HomeMy WebLinkAboutR-01-1211J-01-991
11/15/01
I-]
RESOLUTION NO
•
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S) AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY
("FEC"), PROVIDING FOR, AS PART OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY'S ("CRA") NORTHWEST NINTH STREET PEDESTRIAN
MALL, AN AT -GRADE PUBLIC PEDESTRIAN CROSSING
ACROSS AND OVER THE TRACKS, RIGHT-OF-WAY AND
PROPERTY OF FEC AT MILE POST MP365 + 6721, SUBJECT
TO THE COSTS OF CONSTRUCTION, USAGE, MAINTENANCE,
REPAIR, AND ULTIMATE REMOVAL OF SAID CROSSING TO
BE BORNE BY THE CITY, AND FURTHER CONTINGENT UPON
(1) THE CITY ENTERING INTO AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH MIAMI-DADE COUNTY ("MDC"), PROVIDING THAT MDC
DISBURSE FUNDS, IN THE AMOUNT OF $202,690, FOR
SAID PURPOSE, AND (2) THE COSTS OF ANNUAL
MAINTENANCE TO BE BORNE BY THE CRA.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manger is authorized') to execute an
agreement, in ,substantially the attached form, with Florida East
Coast Railway ("FEC"), providing for, as part of the Southeast
Overtown/Park West Community Redevelopment Agency's ("CRA")
Northwest Ninth Street Pedestrian Mall, an at -grade public
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.
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CITY COMMISSION
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pedestrian crossing across and over the tracks, right-of-way and
property of FEC at Mile Post MP365 + 672' , subject to the costs
of construction, usage, maintenance, repair, and ultimate removal
of said crossing to be borne by the City, and further contingent
upon (1) the City entering into an Interlocal Agreement, in
substantially the attached form, with Miami -Dade County ("MDC"),
providing that MDC disburse funds, in the amount of $202,690, for
said purpose, and (2) the costs of annual maintenance to be borne
by the CRA.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 15th day of November , 2001.
}} 5
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ATTEST:
WALTER J. F
AP
, CITY CLERK
FORM
NURO VILARELLO
ATTORNEY
W5808:LB:BSS
JOE CAROLLO, MAYOR
Water
CORRECTNESSi'
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
INTERLOCAL AGREEMENT
This Agreement is made and entered into this day of , 2001,
by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida,
herein referred to as the "County", and the CITY OF MIAMI, a municipal corporation,
hereinafter referred to as the "City", for construction of a pedestrian walkway with a
crossing surface and warning devices at the N.W. 9th Street Pedestrian Mall and the Florida
East Coast Railway, hereinafter referred to as the "Project".
WITNESSETH
WHEREAS both parties wish to facilitate the construction of the N.W. 9`11 Street
Pedestrian Mall from N.W. 2"d Avenue to N.W. Vt Avenue, including the Railway grade
crossing surface and warning devices,
WHEREAS construction of the Project is the responsibility of the County; and
WHEREAS the City has entered into an agreement with the Florida East Coast (FEC)
Railway for construction and maintenance of the Railway crossing surface and warning
devices, which are elements of the project,
WHEREAS the FEC Railway requires construction of the crossing surface and
warning devices to be accomplished only by FEC Railway forces,
i -r
12 4. 1
WHEREAS the agreement between the City and the FEC Railway requires transfer of
funds in the amount of $202,690.00 from the City to the Railway for construction of the
Railway crossing surface and warning devices,
WHEREAS the City shall be responsible for all future costs for the crossing, which
are not borne by the FEC Railway, including maintenance and repairs,
NOW, THEREFORE, in consideration of the premises and covenants contained
herein, the parties agree:
The County shall disburse to the City funds for construction of the Railway crossing
surface and warning devices, in the amount of $202,690.00. Should the actual cost of
construction exceeds this amount, the County shall negotiate with the City on payment of the
balance, by either the City or the County.
The City shall submit to the County, prior to payment, a fully executed agreement
between the FEC Railway and the City, for construction and maintenance of the Railway
crossing surface and warning devices.
Upon completion of the work by the railway, the City shall verify that the work
represented in the agreement has been performed, and certify that the City has utilized
County funds to pay the FEC Railway for the construction.
2
The City agrees to permit the County auditors to inspect the books, records and
accounts related to the Railway crossing surface and warning devices for three years after
completion of the Project. These records shall be made available to the County for
inspection within five (5) working days upon written receipt of a written request from the
County.
To the extent authorized by Florida law and subject to the limitations of Section
768.28, Florida Statutes, the City hereby agrees to indemnify, defend, save and hold harmless
the County from all claims, demands, liabilities and suits of any nature whatsoever arising
out of, because of or due to the breach of this Agreement by the City, its agents or
employees. It is specifically understood and agreed that this indemnification clause does not
cover or indemnify the County for its sole negligence or breach of contract.
Any and all notices required to be given under this agreement shall be sent by first
class mail, addressed as follows:
To the County:
Attention: Aristides Rivera, P.E., P.L.S.
Director, Public Works Department
Miami -Dade County
1 I i N. W. 1st Street, Suite 1640
Miami, Florida 33128
(305) 375-2960
•
To the City:
•
Attention: Mr. Carlos A. Gimenez
City Manager
City of Miami
444 S. W 2'd. Avenue
10th Floor
Miami, Florida 33130-1910
(305) 416-1025
4
•
IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day
and year first above written.
WITNESS: MIAMI-DADE COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY
COMMISSIONERS
BY:
Approval by County Attorney
As to form and legal sufficiency.
ATTEST:
Walter J. Foeman
City Clerk
Approved as to Form and Correctness
Alejandro Vilarello
City Attorney
ATTEST:
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
L-0114
Carlos A. Gimenez
City Manager
Approved as to Insurance Requirements
vqn.l
Mario Sol evilla
Risk Management, Administrator
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, effective as of the day of 12001,
is between the FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St.
Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAILWAY" and
the CITY of MIAMI, a municipal corporation of the State of Florida, hereinafter called "CITY."
WITNESSETH:
That the RAILWAY, in consideration of the covenants and conditions hereinafter set
forth to be performed and kept by the CITY, hereby permits the CITY to construct, use,
maintain, repair, renew and ultimately remove an At -grade Public Pedestrian Crossing across
and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost MP
365 + 672', more particularly described in Exhibit A attached hereto and incorporated herein by
reference, hereinafter referred to as the "CROSSING SITE":
The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces
and automatic crossing warning devices which arc, or might be, located within or adjacent to the
above-described location, provided that, the construction of the CROSSING SITE shall be done
by RAILWAY as provided in this License Agreement ("Agreement") and further provided that,
notwithstanding rights to the CITY granted herein, RAILWAY reserves the right to perform all
work required on RAILWAY'S property including construction, drainage, lighting and
vegetation management, in which event CITY shall pay the RAILWAY the entire cost and
expense of labor, materials and equipment furnished by RAILWAY in performing such work.
F.E.C. Rwy. Co. Original Copy
Page 1
The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the
CROSSING SITE as specified herein.
