Res 03-00 OFF~E OF ~ ~ATION
CITY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
FINIANCIAL PROJECT ROAD NAME COUNTY NAME PARCEL & FAP
NUMBER OR NUMBER RNV NUMBER NUMBER
407488-1-57-01 Lindell Blvd. Palm Beach l ISig R}
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 (Coun~.'~n)
seconded by Commissioner (Councilman)
Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing · portion of the Public Road System, on Lindell Blvd.
, which shall cell for the installation and maintenance of railroad
grade crossing traffic control devices for railroad grade crossings over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Delra_v B~ach , FLORIDA:
That the City of Delrav Beach , enter into a
RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation
and the Flodda East Coast Railv~y Company for the installation and Maintenance of
certain grade crossing traffic control devices designated as job No. 407488-1-57-01
on Lindell Blvd. which crosses the right of way and tracks of the Company at FDOTI
AAR Crossing No. 272489-Y located near Delrav Beach , Florida; and
That the City assume its share of the costs for future maintenance and adjustment of said grade
crossing tmf~ control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Mayor and City Clerk be authorized to enter into mJch agreements with the State of
Flodda Department of Transportation and the Florida East Coast Railway Company as herein
described; and
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSE. I~ by the City,.,Commission of the City of Delrav Beach
~TATI O1~ FLOB/DA m.4~TM~4T O~ T~mN~TA~
IL~U~ROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION ~OB ROADNAME COUNTY PARC~ & FAP
NUMBER OR NUNBEK NAME R/W NUMBER NUMBER
407488 -1-ST- 01 Lindell Blvd. Palm Be~ch 1 (Sig R)
I I
THIS AGREEMENT, made end entered into this Day of ,19 ,
by and between tbe STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
~ DEPARTMENT, and Florida East Coast Rnilwa_v Com_nan_v ,
· corporation o~snl,_~ and existing under the laws of Florida ,
with its principle place of business in the City of. St. Au_nusting ,
County of St. lohns , State of Morida ,
hereimfter called the COMPANY; and the City of Delra_v Beach , · municipal
WHK~S, the DF.,PARTMKNT is constructin~ reco~ or othe~e chnsing · portion ofthe
Public Road System, designated by the DEPARTM~NT u Job No. 407488-1-$7-01 , on
LindeH Blvd.
tracks of the COMPANY'S lVfilepost 31~+1920'
~ or near, Delray Beach , as shown on the DEPARTMENT'S Plan Sheet
No. NA , attached hereto as · pan hereof; and
, which crosses at grade the right-of-way and
, FDOT/AAR Crossing Number 272489-Y
NOW, TI~ICREFORE, in consideration of the mutual undmakings ~ herein set forth, the parties hereto
agree as follows:
1. The COM~ANY stuttl furnish the necessary materials and ~ Automatic Grade Crossing $ilp~als Type
. ly. ,Class, III , and/or traffic control devices at said location on an actual cost basis,
and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and
by reference made · pan hereof.
2. After installation of said signals is completed, fif~ (50) percent ofthe em~mse thereofin maintaining
the nme shall be borne by tbe CITY mt nny (50) percent sbu be borne by the co,vnet, as mumerated by
the Schedule of Anntal Cost ofAmomatic I-r,~hway ~ ~ Devices attached hereto mi by this reference
made. a pan lareofmi subject to future revision.
3. A0,er said signals have been installed mi found to be in ~ry workJ~ order by the parties hereto,
the same shall be immediately put into service, operated mi ~ by the COMPANY so long as said
COMPANY ot its sucessors or assigns shall operate the said signals at said grade crossing; or until it is ap'mi
between the parties hereto that the signals are no lonser 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 responmYtlities shall be in accordance with the
provisions of this agreement. It is fiuther agreed that the cost of maintaining any additional or replacement signal
· quipment at the same location will be shared as provided under Paragraph 2. Above.
4. Unless otherwise a/reed upon herein, the CITY ~ree~ to insure that st the cro~n~ the ~tvance
warnin~ signs and railroad crossin~ pavement markin~ will conform to the U.S. Deparmumt of Transportation.
Ma~,-! on Uniform Ttatr~c Contrd Devices with/n 30 d~ c~~ ~ the ~ ~/mprovements have
been completed ~nd that such dl~ ~t pavement mmqdn~ will be continually ~ at m accep~le level.
5. ~ COMPANY herby ~roes to instgl and/or adjust the nocessary pans of'its f~ilities alon~ said road
in accordance with the provisions set forth in the:
DEPARTMENTProcedure No. 725-080-225 "Reimbursement", dated November 8, 1989
And Rule 014-46.002 "Responsibility for the Cost of Railroad/Highway Crossings",
Florida Adm/nistrafive Code, dated July 22, 1982.
xxc )
Federal Highway Administration Federal-Aid Policy Guide, Subchapter G, Pm 646,
Subpart B, dated December 9, 1991,
and any supplements thereto or revisions thereof; which, by reference hereto, ~'e made · pan hereof. The
COMPANY further agrees to do all of such work with its own forces or by · conlraaor paid under a contract let
by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway
Administration, when applicable.
