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RAILROAD REIMBURSEMENT AGREEMENT - SR S-595-B & SR 595 JEFFORDS STREET \ '~ i I . , ! " , , 'Department of ~"ransportation Havdon Burns Building. 605 Suwannee Street, Tallahassee, Florida 32304 REUBIN O'D, ASKEW GOVERNOR TOM WEBB, JR. SECRETARY Division of Road Operations October 24, 1~.. ~.77,.l".~'..-c;' ! :;. ~ H'\....'.p~~.jl~ \~, hi -",-' ;a,;'" t . ~O Mr. T. B. Hutcheson, Assistant Vice President Seaboard Coast Line Ra i 1 road Company 500 Water Street Jack$Oftvl1le, Florida 32202 Dear Sir: [rQIficEc'JiIIS,,-;k.; c_ ,". RECEIVED Section 15600-6904, State Road (Jeffords St.) P1nellas County, Parcell (R/W SIGW) Crossing Number: 626796-F FAP Number: RRP-OOOS(23) SCL File: 5l-0-Fla.(Clearwater)-E SCL MP: SY-875.50 NOV 3 1978 ~ITY CLERK We are enclosing one (1) 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 contract shall be performed in accordance with the provisions of the Federal Highway Administration IS Federal-Aid Program ~1anual Volume 1, Chapter 4, Section 3, and/or Volume 6, Chapter 6, Section 2, as required. Should additional 1nfonnation or meeting with Department representatives be needed, please let us know. Sincerely yours, E. M. Sa 11 ey, P. E. State Utility Engineer EMS/bsll ~nclosure: . ~r. Keith Crawford, Traffic Engr., City of Clearwater, wll agreement Mr. R. D. Liggett, Chief Engineert Comm. & Signals - SCL Mr. C. W. Monts Ie Oca, 0 istri ct Eng 1 neer Attention: District Utility Engineer, w/2 agreement copies Comptroller Attention: Budget Officet w/l agreement copy "J / bCII~7"t;f - 8 STATIOF FLORIDA DEPA~T!"ENT 'OF TRJ\NSPORTATI1.. N _' D'VISION OF ROAD OPERATIONS 'f RAILROAD RElI'viBURSEMENT AGiqEEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY (Municipal) 15 600 6904 PARCEL Be R!W JOB NO. FA P NO. OUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME rs...u... 1 (SICIf) -0008(23) I tI.. ('" _II. THIS AGREEMENT, made and entered into this .~ day of ~.t...~....... 197~, between the State of Florida Department of Transportation, hereinafter ca lled the DEPARTMENT, and lIU041D COAST LDII IAILIOAD CCllPAlft' a corporation, with its principal place of business in the City of JacluolW11i. County of "'al , State of r1or1.. , hereafter called the COMPANY; and CITY or C~~A!1l , a municipal corpora- tion, hereinafter called the CITY. '/ WIT N E SSE T H : WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System, designated by the DEPARTMENT as Job No. 15600- 6904 between sa 1-595-1 and , sa 59~ , which crosses at grade the right-of-way and tracks of the COMPANY at 5~'8~X ~ ~ the COMPANyts Milepost sr-87S.50 , FDOT/AAR Crossing Number 626796-1 , at or near Clearwater , as shown on DEPARTMENT's Plan Sheet No. 1 , attached hereto as a part hereof; and WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal Aid Highway Program Manual, Volume 1, Chapter 4, 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) FHPM 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 - ,~ .., 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 accordance 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~orneyls 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 jurisdic tion to be unenforceable, then this entire Artic Ie C.3. sha 11 thereafter be unenforceable in all respects. 4. Any provision contained in ariy existing contract relating to said crossing, whether between the parties hereto and/or third parties, shall be, and does, rematn in full force and effect, except as otherwise provided herein. .1 , ' 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. ~ ,919 FU~~ AVAIlt\81? ~ STATE OF FLORIDA APPROVED - F I ~ DEPARTMENT OF TRANSPORTATION rz?,~ BY:_ ATTEST: BY: COMPANY: Assi ATTEST: . -~ ~. BY: . (SEAL) (SEAL) .. er (SEAL) ) Approved as to Form, Legality and Execution Examined and Approved: STATE OF FLOIUDA DEPARTMENf OF TRANSPORTATION 't"'-)7-7~ Date BY, j) ~ Assistant Attorney ~.J '.~~ _~ Division Administrator r-tederal Highway Administration . ' FORM 722-73 7-77 PAGE I OF I STATE 01 FLORIDA DEPART~ENT OF'TRANSPORTATIONI DIVISION OF ROAD 'OPERATIONS CITY R'ESOLUTION GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY COUNTY SECTION UTILITY JOB NO. STATF ROAD NO. COUNTY NAME PARCEL Be R!W JOB NO. F A P NO. 15 600 6904 Jeffords St; 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 5-595-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 Cl earwater , 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 mstallation 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 Cl eaNa ter , 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.l (a) That the Mayor and City Clerk be autho Florida Department of Transportation and the and, rized to enter into such agreements with the State of SCL Railroad Company as herein described; 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 . .. ,'. .. ..