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RAILROAD REIMBURSEMENT AGREEMENT - SR S-595-B & SR 595 '.. . I , \ ~ , 'Department of Transportation Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304 REUBIN O'D, ASKEW GOVERNOR TOM WEBB, JR, SECRETARY Division of Road Operations October 24, 1~~-::'-;!r:7"";;"~~, g' \.~?;i:~\.....''''''''~,i \.,. <- " ",.' '~ $0 Mr. T. B. Hutcheson, Assistant Vice President Seaboard Coast Line Railroad Company 500 Water Street Jacksonville, Florida 32202 Dear Sir: tI[QnicEn:;jiIH3";~,~~ .'" RECE1VED Section 15600-6904, State Road (Jeffords St.) Pine11as County, Parcell (R/W SIGW) Crossing Number: 626796-F FA? Number: RRP-OOOS(23} SCL File: 51-0-Fla.(Clearwater}-E SCL MP: SY-875.50 NOV 3 1978 ~ITY CLERK. We are enclosing one (l) fully executed agreement dated September 12, 1978, involving your Company and covering the installation of grade crossing traffic control devices estimated at $39,800.00. 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 contractsha 11 be perfonned 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. 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/b511 ,~nc tosure : ' ~r. Keith Crawford, Traffic Engr., City of Clearwater, wll agreement Mr. R. D. liggett, Chief Engineer, Camm. & Signals - SCL Mr. C. W. Monts Ie Gea, District Engineer Attention: District Utility Engineer, w/2 agreement copies Comptroller Attention: Budget Office, wI! agreement copy "J j (" (.,I/.... -', 'I: ... 8 _)., ~' u ' sTATlor FL.ORIDA DEPA~T~ENT ~F TRANSPORTATlt N - DIVISION 01' ROAD OPERATIONS f RAILROAD REIMBURSEMENT AGi'lEEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBiliTY (Municipal) 15 600 6904 PARCEL Be R/W JOB NO, rAP NO, OUNTY SECTiON UTILITY JOB NO, STATE ROAD NO, COUNTY NAME It. Pl.. 1 laa 1 (SIGW) -0008(23) 't _ THIS AGREEMENT, made and entered into this ~ day of S1J~t.w 197~, between the State of Florida Department of Transportation, hereinafter ca lIed the DEPARTMENT, and llAIOOD COAST I.DB IAILIOlD CCllPARY a corporation, with its principal place of business in the City of .Jack8oIl9'11i. County of Duval , State of rlorW. , hereafter ca lled the COMPANY; and CITY or CLIAIWlTII , a municipal corpora- tion, hereinafter called the CITY. ',/' WIT N E SSE T H WHEREAS, the DEPARTMENT is constructing, a portion of the State Highway System, designated 6904 between sa 8-595-1 , sa 59,:) and tracks of the COMPANY Milepost SY-87S.50 Clearwater 1 , which at P"~IifR!.X ~ , FDOT/AAR Crossing Number 626796-1 , as shown on DEPARTMENTls Plan , attached hereto as a part hereof; and reconstructing or otherwise changing by the DEPARTMENT as Job No. 15600- and crosses at grade the right-of-way ~ the COMPANy1s , at 0 r ne a r Sheet No. WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal Aid Highway Program Manual, Volume 1, Chapter Lf, Section 3 (FHPM 1-4-3), as amended, and Federal Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 1 (FHPM 6-6-2-1), as amended, and DEPARTMENT's Rule 14-46.02, Florida Administrative Code, as amended. NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: A. The COMPANY shall: 1. Install by its own forces~ with supervision and approval of the DEPARTMENT, at an estimated cost of $39,000.00 , itemization of which is attached hereto, automatic railroad grade crossing traffic control devices, hereinafter called "Devices", at said location, in accordance with (1) the attached detailed statement of the work, plans and specifications; (2) the DEPARTMENT's Plans and Standard Index Number 17882, and (3) F1lPM 1-4-3 and FHPM 6-6-2-1, or Rule 14-46.02, all of which by reference are made a part hereof. 2. Provide protective services in accordance with U. S. Department of Transportation Manual of Uniform Traffic Control Devices during the performance of the work, as indicated in the attached plans and specifications, the cost of which is in- cluded in the attached cost estimate. 3. Render the DEPARTMENT a final bill, in accordance with applicable Federal or State regulations, within one hundred eighty (180) days from the completion date of the project, for all actual reimbursable identified charges including credits I I - ,2 - for salvage or betterments, if any, attributable to the project; and itemize all substantial charges in a form comparable to the charges contained in the cost estimate. 4. Operate and maintain said devices and perform any adjustment, reloca- tion or replacement of said devices; the cost therefor shall be assumed or apportioned in accurdance with Paragraph C below. B. The DEPARTMENT shall: 1. Promptly reimburse the COMPANY for all actual costs attributable to the project, pursuant to Paragraph A.l., as billed by the COMPANY, pursuant to Para- graph A.3. 