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F014M-122-37 STATE OF M"'L.ORIDA DEPARTMENT OF TRANSPORTATION
7-77:. DIVIEM N OF ROAD OPERATIONS Y
PAGE s RAILROAD RI E: T AGREEMENT
RADE CROSSINGa TRAFFIC T LDEVICES
FUTURE RESPONSIBILITY +
(County)
COUNTY SECTION UTILITY JOB..NO. STATE RAD E Oij COUNTYNAME 6"A RGEL R/W JO Fab t5. F A P�aB�M.
88 O 6607 Hobart Pd. Indian R - S
THIS AGREEMENT, made and entered into this _ day, of , 19'7—,
by and between the STATE OF FLORIDA DEPARTMENT ENT CIT'` TRANSPORTATION,
hereinafter called the DEPARTMENT, and Florida last Coast Railway Company
a corporation organized and existing under the laws of Florida
St. tt
with its principal pl ol"busiriess i the City of
t1 1 n
County of St. cep alms State of F1 ori d , hereinafter called the COMPANY;
and Indian 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
portion of the. State 14' h way System, d,si is d by thy. DEPARTMENT as job cpm 8800 3-666
between S . %- and .. which crosses at grade the right
of wayand track(s) of the COMPANY a FDOTI � R Crossing Number t: � located near
oabasso Florida as shown; on I EPARTyIENT'S Plan Slieet No.
i attached hereto as a Part hereof-,
NOW, TIiERET"ORE, in consideration of the mutual undertakings as herein set Forth, the parties
hereto agree as follows.
T, 'the COMPANY hereby grants to the DEPARTMENT the right to construct the said
Highway at grad;, and necessary ap roaches thereto, across its right of Awaand over its track(s) at the
hereinabove referred.to location.s n e terms 1 n5
between the COMPANY andthe of December , 1965.
2, The, ONIPANY will provide, furnish or have furnished, all necessary materials required
for, and will construct or have constructed at DEPARTMENT'S expanse Standard Railroad Crossing
Type "G" , in accordance with the DEPARTMENT'S Standard Index No. GRR-€ 1 attached
hereto and b this reference made a art hereof.
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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 crossingtraffic eontrol•devices
7.77..
AE 2 OF 8
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 PP. LY 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 Mate
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.ENT. 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 blares and Standard Index Number 17882 attached hereto and by reference
made a part hereof. After installation of said signals is completed,fitty 0percent
of the expense thereof in maintaining the same shall be borne by the COUNTY and
fifty percent shall be borne by the COMPANY, as enumerated by the Schedule o
Annual Cost of Automatic Highway Tirade 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 COMPANYso long as said COMPANY PANY 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 skull be in accord-
ance
cc rrdFance with the provisions of this agreement.
4. t'+rll work contemplated hereunder shall at all tierces be subject to the approval of
COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT or
DEPARTMENT'SContractor shall give COMPANY'S Division Engineer and/or Superintendent at
least seventy-two ) hours notice prior to the performance of any work within the limits of
COMPANY'S right-of¢way.
Via. The DEPARTMENT T 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 foRowing the comple-
tion
o ple-
t on 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 $__11-Lr 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
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7-77
PGF 3 OF 6......
for all damages arisin g out of bodily injuries for or death of two or inure; persons in
any one occurrence and regular Protective Property Damage Liability Insurance providing for a limit
of not less than , for all damages arising out of injure to or ole.str cctio n oaf
propert in any one occurrence and,subject to that limit per occurrence,a total (oar aggregate) limit of
.a for all damages arising out of injury>to car 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 d inistr
tiara federal Aid Highway Program Manual Volume 6, Chapter h, Section 2, dated October 25, 1974,
and any supplements thereto or revisions thereof.
