HomeMy WebLinkAbout1977-017roiim 77:(•71
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'PAGC I or t
OTATK or rL011111A or:PAnTMENT OF IIIANSPOn TATION
DIVISION UI' NOAu OMAIAT1PN5
COUNTY RESOLUTION
GRADE CROSSING vnyTICTIVf_ DEVICES AND
FUTURE RESPONSIBILITY
!WS
COUNTY
88
SECTION
u71 LITY JOo NO.
ST AiC noAU NU.
cou NTV NAME 1•A110EL is ft/W JP11 NO.
F A P NO.
590
6901
S-632
Indian Rive 23 (2510)
RRP-OOOS(19)
A RESOLUTION AlITHORIZ.ING EXECUTION OFA RAll.ROM) t;l':1�nsutt5►':�Ir\f Acttt:C�n:�T l nit'rtn:
INSTALLAI 10N OP GRADE C;OSSING I'Itl)'1'ECTIVE, DEVICES,:INU FUTUItI: J1:11\TI'?\:1NCI: AND ADJUST.
MEN1' 01` SAID DEVICES; PROVIDING 1`011 THE' L'XI'E\UITUP.1? UI' FUNDS; AND PROVIDING \\ HEN THIS
lu."SOLUTION SHALL TAhG EFFECT.
RESOLUTION NO. 72---17
ON MOTION OP Com,nissioncr S hml,cker , seconded by
CommissionerDeeson , the following RESOLUTION was adopted:
WHEREAS, the State of Florida Deparlmcul of Transportation is constructing, reconstructing or
otherwise changinga portion of the State Highway System, between _ SR 5A
and FEC RY , which shall call for the installation and maintenanec of railroad
grade crossing protective devices for railroad grade crossings over or near said highway,
NOW, THEREFORE, BE IT 1tE$OLYED 11Y TILL COUNTY COMMISSION Or 'Indian River
COUNTY, FLORIDA:
That Indian River County enter into a RAILROAD RE11,MRURSEMENT AC11EF•
MENT with the Sale of Florida Department of Transportation and the FEC RY
Company for the installation and maintenance of certain grade crossing protective devices dcsiontated
as job No. 88590-6901 on 5-632 which crosses
the right of way and tracks of (lie Company at a point 1,704 feel South
from the Company's :dile Post __...222 , at or near Vero Beach , Florida; and,
That the County agrees to participate in the cost of installation as enumerated
in Paragraph 14 and assume it's share in the cost -of future maintenance and adjust-
ment of said grade crossing protective devices as designated in Paragraph 10 of the
RAILROAD REIMBURSMUIT AGREE10IT; and,
That the Chairman and Clerk of the Board of County Conunicsioners be authorized to enter into
such agreements with the State of Florida Department of Trausporlation and the Indian River
Company as herein described; and,
That this RESOLUTION shall lake effect inuncdia(ely upon adoption.
INTRODUCfa) AND 11ASSEM by the Board of Counly C/munis-ioncrs of Ind iawRiyer_
County, Plorid:l, in regular,ession, lois 9th day of February , 197 L---.
(Jlaimlan of Ihr Roar) o[ Couul fun �i�siuurra
Clerk of the 14ta of Cminl►• Cum n' sinnrne
. FORM 7,x•31 iYATt OP FI.on1oA OCPART,Ar,I r OF TRANSPORTATION
1.111 OIV 1!'.ION Of 1(oAIJ Ofl'ItATI(1Nti
'IAO[IOFS ,RAILROADIIC:1P,1n1JRSEMr;NI AGREEMENT ,
GRADE CROSSING PROT'EuIVE DEVICES'
SUPPLEMENTAL AGREENIENT NO. I
THIS AGREEMENT, made and entered into this day of ,
197—, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT, and
fIORI A FACT COAST RATIWAY COMRANY ,
a corporation organized and existing under the laws of F10rida I
with its principal place of business in the City of — SL Augustine ,
County of St tnhne , State of Florida , hereinafter called
the COMPANY; and Tndian 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 improving, reconstructig nor otherwise changing a portion of
the State Highway System, dcaiI,sated by the DEPARTMENT as Job No 88590 -UDI on Road
No. _$439 between SR -5A and FEC RY , which crosses at grade
the right of way and track(s) of the COMPANY at a point 1,704 feel South
from the COMPANY'S Mile Post 222 - at or near Vero Beach , Florida as shown
on DEPARTMENT'S flan Sheet No. 1 attached hereto as a part hereof,
AND WHEREAS, the DEPARTMENT and the COMPANY have heretofore on the 3rd
day of _ December ,19A-55—, entered into a RAILROAD REIMBURSEMENT
AGREEMENT for furnishing necessary materials and installing automatic grade crossing signals and/or
other prolective devices at said railroad grade crossing.
