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HomeMy WebLinkAboutSEOPW-CRA-M-96-0005CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO ; Board of Directors Community Redevelopment Agency FROM: Herbert J. Bailey Executive Direc%� Community Redeve DATE: June 10,1996 SUBJECT: Agreement with Florida East Coast Railway Co. REFERENCES: ENCLOSURES: FILE: It is respectfully requested that the Community Redevelopment Agency Board of Directors approve the attached agreement between the Community Redevelopment Agency ("CRA") and Florida East Coast Railway Company ("FEC"), for the development and management of the railroad crossing at the intersection of NW 9th Street and NW 1st Avenue. The proposed project is a portion of the overall 9th Street pedestrian improvements extending from the existing 9th street mall to I-95 expressway, including the proposed Lyric Theater Plaza development. The $1.5 million project is a joint development effort between the CRA and Metro -Dade County. The majority of the project's funding will be provided by the Metro -Dade County. The CRA's project responsibility shall be limited to the development cost of the proposed railroad crossing which is estimated by the FEC at $170,013. The Metro -Dade County will be responsible for the balance of the project's development costs. The proposed development will physically connect the old and new 9th Street pedestrian malls and be an excellent complement to the new blocks 25 & 36 residential development project. Therefore, it is respectfully requested that the CRA Board approve the attached agreement between the CRA and FEC, and allocate $170,000 from the City of Miami's Community Development Block Grant funds to pay for the project cost. Enclosure: Proposed Agreement 96- 5 t LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective from the day of 1996, is between the FLORIDA EAST COAST RAILWAY COMPANY (Address: P.O. Box Drawer 1048, St. Augustine, Florida 32084), a Florida corporation, hereinafter called "RAILWAY" and CITY OF MIAMI, a municipal corporation of the State of Florida, 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 said SECOND PARTY the right and privilege to use, for public at -grade pedestrian crossing purposes only, that part of the right-of-way and property of the RAILWAY at the RAILWAY'S Milepost 365 + 672, more particularly described as follows, and hereinafter referred to as the "CROSSING SITE": See Exhibit "A" Attached Hereto. 96- 5 The words "CROSSING SITE" are defined to include any railroad crossing signs, crossing structures or automatic crossing devices which are, or—Ynight be, located within or adjacent to the above -described ` location. 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 as 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 or boundaries of the CROSSING SITE, will at all times be kept clear of any vegetation or other growth greater than two (2) 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 4 5 holds over and remains in possession after the expiration of such term or any renewals thereof, this Agreement shall be considered as renewed, unless -gixty (60) days' written notice of the termination of same %a`s 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, unless amended by the RAILWAY, which it has the right to do upon sixty (60) days' written notice. 