Res 04-00 CiTY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
FINIANCIAL PROJECT ROAD NAME COUNTY NAME PARCEL & FAP
NUMBER OR NUMBER R/W NUMBER NUMBER
._ 407489-1-57-01 N.E. 8th Street Palm Beach 1193010-Sig 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 (CouP) z~r~~
seconded by Commissioner (Councilman)
Resolution was adopted:
, the following
WHEREAS, the State of Fiodda Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the Public Road System, on N.E. 8th Street
, 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
Delrav Beach , FLORIDA:
That the City of Delrav Beach , enter into a
RAILROAD REIMBURSEMENTAGREEMENT with the State of Florida Department of Transportation
and the Flori~la East Coast Railway Company for the installation and Maintenance of
certain grade crossing traffic control devices designated as job No. 407489-1-57-01
on N.E. 8th Street which crosses the dght of way and tracks of the Company at FDOTi
AAR Crossing No. 272488-T located near Delrav 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.
FORH ~25-090-05
10/88
Page I of 1
ITATE Oir ~ Dgi~ArI'MD~ Oi~
om oF PUBL~ TRANSPORTATK~
RAILROAD RELOCATION SCHEDUI,F~
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER NAME R/W NUMBER NUMBER
40748 9-1-5 7-01 N E. 8th Street Palm Boh 1(93010-
$4g R)
RAILROAD COMPANY
F.E.C. Railway Co. Inc.
As
Facilities Involved (Detail as to Tree and Location):
Install new roadway and pedestrian gates. New controller with event recorder.
crossing no: 272488-T R.R.M.P. 315+5167'
Relocation Work Anticipated (Describe and Relate to Location on Project:
C. Antic/Dated Relocation Schedule (Based on normal and a 5 day work week):
DAY~ ESTIMATED
Preliminary Engineering
Material Procurement
Right of Way Acquisition
Contract Negotiations (For zailro&dinst&ll&tionwozk}
Other
Construction (A=tu&l r&ilroad zelocation time&t Job site)
ESTIMATED MAXIMUM TOTAL
ADJUSTED RAILROAD RELOCATION PERIOD
(A/low for concurrent &ctivities) ESTIMATED MINIMUM TOTAL
* See Highway Contract Special Provisions
( 14 days
1{ dav~
Do
Special Notation(s) to be included in Highway Contract SDe¢ial 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 MaDaaem~n~,
E. This COMPANY proposes to commence actual relocation and/or adjustment work:
(Check One)
D Fzior to h/ghway contract &dver~£sement, and zeloc&ttou should bo , % cce~lete by date
of precon~tructioa conference.
[] Concurrently wi~h pzo3ect edver~isement.
The above date ts hsed on construction pl~no e~l schedules prepared by the ~PAW~M~T, aa4 ~herefore
is £urnished for ~-~onmtional purposes only. This CCMPA~ is not responsible for circumstances beyond
its hemal control. However ~he C(IqPANY will ends&vet to fully cooperate with ~he DEPARI~qT, and its
contractor, in clearing the project right of way u ezpeditioufly as possible. The CCNPANY's field
representativss can be contacted st:
Mr Thorns Tz&v&to Telephone Number: 1-800-342-1131 Rxt 2327
SUBMITTED FOR THE COMPANY BY:
DEPARTMENTAL APPROVAL BY: E.F. Radson
District Railroad Coordinator
DATE:
DATE:
~ATE OF FLORI~ ~P~TME~ OF TRANSPOR?AT~
OFFICE OF PUBLIC TRANSPORTATION
WORK DESCRIPTION
~RADE (~OSSING TRAFFIC CX)NTROL DEVICES
FORM725-090-09a
REPLACES 841-33
01/90
PAGE i of I
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER R/W NUMBER NUMBER
40748 9-1-5 7-01 N.E. 8th Palm Bch I (93010-
Street Sig R)
RAILROAD COMPANY
IFlorida East Coast Railway Co. Inc.