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 and/or other protective devices at said location on an actual cost basis, and in accordance with
the DEPARTMENT'S Plans and Standard Index Number 1(167 attached hereto and by reference made
a part hereof.
2. 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. 132.0,16 "Reimbursemcnt for Utility and Railroad
Relocation," dated October 1, 1973, and Rule- 014-46.02 "Responsibility for the Cost
of Railroad/Ilighway Crossings," Florida Administrative Code, dated February 3,
1971,
--jl*-(b) Federal Highway Administration "Policy and Procedure Memorandum 30-3,"
Transmittal 218, dated October 26, 1971, and Federal llighway Administration "Policy
and Procedure: Memorandum 21-10," dated October 3, 19511,
SECTION
UTILITY JOU NO.
NATE ROAD NO.
I COUNTY NAME
PARCEL 4 N/W JOO NO.
FA► NO.
1OUNTY
88
1 590
6901
S-632
ndian River
23 (2510)
RP-OOOS{1 )
THIS AGREEMENT, made and entered into this day of ,
197—, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT, and
fIORI A FACT COAST RATIWAY COMRANY ,
a corporation organized and existing under the laws of F10rida I
with its principal place of business in the City of — SL Augustine ,
County of St tnhne , State of Florida , hereinafter called
the COMPANY; and Tndian 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 improving, reconstructig nor otherwise changing a portion of
the State Highway System, dcaiI,sated by the DEPARTMENT as Job No 88590 -UDI on Road
No. _$439 between SR -5A and FEC RY , which crosses at grade
the right of way and track(s) of the COMPANY at a point 1,704 feel South
from the COMPANY'S Mile Post 222 - at or near Vero Beach , Florida as shown
on DEPARTMENT'S flan Sheet No. 1 attached hereto as a part hereof,
AND WHEREAS, the DEPARTMENT and the COMPANY have heretofore on the 3rd
day of _ December ,19A-55—, entered into a RAILROAD REIMBURSEMENT
AGREEMENT for furnishing necessary materials and installing automatic grade crossing signals and/or
other prolective devices at said railroad grade crossing.
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 and/or other protective devices at said location on an actual cost basis, and in accordance with
the DEPARTMENT'S Plans and Standard Index Number 1(167 attached hereto and by reference made
a part hereof.
2. 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. 132.0,16 "Reimbursemcnt for Utility and Railroad
Relocation," dated October 1, 1973, and Rule- 014-46.02 "Responsibility for the Cost
of Railroad/Ilighway Crossings," Florida Administrative Code, dated February 3,
1971,
--jl*-(b) Federal Highway Administration "Policy and Procedure Memorandum 30-3,"
Transmittal 218, dated October 26, 1971, and Federal llighway Administration "Policy
and Procedure: Memorandum 21-10," dated October 3, 19511,
FORM 722.25 '
PAGE ors
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof.
O The COMPANY further agrees to do all of such work with its own force'i 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.
•
3. 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 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.
4. 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 $ 18,556,00_, All work performed by the COMPANY pursuant hereto,
shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway
Administration.
5. The installation and/or adjustment of the COMPANY'S facility as planned (UK -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 (extended 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.
