HomeMy WebLinkAboutR-02-0959J-02-778
9/10/02
RESOLUTION NO. 02— 959
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A BLANKET UTILITY LICENSE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH FLORIDA EAST COAST RAILWAY,
L.L.C. FOR THE INSTALLATION AND MAINTENANCE
OF STORM SEWER PIPES ACROSS THE FLORIDA EAST
COAST RAILWAY RIGHT-OF-WAY CORRIDOR; FURTHER
AUTHORIZING THE COMMITMENT OF FUNDS, IN THE
AMOUNT OF $1,100 ANNUALLY, SUBJECT TO RATE
CHANGES, FOR THE FLORIDA EAST COAST RAILWAY,
L.L.C. REQUIRED LICENSE FEES; AND ALLOCATING
FUNDS FROM THE PUBLIC WORKS OPERATING
BUDGET, FOR SAID PURPOSE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized" to execute
an agreement, in substantially the attached form, between the
City of Miami and Florida East Coast Railway, L.L.C. for the
installation and maintenance of storm sewer pipes across the
Florida East Coast Railway right-of-way corridor.
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
r,.
AT T AC
i
r,'' 1 1 2002
Section 2. The commitment of funds, in the amount of
$1,100 annually, subject to rate changes for Florida East Coast
Railway, L.L.C. required license fees is allocated from the
Public Works Operating Budget.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor .2/
PASSED AND ADOPTED this 11th
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
day of September, 2002.
'1%U,
MAVIJEL A. DIAZ, MAYOR
APPROVED O FORM CORRECTNESS -/
100A 0
VILARELLO
Y ATTORNEY
W6533:tr:BSS
z/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 2 of 2 02— 959
DO NOT REMOVE FROM AGREEMENT
1. Kindly have the appropriate authority sign ALL copies of the Agreement on Page S , where
indicated. Execution on behalf of a partnership should be accomplished by the General Partner of a
limited partnership and by all partners of a general partnership. One partner may sign on behalf of
a general partnership if accompanied by authorization to bind the partnership signed by all of the
partners. Execution on behalf of a corporation should be accomplished by the President or Vice
President. An official other than the President or Vice President executing this instrument should
furnish documentary evidence of authority to execute and to bind the company. Secretary of the
corporation should attest the agreement and indicate date of execution.
2. Have two (2) separate persons witness the signature to the left thereof, AFFIXING THE
CORPORATE SEAL (if corporation is involved).
3. Please DO NOT alter or add to the provisions of this document. If, for any reason, you cannot
execute same in its present form, kindly return to the undersigned with your comments in writing.
4. DO NOT INSERT EFFECTIVE DATE OF AGREEMENT ON PAGE 1.
5. Return ALL copies of the Agreement to this office. One fully executed copy of the Agreement will
be returned to you for your files upon completion of execution by Railway's Management.
6. Failure to execute the agreement exactly as indicated above will result in rejection by our Law
Department and require resubmission for proper execution.