Ae
JOB DESCRIPTION & LOCATION: NeW pedestrian . rdw¥ gates, controller
TYPE OF ROADWAY FACILITY: City arterial
FDOT/AAR XING NO. 272488-T RR MILE POST: 315+5167'
De
Fe
TYPE SIGNALS PROPOSED: III CLASS: III DOT INDEX NO: 17882
STATUS AND PROPOSAL:
1. EXISTING DEVICES: (See Agreement dated
a. None-New Crossing.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. Flashing Signals with Cantilever.
e. XXFlashing Signals with Get..
f. Flashing Signals with Cantilever and gate.
2. PROPOSED DEVICES (Safety Index Rating 702
a. No revision required.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. .Flashing Signals with Cantilever.
e. XXFlashing Signals with Gate.
f. Flashing Signals with Cantilever and Gate.
g. Relocate existing signal devices:
(1) ~ith-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. XXAgreement (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 Delrav Beach
Negotiations to be completed by:
Signal installation target date:
Synchronization: (Draft attached
October 2000
Yes xx No
OFFICE OF P~BLIC T~ANSPO~TATIO~
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
0~/~6
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER NAME R/W NUMBER NUMBER
40748 9-1-57 -01 N. E. Sth Street Palm B~h 1(93010-
S~g R)
COMPANY NAME: Florida East Coast Railway Co
A. JOB DESCRIPTION & LOCATION: New Rdwy & Pedestrian Gates
B: TYPE OF ROADWAY FACILITY: Minor Citv Arterial
C: FDOT/AAR XING NO.: .272488-T
RR MILE POST TIE: 315+51~7'
D. TYPE SIGNALS PROPOSED: III
CLASS III DOT INDEX 17882
SCHEDULE OF ANNUALCOST 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
CO~T *
$ 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 LA~ 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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901, ~8 ~OI. 'SON d¥1~i 33S
STATE OF FLORIDA DE,P~ OF TRANgi*ORTATION
RAH.ROAD REIMBURSE~ AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION JOB ROADNAME COUNTY PARCEL & FAP
NUMBER OR NUNBER NAME R/W NUMB~ NUMBER
407489 -1-S7- 01 N.E. 8th Street Palm Beach 1 ~93010-Sig R)
TULq AGREEMIiNT, made and entered into this ~ Day of ,19 ~,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
Florida
the DEPARTMENT, and Florida ~t Coast Railwa_v Companv
a corporation organized and existing under the laws of Florida
with its principle place of business in the City of St. Au_~ustine
County of St. Iohns , State of
WITNESSETH:
VFKEREAS, the DEPARTIVIENT is constructing, reconmucting or otherwise changing a portion of the
Public Road System, designated bythe DF..PARTN~NT as Job No. 407489-1-57-01 , on
N. E. 8th Street
tracks of the COMPANY'S lVfilepost 315+5167'
at or near, Delray Beach
No. NA , attached hereto as a part hereof, and
, which crosses at grade the right-of-way and
, I~DOT/AAR Crossing Number 272488-T
, as shown on the DEPARTMENT*S Plan Sheet
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 materbd._, and install Automatic Grade Crossing Signals Type
HI ,Class, HI , 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 expeme thereof'in maintaining
the same shall be borne by the CITY and fifty (50) percent shall be borne by the COMPANY, as enumerated by
the Schedule of Anr~,-t 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 silpuds have been instaned and found to b~ in satisfactory workin~ 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 at~'eed
between the parties hereto that the signals are no longer necessary or until the said crossin~ is abandoned; or
legal requirements occur which shall cease operation of silpuds thereat. The COMPANY agrees that any future
relocation or adjusmm~ 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~ any additional or replacement signal
equipment at the same location will be shared as provided under ParNp'aph 2. Above.
Manual on Uniform TraflSc Control ~ 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 COMPANY 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:
DEPARTMENTProc~ure No. 725-080-225 "Reimbursement", dated November 8, 1989
And Rule 01446.002 "Responsibility for the Cost of Railroad/Highway Crossings",
Florida Administrative Code, dated July 22, 1982.
