HomeMy WebLinkAbout2008-160STATE OF FLORIDA DEPARTMENT OF TRANSPCRTATION
COUNTY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
]25-090.55
RAIL
10198
FINANCIAL PROJECT NO.
ROAD NAME OR NUMBER
COUNTY NAME
PARCEL & RIW NUMBER
FAP NUMBER
42428015701
12th Street
INDIAN RIVER
OOS4-0045-J
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND
ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. 2008-160
ON MOTION OF Commissioner
seconded by Commissioner Joseph E. Flescher
RESOLUTION was adopted:
, the following
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing
a portion of the Public Road System, on 12th Street
which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade
crossing over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF Indian River
COUNTY, FLORIDA,
That Indian River County enter into a RAILROAD REIMBURSEMENT AGREEMENT with the
State of Florida Department of Transportation and the Florida East Coast Railway LLC
Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial
Number 424280-1-57-01 on 12th Street which crosses the right of way and tracks of the
Company at FDOTlAAR Crossing No. 272196-W located near Vero Beach
Florida; and
That the County assume it's share of the costs for future maintenance and adjustment of said grade crossing
control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Chairman and Clerk of the Board of Commissioners be authorized to enter into such agreements
with the State of Florida Department of Transportation and Florida East Coast Railway, LLC.
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the Board of County Commissioners of Indiai
County, Florida, in regular session this 23rd day of September
Wesley S. Davis, Vi
ATTEST: (SEAL)
Jerk of the Board of County Commissioners
"d tM r �
dnvt1111ktl\t
APPROVED AS TO FORM
ANDLEGALS FF IEN
BA&S
WILLIAM K. DEBRAAL
DEPUTY COU NTYATTORNEY
THIS LICENSE AGREEMENT, to be effective from the X
day of �%�Lfi , 1985, is between the FLORIDA EAST
COAST RAILWAY -COMPANY, (Address: Post Office Drawer 1048, St.
Augustine, Florida 32084), a Florida corporation, hereinafter
called "RAILWAY", and INDIA RIVER COUNTY, a political
subdivision of the State of,Florida, acting by and through its
Board of County Commissioners, (Address: 1840 25th Street,
Vero Beach, Florida 32960) hereinafter called "SECOND PARTY";
WITNESSETH:
That the RAILWAY, for valuable consideration and the
covenants and agreements herein contained to be performed and
kept by the SECOND PARTY, does hereby give and license unto
the SECOND PARTY the right and privilege to use, for public
at -grade road crossing purposes only, that part of the
right-of-way and property of the RAILWAY at the location
described as follows, and hereinafter referred to as the
"crossing site":
A parcel of land with a uniform width of one
hundred (100) feet northerly and southerly
and extending easterly and westerly across
the right-of-way and main track of the Rail-
way at 12th Street in Vero Beach, Florida,
and with a longitudinal center line of said
parcel located three thousand four hundred
eighty three (3,483) feet southerly from the
Railway's Mile Post No. 228 from Jackson-
ville, Florida, said right-of-way of the
Railway having a total width of one hundred
(100) feet at this location, being fifty
(50) feet in width on both sides of the
center line of said main track.
All as shown colored in green on the attached
Drawing No. 550 (M.P. 228 + 3,483'), dated
November 27, 1984, attached hereto and made a
part hereof.
TO HAVE AND TO USE the crossing site for the term
provided
in Paragraph
2,
or until terminated as hereinafter
provided.
The status
of
the SECOND PARTY is that of a
licensee
and not lessee.
It has the right to use the crossing
site as
specified herein,
but legal possession of the crossing
site shall
remain with
the
RAILWAY.
