HomeMy WebLinkAbout1976-040•
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�•7.I OIVrLIOn V1 1e❑,.O 00•LCATIONS
ywcc+ov+ COMITY i;TSOLUT1ON'
GRADE CROSF:I;!G ?;,OTEC T IV% DEVICES AND
• FUTURE RESPOt`dS1E1LITY
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INSTALL. I IUN (W GHADI: CWJS PIMTECI INT' JAN11:ES,.1 ND i'IA Fl;E 1111\'1-1:\.1\(:F:.1\1).\DIl'- i'.
i\1E�T UI'. �.11U DI:CICC�: I'1;DI'ID1..G !'•UI: TILL' E\YE\UITCRL: OF FLN'I) :; ANU P1;Ut•I111\G M UE\ 1.1H.:
1tESULUTIU\ S11AI.L 1AKI. EFI'!•:CT.
RESOUTION NOm 76-40
ON INIOTIOS OF Commissioner Wod ke seconded Ly
Commissioner Loy , the following RESOLUTION was adopted:
11'IIERE:\S, the State of Florida llcparimcnt of Transportation is constritctiuZ, reconslructiao or
otherwise changi n- a portion of the State IliZI-way Sy, telt, between State Road 5
.and State Road 519 , which _hall C::11 for the installation and maintenance of railroad
grade crossing protective deices for railroad grade cro_:ings over or near said highway,
NOW, THEREFORE, BE IT RESOLVED BY TIIE COC�TY COMMISSION OF -Indian River
COUNTY, FLORli)A:
That Indian River County enter into a RAILROAD RGI11BURSEMENT ACKEE-
A1ENT with the .urate. of Florida Dcpnr(mc:A of Trotrportation and Ile Florida East Coast Railway
Company- for the installation and Maintenance of certain grade cros_ino prolrclive devices deziumatcd
as Job 1u. 88505-6902 on an unamed paved road -which erosscs
Qts right of way and tratl:� of lite Cnmpany at a point 20 feel south
from the Company's Mile.. I'o:-1 216 , at or near Sebastian , Florida; and,
That the County agrees to participate in the cost of installation as enur,..erated
in Paragraph .14 -and assume it's share in the cost of future maintenance and adius`_-
ment of said grade crossinq protective devices as designated in Paraqraph 10 of the
RAILROAD REIi1BURSE'1c:1T AGREPIE'll'; and,
That the Chairman and Clerk of lite Board of Comity C:unlmis ioocrs be authorized Irl enter-inlu
such aC ecntrnt: tci(L the Slate. of Florida I)cpartrncnt of Tran=portatinn and the Florida East Coast Railway
Company a: herein de-.rihcd;and, _
That this Ri:SO1xT10\ Ehall take effect immediately upon adoption.
INTRODUCEI) AND PASSED by the. Board of County Commis-iuncrs of Indian River
County, Florida, in regular _rasion, this 9th d.,v of, l June , 197 6
uinnan of lite yo:IJ of tool r otanu•wu,
(,•oUNT-1
SECTION
UTILIT .' MO NO. STwTC ROADN0.1' COunTY NwMC 'jownCEL b n!W lOB NO.
F A • NO.
88
505
6902
(Paved Rd.)
Indian River
1 (SIGW)
Fsgs-poos(18)
A I(!<IzULUl'lO\ Al11'1141;iZi:"�G rXECI'110N (Jr .1 RAH. UJAD I;1:p1L'L-1;`1:11E_Yf A(;I;EI:11F. %T F(t!; THE
INSTALL. I IUN (W GHADI: CWJS PIMTECI INT' JAN11:ES,.1 ND i'IA Fl;E 1111\'1-1:\.1\(:F:.1\1).\DIl'- i'.
i\1E�T UI'. �.11U DI:CICC�: I'1;DI'ID1..G !'•UI: TILL' E\YE\UITCRL: OF FLN'I) :; ANU P1;Ut•I111\G M UE\ 1.1H.:
1tESULUTIU\ S11AI.L 1AKI. EFI'!•:CT.