6. 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 perfomed for the
COMPANY shall also be furnished by the COMPANY to the DEPARTMENT.
FORM 722.39
rwac a or s
?. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the
DEPARTMENT shall receive fair and adequate credit for any salvage wj ich shall accrue to the
COMPANY as a result of the above installation and/or adjustment work. ;
8. It is further agreed that the cost of all installations and/or adjustments made during this
installation work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such
portion of this cost as represents the cost of installation and/or adjustment of the previously existing
facility, less salvage credit as set forth in the immediately preceding paragraph.
9. Upon completion of the work the COMPANY shall, within one hundred twenty (120)
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 VEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The
DEPARTMENT shall retain ten per cent from any progress payment.
10. Upon installation of said protective devices, the expense thereof in keeping same in a
good and safe condition will-
--Wa) immediately revert to the COUNTY and the COUN'T'Y joins herein for the purpose
hereof.
._(b) be borne by the DEPARTMENT for a period not to exceed from the
date of completion of the aforementioned project, but not to exceed the amount of
'►OqM
►A 8 6 4 OF
fifty per cent (50%) of the cost enumerated by the Schedule of Annual Cost of
Automatic Highway Grade Crossing Protective Devices attached, hereto and by this
reference made a part hereof. At the conclusion of said time period, such maintenance
of the protective devices and expense thereof will be transferred to and assumed by the
COUNTY and the COUNTY joins herein for the purpose hereof. The COUNTY agrees
to notify the COMPANY in writing at least thirty (30) days prior to expiration of
maintenance by the DEPARTMENT.
IT BEING EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option
and upon proper notification, perform such periodic maintenance work as required and bill either the
DEPARTMENT or the COUNTY, whichever is applicable under the foregoing paragraph, for costs
thus incurred.
11. After said automatic crossing signals and/or other protective devices have been installed
and/or adjusted 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 their successors or assigns shall operate the automatic grade crossing signals and/or other protective
devices, or until it is agreed between the parties hereto that the signals are no longer necessary at said
grade crossing, or until the said crossing is abandoned, or other legal requirements made which shall
cease operation and maintenance of signals thereat. The COMPANY agrees that any future relocation
or adjustment of said protective devices shall be performed by the COMPANY with the DEPARTMENT
or the COUNTY, whichever is applicable at the time as governed in Paragraph 10 above, responsible
for such cost as specified at that future date. The COMPANY further agrees to assume full responsibility
for the continued operation and maintenance of such devices once they are placed in service.
12. The COMPANY expressly agrees to indemnify and hold harmless the DEPARTMENT
against each and every claim, demand or cause of action that may be made or come against the
DEPARTMENT by reason of or any way arising out of any defect, imperfection, failure to repair, or
failure to maintain, done, suffered, or permitted in or about such protective devices, and also every
claim, demand or cause of action against said DEPARTMENT by reason of any liability that is or may
be imposed on the DEPARTMENT under the laws of this State because of its participation in the cost
of such maintenance governed in Paragraph 10 (b) above, on account of any such defect, imperfection,
of failure to repair or maintain, done, suffered, or permitted in or about said crossing or crossing
protective devices, or on account of any action or omission on the part of the COMPANY in or about
the same.
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT of and from all liability, claims and demands arising out of work undertaken by the
COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or
commmitted by the COMPANY, its subcontractors, employees, agents or represen.
tatives; 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.
14. It is agreed between the parties hereto that': -the cost of installing
automatic protective devices at said crossing be borne jointly between the
COUNTY and the DEPARTMENT with the COUNTY responsible for ten per cent (10%)
of the actual cost. The COUNTY upon execution of this agreement shall furnish
to the DEPARTMENT as advance payment a negotiable voucher made payable to the
DEPARTMENT for ten per cent (10�) of the estimated cost contained in para-
graph 4 above. Should ,he final cost be less than estimated cost, refund to
the COU14TY shall be made. Should the final cost be greater than the amount
previously paid by the COUNTY, the COU14TY shall, upon receipt of billing, pay
to the DEPARTMENT the balance due pursuant to paragraph 9 hereof.