In consideration of the granting of this Agreement by
the RAILWAY, the SECOND PARTY covenants and agrees with the
RAILWAY as follows:
1. That the crossing site shall be used for public
at -grade road crossing purposes only across the RAILWAY'S
right-of-way and tracks, and except as herein provided, no
pipe, wire, rail, or other line or structure shall be placed
in or on the crossing site without the previous consent in
writing of the RAILWAY. SECOND PARTY further agrees that the
crossing site, together with the additional portions of the
RAILWAY'S right-of-way within 300 feet of the northerly and
southerly limits of boundaries of the crossing site, will at
all times be kept clear of any vegetation or other growth
greater than two feet in height on each side of the tracks at
the expense of SECOND PARTY and without cost to RAILWAY or
lien upon RAILWAY'S property.
2. This Agreement is for the term of one (1) year., if
SECOND PARTY holds over and remains in possession after the
expiration of such term or of any renewals thereof, this
Agreement shall be considered as renewed unless sixty (60)
days' written notice of the termination of same has been or
9
is given by the RAILWAY and shall continue in effect from
I
year to year, subject to the same terms and conditions as
herein contained.
3. The provisions and stipulations of this Agreement
are a part of the consideration of the licensing of the
crossing site, and in the event the said SECOND PARTY shall
fail to comply with any of the covenants and conditions, then
this Agreement shall be void and shall terminate with full
right on the part of the RAILWAY to re-enter, repossess, and
remove the crossing if it shall elect to do so.
4. The SECOND PARTY hereby grants unto the RAILWAY
necessary permits for the installation, construction,
erection, repair, and maintenance of any of the RAILWAY owned
or maintained facilities described in this Agreement.
5. Unless otherwise specified, the cost of removal,
installation, construction, maintenance and replacement of
all facilities at the crossing site, including but not
limited to the crossing structure and railroad and highway
devices, whether performed by the SECOND PARTY or RAILWAY,
shall be the sole responsibility of the SECOND PARTY.
Further, cost for annual maintenance of the railroad devices
as defined in Paragraph 8, shall be the sole responsibility
of the SECOND PARTY. The RAILWAY may,'at its option, perform
such maintenance and replacement work and bill the SECOND
PARTY directly for costs thus incurred that are the
responsibility of the SECOND PARTY. Costs for annual
maintenance of any railroad devices, shall be identical to
those set forth in the "Schedule of Annual Cost of Automatic
Highway Grade Crossing Traffic Control Devices" of the
3
Florida Department of Transportation, as amended in the
future. A current copy of said Schedule is attched hereto
and by this reference made a part hereof.
5.(a) SECOND PARTY is hereby notified that the area to
be occupied by the proposed structures herein may contain
one or more subgrade cables or communication wires running
parallel to the tracks and owned by the RAILWAY or third
party Lessees of the RAILWAY. It shall be necessary to
extend the encasement pipes surrounding and supporting the
fiber optic cable system installed at this location. The
SECOND PARTY will bear all costs of labor and materials
required to extend said casing pipes.
6. The RAILWAY shall widen, and replace the existing
24' wide Type "G" crossing structure with a new 94' wide Type
"T" modified concrete crossing structure hereinafter referred
to as "STRUCTURE", at the sole cost of the SECOND PARTY.
When the RAILWAY determines that$the replacement of the new
STRUCTURE is more economical than its continued maintenance,
the RAILWAY shall have the exclusive option to replace the
STRUCTURE with a comparable or improved facility. The
replacement and maintenance costs of the new structure shall
be the sole responsibility of the SECOND PARTY. The SECOND
PARTY at its sole expense shall construct, maintain and
replace the remainder of the road inside the RAILWAY'S right
of way, plus any paving which may be located between the ends
of the ties. The RAILWAY shall provide a flagman at said
crossing site while work is being performed by the SECOND
PARTY under the provisions of this Agreement, at the total
expense of the SECOND PARTY.
