R93-109RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING
EXECUTION OF, A RAILROAD REIMBURSEMENT AGREE-
MENT 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.
WHEREAS, the State of Florida Department of Transportation
is constructing, reconstructing or otherwise changing a portion
of the Public Road system, at NE 10th Aven~e, which shall call
forthe installation and maintenance of ramlroad grade crossing
traffic control deVices for railroad grade crossings over or near
said highway.
NOW, THEREPORE, BE IT RESOLVED BY ~HE CI%~Y COMMISSION OF
THE CITYOFBO~NTON BEACH, FLORIDA, ~AT~
Sectio~ 1. That the City of Boynton Beach enter into a
Railroad Reimbursement Agreement with the Stat~ 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. 93099-6905
on NE 10th Avenue which crosses the tight of way and tracks of
the Company at FDOT/~2LR Crossing No. 272478~M located near
BoyntonBeach, Florida.
future ma
control
Agreement.
and adjustment of said grade
as designated in the Railroad
That the City assume its sha~'e of the costs for
~ crossing traffic
.eimburse~ent
Set,on 3, That the Mayor and City Cl~
enter into such agreements with the State of FI
of Transportation and the Florida East Coast R~
herein described.
k be authorized to
orida Department
ilway Company as
Section 4, That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of July, 1993.
CITY OF BOYAVfON BEACH, FLORIDA
Mayor
Vic
ATTEST:
Ci~J~ Clerk
(Corporate Seal
Commi
099
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING YRAFFIC CONTROL DEVICES-MUNICIPAL
6905 NE. 10th AVEJ PALM BCH.
I(SIGR)
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 Co.
corporation organized and existing under the laws of
with its pr nC pal place of business in the City of
Count/of St; Johns
tr, e COMPANY; and the City of Boy ri:on
The Staue 3f Florida
St. Augus:ine
· State of Florida . hereinafter called
Beach. a municipal corporation nereinafter called the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a porhon of
the Public Road System, designated by the DEPARTMENT as Job No. 93099-6905
l:Ye~¢e'n a~ NE. ~/n/d/ 10th Ave. which crosses at grade
the r~ght-of-way at3d tracks of the COMPANY at a point 3505 feet South from the
COMPANY'S Milepost 311 FDOT/AAR Crossing Number 272478-M
at or near Boyn~on Beach . as shown on the DEPARTMENT'S Plan Sheet No.
One . attached hereto as a part hereof, and
NOW, THEREFORE in consideration of the mutual undertakings as hereto set forth, the parties hereto
agree as follows:
3. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals
Type ltl- Class III and/or other 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 CITY 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 ant
Dy this reference made a par/hereof.
RESOLUTION NO. R93-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING
EXECUTION OF A RAILROAD REIMBURSEMENT AGREE-
MENT FOR THE INSTALLATION-OF GRADE CROSSING
TRAFFIC CONTROL~EVZ-C~ES,,~AND ~U~URE:~
MAtNTE~ANCE,~AND ~DJ~STME~0F~SA/D DEVICES;
PROVIDING FOR THE, EXPENDITURE OF FUNDS;AND
pRovIDI~NG -WHEN ~Hi~ :?RES0L~TON~'sHALL TkKE
E~FECT.
of
for the
,traffic
said highw,ay~.
the State of Florida Department of Transportat~ ~
)rti~n~
~ar
NOW, THEREFORE, BE~IT:'RESO~.VED BY THE CITY' COMMISSION OF
THE CITY OF BOYNTON BEACH, FLOR~lq)A, THAT:
P, ach enter into a
Dep~ 2Oast Railway
Comp
cl )99-6905
on NE' t~acks of
near
Se¢}ig~ 2. That the City assume its Share,of the cosss for
futuremai~ance'"and adJustm~nt, c g traffic
control devices as designated in the Railroad
Agreement.
Sgctiol~ ~, That the Mayor and City clerk be authorized---o
enter in~b~sUch agreements with the State oJf Flor~ida Departmer
of Transportation and the Florida East Coas~ Railway Company
herein described.
Secttoll &, That this Resolution
immediately upon passage.
shall become effective
PASSED AND ADOPTED this
day of J~ly, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
3. After said signals have been installed and found to be in satisfactor)
hereto, the same shall be immediately put into service, operated and mair
long as said COMPANY or its successors or assigns shall operate the said
or until it is agreed between the parties hereto that the signals are no
said crossing is abandoned, or regal requirements occur which shall ceas
The COMPANY agrees .that any future relocation or adjustment of said si
the COMPANY, but at the expense of the party initiating such relocation. Upc
responsibilities shall be in accordance with the provisions of this agreement.
working order by the parties
rained by the COMPANY so
gnals at said grade crossing;
)rigor necessary or until the
operabon of si~ hals thereat.