RESOUTION NOm 76-40
ON INIOTIOS OF Commissioner Wod ke seconded Ly
Commissioner Loy , the following RESOLUTION was adopted:
11'IIERE:\S, the State of Florida llcparimcnt of Transportation is constritctiuZ, reconslructiao or
otherwise changi n- a portion of the State IliZI-way Sy, telt, between State Road 5
.and State Road 519 , which _hall C::11 for the installation and maintenance of railroad
grade crossing protective deices for railroad grade cro_:ings over or near said highway,
NOW, THEREFORE, BE IT RESOLVED BY TIIE COC�TY COMMISSION OF -Indian River
COUNTY, FLORli)A:
That Indian River County enter into a RAILROAD RGI11BURSEMENT ACKEE-
A1ENT with the .urate. of Florida Dcpnr(mc:A of Trotrportation and Ile Florida East Coast Railway
Company- for the installation and Maintenance of certain grade cros_ino prolrclive devices deziumatcd
as Job 1u. 88505-6902 on an unamed paved road -which erosscs
Qts right of way and tratl:� of lite Cnmpany at a point 20 feel south
from the Company's Mile.. I'o:-1 216 , at or near Sebastian , Florida; and,
That the County agrees to participate in the cost of installation as enur,..erated
in Paragraph .14 -and assume it's share in the cost of future maintenance and adius`_-
ment of said grade crossinq protective devices as designated in Paraqraph 10 of the
RAILROAD REIi1BURSE'1c:1T AGREPIE'll'; and,
That the Chairman and Clerk of lite Board of Comity C:unlmis ioocrs be authorized Irl enter-inlu
such aC ecntrnt: tci(L the Slate. of Florida I)cpartrncnt of Tran=portatinn and the Florida East Coast Railway
Company a: herein de-.rihcd;and, _
That this Ri:SO1xT10\ Ehall take effect immediately upon adoption.
INTRODUCEI) AND PASSED by the. Board of County Commis-iuncrs of Indian River
County, Florida, in regular _rasion, this 9th d.,v of, l June , 197 6
uinnan of lite yo:IJ of tool r otanu•wu,
'•MIM 733.75 STAT[ S.r rLOrrIUA c.r,PA"I1, 1'IT Or T" ;"O"T'"o"
DIV loll UI "In nr'L r•n TrOr: i
® nAcc3Or7 COUI.TY t!FSOLUT101,'
GRADE CROSF:I::G ?^OTLC7IVE DEVICES A14D
• FUMIE FIESPONSlr'.ILITY
l✓
COUNT.,
SLCTION
UT ILIT•: JOO NO.ISTATC 110AM NO.t CGUIIrV NAMC 16 -NII LL h fl/W JO" NO.1 r A P 110.
88
505
6902
(Paved Rd.)
Indian River
1 (SIGW)
SRS-OOOS(18)
A IIE.FULUTIU\ A(:1'IIOC1'L1''C CXf.CI'11(t\ OF .t
INSTALLA110\ I'1;(M"..f:1lt l:Ula l':::�,.' \t) 11:11] L JI \I\'1' AANCE AN .\Irjl 1'•
HENT OF \IU U1:1 IUS: 1'ITMADIM; I -UI: T11L' L'U'c\Uifl 1iL' Uf FLNU_: A\U 1'l:Ut'1IJ *\G t1IIL'\ TM4
RBSOLLTIU\ SIIALL laid: LI -TELT.