6. The DEPARTMENT hereby a~rees to rdmburse the COMPANY for all costs incurred by it in the
installation ~l/or adjustment of said facilities, in socordanc, e with the provisions of the ~bove 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.
7. ~ hereto, sad by this reference made · pm hereof; ~re plans mui specifications of the work to be
performed by the COMPANY pursuant to the terms hereof; and an estimate of the cost thereofin the amount of
$ 165.570.00 . All work performed by the COMPANY pursu~ hereto, shall be
perfommd ~cordin~ to these plans and specifi~ u ~ by the DEPARTMENT and the Federal Highway
Administration if federal aid partidpating; and gl subsequent plan chanses shall likewise be approved
by the DEPARTMENT and the Federal Highway Administrau%n, when applicable.
8. All labor, services, materials and equipment furnished by the COMPANY in carty~8 out the work
to be performed hereunder siren be billed by the COMPANY direct to the DEPARTM:ENT. Separate records as
to the costs of contract bid items and force account items performed for the COMPANY shall also be fiu'nished
9. The COMPANY has determined that the method to be used in developing the relocation or'
installation cost shall be as specified for the method checked and d~ hereinafter:
Actusl and related indirect costs ncamdated in accordance with · work order accounting
procedure presaibed by the applicable Federal or State regulatory body.
Actual and related indirect costs ~ in acco~ with an established account~
accoumin8 procedure developed by the COMPANY and approved by the DEPARTMENT.
An agreed lump sum $ , a~ supported by a detail analysis of
of estimated cost attached hereto. (NOTE: This method is not applicable where the
estimated cost of the proposed adjustment exceeds $100,000.00.)
10. The installation and/or adjustment of the COMPANY'S facility will/wgl not) involved additional work
over and above the minimum reimburs~le requirements of the DEPARTMENT. (If upgrading and/or
nonreimbursable work is involved at the option ofthe COMI~ANY, then credit against the cost of the project is
required and will be governed by the method checked and described hereafter):
NA (a)
% will be applied to the Bnal billing ofwork actually
accomplished to determine required =edit for (betterment) and/or (expired servi~ life)
m~t/or (nonr~ie .e~menu)
N~ Co)
All work involving nomeimbumMe segmmts will be perfommd by special COMI~ANY
Work or job order number apart and separate fi.om tim reimbursable portion of the work or
~ob order number to be . The COM]'~ further qp'ees to
clearly identify such additional work areas in the COMP~'S plans and estimates for the
Total work covered by this Asremm~.
$ a~lited for (bettemem) and/or (erpired
service life) and/or (nonreimbursable ~lpnem) in accord with Article 9.(c) hereinabove.
IlCBhL 72S.~0-33
11. It is specifically q~ed by and between be DEPARTIVlENT end the COMPANY tht the
DEPAR~NT shall receive ~ and adequate credit for any salvage which shall accrue to the COM~'
as a result of the above install~on md/or adjusunent work.
12. It is further qreedthat the cost of all improvements made during this adjustment work shah be borne
by the COMPANY, subject only to the DEPARTMENT beari~ such portion of this cost u represents the cost
of adjusmm~t of'previously existin~ facility, less salvage credit as set forth in the immediately precedin~ paragraph.
13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish
the DEPARTMENT with two (2) copies of its firm/and complete b'~Ring of aU costs incurred in connection with
thevwork performed hereunder, such statement to follow Lq closely as poss~ole the order ofthe items contained in
supplies, handling costs and other services shsll be shown in such a manner aa will permit ready
comparison with the approved plans and estimates. Materials shall be ~ where they represent major
component of the relocation fonowin~ the pattern set out in the approved estimate u closely as is possible.
Salvage credits ~rom recovered and replaced permanent and recovered temporary materials shall be reported in
bills in relative position with the charge for the replacement or the o'rtgin~ charge for temporary use.
The final b~11iu8 shall show the description and site of the Project; the date on which the first work was
performed, or, ii' preliminary engineering or right-of-way items are involved, the date on which the earliest item
of'billed expense was incurr~ 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 docunents. All cost records and
accounts slmll be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared
in accordance with the provisions of the aboveindicated Reimbursement Policy, the DEPARTMENT
agrees'to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S
auditor.