In consideration of the granting of this Agreement by the RAILWAY, the CITY
covenants and agrees with the RAILWAY as follows:
1. The CROSSING SITE shall be used for Public At -grade Pedestrian Crossing
Purposes Only and no utility, including telecommunications facilities, pipes, wires, cables; or
other line or structure shall be placed in, on or over the CROSSING SITE without the previous
consent in writing of the RAILWAY. CITY further agrees that it will at all times keep 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 clear of any
vegetation or other growth greater than two (2) feet in height on each side of the tracks at the
sole expense of the CITY and without cost to RAILWAY or lien upon RAILWAY'S property.
2. This Agreement is for an initial term of one (1) year and shall continue in effect
thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60)
days prior 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 CITY 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 CITY shall grant forthwith to 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 the CITY fails to promptly grant the
Page 2
RAILWAY necessary permits, CITY shall bear all additional expense incurred by the
RAILWAY attributable to such failure, including costs due to slow ordering of trains. CITY
shall promptly pay such amounts upon 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 CITY or RAILWAY,
shall be the sole responsibility of the CITY.
6. The RAILWAY shall install the warning devices, including the fixed signs, flashing
lights and bells (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole
cost of the CITY. The WARNING DEVICES are a Type I Class I installation as defined in the
Florida Department of Transportation Schedule of Signal Installations by Type and Class
attached hereto as Exhibit C. Installation costs are estimated to be $146,530.00 as shown on the
estimates for signal installation attached hereto as Exhibit B and incorporated by reference.
In addition, CITY shall pay unto RAILWAY annually the annual cost of maintenance of
said WARNING DEVICES as provided in the Florida Department of Transportation's
SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING
TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which
is attached hereto as Exhibit C and incorporated herein by reference.
The WARNING DEVICES will be owned by the RAILWAY and shall remain at the
CROSSING SITE until the RAILWAY decides that they are no longer needed or should be
replaced, or until other legal requirements are imposed which shall eliminate or substantially
change their operations.
Page 3
-1`x:11
7. The RAILWAY shall install a new 74' wide concrete grade crossing surface (the
"SURFACE') along with other improvements as shown on the drawing, attached hereto as part
of Exhibit A, 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 CITY.
Installation costs are estimated to be $56,160.00 as shown on the estimates for crossing
installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY
determines that the replacement of the new SURFACE is more economical than its continued
maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a
comparable or improved structure. The replacement costs of the new SURFACE shall be the
sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the
remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be
located between the ends of the ties. The RAILWAY shall provide a construction watchman at
said CROSSING SITE while work is being performed by the CITY under the provisions of this
Agreement, at the sole expense of the CITY.
8. The CITY 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 CITY agrees to bear the total expense of any changes
or additions to the pavement and traffic signal devices, the SURFACE, the WARNING
DEVICES or other railroad signalization equipment or new 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 CITY.
Page 4
9. The CITY 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 time to their
approval. An additional license agreement may be required by the RAILWAY, depending upon
the location of such drainage facilities and 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 crossing shall be installed, maintained and replaced at or
near this CROSSING SITE by and at the sole cost of CITY.
11. The CITY further covenants to pay the RAILWAY, within thirty {30} days after
presentation of the same, all bills submitted by Railway including maintenance bills as set forth
in Paragraph 6 above and all bills for electricity for the lighting and illumination of the
CROSSING SITE if same are provided by Railway, pursuant to a requirement of the laws of the
State of Florida.
12. At the termination of this Agreement for any cause, or upon termination of the
CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate
and the CITY shall remove, under the RAILWAY'S supervision and direction, at CITY'S 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. Subject to the limitations contained in Florida Statutes Section 768.28, the CITY shall
indemnify, defend 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
,',E I;i"'ji :;:� Page 5
on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the
CROSSING SITE.
14. The CITY shall not in any way, or at any time, interfere with or obstruct
RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations,
or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns,
invitees, lessees or licensees.
15. The CITY acknowledges the waiver of sovereign immunity for liability in tort
contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions
at law against the CITY to recover damages set forth in such statute for injury or loss of
property, personal injury, or death caused by the negligence or wrongful act or omission of an
employee of CITY while acting within the scope of the employee's office or employment under
circumstances in which CITY, if a private person, would be liable under general laws of this
State.
The CITY 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 CITY, each and every one of the terms and
conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST
RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a
part hereof as Exhibit D.
16. (a) CITY, at its own cost and expense, when performing any work in connection
with the CROSSING SITE shall request RAILWAY to furnish any necessary construction
watchmen for the protection of RAILWAY'S employees, property and train operations.
RAILWAY shall be notified at least one (1) week in advance of the performance of any work in
connection with the CROSSING SITE.
„_, <;;:; Page 6
(b) In addition to, but not in limitation of any of the foregoing provisions, if at any
time RAILWAY should deem it necessary to place construction watchmen for the protection of
any person or property, during the construction, maintenance, repair, alteration, renewal, or
removal at the CROSSING SITE, RAILWAY shall have the right to place such construction
watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill
from RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of such
construction watchmen. The furnishing or failure to furnish construction watchmen, or other
persons by the RAILWAY under this paragraph, however, shall not release CITY from any and
all other liabilities assumed by CITY under the terms of this Agreement, including its obligations
under Paragraph 15 hereof. The CITY shall give the RAILWAY one (1) week's advance written
notice when it 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. In emergency situations CITY shall give the RAILWAY telephonic
notice. The CITY further agrees that at all times its personnel or agents are on the property of
the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved
will be borne by the CITY.
17. After the SURFACE and WARNING 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 CITY an
invoice showing the final total cost of material, labor and equipment furnished by the
RAILWAY, in accordance with the estimate of said cost to the CITY to be $202,690.00 set forth
in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof
Page 7
J'-1211
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 and cost of the CITY, and at its sole expense.
19. The CITY shall promptly pay RAILWAY all charges for replacement, repair or
otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of
the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this
Agreement shall constitute default by the CITY.
20. The CITY hereby acknowledges that it has been notified that its personnel will or
may be working in an area containing active fiber-optic transmission cable as well as other
cables and other facilities.
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.
23. It is understood by and between the respective parties hereto that this License
Agreement cancels and supersedes all other License Agreements covering this location between
the RAILWAY and any other entity or person.
Page 8
1. 21.1
IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to
be executed in their corporate names and respective seals to be hereunto affixed in duplicated the
day first hereinafter written by their undersigned officials thereunto lawfully authorized.
Signed, sealed and FLORIDA EAST COAST RAILWAY, L.L.C.,
Delivered in the presence of: a Limited Liability Company
By. (Seal)
ATTEST:
Witnesses as to Railway
Witnesses as to CITY
APPROVED AS TO
INSURANCE REQUIREMENTS:
By•
&/. n4i4-
Mario Soldevilla
Risk Management
Administrator
Assistant Secretary
DATE:
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Carlos A. Gimenez
Title: City Manager
Attest:
Walter J. Foeman
Title: City Clerk
Date:
APPROVED ASO/
FORM AND,11�0R CTNESS :
i
Alejandro Vilarello
City Attorney
Page 9
-01 -1 1.1
LICENSE AREA
October 12, 2001
File: 3651391672'
N.W. 9TH STREET (]PEDESTRIAN CROSSING)
MP 365+672'— FDOT # NOT ASSIGNED
A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED TWENTY
(120) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND
WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE
RAILWAY AT N.W. 9TH STREET IN MIAMI, FLORIDA, WITH LONGITUDINAL
CENTER LINE OF SAID PARCEL LOCATED SIX HUNDRED SEVENTY TWO
FEET (672) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO. 365 AS
MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-WAY OF THE
RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET AT THIS
LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE
OF THE CENTERLINE OF THE MAIN TRACK.