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, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right 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, SECOND PARTY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including 3 AM 1 costs due to slow ordering of trains. SECOND PARTY shall promptly pay I such amounts upon rendition of appropriate billing by the RAILWAY. 5:-" Unless otherwise specified, the cost of installation, _ I i construction, maintenance and replacement of all facilities at the i CROSSING SITE, including but not limited to the crossing structure and i railroad and highway devices, whether performed by the SECOND PARTY or i j RAILWAY, shall be the sole responsibility of the SECOND PARTY. 6. The RAILWAY shall install, maintain and replace flashing lights, bells and gates, referred to jointly as "RAILROAD DEVICES," at the CROSSING SITE. The RAILWAY will install the necessary RAILROAD i DEVICES at the sole cost of the SECOND PARTY. Installation costs are i estimated to be $115,430.00 as shown on the estimate for signal installation attached and : incorporated by reference. This signal installation is a Type 3 Class 3 installation as defined in N ! the Florida Department of Transportation Schedule of Signal Installations i by Type and Class attached hereto. '1 In addition, SECOND PARTY shall pay unto RAILWAY one-half the a 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 El 96- 5 DEVICES, as may in the future be revised or amended, a copy of which is r attached hereto and by reference made a part hereof. Tfie aforementioned RAILROAD DEVICES are owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that i they are no longer needed or should be replaced, or until other legal 1 requirements are imposed which shall eliminate or substantially change the operations of the RAILROAD DEVICES. 7. The RAILWAY shall install a 74'-wide Type T-modified erossing .structure (hereinafter referred to as "STRUCTURE") in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of SECOND PARTY. Said cost is estimated to be $54,583.77 (see attached estimate, incorporated by reference). i 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. The replacement, repair and maintenance costs of the new structure shall be the sole responsibility of the SECOND PARTY. The SECOND PARTY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S right-of-way, plus any S 5 96- 5 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 AgMeMent, at the sole expense of the SECOND PARTY. 8. 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 or other railroad signalization equipment and 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. 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 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 0 96- 5 t 3 i t 1 may not be required by the RAILWAY, depending upon the type, size, depth r specifications of the ro osed facilities, d o the � and other proposed as submitted t s i f j RAILWAY. 10. Lighting facilities adequate to comply with the requirements of j 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 and at the sole cost of SECOND PARTY. 1 11. The SECOND PARTY further covenants to pay, either directly or i 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 improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 13. SECOND PARTY 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 7 t 96- 5 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 part of said work to be performed hereunder by or for the SECOND PARTY, each and every one of the terms and conditions included on the two pages 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," both attached hereto and made a part hereof. 