PROVISIONS:
1. Paragraph 14 d~e~d by ~l pm~es prior to execution.
IN WITNESS WHEREOF, the parties hereto have c,m~ed these prem~ to be ~ by their duly
mithorized officers, and their official seal hereto s. ffix~ the day m~d year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ATTEST:
Secreta
(SEAL)
COMPANY:
BY: (S~kL)
ATTEST:
Secreta
CITY OF ~.7]~gillff~~ ,FLORIDA
Approved as to form and
legal sufficiency:
Approved as to Form, Lesslity
· ud Execution
Approved ns to Fu~ch
Avzilable
Approval u t~ FHPG
Requir=nents
BY: BY: BY:
Altomey- DOT Date Fiscal - DOT Date FHWA Date
DATE: 10/].1/99
FILE: ]*0.2
TY~E: IV
CLASS: ZZZ
NO. OF DAYS: 14
~co~ect ~e: ~
I~T3]~XTBD COST L~OR HXGHI~Y CROSSING IJ]~RH~ DEVTCES LTI~RLL EOVLFv~RD.
~Ls est/hate ohould be cono£dezed vo£d &frei one (1) ~eaz.
GATE ASSID4LT, IBS $4,99~ .O0 2 ~.
~ $500.00 2 ~,
~ ~T~S $575. ~0 3 ~.
~DITI~ ~HZNG ~ ~S~LZ~ S1,337.00 3 ~.
~IL~ 23' $6,100.00 I ~.
~I~ FO~T/ONS ~3,200.00 1 ~.
NZ~D ~ ~ & ~-3R ~38,670.00 1 ~.
MZSC. GRO~ ~R~ ~1,522.62 i P~.
C~ZT & DZ~CTZ~ BO~ 645.00 90 ~.
~ERIES ~200.00 30 ~.
~ ~6,278.00 I ~.
~SCgL~OUS ~Y EQUIP $1,120.00 i V~.
~ sg~c~ sg00.00 1 ~.
~Z~O~NG E~UZ~ $ 5,422.00 1 PKG.
S~TATZ~ ~ DIS~S~ $1,500.00 1 PKG.
~IG~ t ~LING
~ COST
69,994.00
$1,000.00
$1,.725.00
$4,011.00
$6, ]*00.00
$3,200.00
$38,6'70.00
$6.75.00
$1, e22.
$4,050.00
$6,000.00
$6,278,00
$1,120,00
$900.00
$5,422.00
$1,500.00
$13,
$111,660.62
EXCAVATZNG EOUZPI~I~ PER DAY
E~VZPI~"£ I~,I~'AL PER DAY
· OR~"J~'S TItUCK PER DAY
GANG TRUCK PF--R DAY
SUPERVIKORS TRUCK PER DAY
$181. O0 14 DAYS
$225.00 14 DAYS
$35.00 14 DAYS
$63.00 ].4 DAYS
$35.00 14 DAYS
$2,534.00
$1,950.00
$490.00
$882.00
~490.00
06,146.00
$4,5(~0.00 1
S4,SO0.00
$&,SO0.O0
COI~STRUCTION S?JgERVISION
LA~ORADDZTi'U~
$260.00
14DAYS
$3,640.00
$5,66.7.00
LABOR PP, R DAY
l~q~ER OF DAYS
LABOR ADDXT IV~
$990.76
14
$13,871.00
S8.095.00
$21,966.00
G~NG ~P~d~SES P~.DAY
~ER OY DAYS
24
$?,~42.00
CONTINGF, NCXES 5%
$157,681.62
$1~S,570.00
LINDELL BOULEVARD
North
Palm Beach County to remove
the poles and the overhead wire
15'-0"
Install new flashing
lights and gate with
additional mast lights
10'-0'
T
Install a cantilever with baci<
to back lights. Install new
flashing lights and gate with
additional mast lights.
15'-0"
No curb & gutter
No curb & gutter
18'-0"
12,.0,,I
TITLE II SIGNAL SAFETY PROGRAM FOR THE YEAR 200012001
PROJECT LOCATION
PRIORITY NUMBER
RAILROAD CROSSING NUMBER
RAILROAD MILEPOST
RECOMMENDED IMPROVEMENT
Lindell boulevard in Delray Beach with the FEC RAILWAY Co.
302
272498-V
319 + 1920'
Install a cantilever with back to back lights on the southwest side of the crossing.
Install new flashing lights and gates with additional mast lights on both sides of the
crossing. Palm Beach County to remove the poles and wire on the west side of the
crossing ,
· F0~'~25-0~0-05
10/88
Pmge 1 of I
ITATI Of { mAil'MI~ Oi~ ll.U~IN~A11ON
omc~ Ol~ PUBLIC 11Al~PORTATION
RAH.ROAD RELOCA~ON SCHEDULE
I I
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER NAME R/W NUMBER NUMBER
40748 0-1-5 7-01 Linde11 Blvd. Palm B~h 1(Sir R)
RAILROAD COMPANY
F.E.C. ltailway Co. Ina. J
Ao
Facilities Involved /Detail as to True and Location}:
Install new roadway and pedestrian gates. New controller with event recorder.
