Res 96-91PiEP~A~F.S 7~'1-1'~ O~FIC~ Q~ PUBLIC YIqAN~POflTATIQN
10/11.
,.,., ~, CiTY HESOLUTION
GHADE CROSSING AND CRO$81NQ I, RA~FIC CONTROL DEVICES, FUTURE RESPONSIBILITY
~OUNTY SECTION .JO6NOMBER ROAO~NAME[OF~NUMBER COUNTYNAME '' i~AI~OEL~II~NUMUR FAPNUMOER
93 000 6949 S~E lOth,ST. PALM BEACH I(mSIG-R) RRP-O00S(~82)
THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, 'NSTAL~TION OF TRAFFIC CONTRC
ON MorION OF Commissioner (Councilman) ~ n()i O ~ R a~,~ il~ h , seconded b
Commissioner (Coudcilmsn) (~),' [J i R~ ~~~ ~ , the following.Resolutln was adoptec
WHEREAS, the State of Florida DepaKment of Transpo~atlon is constructing, reconstructing o
otherwise changing a portion of the Public Road System, ~~ AT S~ loth STREET .
, which shall call for the Installation and malntenanc~
of railroad grade~rossing traffic c0~troI devices for railroad grade ~rosslng ove~ or near said highway
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CI~ OF , FLORIDA
That the City of DELRAY BEACH enter into a RAILROAE
REIMBURSEMENT AGREEMENT with the State of Florida Department of Transpo~atlon and the FEC
Company for the installation and maintenance of ce~ain
grade crossings and traffic control devices for grade crossings designated am Job No. 93000-6949
on ... 5, [ 10th STREET . . which crosses the right-of-way and tracks of thf
Company at FDOT/AAR Crossing No, 27249~-p. located near DELRAY BEACH
Florida; and
That the'City assu~e' its share of the. cost8 for, future mmintenmnce'and adjustment of maid grade
crossing
traffic control devices aa deaignat~ in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Mayor and City Clerk be authorized to enter into much agreements with the State of Florida
Department of Transpo~ation and the FLORIDA EAST COAST RAZLWAY Company
herein described; ~nd
That this RESOLUTION shall take effect Immediately upon adoPtion.
INTRODUCED AND pAsSED by t;e city Commi~ion of th; City o, ~J/4 A,,/
Florida, in regular session, this t~ day of ~j~ ~ ~ ~._/~ '/~ ~- -/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: /~TY MANAGER
SUBJECT: AGENDA ITEM #~'~.- MEETING OF DECEMBER 3, 1991
RESOLUTION NO. 96-91
DATE: NOVEMBER 27, 1991
This is a resolution authorizing execution of a railroad
reimbursement agreement for the construction of railroad grade
crossings, installation of traffic control devices, and future
maintenance and adjustment of devices at the railroad crossing at
S.E. 10th Street.
At your November 26, 1991 meeting, this item was deferred in
order for staff to address additional concerns and questions
raised by the Commission. Attached as additional backup is a
memorandum from the City Attorney's office which will, hopefully,
address those concerns.
Recommend approval of Resolution No. 96-91.
ORNEY'S OFF]'CE TEL No. 407 278 4755 Nov 27,91 14:03 P.02
: ~' .,~ ~.,-
A ORNEY'S OFFICE
Date: November 27, 1991
TO: C~t¥ Commission
David Harden, City Manager
From: David N. TOlCeS, Assistant City Attorne~~
Subject: F_E.C. 8ailroad.Crossln~ on Atlantic Avenue
On May 6, ~988, ~.he State Department of Transportation approved
the transfer of Jurisdiction o~ Atlantic Avenue from the stat~
highway system to the Delray Beach cAty street system.
Pursuant to Florida Statutes Section 33§.04(1)(c), at the time
that the transfer of Jurisdiction over the road occurred, all
obligations of the State Department of Transportation under any
maintenance agreemen~ relating ~o railroad crossings were to be
transferred to the Cl~y. Thus, as par~ of ~ho transfer of
control of Atlantic Avenue, the Cl~y also assumed responsi-
bility ~or the main~enance ~or =ho FEC cross~ng on Atlantic
Avenue.