ALL AS SHOWN ON THE ATTACHED PLAN 01-D-210, DATED OCTOBER 10,
2001, ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "A"
0 CITY OF MIAMI 0
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Walter J. Foeman
City Clerk *ylo
FROM: Alei and
City
DATE: DecemberA, 2001
RE: Corro4ed Resolution No. 01-1211, adopted November 15, 2001, related to
pedestrian crossing over FEC Tracts (J-01-991)
After an audio review of Item District 5(A), adopted as Resolution No. 01-1211 on
November 15, 2001, it has been determined that the legislation previously provided to you
does not include certain contingencies required by the City Commission when approving the
license agreement for a pedestrian crossing over FEC Tracts.
Please replace the document you presently possess as Resolution No. 01-1211, with the
attached substitute original resolution which has been revised to address the full intent of the
City Commission's deliberations. This memorandum may be attached to Resolution
No. 01-1.211 so that any concern regarding the substitution of said resolution is clarified.
After the correct document has been executed, please forward a copy to this Office and
to Annette Lewis, Executive Director of the Omni and Southeast Overtown/Park West
Community Redevelopment Agencies.
W640:13SS
Attachment
c: Annette Lewis, Executive Director
Omni and Southeast Overtown/Park West Community Redevelopment Agencies
J-01-991
11/13/01
f -Q
RESOLUTION NO
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THS
TTACHED FORM, WITH FLORIDA EAST COAST RAILW
( C), PROVIDING, AS PART OF THE SOUTH ST
OV TOWN/PARK WEST REDEVELOPMENT AGE Y'S
NORT WEST NINTH STREET PEDESTRIAN MALL, R AN
AT GR\PUBLIC PEDESTRIAN CROSSING ACRS AND
OVER TKS, RIGHT-OF-WAY AND PROFERTY OF
FEC APOST MP365 + 672.' AND.PROVIDING
THAT TY SHALL BEAR THF/ COST OF
CONSTRUSING, MAINTAINING/ REPAIRING,
RENEWILTIMATELY REMOVING TAID CROSSING.
BE IT RESOLVED BY THE%,COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Citi Manger 14 authorized!/ to execute an
agreement, in substantiaX y the attache'..form, with Florida East
Coast Railway (FEC) providing, as pa t of the Southeast
Overtown/Park West redevelopment Agency's No hwest Ninth Street
Pedestrian Mallfor an at -grade public e %kptrian crossing
across and ov r the tracks, right-of-way and prop ty of FEC at
Resolution 01-1211/was replaced with a substitute original esolution
01-1211 per memoy6ndum from the City Attorney dated Decembe 12,2001.
i.i The -erein authorization is further subject to complianc',with all
re `irements that may be imposed by the City Attorney, includi but not
1—ited to those prescribed by applicable City Charter a Code
ovisions.
rti
TTY C°M7IWEET)"1M Or
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�Yi3�Grluflnrl XV O.
•
•
Mile Post MP365 + 672' and providing that the City shall bear the
\immediat
ructing, using, maintaining, repairing, renewing a
moving said crossing.
2. This Resolution shall become e ective
pon its adoption and signature of the Mayo2/
ND ADOPTED this 15th day of November 2001.
JOE YAROLLO, MAYOR
P11 iw1i��I L7 :ry � 1A lllit �n� � . ��I .� C. �.�^:f. f± .Yn _„r. SI,�,. -0 9 A'•Ti�..l E��d S .a_ ...5�_.. . -,) a_[
suVi�ti, v4a, ut ii' W ivi;;, I � ;' :i�iI ja
ATTEST:
WALTER J. FOEr
CITY CLERK/
r
APPRO�D AS TV FORM
CTNESS:
�L R ARELLO-11
T ATT EY
00 8 : LB
Resolution 01- 211 was replaced with a subst\datedr
ginal Resolution
01-1211 per morandum from the City Attorneecember 12,2001.
z� If t Mayor does not sign this Resolution, it shall become fective at
the nd of ten calendar days from the date it was passed an adopted.
If the Mayor vetoes this Resolution, it shall become fective
ediately upon override of the veto by the City Commission.
Page 2 of 2
F
LICENSE AGREEMENT
IS LICENSE AGREEMENT, effective as of the day of , 2001,
is between e FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. rawer 1048, St.
Augustine, F1on 32085), a Limited Liability Company, hereinafter cal d "RAILWAY" and
the CITY of MIAM , municipal corporation of the State of Florida, l -einafter called "CITY."
WITNESSETH:
That the RAILWAY, in consideration of the coven is and conditions hereinafter set
forth to be performed and kept y the CITY, hereb permits the CITY to construct, use,
maintain, repair, renew and ultimatel emove an A grade Public Pedestrian Crossing across
and over the tracks, right of way and prop y o ILWAY, at the RAILWAY'S Milepost MP
365 + 672', more particularly described in h it A attached hereto and incorporated herein by
reference, hereinafter referred to as the' ROSSIN ITE":
The CROSSING SITE inc des any railroader sing warning signs, crossing surfaces
and automatic crossing warm devices which are, or might e, located within or adjacent to the
above-described location, rovided that, the construction of the OSSING SITE shall be done
by RAILWAY as pro ded in this License Agreement ("Agreement' nd further provided that,
notwithstanding ' hts to the CITY granted herein, RAILWAY reserves a right to perform all
work requir on RAILWAY'S property including construction, drain e, lighting and
vegetati management, in which event CITY shall pay the RAILWAY the a ire cost and
exp se of labor, materials and equipment furnished by RAILWAY in performing s h work.
Resolut' n 01-1.211 was replaced with a substitute original Resoluti
01-12�01per memorandum from the City Attorney dated December 12,2001.
F.E.C.. Co. Origi,92.1 Cy
Page 1
-1211
The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the
SSING SITE as specified herein.
In consideration of the granting of this Agreement by the RAILWAY, th CITY
covena and agrees with the RAILWAY as follows:
K
1. e CROSSING SITE shall be used for Public At -grade /Pedrian Crossing
Purposes Only d no utility, including telecommunications facilities, pes, cables; or
other line or structurkshall be placed in, on or over the CROSSING VrE without the previous
consent in writing of th\sout
Y. CITY further agrees tha it will at all times keep the
CROSSING SITE, togetadditional portions of th ILWAY'S right-of-way within
325 feet of the northerlyly limits or boundari of the CROSSING SITE clear of any
vegetation or other growth greater
th\two (2)
soleexpense of the CITY and withoutR-11
2, This Agreement is for an initi
thereafter from year to year, subject to
days prior written notice.
eheight on each side of the tracks at the
WAY or lien upon RAILWAY'S property.
of one (1) year and shall continue in effect
the RAILWAY or CITY upon sixty (60)
3. The provisyamndpulations of this Agreement e a part of the consideration of the
licensing of the CROEand in the event the CITY sha fail to comply with any of the
covenants and condi, at the option of the RAILWAY, his Agreement shall be
terminated with All legal rights and remedies retained by the RAILW\Y, including but not
limitedto th ght to reenter, repossess, and remove the crossing if it shall elecN do so.