crossing no: 272489-Y R.R.M.P. 319+1920'
Relocation Work ~nticioated {Describ~ and Relate to Location on Pro4ect:
C. Anticipated Relocation Schedule (Based on normal and a 5 day work week}:
DAYS ESTIMATED
Preliminary Engineering
Material Procurement
Right of Way Acquisition
Contract Negotiations (ro~ z&ilz~ad i-it&Il&tinwork)
Other
Construction (A=tu&l =iilzo&d zeloc&tiont:Lnmlt job lite)
ESTIMATED MAXIMUM TOTAL
ADJUSTED RAILROAD RELOCATION PERIOD
(Ifil&w for concurrent &ctivities) ESTIMATED MINIMUM TOTAL
* See Highway Contract Special Provisions
( 14 days ~*
14 day§
De
So.cia1 Notation(s} to be included in Hiahwav Contract Special Provisions:
Railroad Protective Public Liability and Property Damage Liability Insurance
Coverage Policy must conform to police form outline prescribed by 'ISO-RIMA#
InsuranG~ Service Oraanization - Railroad Insurang~ Man&&emend,
(Check One)
,rtoz to h/ghwuy ccatzic~ advertisement, and ~elec~tl~m should ~
of pzec~ti~ c~er~e.
This COMPANY proposes to co~aence actual relocation and/or adjustment work:
% omelet, by date
~=uzzantly w/th pro~ec~
0 C~z~tly ~ c~c~nt of ~y ~t~i~.
~e ~ve ~Ce As ~ed ~ c~t~cti~ pl~ ~ s~eo pre~r~ by ~ ~~, ~ ~ere~ore
Aa f~ished for ~o~ti~l ~ea ~y. ~l ~ ~a ~ :esM~le for cir~t~cea
c~t:acCor, ~ clear~g ~e pro~ect ri~t of ~y u e~Ci~ly as ~s~le. ~e C~'s field
:epreo~aUveo c~ ~ c~ac~ a~:
~ ~--n Tray&to hle~e ~r: 1-800-342-1131 ~t 2327
SUBMITTED FOR THE COMPANY BY:
DEPARTMENTAL APPROVAL BY: £. F.
District
DATE:
Radson
Railroad Coordinator
DATE:
FO~M725-090-09a
Ii, PLACeS 841-33
01/J0
PA~E ! of !
~TATE OF FLORIDA D~PARTMENT or T~RSPO~TATIO~
OFFICE OF PUBLIC TRANSPORTATION
WORK DESCRIPTION
~ADE (~SSING TRAFFIC CONT~tOL DEVICES
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER R/# NUMBER NUMBER
40748 8-1-5 7-01 Lindell Blvd. Palm Bch I (Sig R)
RAILROAD COMPANY
Florida East Coast Railway Co. Inc.
JOB DESCRIPTION & LOCATION: New pedestrian . rdwv sates, controller
TYPE OF ROADWAY FACILITY: City arterial
FDOT/AAR XING NO. 272489-Y RR MILE POST: 319+1920'
Ge
TYPE SIGNALS PROPOSED:
STATUS AND PROPOSAL:
1. EXISTING DEVICES:
a.
b.
¢.
d.
f.
IV CLASS: III DOT INDEX NO:
(See Agreement dated
None-New Crossing.
Crossbuck and Disk.
Flashing Signals with Disk.
Flashing Signals with Cantilever.
Flashing Signals with Gate.
Flashing Signals with Cantilever and gate.
17882
2. PROPOSED DEVICES (Safety Index Rating 7OZ
a. No revision required.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. ,Flashing Signals with Cantilever.
e. Flashing Signals with Gate.
f. XX Flashing Signals with Cantilever and Gate.
g. Relocate existing signs1 devices:
( 1 ) ~i~h-Wi~out) addition of ~atel.
(2) XX (with-///////) synchronization w~th highway
COMMUNICATION AND/OR POWER LINE ADJUSTMENTS:
· 1. By Others (
2. By Railroad Company.
AuTHoRITY REQUESTED: (Draft attached:
1. XX Agreement (Third- Party Participating
2. Supplemental Agreement No.
3. Crossing Permit.
4. , Estimate for Change Order No.
5. Letter of Authority.
6. Letter of Confirmation (No Cost to Department).
OTHER REMARKS:
Company
Yes No
City Of Delray Beach
Negotiations to be completed by:
Signal installation target date:
Synchronization: (Draft attached
Yes xx No
: ~OltN "/25-090-,I 1
..... it, AII,
OFFICE OF PUBLIC TRANSPORTATION .-'
GP.%DE CROSSING TRAFFIC CONTROL DEVICES
II I
COUNTY SECTION JOB ROAD NAME COUNTY .~ARCEL & ~
NUMBER OR NUMBER NAME ~/W NUMBER NUMBER
40748 8-1-57 -01 Ltndm11 Blvd. PaL Bg~h 1 (Sir R)
C~MPANY NAME: Florida East Coast Railway Co ~
B:
C:
D.