Paragraph 14 added prior to execution by parties hereto.
IN WITNESS WHEREOF, the parties he-eto have caused these present to
-be executed by their duly authorized officers, and their official seals
hereto affixed, the day and year first above written.
WITNESSES:
1.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Director of Administration
ATTEST: (SEAL)
As to t�ATMUITr xecutive Secretary
(COMPANY) FLORIDA EAST COAST RAILWAY
President
9—s
ATTEST: 4as"_?c2retary� (SEAL)
INDIAN RVER COUNTY, FLORIDA
ItY: — —
As.istant Attorney ntvision F: nitiurer
Frdrral lligheay Admini,lralinu
gMRb GF-ZGMy--OMMIFIONERS
CC�Ic l Ci�
_
(Tiile_Chair n
(SEAL)ATTEST:'
o ie COUf
Clerk&�u
Ap Proved atl to For," i vg-111ty and Execution
F.xaminrd mid Aloprovra.: .� Date
STATE OF PL01:111.4
DETAlt•141ENT OF TRANSPORTATION
ItY: — —
As.istant Attorney ntvision F: nitiurer
Frdrral lligheay Admini,lralinu
FILE: 550 -MP 222+1704'
ESTIMATED COST TO REPLACE EXISTING FLASHING LIGHT SIGNALS WITH
FLASHING LIGHTS AND GATES AT SOUTH WINTER BEACH ROAD MP 222+1704'
(D.O.T. No. 272173P) AS PROPOSED BY THE FLORIDA D.O.T.
Flashing light and gate assemblies .........................$ 5,650.00
Foundations........... ..
................................... 720.00
Changes to existing circuits ............................... 6,400.00
Battery .............................. I..................... 500.00
Cable ...................................................... 350.00
Engineering & contingencies ................................ 550.00
Labor ................ I...................................... 1,945.00
Supervision ................................................ 275.00
Gang expenses .............................................. 760.00
Rental of trucks ........................................... 150.00
Rental of trencher ......................................... 350.00
Railroad retirement ........................................ 267.00
Freight & handling ........................................ 664.00_
SUB TOTAL $1.8,581.00
Less salvage from retirement of existing flashing light - 25.00
TOTAL $18,556.00
FLORIDA EAST COAST RAILWAY COMPANY
OFFICE OF SUPT. SIGNALS & COMMUN.
ST. AUGUSTINE, FLORIDA 32084
DECEMBER 9, 1976
Florida Department of Transportation
REUBIN O -O. ASKEW ' - TOM WE00, JR.
GOVERNOR SECRETARY
i
Division of Road Operations
780 S.W. 24th Street FF 1, 0.
Ft. Lauderdale, Fla. 33315
February 2, 1977
`•.� ; �. �dm;o�sil�to� s Gltice `�
Mr. Jack G. Jennings
County Administrator `..
Indian River County
Courthouse - Room 115
Vero Beach, Fla. 32960
RE: Section 88590-6901, State Road S-632 (S. Wir*er Bch. Rd.)
Indian River County, Parcel 23 (R/W 2150)
Crossing Number: 272173-P; FEC M.P.: 222.32
j FAP Number: RRP-OOOS(19)
Dear Mr. Jennings:
Pursuant to our previous telephone conversations concerning the
1 above mentioned railroad signal project, I am pleased to transmit
the attached Tripartite Agreement for the installation of gates
at your South Winter Beach Road.
Please note that the County's share of the cost of installation
is $1,855.60.(106 of the total estimate)
Your Commission's prompt execution and return of the attached
Agreements and Resolutions will enable us to authorize the Florida
East Coast Railway Company to proceed with the procurement of
material and installation.
If you have any questions, please feel free to contact me.
Very truly yours,
f yDuUis
D t ct�-6ilroad Coordinator
mod- JD:dg
Encls.
cc: Mr. G. S. Burleson, Sr., Assistant State Utility Engineer (RRs)
Mr. John Greist, District: PDMS Manager