7. The SECOND PARTY agrees, acknowledges and under -
4
stands that the RAILWAY reserves the right to make any
desired changes at any future time in.its existing tracks or
other facilities, including the installation, maintenance and
operation of any additional track, or tracks, or other
facilities, on its right-of-way at the crossing site. The
SECOND PARTY agrees to bear the total expense of any changes,
or additions to the pavement, railroad devices, other rail-
road signalization equipment, and crossing structure at the
crossing site whether these changes or additions are required
by law or order of any public or judicial authority, done
voluntarily by the RAILWAY, or requested by the SECOND PARTY.
8. The RAILWAY shall installer maintain and replace
flashing lights, bell and gates (Class III, Type IV), referred
to jointly as "railroad devices" at the crossing site. SECOND
PARTY shall pay unto RAILWAY the cog o installation and,
annual cost of maintenance of said automatic crossing
protection devices as provided in the Florida Department of
Transportation's.SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY
GRADE CROSSING TRAFFIC CONTROL DEVICES as may be amended, said
sum for annual maintenance currently being $,28„(, (. The
aforementioned railroad devices are owned by the RAILWAY, and
shall remain at the crossing site until it is agreed between
the parties that the railroad devices are no longer needed or
other legal requirements are imposed which shall eliminate or
substantially change the operation of the railroad devices.
9. The SECOND PARTY agrees that it will construct, in-
stall, maintain and replace all necessary drainage facil-
ities to prevent the accumulation of surface water due to the
to the existence of the crossing site. Such facilities must
first be approved by the RAILWAY and any other governing bod-
ies having jur9�" ction thereof and operation of the facili-
ties shall also be subject at all times to their approval. An
II additional license agreement may or may not be required by
the RAILWAY, depending upon the type, size, depth and other
specifications of the proposed facilities, as submitted to
the RAILWAY.
10. Lighting facilities
assessments'
adequate
to
comply
with the
requirements of the laws
of
the State
of
Florida
covering
illumination of road crossings shall be installed, main-
tained, and' replaced at or near the crossing site by the
SECOND PARTY and at its sole expense.
11. The SECOND PARTY further covenants to pay, either
directly or upon bills presented unto SECOND PARTY by the
RAILWAY within thirty (30) days after presentation of the
same, all bills for electricity for the lighting and illumin-
ation of the crossing site.
12. At the termination of this Agreement for any cause,
or upon termination of the SECOND PARTY'S use of the crossing
site as herein described, the SECOND PARTY shall remove, at
its entire cost and expense, said road and all non -RAILWAY
owned improvements placed upon the RAILWAY'S right-of-way and
restore the ground to its original condition.
13. SECOND PARTY shall indemnify and hold harmless the
RAILWAY for
assessments'
or
other
charges
of
any kind
whatso-
ever against
the RAILWAY
at
any
time for
any
portion
of
public
improvements
installed
on or within
two
hundred (200)
feet
of
the crossing
site or
arising out
of
the
existence
of
the crossing site.
19. The SECOND PARTY shall not take any action that will
prevent or tend to restrict the operations of trains over the
crossing site.
6
15, The SECOND PARTY will include in any contract which
it may let for the whole or any part of said work to be per-
formed hereunder by or for the SECOND PARTY, each and every
of the following terms and conditions of the two pages
attached hereto, and by this reference made a part hereof,
entitled, "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY
COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO
CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY
INSURANCE POLICIES DURING SUCH INDEMNITIES" and "INSURANCE
FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE
OBTAINED, KEPT IN FULL FORCE AND EFFECT AT COST OF
CONTRACTOR".
16. SECOND PARTY shall give the RAILWAY one (1) week's
advance notice when the SECOND PARTY or its contractor or
anyone claiming under this Agreement proposes to enter upon
the crossing site to perform work under this Agreement in
order that proper warning may be provided for trains, except
that in emergency situations SECOND PARTY shall only be
required to give the RAILWAY such advance notice as is
practicable under the circumstances.