JOB DESCRIPTION & LOCATION:
TYPE OF ROADWAY FACILITY:
FDOT/AARXING NO.: 272489-Y
TYPE SIGNALS PROPOSED: IV
New Rdwv & Pedestrian Gates & Cantilever
Minor City Arterial
CLASS III DOT INDEX 17883
SCHEDULE OF ANNUAL COST OF AUT014ATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTI%OL DEVICES
Annual Maintenance Cost Exclusive of Ins~allation
CLASS DESCRIPTION ~ *
I Flashing Signals - One Track $ 1,637.00
II Flashing Signals - Multiple Tracks $ 2,166.00
III Flashing Signals and Gates - One'Track $ 2,468.00
IV Flashing Signals and Gates - Multiple Tracks $ 3,098.00 ~
* Effective July 7, 1996-.~ .............. ~
AUTHORITY: FLORIDA AI~4INISTRATIVE RULE 014.46.002
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: ~hF~ 22,'*~2
GENERAL AUTHORITY: 3~4.044
SPECIFIC LAW IMPLEMENTED: ~$.144 F.S.
*This schedule will become
every 5 years and revised as appropriate based on the Co.emmet Pr/ce
for all Urban Consumers published by the U.S. Dep~ent ~f Labor.
.~, g .-'4
effective July 1, 1996 mad wtll be reviewed
Index
:NJAMIN AV
Delray ~
l~lray
McCleary St
~lon
Countr
32
H,dden Valle,
Blvd
antic
BOSUN CIR
HARBOR CIR
ADMIRALS PORT
CAFTAJN$ WALK
COMMODORE CIR
ADMIRALS ~
PELICAN POINT DR
FREDERICK BLVD
GHLAND
H
fland Beach
£1TV OF DELRnV BErI[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~lI.Amedca C~
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
December 15, 1999
David Harden, City Man...~.q.ggar
Brian Shutt, Assistant City Attorney
SUBJECT:
Agreements Between City, FDOT and FEC - Upgrading of
Railroad Crossings at Lindell Blvd. and George Bush Blvd.
Enclosed is a copy of two agreements and the respective resolutions for the upgrade of
the railroad crossings on the above mentioned roadways. The railroad crossing on
George Bush Boulevard, in addition to being upgraded will also have pedestrian gates
installed.
I will send the originals and the resolution, a copy of which is to be affixed to the
agreements, to the City Clerk.
Please place the agreemem and resolution on the City Commission agenda for approval.
I have reviewed and approved the agreemems as to legal sufficiency and form.
Enclosure
CC:
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
JEB BUSH
GOVERNOR
Florida Department of Transportation
Ft. Lauderdde, Fkx'ida, 33315
PUBLIC TRANSPORTATION OFFICE
THOMAS F. BARRY, JR.
SECRETARY
December 01,1999
Mr. Randall Krejcarek, City Engineer
City of Delray Beach
434 South Swinton Ave.
Delray Beach, FL 33dx.~.
REF.
WPI No. NA FAP No.
Project No. 407488-1-57-01 Location Lindell Blvd.
County. Palm Beach Ref. I (Sig R)
Crossing No. 272489-Y RR. MP. 319+1920'
Dear Mr. Krejcarek:
The Department of Transportation proposes to have Automatic Grade Crossing Traffic
Control Devices installed, estimated at $165,570.00. This project is scheduled for
completion of negotiations by October 01, 2000.
Please execute and seal all original copies provided and return all copies to this office,
attn. Al Urgo, When all copies have been executed by all parties, I will return
one (1) copy to you for your files.
The project under this contract shall be performed in accordance with the provisions of the
Federal Highway Administration's Federal-Aid Policy Guide, Subchapter B, Part 140,
Subpart I; Subchapter G, Part 645, Subpart B, as required.
Should additional information of a meeting with DePartment representatives be needed,
please call me at (954) 777-4499.
Sincerely,
Alan F. Urgo
Rail Projects Specialist
AU:au
cc:
Nancy Bungo, Manager, Public Transportation Office
Ed Radson, District 4 Railroad Coordinator
www.dot.state.fl.us i~) RECYC~O P^P~R
STATE OF FLORIDA DEPARTMEN1~ C~ TRANSPORTATION RAIL
OFFIGE OF PUBUG TRANSPORTATION
CITY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
FINIANCIAL PROJECT ROAD NAME COUNTY NAME PARCEL & FAP
NUMBER OR NUMBER PJW NUMBER NUMBER
407488-1-57-01 Lindell Blvd. Palm Beach l(Si~l R)
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. 3- 00
ON MOTION OF Commissioner (Councilman)
seconded by Commissioner (Councilman)
Resolution was adopted:
, the following
VVHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the Public Road System, on Lindell Blvd.
