HomeMy WebLinkAbout2006-248 FOPM '725,740-2a
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STATE OF FLORIDA IDI+PARTNTENT OF TRANSPORTATION a0U
RAILROAD REIMBURSEMENT AGREE NIENT
GRADE CROSSING AND CROSSING TRAFFIC DEVICES - COUNTY
FINANCIALPROJECT ID ROADNAME OR NUMBER COUN'T'Y NAM PARCEL, AND R/W NUM BER FAP 4NIJM13ER
230872- 1 -57-01 167" St. / 17°i St. INDIAN RIVER 7 i (2150)
IFAS AGREEMENT, made and entered this day of � by and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and FLORIDA
EAST COAST RAILWAY L .L.C. a corporation organized and existing under the laws of
FLORIDA with its place of business in the City of ST. AUGUSTINE County of ST.
JOHNS State of FI.ORIDA hereinafter called the COMPANY; and INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, acting by and through its Hoard of County
Commissioners, hereinafter called COUNTY.
WITNESSETH :
WHEREAS, the 10PART'MENT is constructing, reconstructing or otherwise changing a portion of the Public
Road System, designated by the Financial Project ID 230872- 1 -57-01 on 16° St ! 17'' 5tt , which crosses
at grade the right of way and track(s) of the COMPANY' S Mile Post 2284- 118 ' FDOT / AAR crossing
Number 272195P _ at or near VERO BEACH , Florida, hetoinafter called the Grade Crossing, as shown
on DEPARTMENT' S Pian Sheet No. 1 , attached hereto as a part hereof; and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set tbrth, the parties hereto
agree as follows:
1 . The COMPANY hereby grants to the DEPARTMENT' the right to construct road at grade, and necessary
approaches thereto, across its right of way and over its track(s) at the hereinabove referred to location .
2 . 'rho COMPANY will provide, furnish or have fttrnisi.ed, all necessary materials retluired for, and will construct
or have constructed at the DEPARTMENT 'S expense a Standard Railroad Crossing Type "T" CONCRETE;
MODIFIED in accordance with the DEPARTMENTS Standard Index No. 560 attached hereto and by this
reference made a part hereof
3 . It is further agreed mutually between the parties hereto that the grade crossing be recognized by this
Agreement:
(a) is adequately signalized for the sate operation of the general public. However, should future
highway traffic conditions warrant additional crossing traffic control devices through use of
automatic grade crossing trate control devices, including signals with and without gates, or
grade separation structure(s); then, such additional traffic control devices and/or structure(s)
will be installed as necessary at the complete cost and expense of the COUNTY. IT IS
EXPRESSLY UNDI?RSTOOD AND AGREED that once a determination has been made as to
the type of facility to be installed, whether signals or structure, such installation will be the
subject of a supplemental agraement which will set forth the maintenance responsibility as
governed by the applicable State andlor Federal law at the time of such installation.
XX_ (b) Presently requires the installation ot' grade crossing traffic control devices and the
DEPAKTMf; NT agrees to pay such cost subject to the COMPANY'S participation as specified
in Paragraph 13, such installation to be in accordance with plans and specifications as approved
FORM 72F, 4Y)0-23a
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OCC 03103
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by the DEPARTMENT. The CONIPANY shall furnish the necessary materials and install
automatic grade crossing signals and/or traffic control devices at said location on an actual cost
basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882
attached heresto and by reference made a part hereof.
4. All work contemplated hereabove shall at all times be subject to the approval of the COMPANY'S Chief
Engineer or his authorized representative. "fine DEPAKTMENT or the DEPARTMENT"S contractor shall give
the COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the
performance of any work within the limits of lite COMPANY'S right of way.
5 . Unless otherwise agreed upon herein, the COUNTY agrees to insure that the advance warning signs and
railroad crossing pavement marking will conform to the Department of Transportation Manual on Uniform
Traffic Control Devices within 30 days of notification that the railroad signal improvements have been
completed and that such signs and pavement markings will be continually maintained at an acceptable level.