7 The DEPARTMENT will, bear the coast of all temporary and permaxrent changes made
necessary, in the COMPANYS 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 COMPANYS COMPANYproperty,. providozd 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 /loud in accordance with the provisions set forth in the:
—(a) Department Procedure 132-046 "Reimbursement for Utility and Railroad
Relocation," dated October 1, 1973, d Rule,014-46.02 "Responsibility risibility oar the Coast
of Railroad/Highway Crossings,' Florida Addifffistrative Code dated February 3, 1971,
(b) federal Highway Administration federal Aid Highway Program Manual Volume 1,
Chapter 4, Section ; and Volume faChapter h, 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
tinder 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 coasts incurred by it
in the adjustment of said facilities, in accordance with the, provisions of thee 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 inc orrated within this
agreement shallnot be subject topayment by the DEPARTMENT.
Tr
18. Attached hereto, and by this reference made a part hereof, are plans and,specifications of
the work to be performed by the COMPANY Y ur ant to the terms hereof, and an estimate of the:coast
thereof in thea aunt of 1 476. tl All work performed by the COMPANY pursuant
hereto, shall 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
useeluent plan changes shall likewise be approved by the DEPARTMENT ARTMEl T and the Federal Highway
Administration, when applicable.
11. All labor, services, materials and equipment furnished by the COMPANY in carrying out
e work to be performed hereunder shall be billed by the COMPANY'direct tot e DEPARTMENT.
Separate records as to the coasts of contract bid items and force account items performed for the
COMPANY s also be furnished by the COMPANY to the DEPAl1T ENTY
FORM 722,37
7^7T
PAG. . 4 OF
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;
(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 inaccordance with all established
accounting procedure developed by the COMPANY and approved by the
(e) An agreed lump sura ,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.)
11 The installation arad/or adjustment of the C 1IPA V Y'S facility as planned X will not)
involve additional work over and above the minimum reimbursable requirements of the DEPART-
MENT.
EPAR!SIE T. (If upgrading and/or nonreimbursa le work is involved at the option of the COMPANY, [hell
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) anal/car (expired service life) and/or
(rr anrefinbursable segments).
—(b) All work;involving nonrcimbursable 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 CONIPANY*S plans and
estimates for the total work covered by this Agreement.
( credited for (betterment) and/or (expired service; life)
and/or a(nonreimbursable segments) in accord with: Article 12,(c°) herein above.
1 . It is specifically agreed by and between the DEPARTMENT arzd the COMPANY that the
DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrete 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 bowie 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
(ldtl) days, furnish the DEPARTMENT with two ( ) copies of its finial and complete billing of all
costs incurred in connection with the work performed hereunder, such statement to follow as closely
as possible the carder of the items contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and outer
FORM 722.3
7-77
P^GE 6 OF
services shall be shown in such a manner as will permit ready comparison with the approved plans and
estimates. Materials shallbe itemized where 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
ed
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' 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 indicatedReimbursement 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 tot e
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 hall rendered, pay to COMPANY
the entire cost incurred by it in such removal d restoration, provided such costs are accrued as
specified in Paragraph 8.
lld. 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,ent, 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, ents 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 rightto
(a) Modify turning radaii in Railway Righth; on attached
plansand by this referenceagreement.
Construct - gent'
Index . ,-Ol in Railway Rightns
69' " R.C.P.
manner satisfactory tos your DiViSion Engineer.
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FORM 7 -r "STATE OF FLORIDA ORPARTMENT OF TRANSPORTATION'
7-77 DIVISION OF ROA# i R; TION
PACE..N O Y1 RESOLUTION
,.
CROSSING,GRADE TRAFFIC CONTROLTRESPONSIBILITY
'COUNTY TION UTILITY JOB NO.STATE ROAD,NO.1 COUNTY HAMS PARCEL&R/ JOB NO. F P NO.
88 000 6607 Hobart .