c` Z 0£ sny
03A13038
THIS BLANKET LICENSE AGREEMENT, made and entered into, in duplicate, this day
of A.D., by and between FLORIDA EAST COAST RAILWAY, L.L.C., a limited
liability company existing under the laws of the state of Florida, hereinafter called "Railway" and the CITY OF MIAMI,
a political subdivision of the State of Florida, address: 444 S.W. 2°d Ave., Miami, FL 33230, hereinafter called
"Licensee",
WITNESSETH:
WHEREAS, the Licensee has heretofore constructed and now maintains overhead and subgrade appliances and
fixtures crossing on and across the Railway's right of way and over and under the tracks and facilities of the Railway at
points listed on the schedule marked "Schedule A" attached hereto, and
WHEREAS, the Licensee may desire in the future to construct and maintain additional crossings using certain
pipes, poles, guys, anchors, suspension lines for the same, all of which are sometimes hereinafter called "appliances",
"fixtures", or "facilities" on and across the right of way and over and under the tracks of the Railway from time to time at
other points along the right of way of said Railway, and
WHEREAS, both parties hereto are desirous of entering into an agreement which shall cover the terms upon
which such crossings have heretofore been and may hereafter be made,
NOW THEREFORE, the Railway, for valuable consideration and the covenants and agreements of said
Licensee hereinafter set forth, does hereby give to Licensee the right and privilege to construct, install and maintain said
appliances, fixtures, facilities or crossings on and across Railway's right of way and over and under the tracks and
facilities of said Railway at the points listed on the schedule marked "Schedule A" attached hereto and by this reference
made a part hereof, and at such other points along its line of railroad that may be hereafter requested in advance of any
construction or installation by the Licensee and subject to the approval of the Railway, upon the following terms and
conditions, to -wit:
1. Whenever the Licensee shall desire to construct, modify, or maintain said appliances, fixtures, facilities or
crossings, it shall make written application to the Railway, as per attached form, in duplicate, together with twenty (20)
prints of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be
mailed to the Director, Industrial Development and Real Estate, Florida East Coast Railway Company, P.O. Drawer
1048, St. Augustine, Florida 32085-1048, along with check made payable to Florida East Coast Railway Company to
cover applicable non refundable application fee.
2. Plan shall show all information for carrier pipe and casing pipe, if used, and angle of crossing, Railway
survey station, or distance to nearest mile post, right of way lines, tracks and all other Railway facilities near point of
crossing. Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe, proposed
method of installation, and location of jacking pit, which shall not be closer than thirty (30) feet from the center of nearest
track. Open -cut method of installation through Railway's roadbed will not be permitted.
3. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing
installation shall be marked by the erection of a suitable monument located on each side of the Railway's right of way.
4. The Railway shall, in writing, notify the Licensee whether it has any objections to the proposed crossing
work and if so, shall specify the same, in which event, no crossing work shall be commenced by the Licensee hereunder
until it receives the written approval of the Railway. If the Railway finds no objections to said crossing work, it will so
notify the Licensee and the Licensee shall be permitted and allowed to commence the crossing work proposed.
County: Dade
366-470-0 GOVRML.KCPI
Contract Type:'43/SG
Department File Reference: 366-470-0
02- 959
5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good and
workman -like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway. Within 30
days after completion of construction or installation, Licensee shall submit to Railway a complete and detailed set of"as-
built" plan and profile drawings and further, shall certify in writing that fixture has been installed in substantial
conformance to the plan attached to the application.
6. The Licensee shall construct and maintain all appliances or fixtures crossing over, under or across the
Railway's tracks and right of way, in conformity with Railway's specifications, together with such other laws and
regulations as may be applicable.
7. If any crossings hereunder consist of a pipe or conduit to extend under the tracks of the Railway, the same
shall be located not less than 5.5 -feet using Jack & Bore method and 10 feet using Directional Bore method below the
bottom of ties in such tracks, and properly safe -guarded as may be necessary or as required by Railway. If it is a wire line
to extend over the tracks of the Railway, the same shall be located not less than 43 feet above the rails with additional
clearances at certain locations as prescribed by Railway. The poles carrying such wires shall be double -bracketed and of
good and sufficient quality and size for purpose intended and located as hereinafter designated by the Railway. All poles
must be securely planted and fastened so as to prevent the same from falling on the tracks or other property of the
Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located upon any of the
Railway's property without its prior written permission.
8. In addition to the other terms of this agreement, any subgrade or above grade crossing of the Railway's right
of way is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE
CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast
Railway Company, the terms and conditions of which are incorporated herein by reference.
9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law.
Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any
communication or signal lines of the Railway or any licensed communication utility on the right of way of Railway,
Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such
crossed or adjacent signal lines or communication lines, and in such event, Licensee shall adopt, use and maintain the
best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive
interference.
10. That Licensee shall and will cause due notice, and in no event less than forty-eight (48) hours, excluding
Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone
claiming under Licensee, proposes to enter upon or cross the tracks, roadbed or other property of the Railway with such
crossings or for excavations therefor, in order that proper protection may be provided for trains. If Railway shall object
to the notice as too short, or that the work has not therefore been authorized in writing by Railway, then no such work
shall be commenced until approval is obtained in writing from Railway.