6. The DEPARTMENT will reimburse the COMPANY for the cost of watchmen or flagging service when the
DEPARTMENT'S contractor is carrying out work adjacent to the COMPANY'S tracks and whenever the
contractor is performing work requiring movement of employees, trucks, or other equipment across the tracks
of the COMPANY, or when at other times the COMPANY and DEPARTMENT shall agree that such a service
is necessary. Such costs shall be accrued and billed directly to the DEPARTMENT as specified in Paragraph 9.
7. The DEPARTMENT will require . its contractor to fumish Railroad Protective Public Liability and Railroad
Protective Property Damage Liability Insurance in a combined amount of $ 2.000.000,00, for all personal
injuries, death or property damage, per occurrence arising during the policy period. The maximum dollar
amounts of coverage to be reimbursed by Federal funds, with respect to bodily injury, death or property
damage, is limited to a combined amount of 6 000 000.00 per occurrence unless approval for larger amounts
by the FFI WA Division Administrator is made a part of this Agreement. The DEPARTMENT will also require
its contractor to furnish the COMPANY a Certificate of Insurance showing that the contractor carries liability
insurance (applicable to the job in question) in the amount of 2 000.00 for all personal injuries, death or
property damage, per occurrence arising during the policy period. Such insurance is to conform with the
requirements of 23 C .F.R.; Subchapter G, Part 646, Subpart A; and any supplements thereto or revisions
thereof
S. The DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the
COMPANY'S signal wire line or other facilities and in the wire line facilities of any utility that has
compensable interest on the COMPANY'S right of way occasioned by the construction of said crossing and the
occupancy of the COMPANY'S property, provided such costs are accrued as specified in Paragraph 9.
9. The COMPANY hereby agrees to install and /or adjust any necessary parts of its facilities in accordance with
the provisions set forth in the :
XX (a) DEPARTIvtENT procedure No. 725-080-002 Appendix and Rule 14-57.011 "Public and
Railway-TTighway Grade Crossings Costs", Florida Administrative Code;
_„____(b) Federal Highway Administration Federal Aid Policy Guide 23 C.F.R, Subchapter tf, Pat:
140, Subpart 1; and Subchapter G, Part 646, Subpart E;
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hercof. The
COMPANY further agrees to do all of such work with its own forces or by a contractor paid under a contract
held by the company, all under the supervision aad approval of the DEPARTMENT and the Federal Highway
Administration, when applicable.
FORM 129-090-23a
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10. The DEPARTMENT hereby agrees to reimburse the COMPANY as detailed in this Agreement, for all costs
incurred by 4 in the 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-
I1 . 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 costs thereof in the amount
of X490, 176.00 . All work performed by the COMPANY pursuant hereto, shall be performed according
to these plans and specifications as approved by the DEPARTMENT, and the Federal Highway Administration,
if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT
and the Federal Highway Administration, when applicable.
12- 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 directly to the DEPARTMENT. Separate records as to
costsof contract bid items and force account items performed for the COMPANY shall also be furnished by the
COMPANY to the DEPARTMENT.
13 . The COMPANY has determined that the method to be used in developing the relocation or installation cost
shall be as specified for the method checked and described hereinafter:
_ (a) Actual and related indirect costs accumulated in accordance with a work order accounting
procedure, prescribed by the applicable Federal or State regulatory body.
XX (b) Actual and related indirect costs accumulated in accordance with an established accounting
Procedure developed by the COMPANY and approved by the DEPARTMENT.
(c) An agreed lump sum $ t1.00 __-_, as supported by a detail analysis of estimated cost
attached hereto. (Note: This method is not applicable where the estimated cost of the
proposed adjustment exceeds $ 100,060.)
14. The installation and/or adjustment of the COMPANY'S facility as planned will ! XX will not involve
additional work over and above reimbursable requirements of the DEPARTMENT. ( If upgrading and/or non
reimbursable 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):
�T (a) 0_00 °.o will be applied to the final billing of work actually accomplished to determine
required credit for _ (betterment) and/or _ (expired service life) and /or _ (non
reimbursable segments).
(b) All work involving non reimbursable seginents witI be performed by special COMPANY
work or job order number apart and separate from the reimbursable portion of the work;
such work or job order number to be _ The COMPANY further agrees to clearly
identify such additional work areas in ttie COMPANY'S plans and estimates for the total
work covered by this agreement.
