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HomeMy WebLinkAboutDocumentation_Regular_Tab 5C_10/26/1989 „i, fr. 011ibb- i VILLAGE OF TEQUESTA C-----‘411:' 4 Post Office Box 3273 • 357 Tequesta Drive , Tequesta, Florida 33469-0273 • (407) 575-6200 ''� -” , FAX: (407)575-6203 ,nr V=L LAGE MANAGER • S RE PORT OCT C3 8 ER 9 — MC) „ ]..gag 1. October 9, 1989 a) A Recycling Program Meeting was held at 2:00 P.M. in the Village Hall Council Chambers. b) Letter to John C. Randolph, Esq. , Village Attorney, relative to Professional Services Agreement; Gee & Jenson 2. October 10, 1989 a) Letter to Gary van Brock relative to Tequesta Town Center; Trusts 200 & 400. 3. October 12, 1989 a) A regularly scheduled meeting of the Village Council was held at 5:30 P.M. in the Village Hall Council Chambers. . b) Letter to Carlos J. Berrocal, Esq. , Kempe, Berrocal & Wilkins, concerning Well 8-R Project; Cypress Villas. c) Letter to Jennifer L. Ford in response to hers pertaining to Request for Contribution. d) Letter to The Hon. Karen T. Marcus, Board of County Commissioners, thanking for her efforts in expediting the Traffic Signal at Intersection of Tequesta and Riverside Drives. e) Letter to Tracey A. Wild, Esq. , Adelphia Cable Communications, in connection with Village of Tequesta Resolution No. 11-88/89. f) Letter to Faye Schrecengost, Executive Director, Lighthouse Gallery, thanking for her hospitality and kindness extended to the Village for the use of the facility during Charrette Symposium. g) Letter to Robert C. Thomas granting permission to conduct a two day Arts and Crafts Show at Tequesta Shoppes, to be held on October 13 and 14, 1989. Village Manager's Report October 9 - 20, 1989 Page 2 - 4. October 16, 1989 a) Letter to Jerry W. Brownlee, Library Director, Palm Beach County Library System, enclosing Village of Tequesta proposed Master Plan for his information. 5. October 17, 1989 a) Memorandum pertaining to Gasoline Purchases of employees assigned to Village vehicles to follow gasoline purchase procedures. 6. October 18, 1989 a) Letter to Michael Cesarano, JTAA Parade Director, granting permission to conduct the 13th Annual JTAA Christmas Parade on December 10th. b) Letter to The Honorable Walter Thom, Vice- Chairman, Board of ' County Commissioners, Martin County concerning Village of Tequesta Ordinance No. 392. 7. October 19, 1989 a) Letter to W. Richard Staudinger, P.E. , Gee & Jenson relative to Tequesta Capital Connection Charges for his review and action. b) Memorandum to Village Council regarding Tequesta Town Center Master Plan. c) Memorandum to All Department Heads enclosing Safety News Pamphlet for dissemination to employees of their department. d) Memorandum to Village Council recommending appointment of Charles B. Foelsch, Jr. to the Code Enforcement Board. e) Memorandum to Village Council relative to Application for Local Government Land Development Regulation Assistance Funds. 8. October 20, 1989 a) Memorandum to Village Council regarding authorization purchase of Emergency Generator for Water Department wells. b) Memorandum to Village Council in connection to Water Department Capital Connection Charges. • Village Manager's Report October 9 - 20, 1989 Page 3 - c) Letter to John C. Randolph, Esq. , Village Attorney enclosing correspondence for his review, relative to Tequesta Noise Ordinance Revision of Maximum Decibel Levels. d) Mailed to news media a notice of Village Council Meeting scheduled for Thursday, October 26th at 5:30 P.M. /mk ik------A. 7127774 VILLAGE OF TEQUESTA o �` ,, Post Office Box 3273 • 357 Tequesta Drive ' =-.r lir��o` Tequesta, Florida 33469-0273 •• (407) 575-6200 ' =r�ti FAX: (407) 575-6203 MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager ' -- DATE: October 19, 1989 SUBJECT: License Agreement with Florida East Coast Railway Company for Tequesta Drive Road Crossing Attached hereto, please find a copy of the standard form of License Agreement utilized by FEC for all public road crossings of its right-of-way. This License Agreement pertains to Tequesta Drive and commits the Village to the following: o One half of annual maintenance cost for Class III signal devices in the total amount of $980 per year. o Installation costs for the necessary signal