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783-FDOT & CSX-Pecan AvenueFORM 77,5-09~2~ RAIL-09~ P:tgc I COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NU/vlBER PECAN AVENUE S]tvlINOLE 1. (X&SC) 000S(444 ) H f o_ between the STATE OF FLORIDA DEPARTMENT OF TRANSPO ION, hereinafter called the DEPARTNIENT, and CSX TRANSPORTATION, INC., a corporation of VIRGINIA with its principal place of business in the City of JACKSONVILLE , County Of DUVAL State of FLORIDA , hereinafter called the COMPANY; and SANFORD a.municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing, or otherwise changing a portion o the Public Road System, designated by the DEPARTMENT as FM ' No. on PECAN AVENUE fight of way and tracks of the COMPANY'S Mile Post AU 765.96 Number 621331-C , at or near SANFORD, SEI~IINOLE COUNTY, as shown on the DEPARTMENT'S Plan Sheet No. 404151 15 7 01 , which crosses at grade th, , FDOT/AAR Crossinl FLORIDA i , attached hereto as a part hereof; and WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I, as amended, and Federal-AiC Policy Guide, Subchapter G, Part 646, Subpart B, as amended, and the DEPARTMENT'S Rule 14-46.002 Florida Administrative Code, as amended; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: A. The COMPANY shall: 1. And hereby does grant to the DEPARTMENT/CITY the right to construct a road crossing at grade, and necessary approaches thereto, across its right of way and tracks at the aforesaid location. 2. Install by its own forces a Standard Railroad Crossing Type "n"' r.-~d'mcret~ , in accordance with the DEPARTMENT'S Standard Index No. 560, which by reference is made a part hereof at an estimated cost of $ 50,000.00 itemization of which is attached hereto. ~ - ~/~ 3. Maintain, at its expense, the track and rail components and highway. surfaces for the area of the crossing between the ends of railroad ties, and the CITY shall be responsible for the maintenance of cost of the highway roadbed outside of the railway ties. IT BEING EXPRESSLY UNDERS,.TOOD AND AGREED that the COMPANY may', at its option and upon notification to the CITY, perform such periodic maintenance work and bill the CITY directly for costs thus incurred that are the responsibility of the CITY. 4. Install by its own forces, with supervision and approval of the DEPARTMENT, at an estimated cost of $ 1 ?~'. 6c~o. no , itemization of which is attached hereto, automatic railroad grade crossing traffic control devices, hereinafter called "Devices", at said location,. in accordance with: (1) the attached detailed statement of the work plans,- and specifications; (2) the DEPARTMENT'S Plans and Standard Index Number 17882; and Federal-Aid Policy Guides mentioned above, or Rule 14-46.002, all of which by reference are made a part hereof. 5. Provide protective services in accordance with the U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD) during the performance of the work, as indicated in the attached plans and specifications, the cost of which is included in the attached cost estimate. 6. Render the DEPARTMENT'S f'mal bill, in accordance with applicable Federal~ or State regulations, within one hundred eighty (180) days from the completion date of the project, for all actual reimbursable identified charges including credits for salvage or betterments, if any, attributable to the project, and itemize all substantial charges in a form comparable to the charges contained in the cost estimates provided for in Paragraphs A.2. and A.4. 7. Operate and maintain said devices and perform any adjustment, relocation or replacement of said devices; the cost therefor shall be assumed or apportioned in accordance with Paragraph C. 1. and C.3. below. B. The DEPARTMENT shall: 1. Promptly reimburse the COMPANY for all actual costs attributable to the project, pursuant to Paragraphs A.2. and A.4., as billed by the COMPANY, pursuant to Paragraph A.6. 2. Require its contractor to furnish Railroad Protective Liability and Railroad Protective Property Damage Liability Insurance in a combined amount of $2,000,000.00, for all personal injurieS, death or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed from Federal funds, with respect to bodily injury, death and property damage, is limited to a combined amount of $6,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. The DEPARTMENT will also require its contractor to furnish the COMPANY a Certificate of Insurance showing that the contractor carries liability knsurance (applicable to the job in question) in the amount of $2,000,000.00 for all personal injuries, death or property damage, per occurrence arising during the policy period. Such ir~urance is to conform with the requirements of the U.S.