, which shall call for the installation and maintenance of railroad
grade crossing traffic control devices for railroad grade crossings over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Delray Beach , FLORIDA:
That the City of Delray Beach , enter into a
RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation
and the Flodda East Coast Railway Company for the installation and Maintenance of
certain grade crossing traffic control devices designated as job No. 407488-1-57-01
on Lindell Blvd. which crosses the right of way and tracks of the Company at FDOT/
AAR Crossing No. 272489-Y located near Delra¥ Beach , Florida; and
That the City assume its share of the costs for future maintenance and adjustment of said grade
crossing 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 Florida East Coast Railway Company as herein
described; and
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the City Commission of the City of Delray Beach
Florida, in regular session, this day of ,19
ATTEST:
C~ Auditor and Clerk
STATE OF FLORIDA DEPARTMENT OF TRANSPOaTATION
RAILROAD REI1VIBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OK NUNBEK NkME R/W NUMBER NUMBER
407488 -1-S7- 01 LindeH Blvd. Palm Beach 1 (Sig R)
THIS AGREEMENT, made and entered into this __ Day of ,19 ~
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
the DEPARTMENT, and Florida East Coast Railway Company ,
a corporation organized and existing under the laws of Florida ,
with its principle place of business in the City of St. Augustine ,
County of St. lohns , State of Florida
hereinafter called the CO/V[P~; and the City of Delra_v Beach , a municipal
corporation, hereinafter called the CITY.
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the
Public Road System, designated by the DEPARTMENT as lob No. 407488-1-57-01 , on
Lindell Blvd. , which crosses at grade the right-of-way and
tracks of the COMPANY'S Nfdepost 319+1920' , FDOT/AAR Crossing Number 272489-Y
at or near,
No. NA
Delray Beach
, attached hereto as a part hereof, and
, as shown on the DEPARTMENT'S Plan Sheet
NOW, THE~REFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto
agree as follows:
1. The COlVIP~ shall furnish the necessary materials and install Automatic Grade Crossing Signals Type
,Class, III , and/or traffic control devices at said location on an actual cost basis,
and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and
by reference made a part hereof.
2. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining
the same shall be borne by the ~ 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 and subject to future revision.
3. 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 its sucessors 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 accordance with the
provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal
equipment at the same location will be shared as provided under Paragraph 2. Above.
4. 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 U.S. Department of Transportation
Manual on Uniform Traffic Control Devices 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.
5. The COMI'~ herby 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)
DEPARTMEN'IPr~ure No. 725-080-225 '~R. eimbursement", dated November 8, 1989
And Rule 014-46.002 "Responsibility for the Cost of Railroad/Highway Crossings",
Florida Administrative Code, dated July 22, 1982.
_xx_ Co)
Federal Highway Administration Federal-Aid Policy Guide, Subchapter G, Part 646,
Subpart B, dated December 9, 1991,
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereo£ The
COMI~ 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.
6. 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 thereo£ 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.
7. Attached hereto, and by this reference made a part hereof, are plans and specifications ofthe work to be
performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost thereof in the amount of
$ 165.570.00 . All work performed by the COMPANY pursuant hereto, shall be
performed according to these plans and spediications as approved by the DEPARTMENT and the Federal Highway
Administration if federal aid participating; and all subsequent plan changes shall likewise be approved
by the DEPARTMENT and the Federal Highway Administration, when applicable.
8. 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 shah also be furnished
by the COMPANY to the DEPARTMENT.
9. The COMPANY has determined that the method to be used in developing the relocation or
installation cost shall be as specified for the method checked and described hereinafter:
(a)
Actual and relared indirect costs accumlated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
Actual and related indirect costs accundated in accordance with an ~lished accounting
accounting procedure developed by the COMPANY and approved by the DEPARTM~ENT.
An agreed lump sum $ , as supported by a detail analysis of
of estimated cost attached hereto. (NOTE: This method is not applicable where the
estimated cost of the proposed adjustment exceeds $100,000.00.)
10. The installation and/or adjustment of the COMPANY'S facility wilVwill not) involved additional work
over and above the mLnirnum 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):
_N& (a)
% will be applied to the final bi11ir~g of work actually
accomplished to determine required credit for (betterment) and/or (expired service life)
and/or (nonreimbursable segments)
NA (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 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.
$ credited for (betterment) and/or (expired
service life) and/or (nonreimbursable segments) in accord with Article 9.(c) hereinabove.
F-~M 72.~.0~33
1~4~
11. It is specifically agreed by and between he 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 installation and/or adjustment work.
12. It is further agreedthat 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.
13. 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
thevwork 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, materials 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
component of 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
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 docunents. All cost records and
accotmts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared
in accordance with the provisions of the aboveindicated Reimbursement Policy, the DEPARTMENT
agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S
auditor.