XX(b)
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 pan hereof. The
COMPANY further sgrees to do all of such work with its own forces or by a conuactor paid under a contrscI let
by the COMPANY, all under the supervision and approval of the DEPARTMENT rout 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 fitcilities, 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 pre 'hmin~ engineering costs not incorporated within this agreement shall not be
subject to payment by the DEPARTMKNT.
7. Attached hereto, and by this reference made a pan 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
$ 138.470.00 . All work performed by the COMPANY pursuant hereto, shah be
performed according to these plans and speciflcafiom 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 Adminislradon, 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 DEPAR~NT. Separate records as
to the costs of contract bid items and force account items performed for the COMP~ shall 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 bereinaRer:
xx( )
Actu~ and related indirect costs accumlated in accordance with a work order accounti~
procedure prescn'bed by the applicable Federal or State regulatory body.
mo,)
Actual and relared indirect costs accumlated in accordance with an established accounting
accounting procedure devdoped by the COMPANY and approved by the DEPARTMENT.
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 will/will not) involved 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 hereaRer):
% will be applied to the final b'dling of work actually
accomplished to determine required credit for (bettennem) and/or (expired service life)
and/or (nonreimburnble segments)
All work involving nonreimbursable segments will be performed by special COMPANY
Work or job order number apart and separate fi.om the reimbursable portion of the work or
Job order number to be . The COMPANY further a~'ees to
clearly identify such additional work areas in the COMPANY'S plans and estimates for the
Total work covered by this Agreement.
$ credited for (bettmne~) and/or (expired
service life) and/or (nonreimbursable segments) in accord with Article 9.(c) hereinabove.
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 shah accrue to the COMPANY
as a result of the above instal~on 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, mbject only to the DEPARTMENT bearing such portion of this cost as represents the cost
ofadjusmient ofpr~wi~ existing facility, ies~ lalvage credit as ~'t forth in the immediately prig pa.~graph.
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 b'dling of all costs incurred in connection with
tbevwork performed hereunder, such statement to follow as clo~eiy as po~ble the order of the iten~ conlained in
the estimate altached hereto. The totals for labor, overhead, travel expend, ~rtation, equipment, material~ and
supplies, handling costs and other ~ervices ~ be ~hown in such a manner as will permit ready
comparison with the approved plans and estimates. Materials ~ be itemized where they represent major
component of the relocation following the pattern set out in the approved estimate as closely as i~ po~'ble.
Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in
bi]~ in relative position with the cl~rge for the replacement or the original charge for temporary use.
The final billi~ shall show the description and site of the Project; the date on which the first work was
performed, or, ii' pre 'luninary ensin~g or right-of-way items are involved, the date on which the earliest item
of billed exper~ was incurred~ the date on which the last work was performed or the last item of billed expense wa~
incurred; and the location where the records and accounts billed can be audited. Adequate reference ~ be
made in the billing to the COMPANY'S records, accounts and other relevant docunents. All cost records and
accounts ~ 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.
SI~CIAL PROVISIONS:
1. Paragraph 14 deleted by all parties prior to execution.
IN WITNESS WHI~.REOF, the parties hereto have caused these presents to be executed by their duly
authorized officers, and their official seal hereto affixed, the day and year ~st above written.
STATE OF FLORIDA
DEPARTMENT OF TRA_NSPORTA~ON
BY:
ATTEST:
(SEAL)
COMPANY:
BY: (SEAL)
ATTEST:
Secretar
ATTES3': ~
,FLORIDA
Approved u to Form, Legally/
~zl Execution
Approved as to Funds
Available
Approved as to form and legal
sufficiency:
City Attorney
(SEAL)
Approved as to FI-lPG
BY: BY: BY:
Attorney - DOT Date Fiscal - DOT Date FHWA Date
· OCT 13 '99
P,7 '
DATE: 10/11/99
FILE: 10.2
TYPE: III
CI~S: III
NO. OF DAYS: 10
AA~ / DO~ #: 272488T
MILE POST: 315 + 5167'
Pro~ect Type: FDOT
ESTImaTED COST FOR HIGh~O~Y C~OSSING~NING DE%'~CES N.E. 9Ch STREET.
