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2005-055
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2005-055
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Entry Properties
Last modified
7/7/2016 12:21:33 PM
Creation date
9/30/2015 9:30:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/08/2005
Control Number
2005-055
Agenda Item Number
11.I.2
Entity Name
FEC Railway, LLC
Subject
Railroad Reimbursement
Area
16th St./17th St. crossing
Project Number
23087215701
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
5394
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72609823 <br /> RAIL <br /> 01100 <br /> Page 2 of 6 <br /> traffic control devices at said location on an actual cost basis , and in accordance with the DEPARTMENT'S Plans <br /> and Standard index Number 17882 attached hereto and by reference made a part hereof. After installation of said <br /> signals is completed , fifty (50 ) percent of the expense thereof in maintaining the same shall be borne by the <br /> COUNTY and fifty ( 50) percent of the cost shall be borne by the COMPANY, as enumerated by the Schedule of <br /> Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference <br /> made a part hereof and subject to future revision . After said signals have been installed and found to be in <br /> satisfactory working order by the parties hereto , the same shall be immediately put into service , operated and <br /> majnt ., Aa i by A.1 A AMA 4hc l' f1AAA A S A gy JnAA ac `Wald C' (IAAD��IV yr y � � ��rs or aSSiy n � 8; iali <br /> vperate u e said signals <br /> at said grade crossing ; or until it is agreed between the parties hereto that the signals are no longer necessary; or <br /> until the said crossing is abandoned ; or legal requirements occur which shall cease operation of signals thereat. <br /> The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the <br /> COMPANY, but at the expense of the party initiating such relocation . Upon relocation the maintenance <br /> responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of <br /> maintaining any additional or replacement signal equipment at the same location will be shared as provided above . <br /> 4 . All work contemplated hereabove shall at all times be subject to the approval of the COMPANY' S Chief <br /> Engineer or his authorized representative . The DEPARTMENT or the DEPARTMENT'S contractor shall give the <br /> COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of <br /> any work within the limits of the COMPANY'S right of way . <br /> 5 . Unless otherwise agreed upon herein , the COUNTY agrees to insure that the advance warning signs and <br /> railroad crossing pavement marking will conform to the Department of Transportation Manual on Uniform Traffic Control <br /> Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs and <br /> pavement markings will be continually maintained at an acceptable level . <br /> 6 . The DEPARTMENT will reimburse the COMPANY for the cost of watchmen or flagging service when the <br /> DEPARTMENT'S contractor is carrying out work adjacent to the COMPANY'S tracks and whenever the contractor is <br /> performing work requiring movement of employees , trucks , or other equipment across the tracks of the COMPANY , or <br /> when at other times the COMPANY and DEPARTMENT shall agree that such a service is necessary. Such costs shall be <br /> accrued and billed directly to the DEPARTMENT as specified in Paragraph 9 . <br /> 7 . The DEPARTMENT will require its contractor to furnish Railroad Protective Public Liability and Railroad <br /> Protective Property Damage Liability Insurance in a combined amount of $27000 , 000 . 00 for all personal <br /> injuries , death or property damage , per occurrence arising during the policy period . The maximum dollar amounts of <br /> coverage to be reimbursed by Federal funds , with respect to bodily injury , death or property damage , is limited to a <br /> combined amount of $6 , 000 , 000 .00 per occurrence unless approval for larger amounts by the FHWA Division <br /> Administrator is made a part of this Agreement. The DEPARTMENT will also require its contractor to furnish the <br /> COMPANY a Certificate of Insurance showing that the contractor carries liability insurance ( applicable to the job in <br /> question) in the amount of $2 , 000 , 000 . 00 for all personal injuries , death or property damage, per occurrence <br /> arising during the policy period . Such insurance is to conform with the requirements of 23 C. F . R. , Subchapter G , Part 646 , <br /> Subpart A, and any supplements thereto or revisions thereof. <br /> B . The DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the <br /> COMPANY'S signal wire line or other facilities and in the wire line facilities of any utility that has compensable interest on <br /> the COMPANY'S right of way occasioned by the construction of said crossing and the occupancy of the COMPANY'S <br /> property , provided such costs are accrued as specified in Paragraph 9 , <br /> 9 . The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities in accordance with the <br /> provisions set forth in the : <br /> 'P (a) DEPARTMENT Procedure 725-080-002 Appendix D. 4 and Rule 1446. 002 "Responsibility for the <br /> Cost of Railroad-Highway Crossings" , Florida Administrative Code . <br />
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