devices at an estimated cost of $88, 926. o Replacement costs for the provision of a 104 foot wide type "T" modified crossing structure estimated to be $31, 100. o Provision of a General Liability Master Insurance Policy having a combined limit of $3,000,000; having an annual estimated premium of $3,090. Funding has been allocated in the amount of $120,026 to accomplish the necessary crossing and signal work in this location. The grade crossing improvements have been scheduled to commence on Monday, October 30, 1989 upon execution of this License Agreement by the Village. The work should be completed within 4 working days. It is recommended that the Village Council authorize the Village Manager to execute the License Agreement with the FEC. TGB/jmm RESOLUTION NO. 2-89/90 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE ' OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY FOR THE GRADE CROSSING AT TEQUESTA DRIVE. WHEREAS, the Village of Tequesta desires a formal license agreement with the Florida East Coast Railway Company to govern the railroad crossing at Tequesta Drive, and WHEREAS, the FEC Railway has approved the Agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Tequesta, Florida, as follows: Section 1. The Village Council of the Village of Tequesta adopts and approves the Agreement attached hereto and incorporated herein. Section 2. That the Village Manager is hereby authorized to execute said Agreement and directed to forward same to FEC Railway. THE FOREGOING RESOLUTION was offered by Councilmember who moved its adoption. The Resolution was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of October, 1989. Mayor of Tequesta Joseph N. Capretta ATTEST: Bill C. Kascavelis Village Clerk FLORIDA EAST COAST RAILWAY COMPANY P.O.DRAWER 1048,ONE MALAGA STREET,ST.AUGUSTINE,FLORIDA 32084 FEC October 4, 1989 File: 550(MP 281 + 4096') eN I IPA TEQUESTA: GRADE CROSSING IMPROVEMENTS � -` ___... Ica TEQUESTA DRIVE, MP 281 + 4096' ti..j/ FORM OF LICENSE AGREEMENT l� i a-1 � G1 PGF�PFp� p,�, YV Mrs. W. K. Harrison, Administrative Assistant `< Village of Tequesta, Office of Village Manager F J' S P. 0. Box 3273 Tequesta, FL 33469-0273 Dear Mrs. Harrison: Enclosed herewith please find two copies of a form of agreement proposed for the improvement and future maintenance of the above-noted grade crossing. The document is executed by the Railway. Would you please handle for execution by your City, returning that copy noted as our original upon its completion. Also, please furnish a cer- tified copy of the instrument authorizing your signature to bind the City, if such is required. • Very truly yours, S �z W 0 W. S. STOKTOKELYZSbar" Chief Engineer WSS/jw Enclosure cc: Mr. R. W. Wyckoff Mr. L. Paine Mr. G. E. Clegg "EXHIBIT A" THIS LICENSE AGREEMENT, to be effective from the day of , 1989, is between the FLORIDA EAST COAST RAILWAY COMPANY (Address: Post Office Drawer 1048, St. Augustine, Florida 32084) , a Florida corporation, hereinafter called "RAILWAY" and VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (Address: P.O. Box 3273, Tequesta, FL 33465) , hereinafter called "SECOND PARTY" . WITNESSETH: That the RAILWAY, for valuable consideration and the covenants and agreements herein contained to be performed and kept by the SECOND PARTY, does hereby give and license unto the SECOND PARTY the right and privilege to use, for public at-grade road crossing purposes only, that part of the right-of-way and property of the RAILWAY at the location described as follows, and hereinafter referred to as the "crossing site" : See Exhibit "A" Attached Hereto. TO HAVE AND TO USE the crossing site for the term provided in Paragraph 2, or until terminated as hereinafter provided. The status of the SECOND PARTY is that of a licensee and not lessee. It has the right to use the crossing site as specified herein, but legal possession of the crossing site shall remain with the RAILWAY. In consideration of the granting of this Agreement by the RAILWAY, the SECOND PARTY covenants and agrees with the RAILWAY as follows: 1 . That the crossing site shall be used for public at-grade road crossing purposes only across the RAILWAY's right-of-way and tracks, and except herein provided, no pipe, wire, rail, or other line or structure shall be placed in or on the crossing site without the previous consent in writing of the RAILWAY. SECOND PARTY further agrees that the crossing site, together with the additional portions of the RAILWAY's right-of-way within 325 feet of the northerly and southerly limits of boundaries of the crossing site, will at times be kept clear of any vegetation or other growth greater than two feet in height on each side of the tracks at the expense of SECOND PARTY and without cost to RAILWAY or lien upon RAILWAY's property. 