-..Department of Transportation, Federal Highway Administration, Federal-Aid Policy Guide, Subchapter G, Part 646, Subpart A, Transmithal 1 dated December 9, 1991, and any. supplements thereto or revisions thereof. 3. Reimburse the COMPANY for the cost of watchman or flagging service when the DEPARTMENT'S contractor is carrying out work adjacent to the COMPANY'S tracks or whenever the contractor is performing work requiting the movement of employees, trucks or other equipment across the tracks of the COMPANY, or when at other times the COMPANY and the DEPARTMENT shall agree that such a service is necessary. Such costs shall be accrued and billed directly to the DEPARTMENT as specified in Paragraph A.6. 4. Arrange for the synchronization of the railroad crossing devices with existing or proposed highway .traffic control devices at and attendant installation of N/A Neither party shall disconnect the interconnection circuit or change or cause to be changed the signal sequence without prior notice to the other. Each party shall maintain its respective devices, from the point of the junction box as provided for the interconnect cable. C. The parties agree: 1. That fifty percent (50%) of the cost of the operation and maintenance of the devices by the COMPANY shall be borne by the CITY and fifty percent (50%) shall be borne by the COMPANY, in accordance with the attached Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices, subject to future revision. 2. Unless otherwise agreed upon herein, the CITY agrees to insure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the MUTCD 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. 3. That the cost of any adjustment, relocation or replacement of said devices shall be assumed by the party initiating such action, unless otherwise provided for in this contract, existing contract between the parties, or in existing contracts between one of the parties and a third party. 4. That should the use of said crossing be abandoned, then all rights hereby granted to the DEPARTMENT/CITY shall thereupon cease and terminate and the DEPARTMENT/CITY 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, providing that the COMPANY may; at its option, remove the said crossing and restore its property, and the DEPARTMENT/CITY will, in such event, upon bill rendered, pay to the COME. ANY the entire cost incurred by it in such rem,.oval and restoration, provided such costs are accrued as specified in Paragraph A.6. 5. That the COlvlPANY reserves the fight at any time, if it so desires, to construct additional trackage across said crossing with any relocation of any curbs, gutters, signals, etc., being at cost of others. This agreement does not allow the DEPARTMENT/CITY to install. or permit the installation of any other utility within the limits of the crossing described herein. '6. The COMPANY covenants and agrees that it will indemnify and' hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents and employees,from any claim, loss, damage, cost .charge or expense arising out of any act, action, neglect, omission or delay by the COMPANY during the performance of the contract, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither the COMPANY nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees. .. 7. That any provision contained in any existing contract relating to said crossing, whether between the parties hereto and/or third parties, shall be, and does, remain in full force and effect, except as otherwise provided herein. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the CITY Commission of the City of SANFORD , Florida, a certified copy of which Ordinance or resolution is attached hereto and made a part hereof. 8. That the' cost of maintaining any additional or replacement signal equipment at the same location will be shared as provded under Paragraph C. 1. above. ' IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA ATTEST: (SEAL) -% Secretary CSX TRANSPORTATION, INC. 