17, After the crossing structure portion of the crossing
site has been widened and the railroad devices have been
installed and all other work to be performed by the RAILWAY
under this Agreement has been completed and found to be in
Satisfactory working order by the RAILWAY; the RAILWAY shall
furnish to the SECOND PARTY a statement showing the total
cost of material, labor and equipment furnished by the
RAILWAY, which statement is agreed to be prima facie reason
7
able, and said cost to the SECOND PARTY being hereby estima-
ted to be $197,000.00, as shown by the estimates of the
RAILWAY'S Engineering and Signal Departments, which are
attached to this Agreement and by this reference made a part
hereof. The cost of a flagman is not included in the total
estimate, nor is the cost of paving, drainage, barricading,
rerouting traffic, nor the cost of extending the encasement
of fiber-optic cables located upn the Railway's right-of-way;
all of such costs are to be paid by the SECOND PARTY.
18. Installation, maintenance and replacement of any and
all railroad advance warning signs and pavement markings on
any road approaching the crossing site shall be the sole
responsibility of the SECOND PARTY, and at its sole expense.
19. If any provision or provisions of this Agreement
shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired
thereof.
20. This Agreement will be governed by the laws of the
State of Florida. It constitutes the complete and exclusive
statement of the Agreement between the parties which super-
sedes all proposals, oral or written, and all other communi-
cations between the parties related to the subject matter of
this Agreement. Any future change or modification of this
Agreement.must be in writing and signed by both parties.
21. It is understood by and between the respective
parties hereto that this License Agreement cancels and
supersedes that certain Railroad Reimbursement Grade
8
Crossing and Traffic Control Devices Transfer Agreement
between the RAILWAY, STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION and INDIAN RIVER COUNTY, dated
IN WITNESS WHEREOF, the RAILWAY and the SECOND PARTY have
each caused this instrument to be executed in their corporate
names and respective seals to be hereunto affixed in dupli—
cate the day first hereinafter written by their undersigned
officials thereunto lawfully authorized.
Signed, sealed and
delivered in the
presence of:
2ii_ ���
witnesses as to
Railway
FLORIDA EAST
a Flor-ida 26
BY(, Jit l 0
Pre
ATTEST:
Ass
RAILWAY COMPANY,
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spa 9t
istan ec
DATE: y-lo-gg-
(SEAL)
INDIAN RIVER COUNTY, a political
subdivision of the State of
Florid acting by and through
its ar of County Commissioners.
C-�jt,CattCp� Y• _(SEAL)
J GC/0 GL LSa�LI L EST:, f y/
1 sses as Eo
Se nd Party DATE:
Approved as Pc Io; rn
and legal sutlid6ncy
_LkI:CUTi
y county r1% F 1.,y
a + s3s� • x ._mss;, ,. 9
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STATE OF FLORIDA CEPARTMENT OF TRANSPORTATION
725090-27
RAILROADRAILROAD REIMBURSEMENT AGREEMENT RAIL
GRADE CROSSING TRAFFIC CONTROL DEVICES - COUNTY DOC -ovm
FINANCIAL PROJECT NO. ROAD NAME OR N1116ER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER
42428015701 12th Street INDIAN RIVER
OOS4-0045-J
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
DEPARTMENT, and Florida East Coast Railway. LLC.
a corporation organized and existing under the laws of Florida
with its principal place of business in the City of Jacksonville
State of Florida
, County of Duval
, hereinafter called the COMPANY; and INDIAN RIVER
County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners,
hereinafter called the COUNTY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road
System, designated by the Financial Project ID42428015701
on 12th Street , which crosses at grade the right of way and
tracks of the COMPANY'S Milepost 228 + 3486'
FDOT/AAR Crossing Number 272196-W
, at or near Vero Beach
as shown on DEPARTMENT'S Plan Sheet No. Location Map attached hereto as a part hereof; and
NOW. THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree
as follows:
1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals
Type IV Class III and/or other traffic control devices at said location on an actual cost basis
and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the
DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof.
2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the
same shall be borne by the COUNTY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the
Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part
hereof and subject to future revision.