2. This Agreement is for the term of one (1 ) year, if SECOND PARTY holds over and remains in possession after the expiration of such term or of any renewals thereof, this Agreement shall be considered as renewed unless sixty days' 0 -2- written notice of the termination of same has been or is given by the RAILWAY and shall continue in effect from year to year, subject to the same terms and conditions as herein contained. 3. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the crossing site, and in the event the said SECOND PARTY shall fail to comply with . any of the covenants .and conditions, then this Agreement shall be void and shall terminate with full right on the part of the RAILWAY to reenter, repossess, and remove the crossing if it shall elect to do so. 4. The SECOND PARTY hereby grants unto the RAILWAY necessary permits for the installation, construction, erection, repair, and maintenance of any of the RAILWAY-owned or maintained facilities described in this Agreement. If SECOND PARTY fails to promptly grant the RAILWAY necessary permits for repair or maintenance of its tracks or facilities on or about the crossing site, SECOND PARTY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to • slow ordering of trains. SECOND PARTY shall promptly pay such amounts upon rendition of appropriate billing by the RAILWAY. 5. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the crossing site, including but not limited to the crossing structure and railroad and highway devices whether performed by the SECOND PARTY or RAILWAY, shall be the sole responsibility of • the SECOND PARTY. Further, one-half of the cost for annual -3- maintenance of the railroad devices as defined in Paragraph 8 shall be the responsibility of the SECOND PARTY. The RAILWAY may, at its option, perform such maintenance and replacement work and bill the SECOND PARTY directly for costs thus incurred that are the responsibility of the SECOND PARTY. Costs for annual maintenance of the railroad devices, shall be the costs for one set of Class III, Type IV signal devices in the total amount of $980.00 per year. The RAILWAY will install the necessary signal devices at the sole cost of the SECOND PARTY. Installation costs are estimated to be $88,926.00 as shown on the estimate for signal installation attached and incorporated by reference. 6. The RAILWAY shall replace the existing 74' wide Type "T" modified grade crossing with a 104' wide Type "T" modified crossing structure in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560 (hereinafter referred to as "STRUCTURE" ) at the sole cost of the SECOND PARTY. Said cost is estimated to be $31,100.00 (see attached estimate, incorporated by reference) . When the RAILWAY determines that the replacement of the new STRUCTURE is more economical than its continued • maintenance, the RAILWAY shall have the exclusive option to replace the STRUCTURE with a comparable or improved facility. f. ' The replacement, repair and maintenance costs of the new structure shall be the sole responsibility of the SECOND PARTY• y:9 The SECOND PARTY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY's right-of-way, plus 4 -4- any paving which may be located between the ends of the ties. The RAILWAY shall provide a flagman at said crossing site while work is being performed by the SECOND PARTY under the provisions of this Agreement, at the total expense of the SECOND PARTY. 7. The SECOND PARTY agrees, acknowledges and understands that the RAILWAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track, or tracks or other facilities on its right-of-way at the crossing site. The SECOND PARTY agrees to bear the total expense of any changes or additions to the pavement, railroad devices other railroad signalization equipment, and crossing structure at the crossing site whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the SECOND PARTY. 