RESOLUTION NO 76-40
ON MOTION OF Commissioner Wudtke, Seconded be
Commissioner Loy , t1le following IMiOLUT1O\ ..aa adopted:
1VIIEI1E:\S, the Stile of Florida Dcpartment of Transportation is constricting, rccon�tructi:ro or
other%%ise changi a portion of the State lligl:way S�:lcvr, Lcltcecn State Road 5
,and Statg_-ES.ad 512 _ , x.hich shall call for the in_t ll:rtion and maintenance: of railroad
grade eros.=.ino protective; devices for railroad grade crozeinos over or near said hHova; ,
NO`'.',1'11CIlEFOr.E, Bl: IT PESOLN'EII 111' THE COL'\T1' COMMISSION OFIndian River
COUNTY, FLORIDA:
That Indian River County enter- into a liA1L1110AD AGIZ1 I:-
MENT with the Elate of Florida 1)ep:rlinc::1. of Tr;n(zporlalion and tlrcFlorida East Cnast Railway
Company for the insl:)HAian and maintenance of ccrl Iin "rade crossing lit otrrUtc dC.il-uPO'd
as Jot. i\0. _88505-6902 on_ar. untimedpaved road __�_„•Iricll rr��_scs
the right of rca)• and trscl;-z of tlrr. Company at a point 20 ___�__� feet south_
from the Company's Mile.Po.--t216 —, at or near _ Sebastian Florida; and,
That the County agrees to participate in the cost of installation as enucerated
in Paragraph .14- and assume it's share in the cost. of future maintenance and adiust-
ment of said grade crossinq protective devices as designated in Paraqraph 10 or the
RAILROAD REI!15URS_E'117i1T AGREE'iE.'!T; and,
r ar and Ictl. of the Board of Cnmlt1- Cunuuiz4aiiers he atrlhorizcd to enicr•inlu
T1rat the Ch. ,nu 1 . C - ,
such a<<crnrnl: with (lie ``tate. of florid;( Department of Tr:ur=bort:llirnt and the Florida East Coast Railway
Company a> herein dr-.r,lJcd;and, ,' - '
That this PISOLhT10\ :hall take effect inunediatcly 111)011 adoption.
Z\1T�01)L'C1:1) ,\'gin PAS; l) h)• the. Board of Coonfy Connnis<iuncr_ of Indi-an River
County, Florida, in repila :c;sion, 11 is _ 9th gar of, June _ , 197 Le
.. uitul.u. U eh. 40:111 ul l al,(r t. u,: nu••n.w
PAG[: 1 OI' 7 '
STATC OF FLOIIIOA OL.PAnTMCNT OF TPANSPOn TATION
OIv ISION OF nOA1J OPr'I1 ATIOf1S
® RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(County)
COV NTY
SECTION
UTILITY JOU NO.
STATC ROAD NO.
COUNTY --
F.0Jan NO.
P"":r,
1 (SIGN)
F A P NO.
SRS -0005(18)
I. 88
1 505
6902
(Paved Rd.)
ndian River
THIS AGREEMENT, made and entered into this day of
197—_, by and between the STATE OF FLORIDA DI:PART.':iEINT OF TRANSPORTA'T'ION, a
component agency of the State of Florida, hereinafter called the DrI'ARTNlEN1', and
Florida East 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. Johns Stale of __•.__ _ Florida hereinafter called
theCOINIPANY;and Indian River __County, a political subdivision of lite. State of Florida,
acting by and through its Board of County Commissioners, hereinafter called the COUNTY.
R'ITNrSSF.1'II:
1V111:REIAS, THE DEPARTNI N'1' is constructing, recon-lructing c•r otherwise changing a
portion of the State 11igltway S}•_lem, dc.�i=:laird by (lir DEPARTMENT ni Joh No.88505:6902
between State Road 5 a,td State Road 512 twhirlt crosses at ;tads the right of way and
track(s) of the COMPANY at a point___ 20. feet —south from the. COMPANY'S Mile Post
216 , at or near Sebastian __ , Florida as shoi%n on D1:1':1R1'>(F,\'1"S flan Shect No.