11. That said appliances, fixtures, facilities or crossings of the Licensee shall not at any time interfere with or
endanger the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements of the
Railway, or of any other parry thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith
change, improve or repair such appliance or fixtures as may be prescribed by said Railway.
12. Should the provisions contained herein cause any change or alterations in the location or arrangement of the
wires, poles, appliances, fixtures or facilities of the Railway or the wires poles, appliances, fixtures or facilities of any
licensed communication utility on the right of way of Railway, the cost of such alternations or re -arrangements shall be
paid by the said Licensee.
13. Licensee agrees that if, by reason of any changes or additions made at any time by the Railway in its tracks,
right of way, structures and appliances thereon, or property, it becomes necessary to change the location of all or any pert
of the said crossings of the Licensee therefor, such changes as are necessary shall be made by Licensee promptly at the
request of the Railway and at sole cost and expense of Licensee.
366-470.0 GOVREVBLKCPI 02-
9 59
14. Subject to the provisions and limitations of Section 768.28, Florida Statutes, Licensee shall indemnify,
protect and save harmless Railway, its parent, subsidiaries, and affiliates from and against all costs or expenses, including
attorney's fees, resulting from any and all losses, damages, detriments, suits, claims, demands, costs sustained by reason
or on account of the negligence of Licensee.
15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in
supervising, protecting and restoring the property of the Railway by reason of operations of Licensee.
16. Commencing with the initial term of this Agreement, Licensee shall pay in advance unto Railway for each
year or fraction thereof, of the life of said crossings or other facilities, the applicable sums as listed on Schedule "A"
attached hereto and made a part hereof. The applicable license fees listed on Schedule "A" shall be increased each year
on the anniversary date of the agreement, commencing on the anniversary date of the year 4/4/2003, if renewed annually,
by the product of the annual fee in effect for the preceding year multiplied by one hundred percent (100%) of the
percentage increase in the Consumer Price Index (CPI), or 3% whichever is greater. The base CPI will be the CPI for the
month of the year preceding the effective anniversary date by ninety (90) days. The "CPI" shall mean the Consumer
Price Index (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of Labor. No adjustment will be
made for decreases in the CPI.
17. In the event any other appliances, fixtures or facilities or crossings upon or across the right of way of the
Railway shall hereinafter be found to exist as of the date hereof, although not shown on Schedule attached hereto, or to
have been added during the life of this agreement, such appliances, fixtures or facilities or crossings upon or across the
right of way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the crossings
or other facilities shown on the attached Schedule and all the terms of this agreement shall apply to such additional wire
line facilities.
18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee
without prior written consent of the Railway having been first obtained.
19. Licensee waives and relinquishes any legal rights and monetary claims which it might have against Florida
East Coast Railway Company for full compensation, or damages of any sort, including but not limited to special damages,
severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property
specified in this Agreement whether such property is taken by eminent domain proceedings or sold under the threat
thereof. Furthermore, as a material part of the consideration to Railway for granting the license set forth herein,
Licensee hereby covenants and agrees not to sue Railway, waives all present and future claims against Railway,
and releases Railway from any and all liability for damage to Licensee's appliances, fixtures, facilities and all
other property of Licensee situated within the Railway's right of way or adjacent thereto, whether as a result of
Railway's sole negligence or otherwise, as well as any and all consequential damages resulting from damage to
such property of Licensee.
20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not
perform any work on Railway's property without having a railroa&watchman present at all times work, hereunder is being
performed, if one is deemed to be necessary by the Railway's Chief Engineer or other designated Company official;
further, that Licensee covenants that it will include in any contract which it lets for the whole or any part of the said work
to be performed hereunder by or for the Licensee, each and every of the following terms and conditions of the page
attached hereto and made a part hereof entitled, "INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY
AND INSURANCE REQUIREMENTS". Notwithstanding the foregoing, it is understood and agreed between the parties
that may self -insure against liabilities which may arise under this agreement.