This estimate should be considered void after one (1) year.
~TE ASSEMBLIES $4,997.00 3EA.
GATES SS00.O0
~T~ F~ZONS $575.00 3~.
~D ~E, ~ & ~-3R $38,670.00 1~.
~Y B~ $675.00 1~.
~SC. ~O~ ~T~ $1,539.12 I~G.
CO--IT & DI~CTIO~ BO~ $45.00 70 ~.
~ERIES $200.00
C~LE $3,550.00 I P~.
~SCEL~E~S ~Y EQUIP $1,120.00 I P~.
· ~R SER~CE $900.00 1~.
~ITO~NG EQU~NT $5,42~.00 1~.
S~ITATION & DISPOS~ $1,500.00 i PKG.
~I~ & ~LING
T~ ~ 6.5%
$181.00
$125.00
$35.00
$63.00
$35.00
10DAYS
10DAYS
10DAYS
10DAYS
10DAYS
EXCAVATING EQUIPM~NT PER DAY
EQUIPMENT RENTAL PgRDAY
FORF~M~N'S TRUCK PER DAY
~NG TRUCK PER DAY
SUPERVISOKS TRUCK PER ~AY
$4,500.00
$260.00
10 DAYS
CONSTRUCTION SUPERVISION
LABOR ADDITI~E
$990.76
10
LABOR PER DAY
NOM~ER OF DAX$
L~BOR ADDITIVE
8553.00
10
~dtG ~P~-N$~S PER DAY
NU~ER OF DAYS
CONTINGENCIES 5%
$14,991.00
$1,500.00
$1,725.00
$35,670.00
$675.00
$1,539.12
$3,150.00
$6,000.00
$3,500.00
$1,120.00
$900.00
$5,422.00
$1,500.00
$11,879.00
$1,810.00
$1,250.00
$350.00
$630.00
S350.00
$4,390.00
~4.500.00
$4,SOO.OQ
$2,600.00
$4,048.00
$9,908.00
SXS,SgQ.OO
tS,S30.O0
$6, ~94. O0
$131,470.00
NE. 8th STREET
North
No curb & gutter
15'-0"
Install new flashing
lights and gate
13'-0"
13'-0"! ~' 16'-0"
_ N=o curb= 8, g_~.utt=e=r ~ ,__
Install new flashing ~
lights and gate with 15'-0' 15'-0" Install a pedestrian gate
back scissors gate
for pedestrians
TITLE II SIGNAL SAFETY PROGRAM FOR THE YEAR 2000 ! 2001
PROJECT LOCATION NE. 8th Street
PRIORITY NUMBER 702
RAILROAD CROSSING NUMBER 272488-T
RAJLROAD MILEPOST 315 + 5167'
RECOMMENDED IMPROVEMENT
Install new flashing lights and gate on both sides of the crossing with a back
scissors ~late on the south side. Install a pedestrian ~late on the south east side.
[IT¥ OF DELRO¥ BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
December 15, 1999
David Harden, City M~
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 agreement and resolution on the City Commission agenda for approval.
I have reviewed and approved the agreements 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. I.~lderci~b, Fiort~, 33315
T~',c~ (=~ Tn'-44m
PUBLIC TRANSPORTATION OFFICE
THOMAS E BARRY, JR.
SECRETARY
December 01,1999
Mr. Randall Krejcarek, City Engineer
City of Delray Beach
434 South Swinton Ave.
Delray Beach, FL 33444
REF.
WPI No. NA FAP No.
Project No. 407489-1-57-01 Location N.E. 8th Street
County. Palm Beach Ref. I (93010-Sig R)
Crossing No. 272488-T RR. MP. 315+5167'
Dear Mr. Krejcarek:
The Department of Transportation proposes to have Automatic Grade Crossing Traffic
Control Devices installed, estimated at $138,470.00. This project is scheduled for
completion of negotiations by October 01,1999.