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 circumstances. The SECOND PARTY further agrees that at all times its 96- 5 personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be bome bp"the SECOND PARTY. 17. After the 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 $170,013.77 as shown by the estimates of the RAILWAY'S Engineering and Signal Departments, which are attached to this. Agreement and by this reference made a part hereof. 18. Installation, maintenance and replacement of any and all . railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility of the SECOND PARTY, and at its sole expense. 19. The SECOND PARTY shall promptly pay RAILWAY all charges for maintenance, replacement, repair or otherwise of the facilities at this 96- 5 s crossing as provided for in this Agreement, upon being billed for the same b the RAILWAY. Failure y a ure to promptly pay to RAILWAY amounts billed as due un-d'ar this Agreement shall constitute default by the SECOND -PARTY and shall enable RAILWAY to terminate this Agreement as provided for i below. i 20. The SECOND PARTY is specifically notified that its personnel 1 • 1 will be working in an area containing active fiber-optic transmission 1 cable as well as other cables and other facilities. If a cable or other facility is cut or damaged, the SECOND PARTY agrees to indemnify i RAILWAY for any damages which may result. The SECOND PARTY will 1 secure insurance to cover this obligation as provided for below. i 21. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 22. i This Agreement will be governed by the laws of the State of i Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or. modification of 10 96- 5 this Agreement must be in writing and signed by both parties. #�txcx��xis�x�c�x�aaa�dsx���x$�tpe�rtlx�x�r�i��c�Ci�xt�x A�xa��Miee���x��lxl��ce{i��fx�atxx�xx IN WITNESS WHEREOF, the RAILWAY and the SECOND PARTY have 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 delivered in the presence of: uj 40'-Z�� Witnesses as to OILWAY Witnesses as to SECOND PARTY I FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation By:Y(Seal) ATTEST: Assist Secretary DATE: CITY OF MIAMI, a municipal corporation of the State -of Florida By: ----- -- ---_ Title: Attest: Title: Date: 11 96- 5 LICENSE AREA A PARCEL OF LAND WITH UNIFORM WIDTH OF 120 FEET NORTHERLY AND SOUTHERLY, M-124DING EASTERLY AND WESTERLY ACROSS THE RIGHT:10E-WAY AND MAIN TRACK OF THE RAILWAY AT MIAMI, FLORIDA, WITH LONGITUDINAL CENTER LINE LOCATED 672 FEET, MORE OR LESS, SOUTHERLY FROM RAILWAYS MILEPOST 365 FROM JACKSONVILLE FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF 100 FEET AT THIS LOCATION, BEING 50 FEET IN WIDTH EACH SIDE OF THE CENTER LINE OF RAILWAYS MAIN TRACK ALL AS OUTLINED IN ORANGE ON THE ATTACHED PLAN 01-D-210p DATED NOVEMBER 2,1995, ATTACHED HERETO AND MADE A PART HEREOF. ff 96- 5 FLOIMA EAST COAST RAILWAY COMPANY IM9195 SAINT AUGUSIM FLORIDA 11:28 MIAML INSTALLTYPE T•MODIFIED GRADE CROSSING N.W. M STREET, MILEPOST 365+672 365/39/672 i i t CROSSING DESCRIPTION PAVWG DF.SCRIPnON Length of Crowng Surface: 74 Tf Width (Across Road) 78 Ft j Number of backs: I Ea Length (Along Road) 80 Ft I Length of Track Panei•• 114 IT 1 Projected Lift 3 In — ' AGREEMENT