(c) $ 0.00 credited for -- (betterment) and/or _ (expired service l ife) and /or __. (non
reimbursable segments) in accord with Article 13 .(c) hereinabove.
15. It is specifically agreed by and between the DEPARTMEN]` and the COMPANY that the DEPARTMENT
shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the
above adjustment work.
16. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the
COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cast of
adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding
paragraph.
FORM 7254)0�23a
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17 . Upon completion of the work, the COMPANY shall, within one hundred eighty ( 180) 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 items contained in
the estimate attached hereto. The totals for labor, overlicad, 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 plans 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
possible. Salvage credits 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 shat ] 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; and the location where the records and accounts billed can be audited. Adequate reference shall
be made in the billing to the COMPANY'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 above indicated Reimbursement Policy, the DEPARTMENT
agrees to reimburse the COMPANY in the amount of such actual costs approved by the DEPARTMENT'S
auditor.
18. Payment shall be made only after receipt and approval of goods and services unless advance payments are
authorized by the State Chief Financial Officer under Section 215 .422( 14) Florida Statutes.
19. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this
Contract involves units of deliverables, then such units must be received and accepted in writing by the
Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit there of.
20, hills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance
with DEPARTMENTRude 14757.011 "Public Railroad-l-lighway Grade Crossing Costs" and the Federal
Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart I
"Reimbursement for Railroad Work."
21 . In accordance with Section 215 .422, Florida Statutes, the followings provisions are in this Agreement:
Contmetors providing goods and services to the DEPARTMENT should be aware of the following time frames.
Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services,
unless the Agreement specifies otherwise. 'The DEPARTMENT has 20 working days to deliver a request for
payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the
date die invoice is received or the date the goods or services are received, inspected, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to
Section 215 .422 (3 )(b), Florida Statutes, will be due and payable in addition to the invoice amount, to the
Contractor. Interest penalties of less than one ( 1 ) dollar will not be enforced unless the Contractor requests
payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors wil I
result in a delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the DEPARTMENT.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-
9724, or by calling the State Chief Financial Officer's ]Hotline, 1 -800-848-3792.
FORM 725-690-2na
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22. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request
to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment
is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon requesL
Records of costs incurred includes the Contractor's general accounting records and the project records, together
with supporting documents and records, of the Contractor and all subcontractors performing work on the
project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT
for a proper audit of costs.
23 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00)
and a term for a period of more than one year, the provisions of Section 339. 135(6)(x), Florida Statutes, are
hereby incorporated:
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available
for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from
the Comptroller of the DEPARTMENT that such funds are available prior to entering in any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one year, but any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim
in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than one year.
24. In accordance with Section 287. 133 (2Xa), Florida Statutes, the following provisions are included in this
Agreement:
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases for real property to a public entity, may not be awarded or perform work as a contractor,
supplier;,subcontractor, or consultant wider a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in x.287,017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
25 . In accordance with Section 287.0582, Florida Statutes, the followntg provisions are included in this Agreement:
'rho DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the
Florida Legislature.
26. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor or
Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
27. The parties acknowledge that there is a License Agreement in effect between the COMPANY and the
COUNTY dated February 2'2, 2006, which governs the COMPANY' S and COUNTY'S obligations at the
Grade Crossing (the "FEC/COUNTY Agreement"). Pursuant to paragraphs 7 and 8 of the FEC/COUNTY
Agreement, the parties are entering into this Railroad Reimbursement Agreement for the Department to pay for
specific installations at the Grade Crossing, including but not limited to a concrete grade crossing surface, grade
crossing warning devices and related materials (the "Installations"). It is understood and agreed that upon
completion of the Installations and payment therefore, the Department's obligations will terminate. It is further
understood and agreed that upon completion the installations and the Grade Crossing shall be considered as part
of the "Crossing Site", "Surtiace" and "Warning Devices," as the case may be, for all purposes under the
FEC/COUNTY Agreement, including but not limited to maintenance, use and removal purposes.
. FORMA 725-040-23a
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
duly authorized officers, and their official seals hereto affixed the day and year first above written.