'jR. K. Beckham Chief Engineer Sys Reliability, ATTEST: TITLE: Vf~~0RtTE SECP~ET~j/y CITY OF SANFOB BY: ~~:~J~r ATTEST: , FLORIDA Approved as to Form~cgality T Approved as to Funds Available Date Approved as to FHPG Requirements BY: EXEMPT FHWA Date RECYCLED pAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES FORM 725-090-.41 RAIL OGC - 09/98 FINANCIAL PROJECT NUMBER 404151 1 57 01 ROAD NAME OR NUMBER PECAN AVENUE COUNTY' NAME PARCEL & RYVV NUMBER FAP NUMBER SEMTNOLE i. (X&SC) 000S(444 ) COMPANY NAME: A. FDOT/AAR XiNG NO.: CSX TRANSPORTATION, INC. 621331-C RR MILE POST TIE: AU 7~5.g6 ....... B. TYPE SIGNALS PROPOSED CLASS IV DOT INDEX: 17882 SCHEDULE 'OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES CLASS I II III IV Annual Maintenance Cost Exclusive of Installation DESCRIPTION Flashing Signals - One Track Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks pOST: $1,637.00 82,166.00 $2,468.00 $3,098.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-46.002 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices 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, 1998 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. RECYCLED PAPER STATE 6F FLORIOA 0EPA~TMENT OF TRANSPORTATION FORM 725-090,55 CITY RESOLUTION '~"~- GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY FINANCIAL PROJECT ID ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/VV NUMBER '-,_ -,... 404151 i 5 7 01 PP. CAN A'V'gNUg SE~TkX:)f_,B 1,(X&SC) 000S(444) 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. / ON MOTION OF Commissioner-(Councilman) seconded by Commissioner (Councilman) ~ ]/J~-,Z~ , the following RESOLUTION was adopted: WHEREAS, the State of Flodda Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System. on PECAN AVT_,NT.~ , 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 CITY COMMISSION OF THE CITY OF SANPOP, D . FLORIDA; '- That the City of SANE)B:) enter into a RAILROAD REIMBURSEMENT AGREEMEI, with the State of Florida Department of Transportation and the Csx 'PRAN.~RaRmAmTO~, TNP. Company for the installation and maintenance of certain grade crossing traffic control devises designated as Financial Projecl Number 404.1.51' i 5 7 01 on PENC. A~ AVE2qf~ which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 621331-C located near SANE)P~,. SEMINOLE mrr~,r . .,. Flodda; and That the City assume it's share of the costs for future maintenance and adjustment of said grade crossing traffic traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of Transportation; and the CSX T'(~NSPORTATION, INC. Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. · ,. · . . '~ . ~ ' · . ner (SEAL) RECYCLEO pAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01 ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 3/98 RUSH (date) Reason for RUSH: XXX New Contract #: AH977__ Contract Type: AA Method of Procurement: R Vendor Name: CSX TRANSPORTATION, INC Vendor ID: F546 000 720 021 Has Written/Verbal Approval from a Participating Federal Agency been received Yes No XXX N/A Fed Agmt Amt: $ 0.00 State: $ .00 Local: $ .00 Beginning date of this Agmt: ll/15/99(Must be after fund approval) Ending date of this Agmt: 12/31/04(Estimate if necessary) Execution date of this Agmt: ll/01/99(Only on original agreements) Has work been authorized to begin? Yes XXX No Have standard financial provisions been altered by contract terms? Yes XXX No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes XXX No ****************************************************************** Brief Description of Work/Comments: This funding is for the installation of railzhighway grade crossing protection devices (signals) & crossing surface on .PECAN ST, XNG 621331-C ****************************************************************** ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT (FISCAL YEAR) (FUND) alpha 55 054010506 * 1t * 563002 * $ 176,600.00 * 404151 1 5 7 01' 127 (99/00) SP-000S444J (SP) 55 * * * $ * * (99/00) ( ) TOTAL AMOUNT * $ 176,600.00 * Originator: TERRY CAIN DATE SENT: 11/15/99 PH/SC: 335-7866 E-mail USERID (s): PT527KC ****************************************************************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ****************************************************************** BUDGET ENTITY 5590 WORK PROGRAM VERIFICATION ALLOTMENT CI 6S LINE 0001 FUNDS APPROVED BY CATEGORY 088796 OKAY YEAR DATE CHECKED JOHN FAIN FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 11-16-1999 ***~****~**~***~**************~********************************* J ,s .¢..'Z. Z I-- uj. ") ,.,,,. Q.. LU g~: 3: C) :::) I-- H G') C) Q::: I'-' 2: L.t., C) ,:;. 