1 attached hereto as a part hereof,
NOW, 1111-11EFORE, in consideration of the mutual undertakings a� herein set forth, the parties
hereto agree as follows:
1. The COMPANY shall furnish the necessary materials and install automatic grade. crossing
t ign;lls and/or other protective devices at said location on an actual cost basis, and in accordance wits►
the DUARTNUENT'S flans and Standard kndex Number 1167 attached hereto and by reference made
apart hereof.
2. The COMPANY hereby agrees to install and/or adjust the neec:.titry parts of its facilities
along said road in accordance with the provisions set forth in the:
^(a) DEIIART\II:NT Procedure No. 132-016 "Reinrbnrsenu•nt for utility and Railroad
• Relocation," dated Octnbc: 1, 1973, cuul li ole 01.1••}6.07. "Responsibility for the Cost
of Itaiboad/Itighway Crossings" Florida Adminis(ralive Code, dated February 3,
1971,
xA---(b) ruderal Highway Administration "Polivy •and Procedure \lemorandum 30.3,"
Transntiltal ^_111, dale•d Orhlln•r '.'.G, le>71, and Fcdretl Ilighway :�dmiuistralion "Policy
t +, r.... .. n '• 1 .1 .1 I �. e„t„•r '4 1 +1-11
•"I"M 12119
PAGE 2 OP 5
and any n,pplehienls thcrclo or revisions thereof, which, by rcferviwe hereto, are made a part hereof.
® The COMPANY further agrees to do all of such work with its own forecs or by a contractor paid
under a contract let by the COMPANY, all under the supervision and approval of lite DEPARTMENT
and the Federal Iliohw•ay Administration, when applicable.
3. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs int•urr'd by it
in the installation and/or adjustnccut of said facilities, in accordance with the provisions of lits. abovit
indicated Reimbursement Policy, and any Fupplcnlents thereto or revisions thereof. It is understood
and a -reed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be kubjccl to payment by the DEPARTMENT.
4. Attached hereto, and by this refcrenre 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 Qce cost
thereof in the amount of S 97.02 On . All work performed by the COMPANY pursuant hereto,
shall be perforated according to these plans and specifications as approved by the DL•'PAR'I TENT, tilt-
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by (lie DEPARTMIINT and, when applicable, the Federal highway
Administration.
5. The installalion and/or adjustment of tilt- COMPANY'S facility as planned (AVAI;witl not)
involve additional work over and above the minimum reimbursable rquircncnts of the
DEPARTMENT. (If upgading and/or nonrcimbursable work is involved at the option of the
COMPANY, then credit against the cost of thee projr.ct is rcquir:d and will begoverned by the method
checked and described hereafter):
_(a) will be applied to tile. final billing of work actually accomplished to
determine required credit for (betterment) and/or (extended service life) and/or
(nonrcimbursablc
--(b) All work involving nocurcinbursable swgnccnls will be performed by special COMPANY
work or job order number apart and separate from tilt- reimbursable porlion of the
work; such work or job order number to be Tice COMPANY further
ag ccs to cleally itientify 'licit additional work areas in the COMPANY'S plans and
estimates for the total work covered by [Itis Agreement.
6. All labor, services, materials and equipment furnished by file COMPANY in carrying out
the work to he performed hercuoder shall be billed by the COMPANY direct to file DEPARTMENT.
Separate records as to the costs of contract bid items and force account items perfomed for the
mg COMPANY shall al'o be furui4ted by the COMPANY to tilt- DETARTMENT.
r. ,
"0'"" 72219
® rAGE ] OF 9
• 7. It is specifically agreed by and between the DEPARTMENT and file COMPANY that tilt-
DETAltTMENT 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.
. 8. It is further atmed that the cost of all installations and/or :uljuslnu;nls made during this
installation work shall be borne by the COMPANY, subject only to lite DEPARTMENT Learing such
portion of this cost as represents the cost of installation and/or adju<I►nenl of the previously existing
facility, less salvage credit as set forth in the immediately preceding paragraph.