After said signals have been installed and found to be in satisfactory working order by the parties hereto,
the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or
its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties
hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which
shall cease operation of signals thereat.
725-090-27
RAIL
OGC . 01107
The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the
COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities
shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any
additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above.
4. Unless otherwise agreed upon herein, the COUNTY agrees to insure that at the crossing the advance
warning signs and railroad crossing pavement markings will conform to the U.S. 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.
5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road
in accordance with the provisions set forth in the:
❑ (a) DEPARTMENT Procedure No. 725-080-002 Appendix D.4, and Rule 14.57.011 'Public
Railroad -Highway Grade Crossing Costs", Florida Administrative Code.
® (b) Federal Highway Administration Federal -Aid Policy Guide, 23 C.F.R. Subchapter G, Part 6466,
Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I,
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY
further agrees to do all of such work, with its own forces or by a contractor paid under a.contract let by the COMPANY, all
under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable.
6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the
installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix
D-4 "Billing Requirements," 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.
7. 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 itemized estimate of the cost thereof in the amount
of $ 37,880.00 . 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.
8. 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 direct to the DEPARTMENT. Separate records as to the costs of
contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the
DEPARTMENT.
]25-090-27
,IL
OGC - 01V0]
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 hereafter:
® (a) Actual and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
❑ (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 $ 0.00 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 $100,000.)
10. The installation and/or adjustment of the COMPANY'S facility as plannedo will QQ will not
involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or
nonreimbursable 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):
❑ (a) % will be applied to the final billing of work actually accomplished to determine
required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments).
❑ (b) All work involving nonreimbursable segments will 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 the COMPANY'S plans and estimates for the total work covered by this
Agreement.
❑ (c) $ 0.00 credited for O betterment O expired service life
O nonreimbursable segments in accord with Article 9.(c) hereinabove.
11. It is specifically agreed by and between the DEPARTMENT 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
installation and/or adjustment work.
12. 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 cost of
adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph.
72&090-27
RAIL
OGO - 01107
13. 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 the items contained in the estimate
attached hereto. The totals for labor, overhead, 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 is 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 shall 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 as approved by the DEPARTMENT'S auditor.
14. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the DEPARTMENT's Comptroller under Section 334.044(29), F.S., or by the Department
of Financial Services under Section 215.422(14), Florida Statutes (F.S.).
15. 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 preaudit and postaudit thereof.
16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in
accordance with DEPARTMENT Rule 14-57.011 "Public Railroad -Highway Grade Crossing Costs" and the Federal
Administration Federal -Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work."
725 ago -27
qua
OGC -01197
17. In accordance with Section 215.422, Florida Statutes, the following provisions are in this Agreement:
Contractors 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 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 the invoice'is received or 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 will 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
Department of Financial Services Hotline, 1-800-848-3792.
18. 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 five years after final payment is
made. Copies of these documents and records shall be furnished to the Department upon request. 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.
19. 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)(a), 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 into 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
725-090-27
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OGC-01107
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.
20. In accordance with Section 287.133 (2)(a), 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 of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provide in
s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
21. In accordance with Section 287.0582, Florida Statues, the following provisions are included in this
Agreement:
The Department's obligation
to pay under this contract is contingent
upon an annual appropriation
by the
Florida Legislature.
00 The l`OMPAw GqvenaRts
and an.nco that'! 'll' d 'fl n
ld Ih harrnlocc the DEPADTAACNT
23. Paragraph 22 stricken prior to execution by all parties.
24. The parties expressly agree that this Agreement neither novates nor supercedes that certain License
Agreement between Florida East Coast Railway LLC and Indian River County effective May 8, 1985 (the "License
Agreement"). In the event of conflict between any term or provision of this Agreement and any term or provision
of the License Agreement, the terms and provisions of this Agreement shall govern and control. After complete
performance by the parties in accordance with the terms of this Agreement, this Agreement shall expire and have
no further force or effect.