Please execute and seal all original copies provided and retum 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 Sp~alist
AU:au
CC:
Nancy Bungo, Manager, Public Transportation Office
Ed Radson, District 4 Railroad Coordinator
www.dol;.sl;al;e.fl.us {~ RECYCLED PAPER
FORM
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
CITY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
FINIANCIAL PROJECT ROAD NAME COUNTY NAME PARCEL & FAP
NUMBER OR NUMBER RAN NUMBER NUMBER
407489-1-57-01 N.E. 8th Street Palm Beach 1(93010-Sig 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. 4- 00
ON MOTION OF Commissioner (Councilman)
seconded by Commissioner (Councilman)
Resolution was adopted:
, the following
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the Public Road System, on N.E. 8th Street
, 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
Delr;~y Beach , FLORIDA:
That the City of Delray Beach . , enter into a
RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation
and the Florida East Coast Railway Company for the installation and Maintenance of
certain grade crossing traffic control devices designated as job No. 407489-1-57-01
on N.E. 8th Street which crosses the right of way and tracks of the Company at FDOT/
AAR Crossing No. 272488-T located near Delray 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~ Audit and Cl~k
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RAH.ROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUNBER NAME R/W NUMBER NUMBER
407489 -1-57- 01 N.E. 8th Street Palm Beach 1 (93010-Si§ R)
THIg 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. Augll~ine ,
County of St. Johns , State of Florida ,
hereina/ter called the COMPANY; and the City of Delray Beach , a municipal
corporation, hereinafter called the CITY.
W1TNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the
Public Road System, designated by the DEPARTME~NT as Job No. 407489-1-~7-01 , on
N, E. 8th Street , which crosses at grade the right-of-way and
tracks of the COMPANY'S Milepost 315+5167' , FDOT/AA.R Crossing Number 272488-T
at or near,
NO. NA
Delray Beach
, attached hereto as a part hereof, and
, as shown on the DEPARTMENT'S Plan Sheet
NOW, TI~REFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto
agree as follows:
1. The COMPAI~f shall furnish the necessary materials and install Automatic Grade Crossing Signals Type
III ,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. ARer installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining
the same shall be borne by the CITY and ~ (50) percent shall be borne by the COMPANY, as enumerated by
the Schedule of Annual Cost of Automatic Highway Grade Crossing De, Aces 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 furore
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 COMPANY'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:
DEPARTMENTProcedure No. 725-080-225 "Reimbursement", dated November 8, 1989
And Rule 014-46.002 "Responsibility for the Cost of Railroad/Highway Crossings",
Florida Administrative Code,. dated July 22, 1982.
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 hereof. The
COMPANY 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 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. 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
$ 198,470.00 . AH work performed by the COMPANY pursuant hereto, shall be
performed according to these plans and specifications 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 shall 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:
Actual and related indirect costs accumlated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
Actual and relared indirect costs accumlated in accordance with an established accounting
accounting procedure developed by the COMPANY and approved by the DEPARTMENT.
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 COblPAfqY'S facility will/will not) involved 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 baling of work actually
accomplished to determine required credit for (betterment) and/or (expired service life)
and/or (nonreimbursable segments)
NA (b)
Ail 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
lob 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.
NA(c)
$ credited for (betterment) and/or (expired
service life) and/or (nonreimbursable segments) in accord with Article 9.(c) hereinabove.
FOR~ ~33
RAIL. 09~
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 shah 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 shah 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. AH 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 aboveindicated Reimbursement Policy, the DEPARTMENT
agrees to reimburse the COM1),~t' 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 W1TNKSS WHERROF, the parties hereto have caused these l~esents to be executed by their duly
authorized officers, and their official seal hereto affLxed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ATTEST:
District Secretary
Secreta~
(SZAL)
COMPANY:
BY: (S~AL)
ATTEST:
Secretary
CITY OF
BY:
(Title
ATTEST:
Delrav Beach
Approved as to form and legal
sufficiency:
c ty tto=ey
Approved as to Form, Legality
and Execution
Approved as to Funds
Available
Approved as to FHPG
Requirements
BY:
BY'
BY:
Attorney - DOT Date Fiscal - DOT Date FHWA Date
OCT 13 '99 ll:E6RM FEC EMGIMEERIHG MW&$ p.?
off SXCm~&L,I Z.ND CCm~ICA~IO~
DATE: 10/11/99
FILE: 10.2
TYPE: III
CLASS: III
NO. OF DAYS: 10
AAR / DOT #: 272488T
MILE POST: 315 + 5167'
Project Type: FDOT
ESTIMATED COST FOR HIGhWaY CROSSING~%RNING DEVICES N.E. 8th STREET.