Approval of the resolution will allow the Department of
Transportation to assign ~=s r~ghts and respons~b~lit~es under
Che agreemenC w~t~ t~e FEC ~o t~e City. Pursuant to Paragraph
2 of the agreement entered ~nto In 1978, the C~ty will now be
responsible for 50% of the ~intenance cost for maintaining the
FEC cross~ng O~ Atlantic Avenue. T~e maintenance company
contracts with the FEC Railway Company ~or annual maintenance
of =he crossing. There 18 no additional responsibility ~o= the
Cl=y ~o con=fac= ou~ ~Ln~enance work.
Regardin~ concerns abou= lia~ili~y, because the Cl~y.
assuming the Doparbmen='s rights In the 1978 agreemen=,
Paragrap~ 7 of tho agreemen~ w~ll require the company
main~a~n~ng the cross~ng Co Lnde~fy, defend, save
and exonerate the ClOy from all l~ab~li~y, claims and demands
arising out of ~ho maintenance work done by the company. Thus,
.tho City ~s a~quatoly protected ~rom any claims arising from
faulty main~onanco of ~he railroad crossing.
I believe th~s memo ~as addressed ~he concerns raised at your
Nove~er 26, 1991 mee~lng. If you have any other questions,
please call.
D~: sh
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF NOVEMBER 26, 1991
RESOLUTION NO. 96-91
DATE: November 22, 1991
This is a resolution authorizing execution of a railroad
reimbursement agreement for the construction of railroad grade
crossings, installation of traffic control devices, and future
maintenance and adjustment of devices at the railroad crossing at
S.E. lOth S{reet.
Upon entering into' this agreement, the City will assume the
responsibility for contributing 50~ of the annual maintenance cost
for the railroad crossing.
Earlier this year, this crossing was reconstructed. In order to
ensure that the federal funds appropriated for the reconstruction
project will be available to pay the City's share, the resolution and
agreement must be executed and delivered to the Department of
Transportation by December 9, 1991.
OITY E~,TTORNEY'S OFFICE TEL No. zlO? 278 4?55 Nov 20,91 1'~:01 P.02
UF DELIIII¥ BEIII:H
CITY ATTORNEY'S OFFICE ~ ~,,, ,,, ,,,,~,,., .,,.,,,,,,
YACSIMILG 407/278.4755 ~.~,..Lter i s
4[407) 243-7090
To, City Commission
.David Harden, City Manager
From: David N. Tolces, Assistant City At~orn~
Subject: FEC Railroad crossing at S.E. 10th Street'
~!lroad Reimbursement Agreemen~
The attached resolution and agreement sh6uld--he placed on the
November 26, 1991 C£ty Commission .agenda. This is a~.~greement
between the State Department of Transportation, Flor~ida East
Coast Railway, and the City. Upon entering into this
agreement, the City will assume the responsibility of con-
tributing 50% of the annual maintenance cost .for the railroad
.crossing.
Earlier this year, this crossing was reconstructed. In order
to insure that the federal funds appropriated for the recon-
struction pro]eot will be available to pay the City's share,
the resolution and agreement must be executed and delivered to
the Department of Transportation b~ December 9, 1991.
DNT:sh
fecrail.txt
STATB OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL
~ TWO (2)
SUPPLEMENTAL AGREEMENT NO.
