CN-550000-AT972.pdf

This is a Railroad Reimbursement Master Agreement for Grade Crossing executed on August 7, 1972, between the State of Florida Department of Transportation (FDOT), Division of Road Operations, and the Seaboard Coast Line Railroad Company, a Virginia corporation with principal place of business in Jacksonville, Duval County, Florida. The agreement establishes the framework for coordinating highway construction and maintenance projects that cross railroad right-of-way and tracks.

Under the terms of this agreement, the FDOT retains the right to construct and maintain highways at grade across the railroad company's right-of-way and tracks at locations specified in the department's project plans. When the FDOT serves notice to proceed, the railroad company must provide all necessary materials and construct standard railroad crossings at the FDOT's expense in accordance with FDOT's Standard Index No. 1466 and applicable supplements or revisions. The railroad company assumes responsibility for maintenance of all tracklaying and rail components plus highway roadbed within the crossing area, with an option to perform periodic maintenance work and bill the FDOT directly for reimbursable costs. The FDOT bears all costs for temporary and permanent changes to the railroad company's signal wire lines, facilities, and Western Union Telegraph Company wire line facilities on the railroad right-of-way. The agreement incorporates reimbursement methodologies from FDOT Procedure No. 132-046 and Federal Highway Administration Policy and Procedure Memorandums 30-3 and 21-10(5). The railroad company must furnish detailed project billing within 120 days of completion, with the FDOT retaining 10 percent from progress payments pending audit. The agreement requires the railroad company to obtain Railroad Protective Public Liability Insurance as specified in FHA Policy and Procedure Memorandum 20-12 and includes indemnification provisions protecting the FDOT from liability arising from the railroad company's negligent actions.