1 9. Upon completion of the work the COMPANY shall, within one hundred lwenh (120)
days, furnish the MPARTMENT with two (2) copies of its final and complete billing of all costs
incurred in connection with the work performcd 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, 6andlin, cost; and other
smiccs shall be shown in such a manner as will permit ready comparison with the approved plans and
s 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, ae
-dits m
fro
recovered and replaced permanent and recorcred temporary materials shall be reported iu said billy in
relative position with the charge for the replacement or the original charge for lemporar, 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--ty items +irc involved, ilu• date on
tvl►ieh 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 DE,PARTME.NT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPAR' MEINT S auditor. The
D1:PARTMENT shall retain len per cent from any progress payment.
10. Upo►i installation of said protective devices, tl►e expense thereof in keeping sa►nc in a
good and safe condition will:
XX (a) immediately revert to the COUNTY and the COUNTY joins herein for the purpose
hereof.
_____(b) be borne by the DEPARTMENT for a period not to exceed __ from ll►e
date of completion of lite aforementioned project, but not to exceed lite amount of
® FORPAGkM 4110 IF•7ltl
•
fifty per aunt (50%) of the cost enunuvrated 1), Ihc. Scbednle of Ammal Cost of
Anlomalic Ilighway Gr:ule Crossing Proleelivc Itcvices allacbed hcrrfo and by Ibis
reference made :t part hereof. At the concloAmi of said lime prriud, snrlt mainlenancc
of the prolective devices and expense Own of will be Irvtsfrn-red to and assnun•d by the
COL INTY and Ills COUNT')' joins herein for the purpose hereof. The. CMINTY agrrrs
lu notify the CONIPANY in wriling at Icast thirty (30) daps prior to expiralion of
maintenance by the. DETAR'I'Nll�INT.
11' BEING F,XPREISSLY UNDFUISTOOD AND AGREEM that the COMPANY may, at its option
and upon proper nolifivalion, perform such periodic nutintrnance work as myuired and hill cilhe.; till-
DLPARTNII;NT or lite COUNTY, whichever is applicable wider the. foregoing paragraph, for costs
thus incurred.
11. After Said awommic crossing signals and/or olher protective drvice•s have born iusfallyd
and/or adjusted and found to hr in satisfactory working order by Ute parties hrrelo, liv same shall be
immediately put into Service, operated :uul maintained by the COMPAN 1' so lung as said COMPANY
or their successors or assigns shall operate Ihr aulomatic pad1' crossing signals and/err other pruledicr
devices, or until it is agreed between Ilic parties hereto that the signals are no looser nrcessary at said
grade crossing, or until the said crossing is abandoned. or other h -al tequirenumis made which shill
cease operalion and maintenance of signals thereat_ The COMPANY agrees Ilial any frtlure relocation
oradjustment of said prolecli%e devices shall he perfortued by the COMPANY with the DEPARTNILM'
or the COU'NT'Y, whichever is. applicable al the lime at- governed in Paragraph 10 above, respnu-0111'
forsueh cost asspered al that future dale. The COMPANY further agree= to assunu- fol) rrspottsiIi lity
for the continued operation and maintenance of such devices once Ihey are placed in service.