The CITY shall grant forthwith to the RAILWAY necessary petits for the
ins ation, construction, erection, repair and maintenance of any of the RAILWAY\Resotion
aintained facilities described in this Agreement. If the CITY fails to promptly
Resolution 01-1211 was replaced with a substitute original
01-1211 per memorandum from the City Attorney dated Decemb1.
Page 2
RAILWAY necessary permits, CITY shall bear all additional expense incurred by the
ILWAY attributable to such failure, including costs due to slow ordering of trains. C Y
sha promptly pay such amounts upon billing by the RAILWAY.
Unless otherwise specified, the cost of installation, construction, mai enance and
replacemen\ra
facilities at the CROSSING SITE, including/th
the crossing
structure aoad and highway devices, whether performeRAILWAY,
shall be the sole resp sibility of the CITY.
6. The RAILW shall install the warning devices, inigns, flashing
lights and bells (collectively e "WARNING DEVICES"), the CROSSING SITE at the sale
cost of the CITY. The WARN DEVICES are a T 1 Class I installation as defined in the
Florida Department of Transportatio Schedule Signal Installations by Type and Class
attached hereto as Exhibit C. Installation sts a estimated to be $146,530.00 as shown on the
estimates for signal installation attached her o s Exhibit B and incorporated by reference.
In addition, CITY shall pay unt RAILWA annually the annual cost of maintenance of
said WARNING DEVICES as rovided in the rida Department of Transportation's
SCHEDULE OF ANNUAL OST OF AUTOMATIC IGHWAY GRADE CROSSING
TRAFFIC CONTROL D ICES, as may in the future be revis or amended, a copy of which
is attached hereto as hibit C and incorporated herein by reference.
The W ING DEVICES will be owned by the RAILWAY\nded
remain at the
CROSSING ITE until the RAILWAY decides that they are no longor should be
replaceor until other legal requirements are imposed which shall elsubstantially
cha e their operations,
kesolution 01-1211 was replaced with a substitute original Relplution
01-1211 per memorandum from the City Attorney dated December 1 2001.
Page 3
7. The RAILWAY shall install a new 74' wide concrete grade crossing surface {the
"SURFACE') along with other improvements as shown on the drawing, attached hereto as rt
of hibit A, in accordance with Florida Department of Transportation Standard Speci ations
for Roa and Bridge Construction, Index No. 560, as may be amended, at the sole c t of CITY.
Installation' osts are estimated to be $56,160.00 as shown on the estim s for crossing
installation atta ` ed hereto as Exhibit B and incorporated by reference. en the RAILWAY
f
determines that the lacement of the new SURFACE is more econnical than its continued
maintenance, the RAIL Y shall have the exclusive option to place the SURFACE with a
r
comparable or improved struure. The replacement costs o the new SURFACE shall be the
sole responsibility of the CITY.he CITY shall, at its le expense, maintain and replace the
remainder of the road inside theRAII:,WAY'S rig hof --way, plus any paving which may be
located between the ends of the ties. The"KAIL AY shall provide a construction watchman at
said CROSSING SITE while work is being a ormed by the CITY under the provisions of this
Agreement, at the sole expense of the C Y.
8, The CITY agrees, ac ledges and under ands that the RAILWAY reserves the
right to make any changes at future time in its existing t ks or other facilities, including the
installation, maintenance d operation of any additional track o tracks or other facilities on its
right-of-way at the C SSING SITE. The CITY agrees to bear the t at expense of any changes
or additions to a pavement and traffic signal devices, the SURF CE, the WARNING
DEVICES or ther railroad signalization equipment or new structure at the OSSING SITE,
whether ese changes or additions are required by law or order of any pub i or judicial
auth ' ty, done voluntarily by the RAILWAY, or requested by the CITY.
laces with a substitute original Re olution
solution 01-1211 was rep ..
Al -1211 per memorandum from the City Attorney dated December 122001.
Page 4
.� 121
9. The CITY agrees that it will install, maintain and replace all necessary drainage
ilities to prevent the accumulation of surface water due to the existence of the CROSS
SI'I Such facilities must first be approved by the RAILWAY and any governing bodievliaving
jurisdictt thereof and operation of the facilities shall also be subject at all tAe to their
approval. additional license agreement may be required by the RAILWAY,/4epending upon
the location ofch drainage facilities and type, size, depth and other specifications of the
proposed facilities, a�-jubmitted to the RAILWAY.
10. Lighting facilf�jcs adequate to comply with the
of the laws of the State
of Florida covering illuminatioiq of road crossing shall be inst#11ed, maintained and replaced at or
near this CROSSING SITE by and`,4t the sole cost of CITY.
11. The CITY further covena is to pay thq�`RAILWAY, within thirty (30) days after
presentation of the same, all bills submittby,yailway including maintenance bills as set forth
in Paragraph 6 above and all bills for 91 cl I ity for the lighting and illumination of the
CROSSING SITE if same are provided,6y Railway, ursuant to a requirement of the laws of the
State of Florida. f
12. At the terminatioxiof this Agreement for any ause, or upon termination of the
CITY'S use of the CROSSING SITE as herein described, all rig s of the CITY shall terminate
and the CITY shall rgrhove, under the RAILWAY'S supervision and rection, at CITY'S entire
cost and expense; ` said road and all non -RAILWAY -owned improvers nts placed upon the
RAILWAY'S' right-of-way and restore the ground to its original condition.
13. Subject to the limitations contained in Florida Statutes Section 768,28, Ne ITY shall
indgriinify, defend and hold harmless RAILWAY for assessments or other charges ofny kind
whatsoever against the RAILWAY at any time for any portion of public improvements ins%lled
Resolution 01-1211 was replaced with a substitute original ResoNtion
01-1211 per memorandum from the City Attorney dated December 12,f 01.
Page 5
J-�.
on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the
ING SITE.
14. The CITY shall not in any way, or at any time, interfere with or f` Qbstruct
,
RAIL AMY'S right-of-way, the movement of RAILWAY'S trains and other railro#'`g;perations,
or interfere' rith the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns,
invitees, lessees d licensees.
15. The CITY acknowledges the waiver of sovereign imrrtunity for liability in tort
contained in Florida Statin;s Section 768.28 and acknowledges t10 such statute permits actions
at law against the CITY to 1ecover damages set forth in Stich statute for injury or loss of
property, personal injury, or dea&\--gaused by the negligerice or wrongful act or omission of an
employee of CITY while acting withint�he scope of,the employee's office or employment under
circumstances in which CITY, if a privat&venibb., would be liable under general laws of this
State.
The CITY will include in any contract wl}ich it may let for the whole or part of said
work to be performed hereunder by or for the CITY,�-each and every one of the terms and
conditions included on the document entitled " INDEMNfTy OF FLORIDA EAST COAST
RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a
part hereof as Exhibit ]3.