2. Retain ten percent from any progress payment. C. The parties agree: 1. That the cost for the operation and maintenance of the devices by the COMPANY shall be shared as follows: (a) Fifty percent (50%) shall be borne by the CITY and fifty percent (50%) shall be borne by the COMPANY, in accordance with the attached Schedule of Annual Cost of Automatic Highway Grade Crossing Devices, subject to future revision. 2. The cost of any adjustment, relocation or replacement of said devices shall be assumed by the party initiating such action, unless otherwise provided for in this contract, existing contracts between the parties, or in existing contracts between one of the parties and a third party. 3. Each party does hereby indemnify and hold harmless each other from all liability, claims and judgments (including at~orneyfs fees) arising out of work under- taken by any such party pursuant to this agreement, due to the negligent acts or omis- sions of their contracts, subcontractors, employees, agents or representatives, re- spectively, except as otherwise covered by bonds or insurance. This provision is a reciprocal covenant and in the event any portion hereof is found by a court of com- petent jurisdiction to be unenforceable, then this entire Article C.3. shall thereafter be unenforceable in all respects. 4. Any provision contained in ariy existing contract re lating to said crossing, whether between the parties hereto and/or third parties, shall be, and does, remain in full force and effect, except as otherwise provided herein. I I . ' " IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by thcir duly authorized officers, and their official seals hereto affixed, the day and year first above written. o\~ FU~~ AVA1LABJ$. A~ STATE OF FLORIDA APPROVED - Fl~'~ DEPARTl\IENTOF TRANSPORTATION &~ (SEAL) BY: ATTEST: COMPANY: CClCPAIIY BY: (SEAL) ATTEST: . , . er BY: ' (SEAL) ) Approved as to Form, Legality and Execution Examined and Approved: STATE OF FLOIUDA DEPARTMENf OF TRANSPORTATION 't~-)7-7~ Date BY )) Q~ Assistant Attorney ~~~ .~ Division Administrator rtederal Highway Administration FORM 722-73 7-77 'PAGE I OF I STATE J FLORIDA DEPART~ENT OF'TRANSPORTATIONI DIVISION OF ROAD OPERATIONS CITY R'ESOLUTION GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY OUNTY SECTION UTILITY JOB NO. STATF ROAD NO. COUNTY NAME PARCEL Be R!W JOB NO. FA P NO. 15 600 6904 Jeffords St 1 P1nellas 1 (SIGW) A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR FU- TURE RESPONSIBILITY OF GRADE CROSSING TRAFFIC CONTROL DEVICES WITHIN THE RIGHT OF WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. ON MOTION OF Commissioner (Councilman) , seconded by Commissioner (Councilman) , the following Resolution was adopted: WHEREAS, The State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the State Highway System, between SR S -595 -B and SR 595 , which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossings over or near said highway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Clearwater , FLORIDA: That the City of Cl earwater enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the SCL Ra 11 road Company for the installation and maintenance of certain grade crossing traffic control devices designated as Job No. 15600-6904 on Jeffords Street which crosses the right of way and tracks of the Company at FDOT/ AAR Crossing Number 6?fi7Q6-F located near Clearwater , Florida; and That the City assume its share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in Paragraph I of the RAILROAD REIMBURSEMENT AGREEMENT; and, C.1 (a) That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of Transportation and the SCL Rail road Company as herein described; and, That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the City Commission Of the City of Florida, in regular session, this day of Clearwater ,197-. Mayor-Commissioner ATTEST: City Auditor and Clerk . .. ,--"--.~,.,,,---,._,....-....._ ...._w__~~-....-,_..- _"'~___,.~..._~-'-""-".,-... '\ -.'. .. I ,1 I RESOLUTION No. 78 - 104 A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR FUTURE RESPONSIBILITY OF GRADE CROSSING TRAFFIC CONTROL DEVICES WITHIN THE RIGHT- OF- WAY LIMITS OF JEFFORDS STREET AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the State Highway System, between S. R. S-595-B and S.R. 595, which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossings over or near said highway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARL.Y ASSEMBLED, AS FOLLOWS: 1. That the City of Clearwater enter into a Railroad Reimbursement Agreement with the State of Florida, DepartInent of Transportation and the I 1 I i of certain grade cros sing traffic control devices designated as Job No. 15600-6904 r on Jeffords Street which crosses the right-of-way and tracks of the Railroad at Seaboard Coast Line Railroad Company for the installation and maintenance FDOT/AAR Crossing Number 626796-F located near Clearwater, Florida. z. That the City agrees to assume its share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in Paragraph C. 1 (a) of the Railroad Reimbursement Agreement. 