This es=lma=e should be considered void al=e= one (1) year.
GATE ASSEMBLIES
GATES
GATE FOUNDATIONS
WIRED CASE, SA~ & ~MD-SR
BATTERY BOX
MISC. GROUND MATERIAL
CONDUIT & DIRECTIONAL BORE
BATTERIES
CABLE
MISCELLANEOUS RELAY EQUIP
~OWER SERVICE
~ONITORING EQUIPMENT
SANITATION & DISPOSAL
FREIGHT & HANDLING
TAX @ 6.5%
UNI~ COST
$4,997.00
$500.00
$575.00
$38,670.00
$675.00
$1,539.12
$45.00
$200.00
$3,500.00
$1,120.00
$900.0O
$5,422.00
$1,500.00
3EA.
3EA.
3EA.
I~A.
1EA.
1PKG.
70 FT.
30EA.
I PKG.
I PKG.
1EA.
I PKG.
I PKG.
EXCAVATING EQUIPMENT PER DAY
EQUIPMENT RENTAL PER DAY
FOREM~N' $ TRUCK P~R DAY
GANG TRUCK PER DAY
SUPERVISORS TRUCK PER RAY
$181.00
$125.00
$35.00
$63.00
$35.00
10DAYS
10 DAYS
10DAYS
10DAYS
10 DAYS
ENGINEERING
$4,500.00
CONSTRUCTION SUPERVISION
LABOR ADDITIV~
S%FF~A~XS E~N TOTAL
$260.00
10 DAYS
LABOR PER DAY
NUMBER OF DAYS
LABOR ADDITIVE
$990.76
10
GANG EXPENSES PER DAY
NUMBER OF DAYS
$553.00
10
CONTINGENCIES 5%
$14,991.00
$1,500.00
$1,725.00
$38,670.00
$675.00
$1,539.12
$3,150.00
$6,000.00
$3,500.00
$1,120.00
$900.00
$5,422.00
$1,500.00
$11,879.00
$1,810.00
$1,250.00
$350.00
$630.00
S350.00
$4,390.00
~4.500.00
$2,600.00
Sl,448.00
$4,048.00
$9,908.00
85.782.00
$15,690.00
$5,530.00
$131,876.12
$6~594.00
$138,470.00
NE. 8th STREET
North
13'-0't
8'-3" J
,
No curb & gutter
Install new flashing
lights and gate with
back scissors gate
for pedestrians
15'-0"
15'-0" 15'-0"
Install new flashing
lights and gate
13'-0"
No curb & gutter
16'-0"
Install a pedestrian gate
TITLE II SIGNAL SAFETY PROGRAM FOR THE YEAR 2000 / 2001
PROJECT LOCATION NE. 8th Street
PRIORITY NUMBER 702
RAILROAD CROSSING NUMBER 272488-T
RAILROAD MILEPOST 315 + 5167'
RECOMMENDED IMPROVEMENT Install new flashing lights and gate on both sides of the crossing with a back
scissors gate on the south side. Install a pedestrian ~late on the south east side.
