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2008-442 (2)
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2008-442 (2)
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Last modified
5/16/2022 1:13:51 PM
Creation date
10/5/2015 8:56:53 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Migration
Approved Date
04/04/1979
Control Number
2008-442
Agenda Item Number
No data from migration
Entity Name
FEC Railway - Hobart Road reimbursement agreement
Subject
Received orig. document 5/20/08
Supplemental fields
SmeadsoftID
8309
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FRR W! 722-27 <br />7-77 <br />PAGE 2 OF 6 <br />through use of automatic grade crossing traffic control devices, including signals with <br />or without gates, or grade separation structure(s); then, such additional traffic control <br />devices and/or structure(s) will be installed as necessary at the complete cost and <br />expense of the COUNTY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that <br />once a determination has been made as to the type of facility to be installed, whether <br />signals or structure, such installation will be the subject of a supplemental Agreement <br />which will set forth the maintenance responsibility as governed by the applicable State <br />and/or Federal policy at the time of such installation. <br />(b) presently requires the installation of grade crossing traffic control devices and the <br />DEPARTMENT agrees to pay such cost subject to the COMPANY'S participation as <br />specified in Paragraph 13; such installation to be in accordance with plans and <br />specifications as approved by the DEPARTMENT. The COMPANY shall furnish the <br />necessary materials and install automatic grade crossing signals and/or traffic control <br />devices at said location on an actual cost basis, and in accordance with the DEPART- <br />MENT'S Plans and Standard Index Number 17882 attached hereto and by reference <br />made a part hereof. After installation of said signals is completed, fifty (50) percent <br />of the expense thereof in maintaining the same shall be borne by the COUNTY and <br />fifty (50) percent shall be borne by the COMPANY, as enumerated by the Schedule of <br />Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by <br />this reference made a part hereof. After said signals have been installed and found to be <br />in satisfactory working order by the parties hereto, the same shall be immediately put <br />into service, operated and maintained by the COMPANY so long as said COMPANY or <br />successors or assigns shall operate the said signals at said grade crossing; or until it is <br />agreed between the parties hereto that the signals are no longer necessary; or until the <br />said crossing is abandoned; or legal requirements occur which shall cease operation of <br />signals thereat. The COMPANY agrees that any future relocation or adjustment of said <br />signals shall be performed by the COMPANY, but at the expense of the party initiating <br />such relocation. Upon relocation the maintenance responsibilities shall be in accord- <br />ance with the provisions of this agreement. <br />4. All work contemplated hereunder shall at all times be subject to the approval of <br />COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT or <br />DEPARTMENT'S Contractor shall give COMPANY'S Division Engineer and/or Superintendent at <br />least seventy-two (72) hours notice prior to the performance of any work within the limits of <br />COMPANY'S right-of-way. <br />5. The DEPARTMENT will require its contractor to reimburse the COMPANY for the cost <br />of watchmen or flagging service when the contractor is carrying out work adjacent to the <br />COMPANY'S tracks, and whenever the contractor is performing work requiring the movement of <br />employees, trucks and other equipment across the tracks of the COMPANY, or when at other times <br />the COMPANY and DEPARTMENT shall agree that such service is necessary. Such costs shall be <br />accrued as specified in Paragraph 8, and, within one hundred eighty (180) days following the comple- <br />tion of work by the DEPARTMENT'S contractor, shall be billed directly to the DEPARTMENT for <br />rebilling and collection from the highway contractor prior to the payment thereof. <br />6. The DEPARTMENT will require its contractor to furnish Railroad Protective Public <br />Liability Insurance providing for a limit of not less than $ 2.00,00 r all damages arising out of <br />bodily injuries to or death of one person, and, subject to that limit for each person, a total limit of <br />
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