DESCRIPTION GANG DESCRIP'RON Responsible Party: CITY OF MIAMI 4 111a1eah Section Agteemet Datc 15 Surfacing Gang 15 Division of ResponvlWty 2 Crane MalatenuroeofTraf6c CITY I Loader crossing surface CITY Track Materials CrrY Track Construction Cr1Y Paving CITY COST RF.CAP[[SJIaTION 10.0096 Salvage Responsible WOcl= LACE FquilMW Malatw Conmcl Coatineeoctt l.mAU XAW Pups Construct Tract Panel 733.13 483.76 6,364.20 n/a 759.11 n/a 8,339.20 • CITY MoWiution/Mateial Consolidation 78759 588.76 n/a n/a 137.63 n/a 1.513.98 CITY Maintenance of Traffic 0.00 0.00 n/a OAO 0.00 n/a 0.00 CITY Renove Crossing Surfam 0.00 0.00 n/a n/a 0.00 0.00 0.00 CITY Install Crossing Structure 2,069.86 2,333.99 n/a t,/a 440.39 0.00 4,844.24 Crly Line & SurGoe Track 610.08 651.93 2,795.60 n/a 405.75 o/a 4,463.26 CITY Insa11 Crossing Surface 453.07 468.86 19.526.05 a/a 2,044.80 n/a 22.492.77 CITY Place Asphalt 164.92 28.45 n/a 10.920.00 1,111.34 n/a 12,224.70 CITY Demobilization/Site Cleanup 574.00 67.48 n/a n/a 64.15 a/a 705.62 CITY Totdr.. 4.164.23 4,623.12 28,685.85 10,920.00 4,962.16 0.00 54,583.77 ESTIMATED CROSSING EXPENSE 54,583.77 737.62 S/Ft ESTQIIATEDSIGNAL EXPENSE ILS,430.00 , (Pleast See Attached Sheet For Detail) TOTAL ESTIMATED CITY OF MIAMIr 170,013.77 95- 61 INSTALL. TYPE T•MODIEIED GRADE CROSSING N.W. 9TH STREET, 1OST 365+672 DETAILS OF ESTIMATE + WomomeCaiculations Qnty/ Production/ Hours/ Total Toni TOW Wodcltan Tn& dlntt Hmlt xnck Tim 1 alalt FquiMWI Conatruct Track panel 114 Tr 20 5.70 5.70 733.13 483.76 Material Yard Mobilization/Material Consolidation I U 4.00 787.S9 598.76 Section Wotk Train Main --nee of Trafft 0 Ls 0.00 0.00 0.00- supervision Remove Crossing Surface 0 Tf 40 0.00 0.00 0.00 0.00 Supervision Section Crane Loader Install Track Structure 114 IT 20 5.70 5.70 2,069.96 2,333.99 Supervision Section Crane Loader Welder Work Train Maintainer Una & Surface Teach 300 Tr SO 6.00 6.00 610.08 651.83 Supervision Surfacing Gang Install Creasing Surface 74 Tf 40 1.85 1.85 453.07 468.96 Supervision Section Crane Loader Place Asphalt l Ls 4.00 164.92 28AS Supervision Demobiliadon/SiteCleanup I Ls 4.00 574.00 67AS Section Total Labor&Equipment 5,392.64 4,623.12 CmXI.almt Qntx Unit Batc lour Extended S'mniBiaut Burdened Supervision Roadmaster i Ea 26.60 26.60 26.60 41.23 Section Gang Foreman i Ea 13.69 13.69 92.58 143.50 Laborer 7 Ea 11.27 78.89 Surfacing Gang Foreman 1 Es 13.93 13.93 39.00 60.45 Operator 0 Ea 1294 0.00 Tamper Operator I Ea 13.80 13.80 Laborer 1 Ea 11.27 11.27 Mechanic 0 Ea 17.45 0.00 Crane Operator 2 Ea 12.94 25.88 25.88 40.11 Loader Operator I Ea 12.94 12.94 12.94 20.06 Welder Welder 1 Ea 14.68 14.68 27.31 42.33 Helper 1 Ea 12.63 12.63 Material Yard Forewn I Ea 13.69 13.69 82.98 128.62 Operator 1 Ea 12.94 12.94 Laborer S Ea 1127 5635 Work Train Engineer 1 Es 17.33 1733 34.45 53.40 Conductor 1 Ea 17.12 17.12 Other Maintalner I Ea 1452 1452 14.52 22.51 Direct Labor Burden 55.00% Indirect Labor Burden 0.00% 95= 5 A � EINSTASL TYPE T•MODIFIED GRADE CROSSING N.W. MI STREET, POST 365+672 DETAILS OF ESTIMATE CoflOtNUIPMt Qa4t knit xatelt M Extended muefflout Supervision I Hi•Rail 1 Ea 7.11 7.11 7.11 Section Gang . Secdoa Truck 1 Ea 16.87 16.97 16.87 Surfacing Oang Tamper 1 Ea 92.68 92A8 101.53 Regulator 0 Ea 34.29 0.00 Go& Ttuck f"-) 1 1a 8.85 8.85 Gang Truck (2 ten) 0 Ea 11.29 0.00 Mechanic Truck 0 Ea 11.29 0.00 Crane Crane 2 Ea 84.87 169.74 169.74 Tnwk&owboy 0 Ea 28.63 0.00 