21. In the event Licensee shall default in the performance of any of the covenants contained in this agreement to
be kept and performed by Licensee, and such default shall continue for ten (10) days after written notice thereof shall
have been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be
declared forfeited as to the crossing_or crossings or other facilities where such default occurred and thereupon all rights of
the Licensee shall cease, as to such crossing or crossings or other facilities and Licensee will, at its own expense, remove
said wire or pipe lines from the property of the Railway at such crossing or crossings, or other facilities. In the event of
failure of Licensee to do so, the Licensee will promptly reimburse the Railway for its cost of doing the same.
366-470-0GOVREvaIXCPr
22. This agreement shall cancel and supersede all other contracts and agreements heretofore made between the
Railway, and former Trustees of its property, on the one part, and the Licensee and all other predecessors and subsidiaries
of the Licensee, on the other part, covering all crossings, appliances, fixtures or facilities presently on or across the right
of way of the Railway, as listed on Schedule "A" attached to this agreement. The existing crossings shall be conclusively
held to have been constructed under equivalent terms and conditions as those herein, and shall be maintained under the
terms of this agreement.
23. Either party hereto shall have the right to cancel this agreement as to any one or more of the existing
crossings, appliances, fixtures or facilities as shown on the attached Schedule or to any future crossings, appliances,
fixtures or facilities at any time upon thirty (30) days' notice in writing to the other party.
24. This agreement shall be for a term of one (1) year and shall be automatically renewed for additional terms
of one (1) year subject to the terms and conditions herein contained. PROVIDED ALWAYS, that this agreement shall be
subject to cancellation during the initial term or of any renewal terse, in the manner provided herein in Paragraph No. 23.
25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of
the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no
alleged verbal waiver or modification shall be binding under any circumstances.
26. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or
other charges or any nature whatsoever shall be levied or made against the Railway or against its property on account of
the installation or existence of Licensee's facilities at this location.
27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the
Licensee under the terms of this agreement which are not paid within 30 days of presentation of bills for same by the
Railway shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until
same shall be paid.
28. This Agreement shall be construed in accordance with the laws of the State of Florida.
29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and each
acknowledges and affirms that no promises, agreements, representations, terms or conditions other than contained and set
forth in this Agreement, either express of implied, have been made or relied upon.
30. RAILWAY AND LICENSEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVE THE RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION
BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT. THE PARTIES SPECIFICALLY AGREE TO VENUE IN ST. JOHNS COUNTY, FLORIDA.
31. Subject to the provisions and limitations of Section 768.28, Florida Statutes, in the event of litigation
between the parties in connection with this Agreement, the prevailing party shall be entitled to a reasonable attorney's
fee.
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
366470-0 GOVREVBrXCPI
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed in duplicate the
day and year first herein written.
Signed, sealed and delivered
in the presence of:
Witnesses as to Railway
Witnesses as to City of Miami
FLORIDAEASTCOASTRAILWAY,L LC.
a limited liability company existing under the
laws of the state of Florida,
By:
Secretary or Executive Vice President
Attestseal)
Assistant Secretary
Date of Execution:
CITY OF MIAMI,
a political subdivision of the State of Florida.
By
Official Title
Deputy Clerk
Date of Execution:
_ ----- ------------
s66 -t7366-470.00 (lOVRBVBLKCPI
-Q
- -- - -- — ----- — -- _ -- - - - : - -- - - r- 959
City of Miami
Report uace -
C3000 Mr. John H. Jackson Public Works Director Schedule "A" - Blanket Utility License
366470-0
04-Jun-02
444 S.W. 2nd Ave. POB 330708
Blanket Anniversary Date
4/1/2002
Miami FL 33230
Beginning on Anniversary
date in year indicated
---_—•--------....—_.._.—. _._...._.....-- - ---- . ....- --- ..
_ _ .------- -.. _
....... .......---..---_..._
. _..----------
.fes
FILE Date of Agreement Milepost Length Rate
County
2002
*2003
366-224)-16 10/1/1949 363+ .460 100 W3
Dade
300.00
300.00
;
24" storm sewer T n/o south line of NE 38th St. Transfer from Miami-Dade W&S
SG
M0643 effective 4/1/02.