12. The COMPANY expr(-ssl)' agrees to indcnntif} and hold harndcss the DEPARTMENT
against carp and every claim, demand or cause of action tial may 1l- made or runty against the
DEPARTMENT by reason of or any way arising out of any defect, imprrfeclion, failure to repair, or
failure to maintain, dune, suffered, or permilled in or ahout such protective d!'viecs, and also every
claim, demand or cause of action against said DEPARTMENT by reason of any liabilit} that is or may
lie imposed an the DEPARTMENT under the laws of this Stale because of its participation in Ihr cost
of such mainlenancc governed in Paragraph 10 (b) above, on account of any such defect, imperfection,
or failure to repair or maintain, done, suffered, or permitted in or aboot said cros.:ing or crossing
protective devices, or on account of any action or omission on the part of the COMPANY in or about
till- sante,
13. I'll(! COMPANY covenants to indemnify, defcud, save harmless and exonerate the
DI:1"Awr4mEM of and from all liability, claims and dvinan ds arising unl of wort: uuderlakt-n by flit -
COMPANY pursuant to this agreement, doe to the negligent actions, delay or omissions dune or
•
eormmnitted by the COMPAt1Y. its subcontractors, eTnlovees, agents or represen-
tatives., excepting ho,: --ever, anv loss. da^rage or injury arising out of or
caused by the neglig^_nt actions, delays or o-lissions done or co^•aitted by the
DEPART'?E:IT,its subcontractors, e�roloyees, agents or representatives, which
loss, damage or injury shall be borne by the DEPART --
::T except as other:rise
covered by bonds or insurance.
14. It is agreed between the parties hereto that the cost of installing
autocratic protective devices at said crossinq be borne ,jointly between the
COUNTY and the Oc'ARTaE:IT frith tie COU:lTY responsible for ten per cent (1C':)
of the actual cost. The COU'!TY upon execution of this agree=ment shall furnish
to the DEPART'tE:T as advance paym=ent a ne^otiable voucher made payable to the
DEPARTMENT for tan per cent (10:;} of tn^ estimated cDst contained in para-
graph 4_abova. Should the final cost be less than estinated cost, refund to
the COU.ITY shall be made. Should the final cos: be create-- than the mount
previously paid by the COUNTY, the COUNTY shall, upon receint of billing, pay
to the DEPART::EiIT the balante due pursuant to paragraph 9 hereof.
to execution by parties hereto.
Paragraph 14 added prior
IN WITNESS WHEREOF, the parties hereto have caused these present to
be executed by their duly authorized officers, and their official seals
hereto affixed, the day and year first above +'mitten.
STATE OF FLORIDA
tIITlIESSES DEPART::E'l:T OF. TRANSPORTATION
BY: — --
"— Director of r,d.irinistration
ATTESI:(SEAL)
As to ------------e DrARTi Ei,T __ Executive Scretary
(COMPANY) Florida East Coast
Railway Company
it 7c BY:
- Prusident
ATTEST:
As to tiie G0 1?S : Y�--� „�. circ tary
to heCOtile COU'I
s . ..i Y
Appr.,,n1 ,< I- roan Ltgalijv :ud I:%CCUllnn
sl'.11'i: til' 1I.M.-IIIA
Ilf:p,\It'1'%IEVV 01''I'It.1\�I'�Ilt'fATIp\
Indian River :/COWITY, FLORIDA
�-7
BY: 1��t
(TItlec,rlairrnantI )ar I 1 County
Commissioners
ATTEST:
Esaroined and Appro,td: Ilalt !--
i
N
550: HP 216 + 20'
ESTIMATED COST TO INSTALL FLASHING
LIGHT SIGNALS AT CROSSING MP 216+20'
1,
Flashing light signal assemblies ....................$ 1,800.00
Factory wired relay case and changes to nearby
circuits ......................................... 14,000.00
Foundations ......................................... 450.00
Electricservice .................................... 425.00
Underground cable ................................... 1,300.00
Underground PVC conduit ............................. 200.00
Battery ............................................. 972.00
Battery box ......................................... 150.00
Labor .................... I.......................... 2,750.00
Engineering & contingencies ......................... 525.00
Rental of trucks... .............................. 300.00
Rental of trencher .................................. 350.00
Gang expenses ....................................... 1,140.00
Supervision......................................... 970.00
Freight & handling .................................. 1,300.00
Railroad retirement................................•390.00
Total $27,022.00
FLORIDA EAST COAST RAILWAY COMPANY
OFFICE OF SUPT. SIGNALS & CO%MUN.
ST. AUGUSTINE, FLORIDA 32084
February 12, 1976
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