SPECIAL PROVISIONS:
1. Paragraph 14 deleted by all parties prior to execution.
IN WITNESS WHEREOF, the parties hereto have caused these p~'esents to be executed by their duly
authorized officers, and their official seal hereto affzxed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ATTEST:
District Secretary
Secretary
(sz )
COMPANY:
BY:
ATTEST:
Secre '
Approved as to form and
CITY OF Dekav Beach ,FLORIDA legal sufficiency:
By: ~_~,~ %~
BY: ~.City Attorney
(Title ) (SEAL)
ATTEST:
Approved as to Form, Legality
and Execution
Approved as to Funds
Available
Approved as to FI-lPG
Requirements
BY: BY: BY:
Attorney - DOT Date Fiscal - DOT Date FHWA Date
~CT 13 '99 ll:~6AM FEC EMGIMEERIM~ MW&S P.6
FLORIDA ~.A~T COAST PJtTI,~4~
OFFTCE OF ~lle. CHIEF E24~
DATE: 10/11/99
FILE: 10.2
TYPE: IV
CT.~SS: III
NO. OF ~AYS: 14
AAR / DOT %: 272498V
MiLE POST: 319 · 1920'
Project Type: FD0~'
ESTImaTED COST FOR HIGHWAY CROSSING W~NING DEVICES LINDELL BOULEVARD.
This estimate should be considered void after one (1} year.
~IAL UR~T COST UNITS
GATE ASS~MBLIES $4,997.00
GATES $500.00 2 ~.
~TE FO~TfONS $575.O0 3~.
~DITIO~ ~HING LIG~ ~S~LIES $1,337.00 3
~IL~R 23' $6,100.00 1~.
~IL~ FO~ATIONS $3,200.00 1~.
WI~D ~E, ~ a ~-3R $38,670.00 1~.
~ERY BOX $675.00 1~.
~ISC. GRO~ ~TE~ $1,522.62 i P~.
CO~UIT ~ DI~CTIO~ BO~ $45.00
~ERZES ~200.00 30 ~.
~LE $6,278.00 1
~SC~L~OUS ~Y EQUIP $1,120.00 i RKG.
PO~ SE~ICE $900.00 1~.
~NITORING ~QUI~ $5,422.00 1 PKG.
S~TATION a DISPOS~ $1,500.00 I PKG.
~IG~ & ~LING
T~ ~ 6.5%
EXCAVATING EQUIPMENT. PER ~AY
EQUIPH~N~ RF~NTAL PER DAY
FOR~WAN'S TRUCK PER DAY
G~uNG TRUCK PER DAY
SUPERVISORS TRUCK PER DAY
$181.00 14 DAYS
$125.00 14 DAYS
$35.00 14 DAYS
$63.00 14 DAYS
$35.00 14 DAYS
$4, $~0.00 1
CONSTRUCTION SUPERVISION
LABOR ADDITIVE
SUP~RVISIC~TOT~L
$260.00
14 DAYS
LABOR PER DAY
NUMBER OF~AYS
LA~ORADDITIV~
TOT~LLABOR
$990.76
14
GANG EXPENSES PER DAY
NUN~ER OF DA~S
TO~L GANG EXP~NSES
$553.00
14
SUR-TO~_AL
CONTINGE~ IES
TOT~L COST
$9,994.00
$1,000.00
$1,725.00
$4,011.00
$6,100.00
$3,200.00
$38,670.00
$675.00
$1,522.62.
$4,050.00
$6,000.00
$6,278.00
$1,120.00
$900.00
$5,422.00
$]., 500.00
$13,600.00
$5,893.00
$111,660.62
$2,534.00
$1,75q.00
$490.00
$882.00
$490.00
$6,146.00
$4,500.00
$3,640.00
$5,667.00
$13,871.00
$8.095.00
$21,966.00
$7,742.00
~157,681.62
$7,884.00
· 019~ $16S,S70.00
LINDELL BOULEVARD
North
Palm Beach County to remove
the poles and the overhead wire
15'-0"
Install new flashing
lights and gate with
additional mast lights
12'-0"
9'-0"
Install a cantilever with bac~
to back lights. Install new
flashing lights and gate with
additional mast lights.
1
15'-0"
No curb & gutter
No curb & gutter
18'-0"
12'-0"I
TITLE II SIGNAL SAFETY PROGRAM FOR THE YEAR 2000 / 2001
PROJECT LOCATION Lindell boulevard in Delray Beach with the FEC RAILWAY Co.
PRIORITY NUMBER 302
RAJLROAD CROSSING NUMBER 272498-V
RAILROAD MILEPOST 319 + 1920'
RECOMMENDED IMPROVEMENT
Install a cantilever with back to back lights on the southwest side of the crossing.
Install new flashing lights and gates with additional mast lights on both sides of the
crossing. Palm Beach County to remove the poles and wire on the west side of the
crossin~l.
FORM 725-090-05
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
RAU.ROAD RELOCATION SCUF~DULE
ICOUNTY I SECTION I JOB
NUMBER
4074818-1-517-01
ROAD NAME I COUNTY
OR NUMBER NAME
I Lindell Blvd. I Palm Bch
RAILROAD COMPANY
PARCEL &
R/W NUMBER
I (Sig R)
FAP
NUMBER
F.E.C. Railway Co. Inc.