366-22-0-17 3/22/1945 363+ 4264 100 W2
Dade
275.00
275.00
12" sewer pipeline across Dwntwn Lead at NE 26th St. Transfer from Miami-Dade
SG
W&S M0643 effective 4/1/02.
i
366-22-0-18 9/1/1949 363+ 4954 115 W3
Dade
345.00
345.00
24" cip storm sewer across Dwntwn Lead at NE 24th St. Transfer from Miami-
SG
Dade W&S M0643 effective 4/1/02.
•
't
366-2240-19 6/5/1946 364 + 2726 60 W3
Dade
180.00
180.00 -
30" cip storm sewer across Dwntwn Lead IT n/o south line of NW 17th St.
SG
Transfer from Miami-Dade W&S M0643 effective 4/1/02.
* Increase Based on CPI Number of Records
4
$1,100.00
Page I of I
UEC
FLORIDA EAST COAST RAILWAY, L.L.C.
One Malaga Street St. Augustine, Florida 32084
UTILITY CROSSING LICENSE APPLICATION
Date of Application:
Applicant:
Address: City, State Zip:
Contact: Phone and fax No:
Facility Owner:
Owner's Address: City, State Zip:
State in which Incorporated.
Contact: Phone & fax No:.
Facility to be permitted.
Length of Encroachment: R -O -W width
Facility Location: feet South of Milepost No.
Nearest cross street name:
Other Location detail information:
Please complete the following as it applies to your situation.
ABOVE GROUND FACILITIES
Type of Facility: (Electric, Telephone, Fiber, etc.)
Voltage carried:
Clearance above top of highest rail at maximum sag: .
Other pertinent Information: Guy wires, Anchors, etc.
UNDERGROUND FACILITIES
Type of Conduit: (Water, Sewer, Fuel, etc.)
Diameter of Carrier Pipe: Class of Pipe: Material:
Maximum internal pressure: psi
Provide number, size and arrangement of innerducts:
Diameter of Casing: Class of Pipe: Material:
Venting arrangement & location:
Open Cut: - ft Jack & Bore: ft Directional Bore:
Other pertinent Information: Manholes, Handholes, Junction Boxes, etc.
ft
Installations must conform to "General Specifications" as specified by the Office of Chief Engineer (rev. 1/8/02)
Forward application in triplicate, with twelve copies ofplan/proftle drawings', (I I "k 17" or less in US surveyfeet)
together with non-refundable fee of3350 to.-
Mr.
o.Mr. M.O. Bagley , Director
Industrial Development & Real Estate File No.
Florida East Coast Railway Company MC No.
P.O. Drawer 1048, St. Augustine, FL 32085-1048
APPFORM2002A.doo
.02-
i7 a7
Florida East Coast Railway, L.L.C.
Rate Schedule
New Utility Licenses
Effective: January 1, 2002
Water and Sewer, (storm & sanitary)
Non-flammable fuel pipelines
(all subgrade)
Flammable or Hazardous
Fuel Lines
Size (dia.) Schedule $ per linear foot
Up to 11"
W1
$3.05
12" to 23"
W2
3.35
24" to 35"
W3
3.65
36" to 47"
W4
3.95
48" to 59"
W5
4.25
60" to 71"
W6
4.60
72" to 83"
W7
4.90
84" & up
W8
to be determined
Transmission FI $4.90
Distribution F2 3.90
Service F3 3.10
Communication Lines All Cl ( per innerduct) $3.60
(overhead and *subgrade)
* subgrade requires installation of FEC dedicated Ducts and associated handholes.
Electric Power Lines Transmission P'l
Distribution P2
Service P3
Miscellaneous facilities Pole/Downguy MI (each) $250.00
Junct Box/Manhole M2 (each) $250/$500
All completed applications must be accompanied by a $350.00 non-refimdable processing fee, and twelve copies of
plan and profile drawings of the proposed installation. (preferable size i l" x 17" or smaller)
U
- Rate&W.2002A doc -
02-- 959
FLORIDA EAST COAST RAILWAY, L.L.C.
