla., January 13, 1978 a'JH RAILROAD CROSSING MAP IN FILE ! i i ! .1 -i -< "'0 f'T'I .....- ~-" ~ "'0 r ]> ('") -f'T'I N~ 'f'T'I r z ~-i f'T'I]> o-i f'T'I ::0 en ]> (5- z~ -0 ]> o ('") ::0 o en en z (;') en (;') z ]> r "'0 r ]> ('") :;~ 'f'T'I rz ~-i f'T'I]> o-i f'T'I ::0 en]> (5r Z ::0 _0 ]> o ('") ::0 o en ~ Z (;') ~~~~~ ""1:--'~~:--' ~~~~~ ~~. ;:J ~~~~ ~~~~ ~~:tIo.~ ~~~~ ~~~~ ;;;~ ~:~ ~~~ ~~~ ~~.. ::tt_~ 1Ii~~ ~~~ ~~~ I~~ ~~ '" ~~\;; ir::: t:~ ~~~ r--~ ~~ ~~~- --i \~~ ~~l ~:!f'\"~ I : <1'" ",,' _ _I. 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