A RESOLUTION AUTHORIZING C UTION OF A RAILROAD REIMBURSEMENT AGREEMENT F O THE
CONSTRUCTION CIF'RAILROAD GRADE CROSSINGS,INSTALLATION OF TRAFFIC CONTROL DEVICES FOR
RAILROAD DE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS
D DEVICES; PROVIDING FOR THE EXPENDITURE F FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT,
RESOLUTION -
ON MOTION F Commissioner Alma Zee:Loy ,seconded by
Commissioner lr Ly_ans, the-loll,wing RESOL-LJT16Nwas adopted:
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise than g in g a p o r t i o n g4 the State 11 i ghw ay System,
between SR 505 A andw9 A hich shall call for
the installation and maintenance of railroad grade crossings and traffic control devices for railroad
grade crossings over or near said highway.
EFOR.E, RE IT RESOLVED BY THE. C OV TY COMMISSION
IO
CIF n p verCOUNTY,FLORIDA;
That Indian River County enter into a RAILROAD REIMBURSEMENT
lq ENT with the State of Florida Department of Transportation and
the Company for the installation anA maintenance of certain grade
itm sq traffic control devices for grade crossings designated as Job No.!_8000-1507 can
which crosses the right-of-way and tracks of the Company at FIICIT/AAR
CrossingNumber _s4 ,located near omat s , Florida; and,
That is estimated to be and the same is declared to be a proper expense,
by the County for time 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 time
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 arid/or adjustment of said
grade crossings and traffic control devices for grade crossings as designated ated in Paragraphs 2 and;3 of
the RAILROAD REIMBURSEMENT AGREEMENT; and,
That the Chairman and Clary of the hoard of County Commissioners be`authorized to enter into
s* cements with the State of Florida Department of Transportation and the
Company as herein described,and,
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the Hoard of County Commissioners
of Indian River County, Florida, in regular session, this day of
--March
, I
hairman of the Board ot.+ 6U m saioN r ': .A
ATTEST: �
erk of the Board of Cour Baer
, t
F�,
o
°
6i 122-4$ STATE .n t :LSEFA TMEN�IT..O TRANS C7N TAT +
DIVISION OF ROAD OPERATIONS
1.7T RAILROAD y
PAGE 4 0 1 C 1C CONTROL DEVICES
NNUTALITY408 NO. STATE ROAD Ni COUNTY'MANS PARCEL R/ JO O, F A P NO.
607 N Indian River I (X&SD-D) 4(34
)
AGIZNCY
FLORIDAEAST COAST RAILWAY
A. JOB DESCRIPTION & LOCATION:
� n end 1
B. TYPE OF ROADWAY FACILITY. 2-tans Rural
C. FDOT/AAR, XING .. 272170-U RR MILE POST'CIE: 220.7
TYPE SIGNALS PROPOSED- I CLASS I_ INDEX- I
7882
SCHEDULE OI-0 ANNUAL COST OF AUTOMATIC
HIGHWAY GA. E CROSSING TRAFFIC L DEVICES
Annual Maintenance Cast Exclusive of Installation
CLASS DESCRIPTIONCOST*
Flashing Signals - One Trach 650.00
II Flashing Signals - Multiple Tracks 860.00
Hi Flashing Signals and Gates One Traci980-00
IV Flashing Signals and Gates Multiple Tracks $1,230.00
"Effective February 3, 197I
AUTHORITY, FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE AT" February 3, 1971
GENERAL AUTHORITY: 20.05,;F.S.
SPECIFIC LAW IMPLEMENTED: 338.21,F.5.
FORM izvos STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
7.71 DIVISION Of RdAO OPVRATIONS
FACE r OF I UTIL,ITY/RAILROAD RELOCATION SCHEDULE
COUNTY TION L TlLtTV 308 NO. STATE ROAD NO. COUNTY NAME PARCEL.&R/W JOB NO. PAP No.