OFFICE OF CHIEF ENGINEER
i General Specifications for
Sub -grade and Above Grade Utility Crossings of
Railway's Right -of -Way
L General Provisions
A. A plan and profile drawing containing all pertinent details measured in U. S. lineal feet for the proposed crossing shall be
submitted to the Engineering Department for approval prior to the preparation of any agreement. (Metric Units, not ac-
cepted). All crossings (above grade/sub-grade) shall be substantially perpendicular to the FEC Main Line and location of
crossing shall be limited to crossing as few tracks as possible.
B. The plan will show all information for the proposed crossing installation with reference to the nearest Railway Mile Post or
centerline of nearest street intersection.
C. Request for installation shall be accompanied with a letter signed by the owner, company officer, or government agent.
D. The lessee will be responsible for any and all costs of repairs or maintenance of the Railways property and structures dis-
turbed or damaged due to the installation or construction aftereffects.
E. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for and dur-
ing construction.
F. As -built drawing of the installation shall be submitted with the completion report, which will include exact location refer-
enced to nearest Railway milepost or centerline of nearest street intersection of installation, exact profile showing sub -
grade elevations, and cross-sections.
II. Subgrade Pipelines and Cables
A. All subgrade carrier pipelines and electrical wirelines shall be installed within a casing pipe, except for telecommunication
wirelines that may be installed without casings.
1. All casing pipes will extend from right-of-way line to right-of-way line and shall be equipped with shut-off valves
each side, protecting the entire R/W crossing.
2. The Railway will not permit casing installation by open -cut method through the track(s) roadbed.
3. All electrical and gas pipelines shall be encased with steel pipe in accordance with Section II(C), page 2.
B. Application will be accompanied with plans showing profile in relation to actual ground, track, and other facilities at the
project site.
1. The method of installation will be detailed, including the location of jacking pit as measured from centerline of near-
est track.
2. The casing pipe must be installed at least 5.5 feet below bottom of crosstle.
3. Jacking pit locations must be outside of FEC right-of-way lines. No open -cut lateral crossings will be allowed. The
pit will be protected with *adequate sheeting, bulkheads, and sidewalk m proto ct the RaiWs roadbed. Proper bar-
ricades and lights, if necessary will be set around the pit for positive protection.
- - - -- - - - - - -- -- --- — - — ---- - - - - -
.02- 959
C. Casing pipe specifications are as follows.
1. Metal casing pig gall have a minimum diameter of 2.0 inches. Size, `trough 8.0 -inch diameters, must be galva-
nized, and mee, idard weight ASTM Specification A53, Grade B. T1, A coupling is allowed.
2. Casing pipe 8.0 inches and larger in diameter may be used, complying section C-3, page 2.
3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by black bituminous coat-
ing for protection against corrosion. Wall thickness shall be as foilows.
Diameter
Inch
Thickness
Inch
8-16
I IA
18-20
5/16
22-24
3/8
26-28
7/16
30 - 34
1/2
36-38
9/16
40-48
5/8
52-56 I
11/16
60-66
3/4
72-78
13/16
84-90 I
7/8
96-102 I
15/16
108-114 I
1
120 '
1-1/8
4. Ail casing pipe joints will be welded in accordance with AISC Specifications, Section 1-7-2. All joint welds will be full
penetration.
5. At no time will construction interfere with the normal and safe operation of the Railway. No construction, man-
power, or equipment will enter or operate right-of-way within a safety clearance of 25.0 feet from the centerline of
near track.
6. All casing pipe installations, where the diameter is greater than 48 inches, will require a pre -construction conference
with all parties, at the project location.
7. Pre -construction arrangements will be made with the Engineering Department at least one week prior to construc-
tion. A Railway inspector must be present during the entire construction of the casing pipe. The inspector will have
complete authority over the project on the Railway's right-of-way.