2: ~ c~ _1 o UJ 'Y o _1 H _1 :Z ** :1: L1 O_ I-- LU V) C:~ Z LU C) *. <C F-- ~: :~ :Z O :Z ,r ~ ~o~:' O [:~ LU H I-1 2: !-.. O LU U.,I _1 O., ~,, 3: ,el: ::Z: e~ :Z: LLI I-- O 2: e, H _1 I-:H ~c: t~ Z LU H '~ ::/::C:~ I-- I-- LU O Z :1::Z: O F- LU ::) O C) Z C)' H U,I ,eC I-- ~ _J e,,- H uJ ~ P" _,1 O ,r O 2: LU l- ay LU' U.I I:::1 I-- ~: 4D H :3 I-- nO -J Z H D, O V) I-- O::  ~ ..J H C) LU ~: C) fv, 3: H >- -r- U.J -r. ::) _J O C:) ::/: rl 0~ ',O eJ ~' ~ U,I UJ O., i-4 UJ ::) ',O ~t' ,,~ I-- I~ CI ,g~ C~ ::3 _1 · ~ g:l ,.i I::l ":C LU g:~ I'- I-- U.I h C~ Z ::) C) :Z: I-- UJ :E: I-- Z 1"4 Z LU Z: C) L.) h O 2: C) H I-- __] H \ I-- C) O H LU Z ,., UJ I'- "e- I~J '-r. GENERIC INSTALLATION ESTIMATE GRADE CROSSING TRAFFIC CONTROL DEVICES To: Florida Dept. of Transportation For: DOT Project No.: ~o~/mm xing No.: ~ . ! ~/ . ~pe ttl, class I~ signals , New Installation~.~Modification[~ county: J~ IA30 C~, , Road N~e: p ~C~ ~ ~ e ~ MP: 7~S - ~C I. Preliminary Engineering: Company Forces [] Contract [] II. Construction Supervision: Company Forces F~ Contract[] III. State: Florida Material: Highway Grade Crossing Signal Assembly cont=ol Equipment ................. Field Material .... . ............... Material Transportation .............. Material Handling ................. Material Sales Tax ................. Total Material .................. IV. Equipment: Company Owned .... ~ ....... ' ....... $ ( e~ Rental ....................... $]/qa, Total. Equipment ................. Ve Labor: Direct Labor .................... Holidays, Vacation, and Pension Payroll Taxes ................... Insurance ...................... Meals and Lodging ................. Total Labor ................... Sub-Total . . VI. Miscellaneous Items: $ I Z,~ $ $ $ $ VII. Total Estimated Cost:(~q/98 By: VIII. Submitted By: CSX Transportation This generic estimate shall not be used in negotiations or as an exhibit in construction and maintenance agreements which do not provide for billing of ~]. costs. This estimate is not valid for lump sumprojects. DISTRICT RAIL-HIGHWAY CROSSING INSPECTION PROGRAM R/R .C~X SR/US/NAME (":-/~ M //~t' XNG NO, COUNTY %~zL~oLF. CITY ~ FO f-.,J"'~ ' PART I GRADE CROSSING PROTECTION DEVICES Gz/5B!-e...- R/"'M.P. "7/__,,,5:', Mast-mounted Flashing Light Signal Assemblies (Type I) Ca;~ile~;e;e~!.'F;l~s~i;~g (i'~'i~"~i~h~i"X's;~;;~'b'li~; (:F~);~;' i',i' .....7"'. ........... Mast-mounted Flashing Light Signal & Gate Assemblies (Type III) Cantilevered Flashing Light Signal & Gate Assemblies (Type IV) Backlights X-Bucks Only X-Buck Missing Pedestrian Protection PART I! PART III OTHER STANDARD CONTROL DEVICES EZ(' Railroad Advance Warning Signs' ~3//Pavement Stoplir;es @ XNG Pavement RailrOad"XNG 'Syfh'bbls .................................. ' ........ OTHER NON-STANDARD CONTROL DEVICES E3 E3 Q E3 STOP Signs__ [~ YIELD Signs__ DO NOT STOP ON TRACKS Signs Other signs PART IV PAhT v CROSSING SURFACE 13/ Hump~3d or Sagged Profile C) Q scouring Q Approach Q Departure FIELD REVIEW COMMENTS E~ ?__- LANE ROADWAY Q URBAN SECTION E~RURAL SECTION REVIEW DATE DSPTO INSPECT,FM By: "~iST IR/~TF~~TOR RAIL-HIGHWAY GRADE CROSSING SURFACE CONDITION RATING FORM R/R: ~"5'X' SR/US/NAME /t'~,d/~) COUNTY ,~X4/~/~l,,( CITY XNG SURFACE: 'I~~MBER El TYPE 'T' El TYPE 'R' El TYPE 'RS' El TYPE 'T-MODIFIED' & ASPHALT El ASPHALT (A) APPR(SA:CH & 'DE!~R:i'ijhi:: ........................ ii~) 'VEHICLE REACTION ~OX ,?,,O W=A '?_-' 20X..~.Z-C~ W=B. d-/, (C) DRIVER REACTION 30 X ,'ZO W = C. (,d ADTFrQR_UCKi~UOTI ENT (A '"Z,.- + B .. Z-{-. + C. (_~ + D ./9 ) X Q / = '~O RATING REVIEW DATE CHARACTERISTIC A. APPROACH & LEAVE ,. B. VEHICLI~ REACTION Co DRIVER REACTION D. RAIL &/OR PAD · ,~ .' ..............' ..........................A; .............................." ~ON ITiO POINTS WEIGHT T PERCENT TRUCKS CRACKING &PATCHING 10 0-4% 5-10% 11-15% ~ .20 < 5,000 1.00 .97 .95 EXTENSIVE .40 5,000-14,999 .95 .94 .91 'MODERATE .70 15,000 * 24.999 .90 .89 .88 MINOR .90 25,000- 34,939 .85 .83 .81 NONE 1.00 35,000 - 44,999 .80 ,78 >45,000 .75 .7.4- .73 DIPPING &BOUNCING 20 .40 NOTICEABLE .70 MINOR. .90 NONE 1.00 SLOWING &SWERVING 30 ~.lvERs, :> .40 SOME .70 FEW .90 NONE 1.00 MOVEMENT ,CONDITION 40 ..SEVERE ..... VERY ,POOR, . -* .-. ........... ..20. EXTENSIVE POOR .40 MODERATE FAIR ,70 MINOR GOOD .90 NONE. NEW, ,. 1.00- GRADE EXCELLENT , · GOE)D ............. FAIR POOR FAILURE RATING POINTS 90-100 .......... · -75-89 60-74 44 & BELOW >15% .93 ,90 .80 .75 .70 D5PTO RATING.FM REV. 09109198 .I .}