0
I- ,-4
Z
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X
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10/88
Paqe ~ o~ ~
STATE OF FLOR/DA DEPARTMENT OF TRANSPORTATION
OFFICg OF PUBLIC TRANSPORTATION
RAILROAD RELOCATION SCHEDULE
40748 I 9-1-5 I 7-01
I
ROAD NAME I COUNTY
OR NUMBER I NAME
I N E. 8th Street I Palm Bch
I
I
R~I LROAD COMPANY
PARCEL & I FAP
R/W NUMBER NUMBER
Sig R)
F.E.C. Railway Co. Inc.
ae
Be
Facilities Involved {Detail as to TYPe and Location):
Install new roadway and pedestrian gates. New controller with event recorder.
crossing no: 272488-T R.R.M.P. 315+5167'
Relocation Work Anticipated {Describe and Relate to Location on Pro%ect:
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 rail=oad installation work)
Other
Construction (Actual railroad relocation time at job sits)
ESTIMATED MAXIMUM TOTAL
ADJUSTED RAILROAD RELOCATION PERIOD
(Allow for concurrsnt activitiss) ESTIMATED MINIMUM TOTAL
* See Highway Contract Special Provisions
( 14 days )*
14 days
De
Special Notation(s) to be included in Hiahwa? Contract Soecfal 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 h/ghway contract advertisement, and relocation should be __
of prsconstruction confsrsncs.
D Concurrsntly with projsct advertisement.
D Concurrsntly with c~ncement of highway construction.
The above date is based on construction plans and schsdules prsparsd by the DEPARTMENT, and therefore
is furnished for informational purposss only. This CC~PANY is not rssponsibls for circ,,mqtances bsyond
its normal control. However ths COMPANY will endsavor to fully coopsrats with the DEPARTMENT, and its
contractor, in clsaring ths projsct right of way as sxpsditiously as possibls. Tbs C~(PANY's fisld
reprssentativss can be contactsd at:
Mr Thomas Travato Tslsphons Numbsr: 1-800-342-1131 Ext 2327
% complete by date
SUBMITTED FOR THE COMPANY BY:
DEPARTMENTAL APPROVAL BY: E.F. Radson
District Railroad Coordinator
DATE:
DATE:
STAT~ OF FLORIOA DE~ARTMF-NT O~ TRANSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
WORK DESCRIPTION
GRADE CROSSING TRAFFIC CONTROL DEVICES
FORM 725-090-09a
REPLACES 841-33
01/90
PAG~ i of 1
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER R/WNUMBER NUMBER
40748 9-1-5 7-01 N.E. 8th Palm Bch 1 (93010-
Street Sig R)
RAILROAD COMPANY
IFlorida East Coast Railway Co. Inc.
Do
JOB DESCRIPTION & LOCATION: New pedestrian , rdwy gates, controller
TYPE OF ROADWAY FACILITY: City arterial
FDOT/AAR XING NO. 272488-T RR MILE POST: 315+5167'
TYPE SIGNALS PROPOSED: III CLASS: III DOT INDEX NO: 17882
STATUS AND PROPOSAL:
1. EXISTING DEVICES: (See Agreement dated
a. None-New Crossing.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. Flashing Signals with Cantilever.
e. XX Flashing Signals with Gate.
f. Flashing Signals with Cantilever and gate.
2. PROPOSED DEVICES (Safety Index Rating 702 )
a. No revision required.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. Flashing Signals with Cantilever.
e. XX Flashing Signals with Gate.
f. Flashing Signals with Cantilever and Gate.
g. Relocate existing signal devices:
( 1 ) (With-Without} addition of Gates.
(2) X~ (with-///////) synchzoniz.ation 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.
Company
Yes No
Citv Of Delray Beach
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 TP~%NSPORTATION
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
FORM 725-090-41
RAIL
07/96
COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR NUMBER NAME R/W NUMBER NUMBER
40748 9-1-57 -01 N.E. 8th Street Palm Bch 1(93010-
Sig R)
COMPANY NAME: Florida East Coast Railway CO
ae
B:
C:
D.
JOB DESCRIPTION & LOC3~TION:
TYPE OF ROADWAY FACILITY:
FDOT/AAR XING NO.: 272488-T
TYPE SIGNALS PROPOSED: III
New Rdwy & Pedestrian Gates
Minor City Arterial
RR MILE POST TIE:
CLASS III DOT INDEX
315+5167'
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 I2~W 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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