16. (a)'CITY, at its own cost and expense, when performing any work in connection
with the CROSSING SITE shall request RAILWAY to furnish any neccAa,ry construction
watchmen for the protection of RAILWAY'S employees, property and traiiii_ operations.
RAILWAY shall be notified at least one (1) week in advance of the performance of any�work in
_connection with the CROSSING SITE.
Resolution 01--1211 was replaced with a substitute original Resolu 4on
01-1211 per memorandum from the City Attorney dated December 12,2091=
Page 6
j _1 211
• 0
(b) In addition to, but not in limitation of any of the foregoing provisions, if at any,
RAILWAY should deem it necessary to place construction watchmen for the protectioifof
any person or property, during the construction, maintenance, repair, alteration, renytval, or
the CROSSING SITE, RAILWAY shall have the right to place sucha;donstruction
watchmen, o _ other persons at the sole cost and expense of the CITY. Upon=receipt of a bill
from RAILWA CITY shall promptly pay RAILWAY the full cost acid expense of such
E•.
construction watchm ' The furnishing or failure to furnish constn;&ion watchmen, or other
persons by the RAILWA ' under this paragraph, however, shall rl6t release CITY from any and
all other liabilities assumed b`'' TTY under the terms of this 4greement, including its obligations
under Paragraph 15 hereof. The Y shall give the RAILWAY one (1) week's advance written
notice when it or its contractor or anyo` a claiming gd-der this Agreement proposes to enter upon
the CROSSING SITE to perform work and r tl�i's Agreement in order that proper warning may
be provided for trains. In emergency situaiio s CITY shall give the RAILWAY telephonic
notice. The CITY further agrees that 4f -all times it` personnel or agents are on the property of
the RAILWAY the will be acco 'anied b a RAILW 7Y. re resentative and an cost involved
Y �p Y p Y
will be borne by the CITY.
1.
17. After the SVRFACE and WARNING DEVICES have been installed and all other
work to be performed,by the RAILWAY under this Agreement has'be completed and found to
be in satisfactoryworking order by the RAILWAY, the RAILWAY shall it rnish to the. CITY an
invoice showing the final total cost of material, labor and equipmentshed by the
RAILWAY, in accordance with the estimate of said cost to the CITY to be $20%2,6-'-,00 set forth
in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the dathereof.
:Resolution 01-1211 was replaced with a substitute original Res' lution
01--1211 per memorandum from the City Attorney dated December 1't;,2001.
Page 7
• 0
18. Installation, maintenance and replacement of any and all railroad advance
warning signs and pavement markings on any road approaching the CROSSING SITE shal e
th ole responsibility and cost of the CITY, and at its sole expense.
The CITY shall promptly pay RAILWAY all charges for replacem t, repair or
otherwise o the CROSSING SURFACE and RAILROAD DEVICES within t y (30) days of
the date of invo' e. Failure to promptly pay to RAILWAY amounts bil d as due under this
Agreement shall con 'tute default by the CITY.
20. The CIT ereby acknowledges that it has been no fied that its personnel will or
may be working in an area ntaining active fiber-optic tr smission cable as well as other
cables and other facilities.
21. If any provision or provisi s of this Agr ment shall be held to be invalid, illegal or
unenforceable, the validity, legality and e arc ility of the remaining provisions shall not in
any way be affected or impaired thereby. ��''
22. This Agreement will be goytrned by th laws of the State of Florida. It constitutes
the complete and exclusive statemept of the Agreement tween the parties which supersedes all
proposals, oral or written, andYf7other communications bet n the parties related to the subject
matter of this Agreement. y future change or modification f this Agreement must be in
writing and signed by6th parties.
23. It is finderstood by and between the respective parties he to that this License
Agreement c `cels and supersedes all other License Agreements covering thi ocation between
the RAIIAY and any other entity or person. _
ReA lution 01--1211 was replaced with a substitute original Nsolution
0 -1211 per memorandum from the City Attorney dated December 2' 2001.
Page [
i �. �-
0 •
IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to
be executed in their corporate names and respective seals to be hereunto affixed in duplicated e
da first hereinafter written by their undersigned officials thereunto lawfully authorized.
Signed, ealed and FLORIDA EAST COAST RAILWA , L.L.C.,
Deliverel,n the presence of: a Limited Liability Company
`- By: (S 1)
ATTEST:
Witnesses as to
Witnesses as to CITY
Assistant
DATE:
CITY OFAMI, a municipal
cornoratio of the State of Florida
LE
Title:
Date:
Resoluti n 01-1211 was replaced with a substitute original esolution
01-121' per memorandum from the City Attorney dated Decembe 12,2001.
,°.f :, ..;a Page 9
-- t 21
LICENSE AREA
October 12, 2001
: 3651391672'
N.W. 9K STREET (PEDESTRIAN CROSSING)
MP 365+672'— FDOT # NOT ASSIGNED
A PARCEL OF WITH UNIFORM WIDTH OF ONE XUNDRED TWENTY
(120) FEET NORT RLY AND SOUTHERLY AND TE196ING EASTERLY AND
WESTERLY ACRO THE RIGHT-OF-WAY CAIN TRACK OF THE
RAILWAY AT N.W. 9 STREET IN MIAMI, FLXAY'S
WITH LONGITUDINAL
CENTER LINE OF SA PARCEL LOCATED SRED SEVENTY TWO
FEET (672) FEET SOUTHE Y FROM THE RAIL MILE POST NO. 365 AS
MEASURED FROM JACKS
RAILWAY HAVING A TOTAL
LOCATION, BEING FIFTY (50)
OF THE CENTERLINE OF THE
ALL AS SHOWN ON THE ATT,
2001, ATTACHED HERETO AND
F�ORID SAID RIGHT-OF-WAY OF THE
H 0 HUNDRED (100) FEET AT THIS
IN W H ON THE EAST AND WEST SIDE
LAN 01-D-210, DATED OCTOBER 10,
E X PART HEREOF.
EXHIBIT "A"
Resolution 01--1211 was replaced with a substitute original Resolutl
01-1211 per memorandum from the City Attorney dated December 12,200
x
F
> F- � f
a w ID
w (If U w
0 I'D O
M
�
=I� w
w lo INSTALL 6' PIPE BOLLARDS ON 5'
CL w CENTERS ACROSS ENTIRE CROSSWALK
w
ELI
y o 3 0
— — — — — —
wl PEDESTRIAN WALKWAY w
INSTALL 1-74' WIDE. CONCRETE
I I GRADE CROSSING ;
\INSTAIGNAL (FLB)� VSTALL SIGNAL—�
(FLB) INSTALL SIGNAL (FLB)
60' I
I 12' 10' 10' 10' 10'
– – ( – —� – – –– – – —�/L �-- – –
w w)
�' N
w Z
w wI
U U
J J
INSTALL SIGNAL (FLB) INSTALL SIGNAIL I INSTALL SIGNAL (FLB)
Ln I — — I
EXISTING FIBER OPTIC CABLE CFLB)
— — _ _ — — _ _ — — _ — — .EX LSTING FIBER OPTIC CABLE
I (NO VEHICU� AR TRAFFIC)
=INSTALL 6' PIP BOLLARDS ON 5' FLORIDA EAST COAST RAILWAY CO.
a CENTERS ACROSSF NTIRE CROSSWALK OFFICE DF CHIEF ENGINEER ST. AUGUSTINE
NOTElCURB 6 GUTTER, SIDEWALK OR ANY OTHER E
MASONRY CONSTRUCTION SHALL NOT BE w a PEDESTRIAN GRADE CROSSING
CONSTRUCTED WITHIN 15' OF C/L OF TRACK AS Lw
D N.W. 9TH STREET
MEASURED PERPENDICULAR TO THE TRACK a
w w
a I w MIAMI, FLORIDA
CZ CZ DRAWN BY ..ILS M P LOC 365+672 SCALE 1' = 20'
D_
CHECKED BY 10/10/2001
DVG OR FILE NO 365/39/672 D.G Nn 01 - D - 210
-124 1
I, m
Resolut' n 01-1211 was replaced with a substitute original Nsolution
01-121 per memorandum from the City Attorney dated December 1\,2001.
