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HomeMy WebLinkAbout2008-442 (2)0 r F FORM 722-37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION v 7-77 DIVISION OF ROAD OPERATIONS MAY 2O PAGE I qF 6 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING. TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY ��VER(`,OJ (County) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. F A P NO. 88 O00 6607 Hobart Rd. Indian River 1 (X&SD-D) SOS -0004(34) THIS AGREEMENT, made and entered into this day of , 197 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida Fast Coast Railway Company a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine County of St. 4ohns , State of Florida , 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 than 'ng a portion of the State Hi hway System, designated b the DEPARTMENT as Job No. 88000-667 , between SR 505- and Sp SA which crosses at grade the right n �^ rr L located near of wad and track(s) of the COMPANY at FDOT/AAR Crossing Number `- "If '-'6 , )abasso Florida as shown on DEPARTMENT'S Plan Sheet No. 1 attached hereto as a part hereof, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY hereby grants to the DEPARTMENT the right to construct the said Highway at grade, and necessary ap roaches thereto, across its right of wayand over its track(s) at the hereinabove referred to location. rn accordance wi th the terms of the 11 cense agreement between the COMPANY and the COUNTY of December 8, 1965. 2. The COMPANY will provide, furnish or have furnished, all necessary materials required for, and willconstruct or have constructed at DEPARTMENT'S expense a Standard Railroad Crossing TvnP G) _ in accordance with the DEPARTMENT'S Standard Index No. GRR-01 attached 3. It is further agreed mutually between the parties hereto that the grade crossing as recognized by this Agreement: (a) is adequately signalized for the safe operation of the general public. However should future highway traffic conditions warrant additional crossing traffic control - devices FRR W! 722-27 7-77 PAGE 2 OF 6 through use of automatic grade crossing traffic control devices, including signals with or 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 UNDERSTOOD 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 Agreement which will set forth the maintenance responsibility as governed by the applicable State and/or Federal policy at the time of such installation. (b) presently requires the installation of grade crossing traffic control devices and the DEPARTMENT 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 by the DEPARTMENT. The COMPANY 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 DEPART- MENT'S Plans and Standard Index Number 17882 attached hereto and by reference made a part hereof. 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. 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 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. 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 accord- ance with the provisions of this agreement. 4. All work contemplated hereunder shall at all times be subject to the approval of COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT or DEPARTMENT'S Contractor shall give 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 COMPANY'S right-of-way. 5. The DEPARTMENT will require its contractor to reimburse the COMPANY for the cost of watchmen or flagging service when the contractor is carrying out work adjacent to the COMPANY'S tracks, and whenever the contractor is performing work requiring the movement of employees, trucks and other equipment across the tracks of the COMPANY, or when at other times the COMPANY and DEPARTMENT shall agree that such service is necessary. Such costs shall be accrued as specified in Paragraph 8, and, within one hundred eighty (180) days following the comple- tion of work by the DEPARTMENT'S contractor, shall be billed directly to the DEPARTMENT for rebilling and collection from the highway contractor prior to the payment thereof. 6. The DEPARTMENT will require its contractor to furnish Railroad Protective Public Liability Insurance providing for a limit of not less than $ 2.00,00 r all damages arising out of bodily injuries to or death of one person, and, subject to that limit for each person, a total limit of FORM 722-37 7-77 PAGE 3 OF 6 $ 2,000,000-00 for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence and regular Protective Property Damage Liability Insurance providing for a limit of not less than $ ' 1.20 n • • }'' for all damages arising out of injury to or destruction of property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $ 2,000,000 for all damages arising out of injury to or destruction of property during the policy period. Such insurance to be in the form set out in Attachment 1, Subsection 2 of the standards for protective insurance required by the U.S. Department of Transportation Federal highway Administra- tion Federal Aid Highway Program Manual Volume 6, Chapter 6, Section 2, dated October 25, 1974, and any supplements thereto or revisions thereof. 7. 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 the Western Union Telegraph Company on 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 8. 8. 