STATE OF FLORIDA
(DEPARTMENT OF TRANSPORTATION
BY:
TITLE:
COMPANY: FEC RAILWAY, _LLC.
BY:
TITLE : /4An1A6Pe/L — �nJ�v 1r3E�YLr Jb �E/e ✓/Ge S
COUNTY: INDIANRI ,R COUNTY, FLORIDA.
8Y: Q2
July 11 , 2006
TITLE : Chairman
Approved as to Form, Approved as to Funds Approved as to FLIP
Legality and Execution Available Requirements
By: By: _ By:
Attorney, FDOT Fiscal, FDOT FIiWA
Date: -- — Date: Date:
APPROVED AS TO FORM
AND L AL SU FI
BY
ILLIAM Iq. D BRA L
ASSISTANT COUNTY ATTORNEY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WORK DESCRIPTION 72s09u07
GRADE CROSSING RAIL
NEW OR RECONSTRUCTION cores
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER
23087215701 16th St. / 17th St. INDIAN RIVER 71 (2150)
RAILROAD COMPANY
Florida Esat Coast Railway L. L.C.
A. JOB DESCRIPTION & LOCATION: Widen the existing grade crossing - Vero Beach
B. TYPE OF ROADWAY FACILITY: Four-lane divided - Urban
C. FDOT/AAR XING NO.: 272195-P RR MILE POST TIE: 228 + 118'
D. TYPE CROSSING PROPOSED: "T" Concrete Modified DOT INDEX: 560
E. STATUS AND PROPOSAL:
1 . EXISTING CROSSING (See Agreement dated 7/21 /1982 _ )
a. X To be improved as permanent public road crossing . -
b. To be (used-improved) for temporary (haul-detour) operation, Pit. No.
C. _ To be relocated (See above for new location) Existing crossing will:
(1 ) remain in place for local use.
(2) be abandoned and removed by (State-Railroad) forces.
d. To be eliminated - Remarks
2. NEW CROSSING
a. To be constructed as permanent public road crossing.
b. To be constructed for temporary (haul-detour) operation, Pit No.
C. Relocated from elsewhere (See 1 .c. above, Re: Existing Crossing).
d. Requires Public Hearing (State Statute 335. 141 & 120. 57)
F. VERTICAL ALIGNMENT:
1 . X Meeting elevation of existing rails.
2. Track adjustments necessary. Rails to be (raised-lowered) feet.
G. CROSSING PROTECTION: (Signal Sheet attached: O Yes 0 No.)
H . DRAINAGE ITEMS: (Drainage Sheet attached: O Yes No. )
I . COMMUNICATION AND/OR POWER LINE ADJUSTMENTS
1 . X By Others ( FOOT or Contractor Company.)
2. � By Railroad Company.
J. AUTHORITY REQUESTED: (Draft attached: OO Yes O No.)
1 . X Agreement (Third Party Participating Indian River County )
2. Supplemental Agreement No.
3. _ Crossing Permit.
4. Estimate for Change Order No.
5. Letter of Authority.
6. Letter of Confirmation (No Cost to Department).
K. OTHER REMARKS: Negotiations to be completed by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725UW0 9
WORK DESCRIPTION RAIL
GRADE CROSSING TRAFFIC CONTROL DEVICES o5ro2
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER
23087215701 16th St./17th St. INDIAN RIVER 71 (2150)
RAILROAD COMPANY
Florida East Coast Railway L. L.C .
A. JOB DESCRIPTION & LOCATION: Widen the existing rail crossing - Vero Beach, FL
B. TYPE OF ROADWAY FACILITY: Four-lane divided - Urban
C. FDOT/AAR XING NO.: 272195-P RR MILE POST TIE: 228 + 118'
D. TYPE CROSSING PROPOSED: IV CLASS: III DOT INDEX NO. : 17882
E. STATUS AND PROPOSAL:
1 . EXISTING DEVICES: (See Agreement dated 7/21 /1982 )
a. None-New Crossing.
b. Crossbuck and Disk.
C. _Flashing Signals with Disk.
d. _ Flashing Signals with Cantilever.
e. X Flashing Signals with Gates.
f. Flashing Signals with Cantilever and Gates.