COUNTY SECTION JOB ROAD NAME COUNTY NAME PARCEL & FAP
NUMBER OR NUMBER R/W NUMBER NUMBER
93 000 6949 SE lOth St. Palm Beach I(SIG-R~ RRP-000S
(382)
THIS AGREEMENT, made and entered into this t G day of ~U~ ,
19 ~- by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the DEPARTMENT, and FLORIDA EAST ¢0AST RAILWAY CO. ,
a corporation organized and existing under the laws of Florida , with
its principal place of business in the City of St. Auqustine ,
County of st. JohDs , State of F%orida ,
hereinafter called the COMPANY; and the City of DELRAY 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 Job No. 93000-6949 , ~ at SE 10th St. and
, .which crosses at grade the right-of-way and tracks of the COMPANY
at a point 4508 feet South from the COMPANY'S Milepost 317 ,
FDOT/AAR Crossing Number .. 272495-D , at or near Delray Beach , as
shown on DEPARTMENT'S Plan Sheet No. One , attached hereto as a part
hereof; and
W~EREAS, the CITY and the COMPANY have heretofore on the 23rd day of
. May , 1972 , entered into a R~ILROAD LICENSE AGREEMENT for
construction and improvement of said railroad grade crossing; and for
furnishing necessary materials and installing automatic grade crossing
signals and/or other traffic control devices at said railroad grade
crossing; and
NOW, THEREFORE, in consideration of the mutual undertaking as herein
set forth, the parties hereto agree as follows:
1. The COMPANY shall furnish the necessary materials and install
automatic grade crossing signals and/or other traffic contro.] devices at
31RR-10 I !"',~ (2/91)
said location on an actual cost basis, and in accordance with the
DEPARTMENT'S Plan an~ Standards Index Number 17882 attached hereto and by
reference made a part hereof. After said traffic control devices have been
installed and found to be in satisfactory working order by the parties
hereto, the same shall be immediately put into service. After installation
of said signals is completed, fifty (50) percent of the expense 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 Annual Cost
of Automatic Highway Grade Crossing Traffic Control Devices attached hereto
and by this reference made a part hereof.
2. The COMPANY hereby grants to the DEPARTMENT the right to construct
the said Highway at grade, and necessary approaches thereto, across its
right of way and over its track(s) at the hereinabove referred to location.
3. The COMPTuNYwill provide, furnish or have furnished, all necessary
materials required for,' and will construct or have constructed at the
DEPARTMENT'S expense a s~andard Railroad Crossing Type "T" Mod,, in
accordance with the DEPI~RTMENT'S Standard Index No. 560 attached hereto and
by this reference made a part hereof. Upon completion of the crossing the
CITY shall be responsible for the maintenance cost of said crossing from
the right of way line to right of way line of the COMPANY including the
portion of said crossing over and across the COMPANY'S existing or future
tracks and over and between the ties therein.
4. Ail work contemplated hereunder shall at all times be subject to
the approval of COMPANY'S Chief Engineer or his authorized representative.
The DEPARTMENT, or the DEPARTMENT'S Contractor, shall give COMPANY'S
Division Engineer and/or Superintendent at least seventy-two (72) hours
notice'prior to the performance of any work within the limits of the
COMPI%NY'S right-of-way.
5. The DEPARTMENT wi11 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 and whenever the contractor is performing
work requiring the movement of employees, trucks, or other equipment across
the tracks of the COMPANY.
6. The DEPARTMENT will require its contractor to furnish Railroad
~rotective Public 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
3 RR-10 2 ¥,'
,~ (2/91)
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 COMP~NYa Certificate of Insurance showing that
the contractor carries liability insurance (applicable tW 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
insurance is to conform with the requirements of the U.S. Department of
Transportation, Federal Highway Administration, Federal-Aid Highway Program
Manual, Volume 6, Chapter 6, Section 2, Subsection 2, Transmittal 350 dated
October 1, 1982, and any supplements thereto or revisions thereof.
7. The DEPARTMENT will bear the cost of all temporary and permanent
changes made necessary in the COMP]~NYsignal wire line or other facilities,
and in the wire -line facilities of any utility that has compensable.
interest on th~ COMPANY'S right-of-way occasioned by the construction of
said crossing and the occupancy of the COMPANY'S property, provided such
costs are accrued as specified in Paragraph 7.
8. The COMPANY hereby agrees to install and/or adjust the necessary
parts of its facilities along said Road in accordance with the provisions
set forth in the;
(a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility
and Railroad Relocation," dated October 1, 1973, and Rule
14-46.002 "Responsibility for the Cost of Railroad/Highway
Crossings," Florida Administrative Code, dated February 3,
1971,
~ (b) Federal Highway Administration, Federal Aid Highway Program
Manual Volume 1, Chapter 4, Section 3, dated August 5,
19885 and Volume 6, Chapter 6, Section 2, Subsection 1,
dated April 24, 1984,
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 the supervision
and approval of the DEPARTMENT and the Federal Highway Administration, when
~pplicable.