Loader Loader 1 Ea 31.09 31.09 59.72 TruckLowboy 1 Ea 29.63 28.63 Welder Welding Truck 1 Ea 16.87 16.87 16.87 Material Yard Crane 1 Ea 84.87 84.87 94.87 Work Train Locomotive I Ea 130.32 130.32 13032 Other Signal Truck 1 Ea US 8.85 8.85 16.00% C= Of Ma dal Qnty. mah Unitcm E&tmdrd SSLbIQh1 Tax A tinding Total Cost Track Panel Rail 5.02 Tn 650.00 3,260.40 5,48638 977.82 6.364.20 Track Ties 20.00 Ea 65.00 1,300.00 Fasteners 69.00 Set 13.42 925.98 Panel Installation Ballast 2.00 Car 1.095.00 2.190.00 2,410.00 385.60 2,795.60 Field Welds 4.00 Ea 55.00 220.00 Crosdmg Materials Crossing Tics 49.00 Ea 75.00 3,675.00 16,832.80 2,693.25 19,526.05 Inner Pads 49.00 Ea 47.00 2,303.00 OuterPads 98.00 Ea 21.00 2,058.00 Studs 196.00 Ea 0.80 156.80 400' 5.00 FA 450.00 2,230.00 4a12' 2.00 Ea 500.00 I,000.00 20V 10.00 FA 375.00 3,750.00 2xlT 4.00 Ea 410.00 1,640.00 QntX Unit unit Con Total Cost Contract Place do Compact Asphalt 72.80 Ta 150.00 10,920.00 Maintenance of Traffic 0.00 Day 350.00 0.00 10.00% S,alyageCredlr QutX Unit Unitcredit Extended Snhtotal HUaU Totnl credit Track Panel Rail 0.00 Tn (31227) 0.00 0.00 0.00 0.00 Track Tics 0.00 Ea (30.00) 0.00 Fasteners 0.00 Set (4.00) 0.00 Crossing Materials Crossing Ties 0.00 Ea (10.00) 0.00 0.00 0.00 0.00 W 5 INSTALLATION ESTIMATE GRADE CROSSING TRAFFIC CONTROL DEVICES TO: DADE COUNTY PUBLIC WORKS FOR: TYPE 3 CLASS 3 SIGNALS COUNTY PROJECT NO. 663410 XXX NEW INSTALLATION MODIFICATION LOCATION: MIAMI COUNTY DADE STATE: FLORIDA Road Jurisdiction: DADE COUNTY Road Name: NW 9th STREET FDOT/AAR Crossing Number: NEW RR M.P. 365 + 0672 I. Preliminary Engineering: XXX Company Forces, Contract $ 3500.00 II. Construction Supervision: XXX Company Forces, Contract $ 3617.00 III. Material: Highway Grade Crossing Signal Assembly $ 19956.00 Control Equipment $ 42712.00 Field Material $ 4600.00 Material Transportation $ 2937.00 Material Handling $ 2937.00 Material Sales Tax $ 4754.00 Total Material . ' $ 77896.00 IV. Equipment company Owned $ 3155.00 Rental (GMAC Rates) $ 0.00 Total Equipment $ 3155.00 V. Labor Direct Labor $ 9986.00 Holidays, Vacations, and Pension $ 2426.00 Payroll Taxes $ 2426.00 Insurance . $ 2426.00 Meals and Lodging $ 4500.00 Total Labor $ 21764.00 Sub -Total. . . $ 109932.00 VI. Miscellaneous Items: CONTINGENCIES @ 5% VII . Total Estimated Cost ( DATE 11 / 6 / 9 5 ) (By A. G . FOWLER ) VIII Submitted By: FLORIDA EAST COAST RAILWAY SIGNAL DEPARTMENT RR Company This estimate should be considered void after one (1) year. REVISION OF ESTIMATE DATED 1014/95 FDOT-6/17 $ 5497.00 S 115.430.00 DATE: 11/06/95 r�� FILE: 10.2 FTYPE: 3 RE CLASS: 3 rLORIDA EAST COAST RAIUMY NO. OF DAYS: 10 OFFICE OF TSS C8IEF ENGnmm AAR / DOT#: NEW OF SjGbV ,S AND COMMITNICATION MILE POST: 365 + 0672 REVISION OF ESTIMATE DATED 10/4/95 ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT NW 9th STREET. This estimate should be considered void after one (1) year. MATEArAll UNIT COST UNITS TOTAL COST GATE ASSEMBLIES $4,114.00 4 $16, 456.00 GATES $500.00 4 $2,000.00 GATE FOUNDATIONS $ 3 7 5. 0 0 4 $1, 5 0 0. 0 0 WIRED CASE, 3AB & PMD-3 $30, 741.00 1 $30, 741.00 BATTERY BOX $370.00 1 $370.00 MISC . SMALL ITEMS $ 5 0 0. 0 0 1 $ 5 0 0. 0 0 CONDUIT $300.00 1 $300.00 BATTERIES $178.00 30 $5, 340.00 CABLE $3, 500.00 1 $3, 500.00 MISCELLANEOUS RELAY EQUIP $1, 12 0 . 