2. PROPOSED DEVICES: (Safety Index Rating )
a. No revision required.
b. Crossbuck and Disk.
c. _ Flashing Signals and Disk.
d. Flashing Signals with Cantilever.
e. Flashing Signals with Gates.
f. Flashing Signals with Cantilever and Gates.
g. X Relocate existing signal devices:
( 1 ) _ (With-Without) addition of Gates.
(2) _ (With-Without) synchronization with highway traffic signals.
(3) _ (With-Without) constant warning time.
F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS
1 . X By Others ( FDOT or Contractor Company. )
2. By Railroad Company.
G. AUTHORITY REQUESTED: (Draft attached: Q Yes 0 No. )
i . X Agreement (Third Party Participating Indian River County )
2. _ Supplemental Agreement No.
3. Crossing Permit.
4. Estimate for Change Order No.
5. Letter of Authority.
6. Letter of Confirmation (No Cost to Department).
H. OTHER REMARKS:
Signal installation target date to be discussed
Negotiations to be completed by:
Signal installation target date:
Synchronization: (Draft attached 0 Yes No. )
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725 09 1
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES RAIL
OGC - 01"
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RAN NUMBER FAP NUMBER
23087215701 16th St./17th St. INDIAN RIVER 71 (2150)
COMPANY NAME: Florida East Coast Railway L. L.C .
A. FDOT/AAR XING NO. : 272195-P RR MILE POST TIE: 228 + 118'
B. TYPE SIGNALS PROPOSED IV CLASS III DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST'
I Flashing Signals - One Track $2, 086 . 00
11 Flashing Signals - Multiple Tracks $2, 760.00
III Flashing Signals and Gates - One Track $3, 146 . 00
IV Flashing Signals and Gates - Multiple Tracks $3,950. 00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011
Public Railroad-Highway Grade Crossing Costs
EFFECTIVE DATE: July 22, 1982
GENERAL AUTHORITY: 334.044, F. S.
SPECIFIC LAW IMPLEMENTED: 335 . 141 , F. S.
'This schedule will become effective July 1 , 2006 and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U . S. Department of Labor.
7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7Ib08053 // �
RESOLUTION OGC - tl AIL aa`
GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES, FUTURE RESPONSIBILITY
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR
RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID
CROSSINGS AND DEVICES; PROVIDING FOR THE FUTURE EXPENDITURE OF FUNDS; AND PROVIDING WHEN
THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. 2006 - 097
WHEREAS , the State of Florida Department of Transportation is constructing, reconstructing, or otherwise
changing a portion of the public road system, on 16th STREET / 17th STREET
which shall call for the installation and maintenance of railroad grade crossings and traffic control devices for railroad
grade crossings over or near said highway; and
Commissioners of
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY INDIAN RIVER
COUNTY, FLORIDA:
That INDIAN RIVER County enter into a RAILROAD REIMBURSEMENT AGREEMENT
with the State of Florida Department of Transportation and theFLORIDA EAST COAST RAILWAY Company
for the Installation and maintenance of certain grade crossings and traffic control devices for grade crossings designated
as Financial Project ID FM# 230872-1 -57-01 on 16th. STREET / 1Z th STREET which crosses the
right of way and tracks of the Company at FDOT/AAR Crossing N027Y198-P located in
INDIAN RIVER COUNTY Florida; and
That the County assumes its share of the costs for future maintenance and/or adjustment of said grade crossings
and traffic control devices for grade crossings as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Chairman and Clerk of the Board of County Commissioners be authorized to execute such agreements
the State of Florida Department of Transportation and theFLORIDA EAST COAST RAILWAY
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption .
Duly Adopted by the County Commissioners of INDIAN RIVER County,
Florida, this lith day of 1111 2006 .
onzed Signal
Name: Arthur R . Neuberger
Title: Chairman
ATTEST: ��� �p�1� DEPUTY CLERK. (SEAL)
Authorized Sig , ature
� - J.K. BARTON V
Name: rd CLERK CIRCUIT .nuRT
Title:
APPROVED AS TO FORM
AND LEGAL SU FICIE C
BY
ILLIAM K. DEBRAAL
ASSISTANT COUNTY ATTORNEY