FLORIDA FAST COAST RAILWAY COMPANY
LYI1,11IT %+Kyj
10:12±01
SAINT AUGUSTINE, FLORIDA
09:
MIAMI: INSTALL NEW 74' WIDE CONCRETE GRADE CROSSING
N.W. 9TH STREET, MILEPOST 365+672'
AAR/DOT # NIA
FILE: 365139/672
CROSSING DE IPTION
PAVING DESCRIPTION
New Length Crossing Surface, 74 Tf
Width (Across Road)
70 Ft
Number of Tra 1 Ea
Length (Along, Road)
80 Ft
Length of Track P el: 114 Tf
Projected Lift
3
F
AGREEMENT DESCRIPTION
GANG DESCRIPTION
Responsible Party: City of Miami
4 Ft. Lauderdale Sectio >
Agreement Date:
15 Ft. Lauderdale Sm thing
Division of Responsibility
1 Crane
Encase Fiber Optic Cable City
1 Loader
Maintenance of Traffic :City
s
Crossing Surface ity
Track Materials Cl
Track Construction City
Paving City
F j�
COST RECAPITULATION
Salvage
-Contract
10-00%
Responsible
Track & Civil Work Item Labor ui ment
Material
Credit Contingency
Total
Party
Encase Fiber Optic Cable n/a �. n/a
n/ 0.00 n/a
0.00
0A0
City
Mobilization/Material Consolidation 2,025.53 1,200.2`
t
j n/a
n/a n a
374.23
3,600.00
City
Construct Track Panel 1,239.94 524.29
9,555.38
n/a n/a
1,180.38
12,500.00
City
F
,r
Maintenance of Traffic/Police Protection n/a a
n/a
2,800-00 nla
300.00
3,100.00
City
Remove Crossing Surface 0.00 ,.%30.00
n/a
n/a (441.00)
(59.00)
(500.00)
City
fifiFh•
f /
Remove/Replace Track/Crossing Structure 2,303.49 11754.08
n/a
n/a (3,330.32)
72.76
800.00
City
Line &Surface Track 1,017-4 857.58
2,795.60
n/a n/a
529,33
5,200.00
City
Replace Crossing Surface 452.69 280.64
13,371.32
n/a n/a
1,495.35
15,600.00
City
9'
Place Asphalt 201.27 28.45
n/a
1050.00 tva
1,220.29
13,000.00
City
r�
Demobilization/Site Cleanup -7 560.22 0.00
n/a
n/a a
139.78
700.00
City
y
Totals: 7,800.63 4,645.27
25,722.30
14,350.00 (3,77L32)
5,253.12
54,000.00
s
!
TOTAL TRA—16 CIVIL PROJECT COST:
$54,000.00
729.73 $IFt
. }INEERING & SUPERVISION:
$2,160.00
TOTAL SIGNAL ROVEMENT PROJECT COST:
146,530.00
TOTAL PROJECT COSTS:
$202,690.00
TOTAL COST TO BE BORNE BY FEC:
0.00
MATH OR
TOTAL COST TO BE BORNE BY CITY:
$202,690.00
NOTE: THE ABOVE IS ONLY AN ESTIMATE ALL CHARGES WILL BE BASED ON ACTUAL COST
Volution 01-1211 was replaced with a substitute original
Resolution
01-1211 per memorandum from the City Attorney dated December 12,2001.
.
DATE:
10/08/01
FILE:
10.2
iC6
TYPE:
I I I
CLASS:
III
FLO A EAST COAST RAILWAY
NO. OF DAYS:
10
OFFI OF THE GENF,RAL MTaXAGER
AAR / DOT #:
NEW
OF SI S AND COMMUNICATIONS
MILE POST:
365 + 67
Project Type:
FDOT
ESTIMATED T FOR HIGHWAY CROSSING WARNING DEVICES AT N.W.
9th STREET.
This estimat should be considered void after one (1) year.
MATERIAL
UNIT COST
UNITS
TOTAL COST
FLASHER FOUNDATIO
$575.00
6 EA.
$3,450.00
FLASHING LIGHT ASSELIES (LED)
$2,891.00
6 EA.
$17,346.00
WIRED CASE, 3AB & PMD R
$28,000.00
1 EP..
$28,000.00
BATTERY BOX ��
$675.00
1 EA.
$675.00
BATTERIES, SAFT SPL250
$212.00
30 EA
$6,360.00
MISC. GROUND MATERIAL
$1,703.32
1 P G.
$1,703.32
CONDUIT & DIRECTIONAL BORE
$45.00
220 T.
$9,900.00
CABLE
$7,500.00
PKG.
$7,500.00
MISCELLANEOUS RELAY EQUIPMENT �;
$1,120.00ly
1 PKG.
$1,120.00
POWER SERVICE
$900.00
1 EA.
$900.00
MONITORING EQUIPMENT ',
$5,940.00% 1 PKG.
$5,940.00
SANITATION & DISPOSAL �:,
$1,500.00
1 PKG.
$1,500.00
FREIGHT & HANDLING `.`
$12,434.00
TAX @ 6.5% �r,
�'
$5.388.00
TOTAL MATERIALS
$102,216.32
.k_
�s y
EXCAVATING EQUIPMENT PER DAY
�
,-,$I'61.00
10 DAYS
$1,810.00
EQUIPMENT RENTAL PER DAY
l25.00
All
e
10 DAYS
$1,250.00
FOREMAN'S TRUCK PER DAY"
w
$'5.00
10 DAYS
$350.00
GANG TRUCK PER DAY$600
10 DAYS
$630.00
SUPERVISORS TRUCK PER DAY
'f' $35.0
10 DAYS
�5 QQ
EQUIPMENT TOTAL
$4,390.00
ENGINEERING :`
$6,500.004
1
$6.5Q0,=00
ENGINF,ERING TOTAL j'
��
$6,500.00
CONSTRUCTION SUPERVISION
$274.00
`'0 DAYS
$2,740.00
LABOR ADDITIVE
��
$1.526.00
SUPERVISION TOTAL r.
�
$4,266.00
LABOR PER DAY$1,051.20
$10,512.00
NUMBER OF DAYS
10
LABOR ADDITIVE :%'
$6,135.00
CONTRACT LABOR ADTUSTMENT
10%
9J,QS1.00
TOTAL LABOR J
$16,647.00
GANG EXPENSES PBRlDAY
$553.00
NUMBER OF DAY I'�
TOTAL (SANG A PFNSES
10
$5,530.00
SUB-TOTAy:,'..