~nals shall be performed by
n relocation the maintenance
ano any supplements thereto or rews~ons thereof, which by reference her
The COMPANY furtheragrees to do all of such work with its own forces o
a contract let by the COMPANY, all under the supervision and approval ol
Federal Highway Administration, when applicable.
6. The DEPARTMENT hereby agrees to reimburse the COMPANY f¢
the installation and/or adjustment of said facilities, in accordance with the pro'
4. Unless otherwise agreed upon herein, the CITY agrees to. nsure thaI at the crossing the advance
warning signs and railroad crossing pavement markings will;conform to the MUTCD within 30 days of
notification that the railroad signal improvements have been corn pleted and l hat such signs and pavement
mar~ 'rigs will be continually maintained at an acceptable level.
5. 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) DEP,ARTMENT Procedure No. 132-046 "Reimbursement for Utility an(] Railroad
ReloCation." dated 'October 1, 1973, and Rul~ 014-46.002 "Responsibility for the Cost of
Railroad/Highway Crossings," Florida Administrative Code, ~ated February 3, 1971.
×× th) Federal Highway Administration Federal Aid Highway Program Manual Volume 1, Chapter
4, Section 3, dated August 5, 1988; and Volume 6, Chapte~ 6. Section 2. Subsection 1.
dated April 24, 1984.
.~to. are made a part hereof.
· oy a contractor pa~d under
the DEPARTMENT and the
r all costs incurred Dy it in
'isionS of the above indicated
Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood an¢ agreed
by and between the partie~ hereto that preliminary engineering costs not incorporated with n th s agreement
shall not be subject to payment by the DEPARTMENT. ~
7. Attached hereto, and by this reference made a part hereof, are pla/'~s and spec f cations of the
work to be performed by the COMPANY pursuant to the terms hereof and ar estimate of the cost thereof
~n the amount of $ 48,527. O0 . All work performed by the COMPANY pursuant hereto, shah
be performed according to these ;~lans and specifications as approved by the DEPARTMENT ano the
Federal-Highway Administration if federal aid participating; and all subsequer
De approved by the DEPARTMENT and the Federal Highway Administration.
8. All labor, services, materials and equipment furnished by the COMP~
to be performed hereunder shall be billed by the COMPANY direct to the OEP
as tO the costs of contract bid items and force account items performed
be furnished by the COMPANY to the DEPARTMENT.
t plan changes shali Kew~se
~/hen applicable.
~NY in carrying out [ne work
~.RTMENT, Separate recoros
)r the COMPANY shall also
9. The COMPANY nas determined that the method to be use(: m developing the relocation or
installation cost shall be as s pecified for the method checked and described hereafter:
~(× (a) Actual and related indirect costs accumulated in accordance with a work order accounting
procedure preScr bed by the app cable Federal or State regulatory body.
(b) Actuatand refated indirect costs accumulated in accordance with an established accounting
procedure develoPed by tlie COMPANY add approved by the'DEPART ~[ENT.
__(c) An agreed lump sum $ as supported by ~detai
aha ys's of est mated cost attached hereto. (NOTE: This method is. not applicabl, ,,here
the estimated'host 0f the,is~OP0~e8 a~i~st~men'~ exceeds $'10di(X)O.}"
10. The nsta at on and/or adjustment of.,.,tbe COMPANY'S ,faoi t~ as, pla,~n¢¢~ (w I:!/~./,~,,H/f'~rt) involv(
addibonal work over and above t,he ,minimum reimbursable requiremeqts of the DEPARTMENT. (1~
upgrading and/or nonre mbursab e work s revolved at the ophon of the COMPANY, then cred t agams
the cost of the project is required and will be g0vemed'by the method checked: and described hereafter):
N/A (a) Fo wil be a~pplied .,to ine final bil;! 0g 04 ..wo~rk ac,~:~:?~,~¢.~omplished to determin~
required credit for, (betterment) and/or. (~exp[red servi~c~e,.lif~e4)-and/or (nonre mbursabl~
segments).
N/A (b) All work involving nonreimbursable segments will be performed by special COMPANt
work or job order number apart and separate from the reimbursable portion of the work
such work or job order number to be The COMPANY furthe
agrees to clearly ~dentify such additional work areas in the COMPANY'S plans and estimate:
for the total work covered by this Agreement.
N/A (c) $ credited for (betterment) and/or (expired service life) and
or (nonreimbursable segments) in accord with Article 9.(c) herein above.
11. It is specifically agreed by and between the DEPARTMENT and the COMPANY t .~t tn
DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPAN'
as a result of the above installation and/or adjustment work.
12. It is further agreed that the cost of all improvements made during this adjustment work sna
be borne by the COMPANY. subject only to the DEPARTMENT bearing such portion of this cos~ a
represents the cost of adjustment of previously existing facility, less salvage credit as set forth in th
immediately preceding paragraph.