88 004 6607 Hobart Rd;. Indian River' I - SOS-0004(34)
AGENCY
FLORIDA CAST COAST RAILWAY COMPANY
A. Facilities Involved Detail as to Type and location ., Type I, E' as s IR.Y.- warning devices
on Hobart Rd. at Ry. 220.7 near W b s n, Flat
Crossing No. : 272170-U
B. Relocation Fork Anticipated Describe and Prelate to Location on o ect : Relocate existing
warnin.g devices to accommdate widening of Roadway in nrd n e with Department's
index I7 82 ` ,,
C. Anticipated Relocation Schedule a d on normal schedule and 5-day work 2reek
ITEM CALEaPAR 4DYS ESTIMATED
Preliminary Engineering
Material Procurement 10
Right of'l ay Acquisition
Contract Negotiations(for utility/railroad work 30
Other
Cortstruction (actual utility/railroad relocation time at job site) f
ESTIMATED MAXIMUMTOTAL 48 Days
ADJUSTED UTILITY/RAILROAD RELOCA PERIOD
IO
(Allow for concurrent activities) ESTIMATED MINIMUM TOTAL 48 flays
-See Highway Contract Special Provisions
D. Special Notation to be included in Highway-Contract Special Provisions
;. This All d"ustrnent work: Check ones
prior to highway contract advertisement, and relocation should be . - complete by date of
preconstruction conferences
concurrently with project advertisement.
135 concurrentll with,commencement of hi way 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 A+ E NCY S Ficid Representatives can be contacted_
at Telephone lumber,
SUBMITTED FOR TIDE AGENCY BY: 1. E. Web - Sli t. &C-FEC ate: •"
Mite J. Cress DEC 2 C 1978
DEPARTMENTAL APP D" AL BY. ate.
rilit�ngineer
FORM 7ZZ-05 STATE OF FLORIDA 616 ARtTPI�i 7'>>;3F TRANSPORTATION
7-77 DIVISION OF ROAD(:;�ERATIONS
COUNT', SECTION UTILITY JOB hip. STATE ROAD Pip. COUNTY NAME P CEL Rl' J4 Np. `,A�lalt}...
RR 000 6507 _ Hobart Rd. Indian RiVer - SOS-0004(34)
AGENCY
FLORIDA FAST COAST RAILWAY COMPANY
A. Facilities Involved KDetail as to Type and Location): Type ILII at-grade at Ry MP: 224.7 on,
Hobart Rd. near Wabasso, Fla.
Crossing o. : 272178-E1
R. Relocation Work Anticipated Describe and Relate to Location on Pro'ect : Reconstruct existing
Crossing to accommodate don Roadway in accordance with Department's
index 4RR-4I
', Anticipated Relocation Schedule Rased on normal schedule acrd day' ror �
ITEM CALENDAR DAYS ESTINIATED
Preliminary Engineering lu
Material. Procurement 20
Right of Way Acquisition
Contract Negotiations (for utility/railroad work
{ether
Construction actual utility/railroad;relocation time at job site] t
ESTIMATEDIA I IU I TOTAL 65 Days
ADJUSTED UTILITY/RAILROAD RELOCATION PER.IO
flow for concurrent activities) EST I TED TNU I IU I TOTAL Days
e,� Highway Contract Special Previsions
D. S ecial Notations to be included in Highway Contract Special Provisions:
E.. This AGENCY ro oses to commence actual relocation and/or heck one);
El prior to highway contract advertisement, and relocation should be complete by date of
preconstruction conference.
concurrently with project advertisement.
coneurrentl , with commencement of highway construction,,
The above data is based on construction plans and schedules prepared by the DEPART TENT and, therefore, i
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 DEPART IEI T, and its Contractor, in,
clearing, the project right of ways s expeditiously as possible, The AGENCY"S Field Representatives can be contacted
at. Telephone 'umber:
SUIS.NUTTED FOR THE AGENCY BY: R. . _ Date. 12/28/78
Mike d. Dross '" _
I EPART IENT.AL APPROVAL R / �I hate:
• 0614imp neer