549.32
$\i91977.00_
CONTIN( EJACIES 5$
;r
TOT1
$146,5 00
absolution 01--1211 was replaced
with a substitute original
Resmlution �
X01-1211 per memorandum from the
Ci-Ey Attorney
dated December 12,2001.
NW 9th STREET LED RVl.An
SCHEDULE OF ANNUAL COST OF AUTOMATIC
\HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVI
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION
I Shing Signals -One Track
II Flash' g Signals - Multiple Tracks
III Flashing als and Gates -� O e Track
IV Flashing Sign sand Gate Multiple Tracks
COST*
$1,870.00
$2,474.00
$2,820,00
$3,540.00
AUTHORITY: FLO,IDA ADMINISTIVE RULE: 14-46.002
R9ponsibility for the Co of Automatic Highway
Orade Traffic Control Devi s
F. A. RULE E FECTIVE DATE: July 2 19$2
GENERA AUTHORITY: 334.044. F.
SPEC IC LAW IMPLEMENTED: 335.144.F. S.
*This sch ule was effective July 1, 2001, and will be reviewed every 5 years and vised as appropriate
based on the C sumer Price Index for all Urban Consumers published by the U.S. Departm t of Labor.
EXHIBIT "C"
Resolution 01-1211 was repalced with a substitute original Resolu 'on
01-1211 per memorandum from the City Attorney dated December 12,20
FLORIDA DEPARTMENT OF TRANSPORTATION
Listed Below are signal installations by type and class:
FLASHING SIGNALS - ONE TRACK
type = 1, Class = 1
FLNHING SIGNALS - MULTIPLE TRACKS
Type 1, Class = 2
FLASH IN%SIGNALS AND CANTILEVER - ONE TRACK
Type = 2, CTqss = 1
FLASHING SIG LS AND CANTILEVERS - MULTIPLE
Type = 2, Class = 0
FLASHING SIGNALS\AND
ATE - ONE TRACK
Type = 3, Class = 3
P
FLASHING SIGNALSTE - MULTIPX-TRACKS
Type = 3, Class = 4
FLASHING SIGNALS AND GATE
Type = 4, Class = 3
FLASHING SIGNALS AND GA
Type = 4, Class = 4
LEVER - ONE TRACK
ITH CANTILEVER - MULTIPLE TRACKS
TYPE OF TRAFFIC CONTROL DEVICES
I Flashing si rials
II Flashinggnals with cantilevers
III Flashi% signals with gate
IV Flash' g signals with cantilevers & gate
CLASS OF TRAFFIC CONTROL DEVICES
I Flashing signals - one track
11 Flashing signals - multiple track
III Flashing signals & gates - one track
IV Flashing signals & gates - multiple track
Exhibit "C"
Resolution 01-1211 was replaced with a substitute original Resolution
1 andum from the 'City Attorney dated December FDOT-Type-cl
01-121 per memor
12,2001.
49.
INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C.
AND INSURANCE REQUIREMENTS
74c Contractor by execution and delivery hereof, agrees that it shall and willa� all times
hereafter i emnify, defend and save harmless the Florida East Coast Railway, L.P'V from and
against all jNthe'
and all loss, claims, damages, costs, charges, and expe des ("Costs")
which it maustain, or in anywise be subjected to on account of or �asioned by the
operations oactor, or any of the subcontractors, or both, whether#i ectly or indirectly
under, or puhis construction contract, including any such Costsp ising from the death,
bodily injury4J injury of, as follows:
Of any person, iriAuding without limitation upon the grenerality of the foregoing
description, employees and `officers of Florida East Coast R44'way, L.L.C., employees and
officers of materialmen, emplok es and officers of the Contraq r, employees and officers of all
subcontractors, and from loss dam e, injury and loss of usef any real or personal property (a)
in which Florida East Coast Rai1wCompany has anyr,6wnership interest, and (b) personal
property in the custody of Florida east Coast Rail wi Company under any transportation
contracts; including without limitation upb p the generajity of the two foregoing enumerations, all
railroad equipment commonly described as lling sack and the contents of the same.
In furtherance of its obligation to inderrfy, defend and save harmless, Contractor shall
procure and keep in effect comprehensivg" geleral liability insurance in the limits of
$5,000,000.00 each occurrence for bodily 'f'jury or eath and $3,000,000.00 property damage
each occurrence with a $5,000,000 aggregate coveringobligations of Contractor to indemnify
the Railway by Contractual Assumed' Liability Endo14ment, with all railroad exclusives
removed. Alternatively, Contractor
may procure and ke6R, in effect during the life of this
construction contract, as aforesaid,;!ailroad Protective Liability Policies insuring the Railway
directly as insured against losses,nd damages with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expensCs, maintain a Workman's
Compensation Insurance P,,61icy as required in the State of Florida.
All such insuronce, directly or indirectly for the benefit of the Railway, shall be in a form
satisfactory to Rai) way's Manager of Insurance and issued by a casualty c6gipany/insurance
company authori�ea to do business in the State of Florida that has a "Best's" rathIg of A or A+
and a financial category size of Class XII or higher.
EXHIBIT "D"
Resolution 01-1211 was replaced with -a substitute original Resolution
01-1211:per memorandum from the City Attorney dated December 12,2001.
RESOLUTION NO
i
Alonso, Elvi G.
rom: Chiaro, Maria
t: Thursday, November 08, 2001 2:04 PM
To: Alonso, Elvi G.
Subje RESOLUTION PREAMBLE1.doe
Importan : High
Sensitivity: Vonfidential
RESOLUTION NO.
Page I of I
DISTRICT 5
COMMISSIONER
A ISOLUTION OF THE MIAMI CITY COMM gSION
AUTHNIZING THE CITY MANAGER TO ENTER rO AN
AGREE • NT ON BEHALF OF THE CITY WITH FLOA EAST
COAST RN, LWAY (FEC), PROVIDING, AS P OF THE
SOUTHEAST OVERTOWN/PARK WEST OMMUNITY
REDEVELOPM T AGENCY'S NORTHWES NINTH (9TH)
STREET PEDE AN MALL, FOR AN GRADE PUBLIC
PEDESTRIAN CR ING ACROSS AND • ER THE TRACKS,
RIGHT-OF-WAY AN - , PROPERTY OF EC AT MILE POST
MP3 65 + 672' AND PR uIDING THAT, E CITY SHALL BEAR
THE COST OF CONS T�UCTING, USING, MAINTAINING,
REPAIRING, RENEWING, AND UL ATELY REMOVING SAID
CROSSING IN THE ATTAC4b FAM.
Xesolution 01--1211 was replaced with a substitute original Resolut`i�on
01-1211, per memorandum Brom the City Attorney dated December 12,2001`,
11/08/2001
11/08/2001 THU 14:18 FAX 3053724646 1@002/002
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO; C4jos Ginienez
FFIOM:
Gloria Chan" I
Senior Ad Coordinator
in #,. - e
V
On the behalf of the ' I
in the blue page for the i
Cc. Elvi Alonso, Agenda
UATG! November 8, 2001
suBjEcT- FEC Agreement
REFERF=NQE8.