8. All Safety Inspection Costs will be bome by the lessee.
D. Tunnel liner requirements are as follows.
1. All applicable preceding sections will govern tunnel liner usage.
2. Tunnel liner plate will be 12 -gauge, galvanized, and all bolts and nuts will be galvanized.
3. Live load will be based on Cooper E-80 Railway loading, using applicable formulae and computations performed by a
registered professional engineer, State of Florida. The (signed/Sealed) computation results will accompany the plans
for review by the Engineering Department.
4. Grout holes, if required will be provided at 10 -foot intervals along the roof and sides.
S. The tunnel liner -jacking shield will protect 180 degrees of the upper section and material removed to allow for a
minimum 1:1 slope, with a minimum 2.0 feet of undisturbed soil supporting the overburden.
6. The tunnel liner installation will progress with sufficient manpower and supervision for around -the -dock fiction
until the liner is completed, through the limits of the right-of-way.
E. Carrier pipeline specifications are as follows.
1. Reinforced concrete pipe:
a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASTM Specification C76
Class IV for Railway strength pipe or current specification for prestressed concrete pipe.
2
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02- 959
b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specifi-
cadw on 5" or equivalent. Jdnts for bell and spigot and bona• and groove pipe to be In accordance with
current stn J practice. Joints may be made using confined co. ous rubber gasket.
2. Cast iron pipe:
a. Materials: Pipe must conform to current ASTM Specification A142 for 'Standard Pipe."
b. Joints: Bell and spigot, caulked with lead and oakum, or approved mechanical type joint.
3. Polyethylene pipe:
a. Materials: Pipe must conform to current ASTM Specifications D2104, Schedule 40, for standard pipe.
4. Steel pipe:
a. Materials: Pipe must conform to current ASTM Specification A120.
b. Joints: All joints must be welded or of an approved mechanical type.
F. Carrier pipe with an internal pressure less than 30 psi shall have the ends of the casing pipe sealed after installation.
G. Carrier pipe with an internal pressure of 30 psi or more shall have the casing pipe open at the ends if location conditions
permit water from leaks to discharge into drainage ditch or storm drains. If this is not practicable, the casing pipe shall
be sealed at both ends and 4 -inch relief vent provided at either end outside the Railway's right-of-way limits, which shall
discharge into a drainage ditch or sewer. Casing pipe shall have a minimum inside diameter of 6.0 inches greater than
the maximum outside diameter of the carrier pipe, including bell ends or flanges.
H. For directional bore installations:
1. Minimum cover within 25.0 feet centerline any track, 10 -foot from bottom of the crosstie to top of pipe or casing.
2. Minimum cover outside 25.0 feet centerline near track, 5 -foot from natural ground to top of pipe or casing.
III. Above Grade Structures
A. Standard overhead clearances for fixed structures, such as bridges and other overhead fixed structures, will be 23.0 feet
above top of rail (T/R).
B. Pre -design conference with the Engineering Department will set forth horizontal clearance of subgrade, grade, and above
grade construction and structural limits.
IV. Above Grade Wirelines
A. All aerial lines and cables will provide a minimum clearance above top of rail (T/R) of highest track. Standard overhead
clearance for all aerial line crossings, both power and non -power line crossings, are as follows.
1. 27 feet above T/R for lines 0 to 750 volts.
2. 30 feet above T/R for lines 750 to 50,000 volts.
3. 30 feet above T/R for lines over 50,000 volts, plus an additional 0.4 inch for each 1,000 volts in excess of 50,000
volts.
B. Exceptions: For line crossings at or near other fixed facilities, such as automated crossing gate arms at highway grade
crossings and any other facility that the Railway might deem additional clearance requirements necessary: an additional
3.0 feet of clearance will be required over and above the highest fixed facility at said location, but not less than 27.0 feet
T/R.
C. Should the Railway add or modify existing crossing gate protection at any highway grade crossing, existing wire lines or
cables shall be raised immediately on notice from Railway to lessee and at the sole cost and expense of the lessee.
3 - - -- - - -- ----__-___----_ _
0
V. Miscallan
A. cathodic protection of pipelines, cables, or casings:
1. When cathodk protection is provided, it shall be installed so as not tD induce currents, which will interfere with the
signal apparatus of the Railway. Any change required In the manner, method, or location of such cathodic protec.
tion shall be made at the sole cost and expense of the lessee and tD the satisfaction of the Engineering Department
of the Railway.