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 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, and Rule 014-46.02 "Responsibility for the Cost of Railroad/Highway Crossings," Florida Administrative Code dated February 3, 1971, X; (b) Federal Highway Administration Federal Aid Highway Program Manual Volume 1, Chapter 4, Section 3; and Volume 6, Chapter 6, Section 2, dated April 25, 1975, 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. 9. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it 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. 10. 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 cost thereof in the amount of $ 17,476. 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 subse- quent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 11. 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. FORM 722;37 7-77 PAGE 4 OF 6 12. The COMPANY has determined that the method to be used in developing the relocation or adjustment cost shall be as specified for the method checked and described hereafter: XX (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$ , 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 $10,000.) 13. The installation and/or adjustment of the COMPANY'S facility as planned (lrtUX will not) involve additional work over and above the minimum reimbursable requirements of the DEPART- MENT. (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 indentify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. __(c) $ credited for (betterment) and/or (expired service life) and/or (nonreimbursable segments) in accord with Article 12.(c) herein above. 14. 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 adjustment work. 15. 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. 16. 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 FORM 722-37 7-77 PAGE i OF 6 services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall he 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 provision 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. The DEPARTMENT shall retain ten percent from any progress payment. 17. Should the use of said Crossing be abandoned, then all rights hereby granted to COUNTY shall thereupon cease and terminate and COUNTY will, as its sole cost and in a manner satisfactory to the COMPANY, remove said Crossing and restore COMPANY'S property to the condition previously found, provided that COMPANY may, at its option, remove the said Crossing and restore its property, and COUNTY will, in such event, upon bill rendered, pay to COMPANY the entire cost incurred by it in such removal and restoration, provided such costs are accrued as specified in Paragraph 8. 18. The COMPANY covenants to indemnify, defend, save harmless and exonerate the DEPARTMENT of and from all liability, claims and demands arising out of the work undertaken by the COMPANY pursuant to this agreement, due to the negligent actions, delays or omissions done or committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting, however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions done or committed by the DEPARTMENT, its subcontractors, employees, agents or representatives, which loss, damage or injury shall be borne by the DEPARTMENT except as otherwise covered by bonds or insurance. 19. The COMPANY grants the DEPARTMENT the right to. (a) Modify turning radafi in Railway Right of Nay as shown on attache plans and by this reference made part of the agreement. (b) Construct endwalls S-27. 5-300 5-31 and 5-32 according to Department's Index D.S.E.-01 in Railway Right of Way per attached plans. (c) install 69' of 24" R.C.P. across roadway and parallel to tracks in Manner satisfactory to your Division Engineer. Paragraph 10 added prior to the execution by the parties hereto. l a. . 3RM 781,57 7-77 �: FORM 722-70 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ' 7-77 DIVISION OF ROAD OPERATIONS PACE I OF I COUNTY RESOLUTION GRADE CROSSING, TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. F A P NO. 88 000 1 6607 lHobart Rd. Indikn Riva 1 (X&SD-D} SOS -©004(34) 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 EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION N0. 79'32 ON MOTION OF Commissioner Alma Lee Loy , seconded by Commissioner Patrick B- T.Tnns, the folli.wing RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion gi the State Highway System, between SR 505 A and 5A , 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. Ind JHEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF COUNTY, FLORIDA: That Indian River County enter into a RAILROAD REIMBURSEMENT AGW�JENT with the State of Florida Department of Transportation and the Y. Company for the installation anrl• maintenance of certain grade HCXo and Rd traffic control devices for grade crossings designated as Job No. 2000-XfW on which crosses the right-of-way and tracks of the Company at FDOT/AAR Crossing Number --" , located near a! (SSQ , Florida; and, That is estimated to be and the same is declared to be a proper expense uction by the County for the construction of said railroad grade crossing and the same is hereby approved, upon receipt by the State of Florida Department of Transportation of invoices submitted in the proper manner covering said Job, for payment from secondary funds accrued to the credit of this County; and, That the County assume 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 Paragraphs 2 and 3 of the RAILROAD REIMBURSEMENT AGREEMENT; and, That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into