13. Upon completion of the work the COMPANY Shall, within one hunt, red eighty (180) days, furnish
the DEPARTMENT with two (2) .copies of its final an(3 complete billing of all costs incurred in connection
with the work performed hereunder, such statemenl to follow as closely as possible the or(~er of the
~tems contained m the estimate attached hereto. The totals for labor, overhead, travel expense.
transportation, equipment, material and supplies, handling costs and other services shall be shown ~n
SUCh a man~er as will permit ready comparison with tl~e approved plans and estimates. Materials shall
be itemized where they represent major components of cost in the relocat on following the pattern set
out in the approved estimate as closely as is possible. Salvage credits flrom recovered and replaced
permanent and recovered tempora~ materials shall oe reposed in said bills in relative position with
the charge for the replacement or me original charge for tempora~ use.
The final billing shall snow the oescr, ptior and site of the Project; the date on which the first work
was pedormed, or, if prelimina~ engm~ring or right-of-way items are ~n~olved, the date on wn cn t~e
earliest item of billed expense was incurred; the date on which the last wcrk was pedormed or the last
item of billed expense was incurred: and the location where the records and accounts billea can be
audited. Adequate reference shall be made in the billing to the COMPANY'~ records, accounts ann other
relevant documents. All cost records and accounts shall be subject to au~lit by a representative of the
DEPARTMENT. Upon receipt of invoices prepared in accordance with the previsions of the above in~cate~
Reimbursement Policy, t~e DEPARTMENT agr~s to reimburse the COMPANY in the amount ~f such
actual costs as approved by the DEPARTMENT'S auditor.
/
I5. Paragraph t4, deleted prior to execution.
Paragraph 15, added prior to execution.
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
DE PARTMENT OF TRANSPORTATION
BY
ATTEST:
DZSTRZCT SECRETARY
Secretary
(SEAL)
COMPANY: THE FLORIDA EAST COAST RAILWAY CO.
(SEAL~
CITY OF
BY:
BROWARD . FLORIDA
(Title: )
(SEAL)
ATTEST:
Approved as to Form, Legality
and Executton
BY:
Attorney - DOT
Approved as to Funds
Available
BY:
Approved as to F"JHPM
Requirements
Date Fiscal-DOT
Date
BY XXXXXXXXXXXXXXXXXXXXXX
FHWA Date
APPROVED UNDER TERNS OF
ALTERNATE PROCEDURES.
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY NAME
NE lOth Ave.
6905 Palm Bch. i(SIGR)
J
COMPANY NAME: The Flprida Easn Coast Railway Co.
A
B
JOBOESCRIPTION&LOCAT DN Install a Flashing Ligh~ and Gate on the West side.
TYPE OF ROADWAY FACILITY 2 Lane Urban
FDOT/AAR XING NO
TYPE SIGNALS PROPOSED
272478-M
III
RR MILE POST TIE: 31I 3505'
CLASS III DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSI~IG TRAFFIC CONTROL DEVICES
CLASS
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 1, 1991
COST'
$1.404.00
$1.858.00
$2.117.00
$ 2657.00
AUTHORITY:
ELORIDA 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 1. 1991
334.044 F.S
335.141 F.S,
/
!
z
°-
Z
FLORIDA EAST COAST RAlbWAY
OFFICE OF THE SUPERINTENDENT
OF SIGNALS A/qD COMMUNICATION
DATE:01-12-93
FILE# 10.2
MP.311+3505
N.E. 10TH AVE
DOT# 272~78M
ESTIP[ATED COST FOR CROSSING SIGNAL WARNING DEVICES
MATERIAL UNIT COST UNITS
GATE ASSEMBLYS $4,114.00
GATE FOUNDATIONS S375.00
WIRED CASE $13,500.00
BATTERY BOX $~70~00
MISC SMALL ITEMS $500.00
GATES $5'00.60
EQUIPMENT RENTAL $500.00
CONTINGENCIES $445.0~0
CONDUIT $300-6~
BATTERIES $2,0.00.00
CABLE $1,750.O0
MISCELLANEOUS RELAY EQUIP $500.~0
FREIGHT & TAX
LABOR $2,354.00
GANG EXPENSES $410.00
EXTEND~CURB AND GUTTER
TOTAL
TOTAL COST
$4,114.0
$375.0~
$13,500.06J
$370.00
$5O0.0O
$500.0O
$500.00
$445.00
$300.00
S6,000.00
$1,750.00
$500.00
$4,617.00
$9,416.00
$1,640.00
$4,000.00
$48,527.00
*THIS PRICE IS EFFECTIVE FOR 1) ONE YEAR FROM DATE OF ESTIMATE
N~LL
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