725-090-2]
R 1,
OGC - 01107
IN WITNESS WHEREOF, the parties
hereto have caused these presents to
be executed by their
duly authorized
officers,
the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
0
(TITLE: Director of Transportation Development )
COMPANY: Florida East Coast Railway, LLC.
BY:
Indian River - COUNTY, FLORIDA
BY:
(TITLE: Wesley S. Davis, Vice -Chairman )
Legal Review
BY:
Approved as to Funds
Available
BY:
Attorney - DOT Date Comptroller - DOT
Approved as to FAPG
Requirements
_ BY: NIA
Date FHWA Date
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WORK DESCRIPTION
GRADE CROSSING TRAFFIC CONTROL DEVICES
72s -093u9
RAIL
05,02
FINANCIAL PROJECT NO.
ROAD NAME OR NUMBER
COUNTY NAME
PARCEL & PFW NUMBER
FAP NUMBER
42428015701
12th Street
INDIAN RIVER
e.
00 4-0045-J
A.
B.
C.
D.
E.
RAILROAD COMPANY
Florida East Coast Railway, LLC
JOB DESCRIPTION & LOCATION: Recorder, LE
TYPE OF ROADWAY FACILITY:
FDOT/AAR XING NO.: 272196-W
TYPE CROSSING PROPOSED: IV
wl service pole
RR MILE POST TIE: 228 + 3486'
CLASS: III DOT INDEX NO.: 17882
STATUS AND PROPOSAL:
1. EXISTING DEVICES: (See Agreement dated
a.
-New Crossing.
b.
_None
Crossbuck and Disk.
C.
Flashing Signals with Disk.
d.
_
Flashing Signals with Cantilever.
e.
Flashing Signals with Gates.
f. XX Flashing Signals with Cantilever and Gates
2. PROPOSED DEVICES: (Safety Index Rating 51.89 )
a. No revision required.
b. _Crossbuck and Disk.
C. _Flashing Signals and Disk.
d. _Flashing Signals with Cantilever.
e. Flashing Signals with Gates.
I. XX Flashing Signals with Cantilever and Gates.
g. 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. N/A By Others( Company.)
2. N/A By Railroad Company.
G. AUTHORITY REQUESTED: (Draft attached: O Yes OO No.)
1, XX Agreement (Third Party Participating Indian River, FL )
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:
Negotiations to be completed by:
Signal installation target date:
Synchronization: (Draft attached 0 Yes (9) No.)
STATE OF FLORIDA DEPARTMENT OF T..RANSPORTATION
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
125-090>1
RAIL
OGc - Dime
FINANCIAL PROJECT NO.
ROAD NAME OR NUMBER
COUNTY NAME
PARCEL & RM/ NUMBER
FAP NUMBER
42428015701
12th Street
INDIAN RIVER
$2,760.00
OOS4-045-J
COMPANY NAME: Florida East Coast Railway, LLC.
A. FDOT/AAR XING NO.: 272196-W
B. TYPE SIGNALS PROPOSED IV
RR MILE POST TIE: 228+3486P
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
5 years and
II Flashing
Signals - Multiple Tracks
$2,760.00
Consumer Price Index for all Urban
III Flashing
Signals and Gates - One Track
$3,146.00
Department
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.