st� ,agreements with the State of Florida Department of Transportation and the .7• Company as herein described; and, That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by of IndiA.n RiverCounty, Florida, arc , 197 a ATTEST: Clerk of the Board of CountyL4mmissioners the Board of County Commissioners in regular session, this 21 s.t day of Chairman of the Board of C. u46ty Co issione " '•,, r FORM 722-46 7-77 PAGE I OF i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF ROAD OPERATIONS RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. F A P NO. 88 000 6607 Hobart Rd. Indian River 1 (X&SD-D) SOS -0004(34) AGENCY FLORIDA EAST COAST RAILWAY COMPANY A. JOB DESCRIPTION & LOCATION: Real i gn and modify Hobart Road B. TYPE OF ROADWAY FACILITY: 2 -Lane Rural C. FDOT/AAR XING NO.: 272170-0 RR MILE POST TIE: 220.7 D. TYPE SIGNALS PROPOSED: I CLASS I 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 $ 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. SPECIFIC LAW IMPLEMENTED: 338.21, F.S. FORM 722-05 STATE OF FLORIDA DEPAR'T'MENT OF TRANSPORTATI 7-77 DIVISION OF RdAO OPWRATIONS PACE I OF I UTILITY/RAILROAD RELOCATION SCHEDULE COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. 88 000 6607 Hobart Rd. Indian River' 1 (X&SD-D) FsoS-0004(34) AGENCY FLORIDA EAST COAST RAILWAY COMPANY A. 43 C0 19 E.. Facilities Involved (Detail as to Type and Location): Type I, C1assI R.Y. warning devices on Hobart Rd. at Ry. MP: 220.7 near Wabasso, Fla. Crossing No.: 272170-U Relocation Work Anticipated (Describe and Relate to Location on Project): Relocate existing warning devices to accommdate widening of Roadway in accordance with Department's index 17882w;i1, Mer.dd ;a;�a �GtPsT Anticipated Relocation Schedule (Based on normal schedule and 5 -day work week): ITEM CALENDAR DAYS ESTIMATED Preliminary Engineering Material Procurement 10 Right of Way Acquisition Contract Negotiations (for utility/railroad work) Other Construction (actual utility/railroad relocation time at job site) ESTIMATED MAXIMUM TOTAL ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD (Allow for concurrent activities) ESTIMATED MINIMUM TOTAL * See Highway Contract Special Provisions Special Notation(s) to be included in Highway Contract Special Provisions: 30 5 L 48 This AGENCY proposes to commence actual relocation and/or adjustment work: (Check one) ❑ prior to highway contract advertisement, and relocation should be % complete by date of preconstruetion conference. ❑ concurrently with project advertisement. U concurrently with commencement of highway construction. Days Days The above data is based on construction plans and schedules prepared by the DEPARTMENT, and, therefore, is furnished for informational purposes only. This AGENCY is not responsible for circumstances beyond its normal control. However, the AGENCY will endeavor to fully cooperate with the DEPARTMENT, and its Contractor, in clearing the project right of way as expeditiously as possible. The AGENCY'S Field Representatives can be contacted at: Telephone Number: SUBMITTED FOR THE AGENCY BY: 11. E. Webb - Supt. S&C-FEC Date: DEPARTMENTAL APPROVAL BY: Mike J. Dross Date: EPiAM Utilit , � ngineer /a -/ 7- 71? DEC 2 01978 FORM 722-05 STATE OF FLORIDA DEPARiTME"'."'OF TRANSPORTATION 7-77 DIVISION OF ROAD &ERATIONS PAGE 1. OF 1 UTILITY/RAILROAD RELOCATION SCHEDULE COUNTI. SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. 88 000 6607 Hobart Rd. Indian River 1 (X&SD-D) SOS -0004(34) AGENCY FLORIDA EAST COAST RAILWAY COMPANY A. 5V V E. Facilities Involved (Detail as to Type and Location): Type IV' at -grade at Ry MP: 220.7 on Hobart Rd. near Wabasso, Fla. Crossing No.: 272170-U Relocation Work Anticipated (Describe and Relate to Location on Project): Reconstruct existing crossing to accommodate widening of Roadway in accordance with Department's index GRR-01. Anticipated Relocation Schedule (Based on normal schedule and 5 -day work week): ITEM CALENDAR DAYS ESTIMATED Preliminary Engineering Material Procurement 20 Right of Way Acquisition Contract Negotiations (for utility/railroad work) 30 Other Construction (actual utility/railroad relocation time at job site) ( 5 }* ESTIMATED MAXIMUM TOTAL 65 Days ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD (Allow for concurrent activities) ESTIMATED NIINIMUnI TOTAL 45 Days * SeP Highway Contract Special Provisions Special Notation(s) to be included in Highway Contract Special Provisions: This AGENCY proposes to commence actual relocation and/or adjustment work: (Check one) ❑ prior to highway contract advertisement, and relocation should be % complete by date of preconstruction conference. ❑ concurrently with project advertisement. ❑ concurrently with commencement of highway construction. The above data is based on construction plans and schedules prepared by the DEPARTMENT, and, therefore, is furnished for informational purposes only. This AGENCY is not responsible for circumstances beyond its normal control. However, the AGENCY will endeavor to fully cooperate with the DEPARTMENT, and its Contractor, in clearing the project right of way as expeditiously as possible. The AGENCY'S Field Representatives can be contacted at: Telephone Number: SUBMITTED FOR THE AGENCY BY: R • W. Fondren, Chief Fng - - FFC Date: 12/28/78 Mike J. Dross i /t1.'9�� ' ' DEPARTMENTAL APPROVAL BY: ��', 4t: Date: AXM-XUti1ii n-gineer