~:: ~;. ._-"----..~'~._-....'~.~......"._-~---_:_..-....--.-;;-,;."'-~,.--'--~... '\ I ,~ 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 Lllv1ITS 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 I 1 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,OB:' CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARL_Y ASSEMBLED, AS FOLLOWS: 1. That the City of Clearwater enter into a Railroad Reimbursement I.' Seaboard Coast Line Railroad Company for the installation and maintenance ': l of certain grade crossing traffic control devices designated as Job No. 15600-6904 r Agreement with the State of Florida, DepartInent of Transportation and the on Jeffords Street which crosses the right-of-way and tracks of the Railroad at FDOT/AAR Crossing Number 626796-F located near Clearwater, Florida. 2. That the City agrees to assume its share of the costs for future r; Ii Ii H '\' maintenance and adjustInent of said grade crossing traffic control devices as designated in Paragraph C. 1 (a) of the Railroad Reimbursement Agreement. 3. That the Mayor-Commissioner, City Manager, City Clerk and City ,. " '1 r. i: Attorney be authorized to enter into such agreement with the State of Florida . "Ill! h_'I"_;T1-~!:Il"',.;b...rL f I .~ ----~~ Department of Transportation and the Seaboard Coast Line Railroad Company . .- " I I 4. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this Attest: /s/ Lucille Williams City Clerk 7th day of September, A. D. 1978. /s/ Charles F. LeCher Mayor- Commis sioner .~~ ----- I f I ../ I' J 1 i r' I' L' . .: , I I, LUCILLE WI~LIAMS, duly appointed City Clerk of the City of Clearwater, Florida, certify the foregoing to be ,a 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. c(~ ~~~~:AI I 1 City Clerk ~ f i! :1 t , t J '~: ~I I i: , . FORM 72~-48 1'-77 PAGE-' OF I SiTE OF FLORI~A D~PARTM~NT OF TRANSPORTITlON DIV~SION OF.ROAD OPERATIONS RAILROAD GRADE CROSSII\tG 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 (5IGW) RRP-000S(23) AGENCY SEABOARD COAST LINE RAILROAD COi'1PANY A. JOB DESCRIPTION & LOCATION: Railroad Signal Improvement B. TYPE OF ROADWAY FACILITY: 2 lane rural C. FDOT/AAR XING NO.: 626796-F RR MILE POST TIE: 5Y-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: SEABOARD COAST LINE RAll:POAO CmlPANY '. f To': Florida Department "rensportati~n' . . Pro1ect Ref. 15600-6904, fHl'lA No. RRP-000S'(23) Location: Clearwater, Fla. ;,CL IUle P09t: SY-875.50 I)ritvlnp ~o. Route: State Road (Jeffords St.) Crossln~ Inv. No. 626796-F nescription~ Install cantilever type highway crossing signals and gates. , Pinellas County: ~Iaterial Cost 21,989 NOTE: Estinated number of days to start project after receipt of authorization is 120 days. ,Es Uma ted__Cos t Sales Tax 880 Handling 1,099 Transportation to Project . 80 Total Material Cost 24,048 Credit for Released Haterial Enr,ineering 24,048 .950 517 1,467 6,450 3,029 9,479 100 1,840 120 800 Npt Material Cost Plus Composite Additive Total F.np,ineerin~ Construction Lahor Plus Composite Additive Total Construction Labor Supplemental Annuity on Labor Meal Allovance and I.od~inr TransportatioQ of Equipment to Project E~uipment Rental jOQ(~~~ fstimated Material and Lahor Cost 37,854 C'ontinr,encies 1,946 TOTAL ESTHtATED COST 39,800 Rnilrolld Portion Outside Party Estimated Cost 39 ,800 Office of Chief Enp,ineer Conununicatiomi and Sh~nals .TackEwnv1l1e, Fla. Date: Dec. 21, 1977 CWH . , SEABOARD COASr LINE RAILROAD COMPANY To: Florida Department of Tre.nspartation. Project No. 15600-6904, State Road (Jefforos St.) County: Pinellas, Parcel 1 (R/W SIQt1) Location: Clearwater, Fla.. Milepost SY-875.50 rescription: Install cantilever type highway crossing signals and gates. Estimate of Signal Material and Cost 2 - Gate Assemblies canplete with 22 ft. gate arm, back lights, bell and foundation. $6,350 2 - Signal Assemblies canplete with 18 ft. cantilever arm, 6 light units and foundation. 1 - Instr\Jllent Case containing apparatus for operating sigpals and gates. 1 - Battery Box containing operating batteries for use at the crossing . 5,460 6,166 1,570 1 - Meter Pole 225 Lot - Underground Cable , multiple conductor 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 1,680 220 168 150 $21,989 Office of Chief Engineer CaJmmi.cations and Signals Jacksonville, Fla. Dec. 21, 1977 CWH r , , " , RAILROAD CROSSING MAP IN FILE .. - '.. I I i i I , I -4 ~ " I'TI - -I II! ! a & "'I iil COlli -Ii ~! ::11 ~I U ~ . ni : * ~ ... ,.. i ~ ,. ! II ~ I S d: !! ~ . 0 ap: II ~ ~ -4 ~ " I'TI - -- ~ · i I . 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