8. The RAILWAY shall maintain and replace flashing lights, bells and gates, referred to jointly as "railroad devices" at the crossing site. SECOND PARTY shall pay unto RAILWAY one-half the annual cost of maintenance of said automatic crossing protection devices as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES as may be amended; said sum for annual maintenance currently being $980.00. The aforementioned railroad devices are owned by the RAILWAY, and shall remain at the crossing site until it is agreed between the parties that the railroad devices are no longer needed or other legal requirements -5- are imposed which shall eliminate or substantially change the operation of the railroad devices. 9. The SECOND PARTY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the crossing site. Such facilities must first be approved by the RAILWAY and any other governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all times to their approval. An additional license agreement may or may not be required by the RAILWAY, depending upon the type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 10. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossings shall be installed, maintained, and replaced at or near this crossing site by the SECOND PARTY. 11. The SECOND PARTY further covenants to pay, either directly or upon bills presented unto SECOND PARTY by the RAILWAY within thirty ( 30) days after presentation of the same, all bills for electricity for the lighting and illumination of the crossing site. 12. At the termination of this Agreement for any cause, or upon termination of the SECOND PARTY's use of the crossing site as herein described, the SECOND PARTY shall remove, at its entire cost and expense, said road and all non-RAILWAY owned improve- ments placed upon the RAILWAY's right-of-way and restore the -6- f 1 -a '"?' j _.-. ,,. ` .-� 41 {.. `it Q, _J•�i� .'�" ,.;r�`�a Ea y-. n Sfi.r.r.'-`'C' - ' r,.13. :. PART! shall indemnify and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the crossing site or arising out of the existence of the crossing site. 14. The SECOND PARTY shall not take any action that will prevent or tend to restrict the operations of trains over the crossing site. 15. The SECOND PARTY will include in any contract which it may let for the whole or any part of said work to be performed hereunder by or for the SECOND PARTY, each and every of the following terms and conditions of the two pages attached hereto and made a part hereof entitled, "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES" and "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR. " 16. SECOND PARTY shall give the RAILWAY one (1 ) week's advance notice when the SECOND PARTY or its contractor or anyone claiming under this Agreement proposes to enter upon the crossing site to perform work under this Agreement in order that proper warning may be provided for trains; except that in emergency situations SECOND PARTY shall only be required to give the RAILWAY such advance notice as is practicable under the circum- -7- stances. The SECOND PARTY further agrees that at all times that its personnel are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the SECOND PARTY. 17. Prior to RAILWAY incurring any expense in connection with the installation, maintenance, replacement, repair, or otherwise, of the facilities at this crossing as provided for in this Agreement, RAILWAY shall provide SECOND PARTY with a detailed estimate of the costs of such work. Upon receipt of such estimate, SECOND PARTY shall pay to RAILWAY one-half (1/2) the dollar value of the total amount of the estimate prior to RAILWAY commencing any work at this crossing. Upon completion of the work,. SECOND PARTY shall promptly pay RAILWAY the total balance due and owing. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the SECOND PARTY and shall enable RAILWAY to terminate this Agreement as provided for in paragraph 3. 