9. The DEPARTMENT hereby agrees to reimburse the COMPANY for all
(2/91)
costs incurred by it in the 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
incorporation within this agreement shall not be subject to payment by the
DEPARTMENT.
10. Attached hereto, and by this reference made a par~ 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 $91,603.00 . All 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, where applicable.
11. Ail labor, services, materials and equipment furnished by the
COMPANY in carrying out the Work to be performed hereunder shall be billed
by the COMP]%NY directly to the DEPARTMENT'S 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.
12. 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 thereafter:
~ (a) Actual and related indirect costs accumulated in accordance
with a work order accounting procedure prescribed by the
applicable Federal or State regulatory body.
. (b) Actual and related indirect costs accumulated in accordance
with an established accounting procedure developed by the
COMPANY and approved by the DEPARTMENT.
__(c) An agreed lump sum $ , as supported by a
detail analysis of estimated cost attached hereto. (Note:
This method is not applicable where the estimated cost of
the proposed adjustment exceeds $100,000.00).
13. The installation and/or adjustment of the COMPANY'S facility as
planned (will/will not) involve additional work over and above the minimum
reimbursable requirements of the DEPARTMENT. (If upgrading and/or
nonreimbursable work is involved at the option of the COMPANY, then credit
against the cost of the project is required and will be governed by the
31RR-10 4
?. (2/91)
method checked and described hereafter):
__(a) ' % will be applied to the final billing of work
actually accomplished to determine required credit for
(betterment) and/or (expired service life) and/or
(nonreimbursable segments).
__(b) All work involving nonreimbursable segments will be
Performed by special COMP~NYwork or job order'number apart
and separate from the reimbursable portion of the work;
such work or job order number to be . The
COMPANY further agrees to clearly identify such additional
work areas in the COMPANY'S plans and estimates for the
total work covered by this Agreement.
(c) $ credited for (betterment) and/or (expired
service life) and/or (nonreimbursable segments) in
accordance with Article 11.(c) herein above.
14. It isspecifically"agreed by and between the DEPARTMENT and the
COMPANY that the DEPARTMENT shall receive fair and adequate credit for any
salvage which shall accrue to the COMP/%NY as. a result of the above
adjustment work.
15. It is further agreed that 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.
16. 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 the costs incurred in connection with the
work performed hereunder, such statement to follow as closely as possible
the order of the items contained in the estimate attached hereto. The
totals for labor, overhead, travel expense, transportation,, equipment,
material and supplies, handling costs and other services shall be shown in
such a manner as will permit ready comparison with the approved plans and
estimates. Materials shall be itemized where they represent major
components of cost in the relocation following the pattern set out in the
approved estimate as .closely as is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall
be reported in said bills in relative position with the charge for the
31RR-10 5
~ (2/91)
replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project:
the date on which the first work was performed, or, if preliminary
engineering or right-of-way items are involved, the date on which the
earliest item of billed expense was incurred; the date on which the last
work was performed or the last item of billed expense was incurred; and the
location where the records and accounts billed can be audited. Adequate
reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be
subject to audit by a representative of the DEPARTMENT. Upon receipt of
invoices, prepared in accordance with the provisions of the above indicated
Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the
amount of such actual costs as approved by the DEPARTMENT'S auditor.
17. 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 COMP~NY 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.
18. All terms and conditions in the above mentioned. RAILROAD LICENSE
AGREEMENT dated ~ May 23. 1972 are hereby reaffirmed except where
supplemented, changed, or amended by this SUPPLEMENTAL AGREEMENT.
31RR-Z0 6 (2/91)
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
DEPARTMENT OF TRANSPORTATION
DISTRICT SECRETARY
~ Secretary ~
COMPANY: FLORIDA EAST COAST RAILWAY CO.
ATTEST:-~
CITY OF DELRA¥ BEACH , FLORIDA
BY: , ,, (SEAL)
Approv~ as to form: Approved as to Funds Approved as to FHPM
Legali~ and Execution Available Requirements
~ BY: , Approved under Terms of
ttorney-D~ Date Fiscal-DOT Date Alternate Procedures.
31RR-10 7 !' '
,,, (2/91)