B. Proposed structures must maintain a minimum 10 -foot horizontal clearance tD the face of any signal, post, crossing gate
or other above grade obstruction.
Revised 1/8/02
a
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02- 959
INDEMMTY OF FLORIDA EAST COAST RAILWAY COMPANY
AND INSURANCE REQUIRE1�NTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter
indemnify, defend and save harmless the Florida East Coast Railway Company from and against all
judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer,
sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction
contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows:
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. and from loss.
damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railwav
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.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure
and keep in effect comprehensive general liability insurance in the limits of 52,000,000.00 each occurrence
for bodily injury or death and 52,000,000.00 property damage each occurrence. covering all obligations of
Contractor to indemnify the Railwav by Contractual Assumed Liability Endorsement. Alternatively,
Contractor may procure and keep in effect during the life of this construction contract, as aforesaid,
Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages
with the limits specified in this paragraph.
In addition to the above, Contractor shall,' at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the Railway. shall be in a form
satisfactory to Railway's 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.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
FROM
RECOMMENDATION
CA -14
DATE: AUG ? 8 2502 FILE:
SUBJECT:
Florida East Coast Railway
Storm Sewer Crossing
REFERENCES: Agreement / RESOLUTION
ENCLOSURES:
It is respectfully recommended that the attached Resolution be adopted authorizing the
City Manager to execute an agreement with the Florida East Coast Railway for the
installation and maintenance of storm sewer pipes across the FEC. railway right-of-way
corridor.
The fiscal impact of this agreement is $1,100 annually, subject to rate change, for the
license fee required by the railroad. F_ ynding is available for this expense from the Public
works Operating Budget.
JUSTIFICATION
The City currently owns and maintains storm sewer pipes that cross Florida East Coast
Railway right-of-way at four (4) locations along their mainline corridor. These pipes are
integral and essential to the existing stormwater drainage system and are located at:
1. 24" storm sewer pipe at NE 38 Street
2. 12" storm sewer pipe at NE 26 Street
3. 24" storm sewer pipe at NE 24 Street
4. 30" storm sewer pipe at NE 17 Street
These pipes were installed in 1949 and 1961 prior to the City's transfer of the sanitary
sewer and water -main system to the "Miami -Dade Water and Sewer Authority". In 1975,
these four storm sewer pipes were inadvertently included in the transfer of sewer
facilities to Miami -Dade County by the "Tri -Parry Agreement" along with the permission
from the FEC Railway for the crossings. This oversight has been recently discovered and
it is now in order for the City to enter into a new agreement for these storm sewer
crossings with the FEC Railway.
FISCAL IMPACT: $1100.00 Annually— (Subject to rate change)
CAG/FKR/ /JRA/LJH/mm
4W02-
FEC
`x/02
FEC Railway - R -O -W -Storm Sewer - RESOLUTION
'99
1. Department
2. Agenda Item # (favailable)
3. Title and brief description of legislation or attach
alysis
Division
4. Is this item related to revenue? NO: YES (Yves. skip to item #7.)
5. Are there sufficient funds in Line Item?
YES: Index Code Minor Obj. Code Amount
NO: _ Complete the following questions:
25
Source of fiords: Amount budgeted in the Line Item S
Balance in Line Item S
Amount needed in the Line Item S
Sufficient fimdc will he A. n.mferrPA fmm the fnllnmino line. itame-
ACTION ACCOUNT NUMBER
ACCOUNT NAME TOTAL
Index/Minor Ob'ect/Pro'eet No.
Verified by
From
$
From
$
From
$
To
$
7. Any additional comments?
8.
FOR DEPARTMENT OF MANAGEMENT
AND BUDGET USE ONLY
Verified hO
Verified by
Transfer done by.
L-4
08
Budget Analyst
of and B
Director/Designee
Budget Analyst
10 D GLV
29LCL
a"-.1 02- 95U