18. After the crossing structure portion of the crossing site has been installed and the railroad devices have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the SECOND PARTY a statement showing the total cost of material, labor and equipment furnished by the RAILWAY, which statement is agreed to be prima facie reasonable, and said cost to the SECOND PARTY being hereby estimated to be $ e- as shown by the *{20)o2b,oa -8- estimates of the RAILWAY's Engineering and Signal Departments, which are attached to this Agreement and by this reference made a part hereof. 19. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the crossing site shall be the sole responsi- bility of the SECOND PARTY, and at its sole expense. 20. The SECOND PARTY is specifically notified that its personnel will be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. However, if a cable or other facility is damaged or cut, the SECOND PARTY agrees to indemnify RAILWAY, to the extent permitted by law, for any monetary damages which may result. The SECOND PARTY will secure insurance to cover this obligation as provided for below. 21. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 22. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. -9- _ 23. The SECOND PARTY agrees to maintain a general liability master insurance policy having a combined limit of $3,000,000.00 rk for personal injury, death and property damage per occurrence, insuring the RAILWAY against claims arising from accidents related to the use of the crossing site. The RAILWAY has advised the SECOND PARTY that it maintains a general liability master insurance policy covering such incidents and the SECOND PARTY may participate in that policy by reimbursing the RAILWAY for its pro rata share of the premium or the SECOND PARTY may provide a similar policy with the same limits with an insurance carrier acceptable to the RAILWAY, insuring the same incidents. Such insurance shall remain in force and effect during the entire period that the crossing site is open pursuant to this Agreement. -10- IN WITNESS WHEREOF, the RAILWAY and the SECOND PARTY have each caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicate the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and FLORIDA EAST COAST RAILWAY delivered in the COMPANY, a Florida corporation presence of: W, B`�.011110 (SEAL) Presiders �J ATTEST: /�L.tt, l - Witnesses as Railway AssityLnt Secretary DATE: 9-a6-S q VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida BY: TITLE: ATTEST: Witnesses as to Second Party TITLE: DATE: -11- - - LICENSED AREA DESCRIPTION A parcel of land with uniform width of 100.0 feet northerly and southerly, extending easterly and westerly across the right-of-way and main track of the Railway at Tequesta, Florida, with longitudinal centerline located 4,096 feet, more or less, southerly from the Railway's Milepost No. 281, as measured from Jacksonville, Florida. Said right-of-way of the Railway having a total width of 200.0 feet at this location, being 100.0 feet in width on each side of the Railway's main track. All as shown colored in orange on the attached Plan 550 (M.P. 281 + 4096) ' dated January 27, 1989, attached hereto and made a part hereof. EXHIBIT "A" •- — )so' — - —� - .4- -I- 1(.180' i cI I IZu I 2 I I '- . O ¢ Li. I WIDEN EXISTING 74' WIDE TYPE "T ' '---TQ 3 I h I� I v MODIFIED GRADE CROSSING TO 104' h O pp u, y i 13 x 4 �'. ' 1 W_ k vi Li o Py 4i ' I� O INS TALL SIGNALS � I I I --Q. I I I I _ i�.____ _ !NSTALL SIGNAL ��, I - PAVING LIMITS _-__.— I • -• / '\- 1 I i1 RELOCATE EXISTING SIGNAL — / --- --'1 L - -- I—�'� . �t1' -1 I / In Ii L_ --/ 13211RAIL / i 2' _ 10' 10' 12 IO' !O' IO' 10' lO' 12'f — 1 L MAIN • RELOCATE/2'PANEL - —__ 1 __ } f RELOCATE!?'PANEL • TO JACKSONVILLE INSTALL SIGNALS 77 TO MIAMI • INSTALL SIGNAL �� \ ......4. °1 -.— � PAVING r_ LIMITS _ �..i I J� +;' ,11 I t I _ /--__ RELOCATE EXISTING SIGNAL RELOCATE SIGNAL BOXES I I _ FIBER OPTIC CABLE _— __—_—— — ENCASE 22'OF FIBER OPTIC CABLE — J—-- _ U C I ENCASE 24'OF FIBER OPTIC CABLE co i!I a h 11 P • W a z ��_ h FLORIDA EAST COAST RAILWAY CO. U I IV I1?t V OFFICE OF CHIEF ENGINEER ST. AUGUSTINE.'FLA. 3 I II 13 11, 8 - - H I 2 I a. P`BLIC GRADE CROSSING AT TEQUESTA DR to \ Ia . 0 Cc I I �I L .