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EXCAVATING EQUIPMENT PER DAY $181.00 4 DAYS $723.00
EQUIPMENT RENTAL PER DAY $125.00 4 DAYS $500.00
FOREDIAN'S TRUCK PER DAY $35.00 4 DAYS $140.00
GANG TRUCK PER DAY $63.00 4 DAYS $252.00
SUPERVISORS TRUCK PER DAY $35.00 4 DAYS 40.00
EQUIPMENT TOTAL
$1,756.00
ENGINEERING $1,G00.G0 1 51,000 00
ENGINEERING TOTAL
$1,000.00
CONSTRUCTION SUPERVISION $312.00 4 DAYS $1,248.00
LABOR ADDITIVE
695.0
SUPERVISION TOTAL $1,943.00
LABOR PER DAY $1,188.90 $9,756.00
NUMBER OF DAYS 4 ,
LABOR ADDITIVE
52,776 00
TOTAL LABOR
$7,532.00
GANG EXPENSES PER DAY $602.00
NUMBER OF DAYS 4
TOTAL GANG EXPENSES
$2,408.00
SUB -TOTAL
CONTINGENCIES 53
$36,075.55
$1,804.00
TOTAL
$37,880.00
272196W s
DATE:
06/21/07
[
FILE:
10.2
TYPE:
IV
CLASS:
III
FLORIDA EAST COAST RAILWAY
N0. OF
DAYS:
4
OFFICE OF THE GENERAL MANAGER
AAR
/
DOT 4:
272196W
OF SIGNALS AND COMMUNICATIONS
MILE
POST:
228+3480"
Project
Type:
FDOT
ESTIMATED COST FOR HIGHWAY CROSSING
WARNING DEVICES AT
12th
STREET VERO BEACH.
This estimate should be considered
void after one (1)
year.
MATERIAL
UNIT
COST
UNITS
TOTAL
COST
12" RETROFIT LED UNITS
$120.00
14 EA.
$1,680.00
GENERATOR CASE W/ TRANSFER SWITCH
$2,870.00
1
EA.
$2,870.00
MISC. GROUND MATERIAL
$106.55
1 PEG.
$706.55
CABLE
$0.00
1 PEG.
$0.00
POWER SERVICE
$2,000.00
1 EA.
$2,000.00
MONITORING EQUIPMENT
$10,725.00
1
PKG.
$10,725.00
FREIGHT S HANDLING
-
$4,075.00
TAX @ 6.53
$106000
TOTAL MATERIALS
$21,436.55
EXCAVATING EQUIPMENT PER DAY $181.00 4 DAYS $723.00
EQUIPMENT RENTAL PER DAY $125.00 4 DAYS $500.00
FOREDIAN'S TRUCK PER DAY $35.00 4 DAYS $140.00
GANG TRUCK PER DAY $63.00 4 DAYS $252.00
SUPERVISORS TRUCK PER DAY $35.00 4 DAYS 40.00
EQUIPMENT TOTAL
$1,756.00
ENGINEERING $1,G00.G0 1 51,000 00
ENGINEERING TOTAL
$1,000.00
CONSTRUCTION SUPERVISION $312.00 4 DAYS $1,248.00
LABOR ADDITIVE
695.0
SUPERVISION TOTAL $1,943.00
LABOR PER DAY $1,188.90 $9,756.00
NUMBER OF DAYS 4 ,
LABOR ADDITIVE
52,776 00
TOTAL LABOR
$7,532.00
GANG EXPENSES PER DAY $602.00
NUMBER OF DAYS 4
TOTAL GANG EXPENSES
$2,408.00
SUB -TOTAL
CONTINGENCIES 53
$36,075.55
$1,804.00
TOTAL
$37,880.00
272196W s
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LOCATION MAP
Florida East Coast Railway
LOCATION: 12`h Street
FINANCIAL PROJECT NO.: 424280-1-57-01
CROSSING NO.: 272196-W
RAILROAD MILEPOST: 228+3486'
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
OFFICE OF MODAL DEVELOPMENT
DISTRICT 4 RAIL OFFICE
PROJECT SCOPE AND COST ESTIMATE
Financial Project No
FAP No.:
Location:
County:
Crossing No.:
RR MP:
Company:
PROJECT INFORMATION
424280-1-57-01
OOS4-045-J
12`h Street
Indian River
272196-W
228+3486'
Florida East Coast Railway
This project scope and cost estimate was prepared by:
District Aviation & Rail Coordinator
PROJECT SCOPE AND COST ESTIMATE
Recorder, LED's, w/ service pole.
....................................................................... $37,610.00
TOTAL ESTIMATED COSTS ................................. $37,880.00
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