Facilities Involved (Detail as to TYPe and Location):
Install new roadway and pedestrian gates. New controller with event recorder.
crossing no: 272489-Y R.R.M.P. 319+1920'
Relocation Work Anticipated (Describe and Relate to Location on Prodect:
C. Anticipated Relocation Schedule (Based on normal and a 5 day work week):
DAYS ESTIMATED
Preliminary Engineering
Material Procurement
Right of Way Acquisition
Contract Negotiations (For railroad installation work)
Other
Construction (Actual railroad relocation time at job site)
ESTIMATED MAXIMUM TOTAL
ADJUSTED RAILROAD RELOCATION PERIOD
(Allow for concurrent activities) ESTIMATED MINIMUM TOTAL
* See Highway Contract Special Provisions
( 14 days
14 days
SPecial Notation(si to be included in Hiahwav Contract SPecial Provisions:
Railroad Protective Public Liability and Property Damage Liability Insurance
Coverage Policy must conform to police form outline prescribed by "ISO-RIMA"
Insurance Service Oraanization - Railroad Insurance Manaaement.
E. This COMPANY proposes to commence actual relocation and/or adjustment work:
(Check One)
D Prior to highway contract advertisement, and relocation should be __ % c~m~lete by date
of preconstruction conference.
DConcurrently with project advertisement.
DConcurrently with commencement of highway construction.
The above date is based on construction plans and schedules prepared by the DEPARTMENT, and therefore
is furnished for informational purposes only. This CC~PANY is not responsible for circumstances beyond
its normal control. However the COMPANY will endeavor to fully cooperate with the DEPARTMENT, and its
contractor, in clearing the project right of way as expeditiously as possible. The CC~PANY's field
representatives can be contacted at:
Mr Thomas Travatc Telephone Number: 1-800-342-1131 Ext 2327
SUBMITTED FOR THE COMPANY BY:
DEPARTMENTAL APPROVAL BY: E.F, Radson
District Railroad Coordinator
DATE:
DATE:
STATE OF FLORIDA DEPARTMENT OF TRARSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
WORK DESCRIPTION
GRADE CROSSING TRAFFIC CONTROL DEVICES
FORM 725-090-09a
REPLACES 841-33
01/90
PAGZ 1 of 1
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FA~
NUMBER OR NUMBER R/W NUMBER NUMBER
40748 8-1-5 7-01 Lindell Blvd. Palm Bch i (Sig R)
RAILROAD COMPANY
IFlorida East Coast Railway Co. Inc.
De
Fe
JOB DESCRIPTION & LOCATION: New pedestrian . rdwv gates, controller
TYPE OF ROADWAY FACILITY: City arterial
FDOT/AAR XING NO. 2724~9-Y RR MILE POST: 319+1920'
TYPE SIGNALS PROPOSED:
STATUS AND PROPOSAL:
1. EXISTING DEVICES:
a.
b.
C.
d.
e. XX
f.
IV CLASS: III DOT INDEX NO: 17882
(See Agreement dated
None-New Crossing.
Crossbuck and Disk.
Flashing Signals with Disk.
Flashing Signals with Cantilever.
Flashing Signals with Gate.
Flashing Signals with Cantilever and gate.
Company
Yes No
City Of Delrav Beach
2. PROPOSED DEVICES (Safety Index Rating 7Q2 )
a. No revision required.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. ,Flashing Signals with Cantilever.
e. Flashing Signals with Gate.
f. XX Flashing Signals with Cantilever and Gate.
g. Relocate existing signal devices:
( 1 ) (With-Without) addition of Gates.
(2) XX (with-///////} synchronization with highway traffic signals.
COMMUNICATION AND/OR POWER LINE ADJUSTMENTS:
1. By Others (
2. By Railroad Company.
AUTHORITY REQUESTED: (Draft attached:
1. XX Agreement (Third- Party Participating
2. Supplemental Agreement No.
3. Crossing Permit.
4. Estimate for Change Order No.
5. Letter of Authority.
6. Letter of Confirmation (No Cost to Department).
OTHER REMARKS:
Negotiations to be completed by:
Signal installation target date:
Synchronization: (Draft attached
October 2000
Yes XX No
OFFICE OF PUBLIC T~ANSPORTATION
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
FORM 725-090-41
RAIL
07/96
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FA~
NUMBER OR NUMBER NAME R/W NUMBER NUMBER
40748 8-1-57 -01 Lindell Blvd. Palm Bch i (Sig R)
COMPANY NAME: Florida East Coast Railway Co
ae
B:
C:
D.
JOB DESCRIPTION & LOCATION:
TYPE OF ROADWAY FACILITY:
FDOT/AAR XING NO.: 272489-Y
TYPE SIGNALS PROPOSED: IV
New Rdwy & Pedestrian Gates & Cantilever
Minor City Arterial
RR MILE POST TIE: 319+1920'
CLASS III DOT INDEX 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
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
* Effective July 7, 1996
COST *
$ 1,637.00
$ 2,166.00
$ 2,468.00
$ 3,098.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014.46.002
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE:
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
July 22,1982
334.044 F.S.
335.144 F.S.
*This schedule will become effective July 1, 1996 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.
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