__ 7EOUSTA __ R/W _FLORIDA_ b.) I DRAWN MY „4WX - N. P: L�81 4096' SCALE.Li 20'--- I gH D CHECKED V VAL. NAP. DATE_II2Zg I raE No 550 IMP 28440961 .I DWa NO.550 IMP_2B/r4O9B'I Form 923 FLORIDA EAST COAST RAILWAY COMPANY t;Rev.5-22-69 A. F. E. No. Sheet No. ^f Sh DETAILED ESTIMATE 550-MP281+4096 Fik No. Reference E-89284-W Office of CHIEF ENGINEER , St. Augustine, Florida. Date AUGUST .2 19 Location and Description of Project: Estimated cost to remove and replace existing 74' wide Type "T" Modified grade crossing and widen to 104', located at MP281+4096'. CROSSING WORK Remove and replace 74' wide Modified Type "T" crossing $ 4,976.50 Install 30' of Type "T" crossing 11,250.00 Cost of pavement 6,000.00 Encase 46' of fiber optic cable 2,760.00 Maintenance of traffic 5,000.00 Engineering & supervision 1,000.00 Misc. &contingencies 113.50 TOTAL CROSSING WORK $ 31,100.00 SIGNAL WORK See detail on attached sheet $ 88,926.00 • TOTAL ESTIMATED COST $120,026.00 COST TO RAILWAY -0- TO BE PAID BY CITY OF TEQUESTA $120,026.00 • • Fctirn,,t,,,i I,v .Checked by_ Approved • ESTIMATED COST FOR THE INSTALLATION CROSSING PROTECTION DEVICES FOR TEQUESTA DRIVE, FEC MP 281 + 4096' 3 gate assemblies 12,000.00 3 gate foundations 1,110.00 1-45'& 1-36' cantilever with lights 18,000.00 Factory wired case typical #3A 11,000.00 Concrete for cantilever 1,800.00 Conduit 300.00 Cable 3,500.00 Battery 3,750.00 Battery box 270.00 Special relay equipment 1,500.00 Miscellaneous small items 500.00 Freight and taxes 8,596.00 Labor 21,600.00 Gang expenses 4,200.00 Rental of equipment 500.00 Contingencies 300.00 TOTAL $88,926.00 FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF SUPT SIGNAL & COMMUNICATIONS ST. AUGUSTINE, FLORIDA JANUARY 31, 1989 STATE OF FLORIDA pEPARTMENT OF , .ATION - FORM 722. PAGE D1VISION•OF ROAD OPERATIONSTRANS• ' G[ 1 OF ! RAILROAD GRADE CROSSING,TRAFFIC CONTROL DEVICES 'COUNTY SECTION UTILITY JOS NO. STATE ROAD NO._ COUNTY NAME PARCEL&RIW JOS NO. r A P NO. AGENCY FLORIDA EAST COAST, RAILWAY COMPANY. • A. JOB DESCRIPTION & LOCATION: • B. TYPE OF ROADWAY FACI1,1TY C. FDOT/AAR XING NO.: RR MILE POST TIE: D. TYPE SIGNALS PROPOSED: CLASS INDEX: SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION CO 1 Flashing Signals- One Track $ 650.00 I1 I Flashing Signals - Multiple Tracks $ 860.00 III Flashing Signals and Gates -One Track $ 980.00 IV Flashing Signals and Gates - Multiple Tracks $1,230.00 *Effective February 3, 1971 At!'1'llORlTY: FLORIDA ADMINISTRATIVE RULE 014-46.02 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: February 3, 1971 GENERAL AUTHORITY: 20.05, F.S. SPECIFIC LAW IMPLEMENTED: 338.21, F.S. INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless the Florida East Coast Railway Company from and against all judgments, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows : A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway Company, employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,000,000. 00 each person injured or killed, and $2,000,000.00 each occurrence. B. Loss, damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $2,000,000.00. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty-eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other obstruction or passage of trains, directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Railway Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the rerouting of its trains and cars to, via, and from the lines of railroad of other railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks as the case may be, of the Florida East Coast Railway Company at or within one hundred (100) feet of said areas. INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect, insurance policy or policies in the limits of $1,000,000 each person injured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence directly by Contractual Liability Endorsement to Contractor' s General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities concurrently extended to the Florida East Coast Railway Company and within the limits specified in this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman' s Compensation Insurance Policy as available in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company, shall be in a form satisfac- tory to its Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best' s" rating of A or A+ and a financial category size of Class XII or higher.