0 0 1 $1,12 0.0 0 POWER SERVICE $800.00 1 $800.00 MONITORING EQUIPMENT $ 4 , 641.0 0 1 $ 4 , 6 41.0 0 FREIGHT & HANDLING $5,874.00 $4,754.00 TAX $77,896.00 TOTAL MATERIALS EQUIPMENT RENTAL PER WEEK $ 6 5 0.0 0 2.5 WEEKS $1, 6 2 5.0 0 GANG TRUCK PER WEEK $432.00 2.5 WEEKS $1, 080.00 SUPERVISORS TRUCK PER WEEK $18 0. 0 0 2. 5 WEEKS $450.00 EQUIPMENT TOTAL I $ 3 ,15 5.0 0 ENGINEERING $3, 500. 00 1 $3 , 500 . 00 i ENGINEERING TOTAL $ 3, 5 0 0. 0 0 CONSTRUCTION SUPERVISION $209.20 10 DAYS $2, 092.00 LABOR ADDITIVE 51,525.00 SUPERVISION TOTAL $3, 617 . 00 i LABOR PER DAY $998.60 $9, 986.00 NUMBER OF DAYS 10 V , 2 7 8.0 0 LABOR ADDITIVE $17 2 6 4.0 0 TOTAL LABOR , i I GANG EXPENSES PER DAY $ 4 5 0.0 0 i NUMBER OF DAYS 10 $ 4, 5 0 0. O O TOTAL GANG EXPENSES � SUB -TOTAL $109,932.00 1 CONTINGENCIES 5% $5, 496.60 TOTAL $115,430.00 9�- 5 np, file 10.2 FLORIDA EAST COAST RAILWAY FEC OFFICE OF THE CHIEF ENGINEER SIGNALS AND COMMUNICATIONS DEPT ESTIMATED COST FOR ANNUAL HIGHWAY GRADE CROSSING MAINTENANCE FOR TYPE 3, CLASS 3 CROSSING AT: N. W. 9th Street MP 365 + 672' MONTHLY: YEARLY COST: SIGNAL MAINTAINER: $104.40 LABOR PER HOUR $15.10 NUMBER OF HOURS 4 LABOR ADDITIVE $44.00 LEADING MAINTAINER: $107.96 LABOR PER HOUR $15.61 NUMBER OF HOURS 4 LABOR ADDITIVE $45.52 TOTAL LABOR $212.00 $1,696.00 QUARTERLY: SIGNAL MAINTAINER: $78.30 LABOR PER HOUR $15.10 TOTAL HOURS 3 LABOR ADDITIVE $33.00 LEADING MAINTAINER: $80.97 LABOR PER HOUR $15.61 TOTAL HOURS 3 LABOR ADDITIVE $34.14 TOTAL LABOR $159.00 $477.00 ANNUAL: SIGNAL MAINTAINER: $130.50 LABOR PER HOUR $15.10 TOTAL HOURS 5 LABOR ADDITIVE $55.00 LEADING MAINTAINER: $134.95 LABOR PER HOUR $15.61 TOTAL HOURS 5 LABOR ADDITIVE $56.90 ASST SIGNAL SUPERVISOR: $168.05 LABOR PER HOUR $21.56 TOTAL HOURS 5 LABOR ADDITIVE $60.25 TOTAL LABOR $433.50 $433.50 TOTAL MAINTENANCE COST PER YEAR: $2,606.50 - 96- PreDared by A. G. Fowler 11/6/95 Based on 1995 Rates I a 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. 96- 5 r 'W� INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR ------------------------------------------------------------- Irr-further consideration of the sums of money herein specified tote `paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect, insurance policy or policies in the limits of $1,000,000.00 each person injured or killed and $2,000,000.00 each occurrence and $1,000,000.00 property damage per person and $2,000,000.00 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 my 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 satisfactory 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. 96— 5 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES ----------------------------------------------------------- ANNUAL MAINTENANCE COST EXCLUSIVE OF INSTALLATION -- - CLASS DESCRIPTION COST I Flashing Signals - One Track $1,404.00 II Flashing Signals - Multiple Tracks $1,858.00 III Flashing Signals and Gates - One Track $2,117.00 IV Flashing Signals and Gates - Multiple Tracks $2,657.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: July 1, 1991 GENERAL AUTHORITY: 20.05, F.S. SPECIFIC LAW IMPLEMENTED: 338.21, F.S. 95- 5 35,00' C10.67M3 — - INSTALL 1-74' WIDE TYPE T 7P MODIFIED GRADE CROSSING F I LOW SHRUB .A c^u 21 MX,(YP) �m ui o CASE BATTERY TQ BE LQCATED AS C13NDITI13NS REQUIRE Co 0 cy) O O O O h E d' cu 16 u 0 O C un LOW SHRUB 2' MAX. <TYP> P) `LORIDA EAST COAST RAILWAY COs 7FFICE OF CHIEF ENGINEER ST. AUGUSTIK DEDESTRIAN GRADE CROSSING N.W. 9TH STREET MIAMI, FLORIDA Lac 365+672 SCALE 1' = 20' 165/39/672 01 — D — 210 �S— 5