3. That the Mayor-Comm.issioner, City Manager, City Clerk and City Attorney be authorized to enter into such agreement with the State of Florida . Departm.ent of Transportation and the Seaboard Coast Line Railroad Company as hereihuescribed. -1- ~-"--"''''C'_.'''. - ~ -'--_..._.....___.M__."._ _'.., II t ;. H H :!i 'H " ,-, r: f J ." ..-1r- ~-'; - l-~ I t.' ~~' .I f I ! i'j . .- . . I I 4. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 7th day of September, A. D. 1978. { /s/ Charles F. LeCher Mayor- Commis sioner Attest: / s/ Lucille Williams City Clerk I .....,,~ ./ ---- 11 .I f :~:: t, I' i.' . . },'", . , I I, LUCILLE WILLIAMS, duly appointed City Clerk of the City of Clearwater, Florida, certify the foregoing to bea true and correct copy of Resolution No. 78-104 adopted by the City Commission on the 7th day of September , A. D.. 19~. WITNESS my hand and the seal of the City of Clearwater, Florida, this 8th day of September ,A.D., 19 78. ce~ ~>>~".N I 1 City Clerk .-/ ~ ~ ; :1 I : } J ~: ~I I L' , , FORM 72l!-48 T-77 PAGE'I OF I SlTE OF FLORI';A D~PARTM~NT OF TRANSPORTITION DIV~SION OF.ROAD OPERATIONS RAILROAD GRADE CROSSHvG TRAFFIC CONTROL DEVICES COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL Be R!W JOB NO. FA P NO. 15 600 6904 Jeffords St. Pinellas 1 (SIGW) RRP-000S(23) AGENCY SEABOARD COAST LINE RAILROAD Co;'1PANY A. JOB DESCRIPTION & LOCATION: qailroad Signal Improvement B. TYPE OF ROADWAY FACILITY: C. FDOT/ AAR XING NO.: 626796-F 2 lane rural RR MILE POST TIE: SY-875.50 D. TYPE SIGNALS PROPOSED: IV CLASS IV INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHW A Y GRADE CROSSING TRAFFIC CONTROL 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 Traffic Control Devices EFFECTIVE DATE: February 3, 1971 GENERAL AUTHORITY: 20.05, F.S. 338.21, F.S. SPECIFIC LAW IMPLEMENTED: ''!:.. .t SEAIH>ARIJ COAST LINE RAlI:POAO To': Florida Department .IBJ1sport?-ti;n' . . 'Pro1ect Ref. 15600-6904, tHWANo. RRP-000S'(23) Location: Clearwater, Fla. ::CL IHle P09t: SY-875.50 Route: State Road (Jeffords St.) Description: Install cantilever type highway emIr ANY , Pinellas County: Dravlnp 1\0. Crossln~ Inv. No. 626796-F crossing signals and gates. ~laterial Cost 21,989 NOTE: Estinated nwnber of days to start project after receipt of authorization is 120 days. ,E9 tima ted _Cos t Sales Tax 880 Iland ling 1,099 Transportation to Project . 80 Total Material Cost 24,048 Credit for Released Material Enr,ineering 24,048 950 517 1,467 6,450 3,029 9,479 100 1,840 120 800 1\~t Material Cost Plus Composite Additive Total Enp,ineeriog Construction Lahor Plus Composite Additive Total Construction Labor Supplemental Annuity on Labor Meal Allowance and Lod~inf" Transportation of Equipment to Project E~uipment Rental ~~~ fstimated Material and Labor Cost 37,854 C'ontinr-encies 1,946 TOTAL ESTH1ATED COST 39,800 R:Jilroarl Portion Outside Party Estimated Cost 39,800 Office of Chief Enp,lneer Communications and Signals JackAonvllle, Fla. Date: Dec. 21,1977 CWH ,. . . SEABOARD COPS! LINE RAILROAD COMPANY To: Florida Departm:mt of T:rensportaticn. Project No. 15600-6904, State Road (Jeffords St.) County: Pinellas, Parcel 1 (R!W SIQt1) Location: Clearwater, Fla. Milepost SY-875.50 ~sC['iption: Install cantilever type highway crossing signals and gates. Estimate of Signal Material and Cost 2 - Gate Assemblies canp1ete with 22 ft. gate ann, back lights, bell and foundaticn. $6,350 2 - Signal Assemblies canplete with 18 ft. cantilever ann, 6 light units and foundation. 1 - Instrl.JIlent Case containing apparatus for operating signals and gates. 1 - Battery Box ccntaining operating batteries for use at the crossing . 5,460 6,166 1,570 1 - Meter Pole 225 Lot - Underground Cable, multiple conductor 1,680 5 - Lengths 3" Pipe for cable runs under roadway and tracks 12 - Bootlegs for attaching track cable to rails 120 - Bonds for bonding jointed rail 220 168 150 $21,989 Office of Chief Engineer CcmIunications aOO Signals Jacksonville, Fla. Dec. 21, 1977 CWH '''"-- RAILROAD CROSSING MAP IN FILE I i I I , -f -< ." 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