ENCLOSURES:
FILE:
Executive Director, I am requesting that the FECXgreement be listed
City Commission meeting on November 15, 2QUI,
Resolution 01-1211 was replaced with a substitute original Resolution
01-1211 per memorandum from the City Attorney dated December 12,2001"l,
9
DATE: Noikqmber 2, 2001
TO: Carlos ixmenez
FROM: Annette E lovas, Acting Executive
I am requesting that the enclosed AF Agreement, wjth resolution and cover memo, be
placed as a pocket item under ComrriVsloner Teele?,i'business for the City Commission
Meeting scheduled for November 15, NO I.
.7
V/Cc. Elvi Alonso, Agenda Coordinat9r
ti
tt
E.
Resolution 01-1211 was replaced with a substitute original Resold'ition
01-1211 per memorandum from the City Attorney dated December 12,20`11.
1211
2,2IN1.1211
300 Biscayne Boulevard Way • Suite 430 • Miami, Florida 33131 • Phone (305) 579-3324 • Fax (305) 372-4646
RC'V RY:CITY OF MIAMI :1u-15- 1 :11:31A:d
MIAMI-DADE COUNTY, FLORIDA
Ms. Annette s
A.c:ting Executi Direcio:r
Community Redelopment Agency
300 Biscayne BouleNd Way
Suite 430_
Miami, Florida 13131
F
Re. NW 9" Street Pedestri Mall - Phase 11B
Mimi -Dade County PrgXct No. 691041
FEC Railroad Agreemont \,
Dear Ms. Lewis:
:3UE - i24.64C. C:OW0. A. TEELIr: # 4
STEPHEN P. CLARK
AUBUC WO/OETMENT
E 1510
111 N7RF"
MIAMI, F18-1@70=00 2 5 2001rs-al:aa
The County has recently advertised the sul tct project for bidding. The Community
Redevelopment Agency (CRA) has develope a dmfs agreement with the Florida East
toast (FEC) Rail 6c d for construclion Arid mairgenaacc of the railroad crossing at the
pedcstrian 4-nali. 1 -his new agrte'ment den�
dfies a ��75i cif 5202,690.00 for the aecesry
railroad .surface and warning de'3w. Please be adthat approved project funding
includes $170,400.00 for This elemtlivnt of the project. a County agrees to provide an
ndditiomal S' 32 to the City'fvr a total of $202,690.. to be paid by the City to the
FEC Railroad. as per the ter= of the FEC Railroad agreentd t. We Nish to reiterate that
it is necessary for the CRA 16 obtain a signed agreement withe railroad by the time of
contract award, in order..•fbr the railroad crossing to be inclu d in ,rhe construction
contract of this p,oject.: y�
Should you have ,aby comments or questions, do not hesitate to coi4ct Mr. Gaspar
Miranda, P.F_, Qhief, Highway Division at (305) 375-2094, or. Ms. Esth* Cala,, P.L.,
Assistant Direcior, Highway & Traffic Erginearing at (305) 375-2091,
Sincerely,
N_
AristidesRivera,l'.E.,
Director
cc: Esther Galas, P.E.
Resolution 01-1211 was replaced with a substitute original Resolu con
01-1211 per memorandum from the City Attorney dated December 12,200,j.
Cqual opparturllrylHansleap 9nV1oyer/5ervlaes
Ec)hlodda Easto&st
RAI L W,^ L.L,C,
Oc�er 11, 2001
lq.ile%:3 -5 391672
RADE CROSSING MATTERS
01'H STREET (PEDESTRIAN CROSSING), MP
LlL
I NSE AGREEMENT
Ms. Regina Roneno, Proje*t Manager
Community Redevelopment\A�gency
300 Biscayne Boulevard Way
Suite 430
Miami, Florida 33131
Dear Ms. Roneno:
At your request we have prepared a LicenseAgreen6ent covering the proposed Pedestrian Grade
Crossing at the above -noted location.
7 7
Please find enclosed part and counterpart of#opo d Grade Crossing License Agreement covering
N.W. 9h Street (Pedestrian Crossing). Ple;6e review,`�nd if satisfactory, forward to the City for
signature. Once signed, return bot*.=. pjds for final exertion by the Railway. Once fully executed
I will return one copy for your file. ./V N11
Should you need to further discuss -,this matter, please call at (�QO 826-2383.
Sincerely,
6E.
J. L. SchQnder
J,
Manager-Enginee Services
JLS
Enclosure
Resolution 01-1211 was replaced with a substitute original Resoluti6
01-1211 per memorandum from the City Attorney dated December 12, 200
One Malaga Street- P.O, Bdx 1049 -.St. AugusUhe, FL -.3208&1048
THT
is between the
• � i
LICENSE AGREEMENT
CENSE AGREEMENT, effective as of the day of
EAST COAST RAILWAY, L.L.C. (Address: P.
Augustine, Florida 3�Q85), a Limited Liability Company, hereinafter
the CITY of MIAMI, a political subdivision of the State of Florida,
, 2001,
;-Drawer 1048, St.
"RAILWAY" and
called "CITY."
WITNESSETH:
That the RAILWAY, in cgpsideration of the covenants and conditions hereinafter set
forth to be performed and kept by `tie CITY, herep� permits the CITY to construct, use,
maintain, repair, renew and ultimately remye an' -grade Public Pedestrian Grassing across
and over the tracks, right of way and property �i RAILWAY, at the RAILWAY'S Milepost MP
365 + 672', more particularly described intxhibd'A attached hereto and incorporated herein by
5
reference, hereinafter referred to as*ye 'CROSSING SUP-,":
The CROSSING SITE iT;cludes any railroad cross
and automatic crossing warning devices which are, or might be;
above-described iocatior ; -provided that, the construction of the
warning signs, crossing surfaces
within or adjacent to the
SITE shall be done
11
by RAILWAY as pTpvided in this License Agreement ("Agreement") ar4,f u-ther provided that,
notwithstanding ilghts to the CITY granted herein, RAILWAY reserves the t to perform all
work reAuifed on RAILWAY'S property including construction, drainage`\fighting and
management, in which event CITY shall pay the RAILWAY the entircost and
of labor, materials and equipment furnished by RAILWAY in performing such
FTF.E.C. Rwy. Co.
Resolution 01-1211 was replaced with a substitute original Resolut'an
01-1211 p , japmorandum from the City Attorney dated December 12, 20 age
0
•
TheXatus of the CITY is that of a licensee and not lessee, granting the CITY the right to use
CROSSNG SITE as specified herein.
In
covenants and
1. The
ideration of the granting of this Agreement by the RAILWAY, CITY
a s with the RAILWAY as follows:
R -Y:
Purposes Only and no u
other line or structure shall be
SITE shall be used for Public At -grade Pe strian Crossing
ty, including telecommunications facilities, , pes, wires, cables; or
aced in, on or over the CROSSING ITE without the previous
consent in writing of the RAIL Y. CITY further agrees it will at all times keep the
CROSSING SITE, together with the a 'tional portions of RAILWAY'S right -of --way within
325 feet of the northerly and southerly limit r bound s of the CROSSING SITE clear of any
vegetation or other growth greater than two (2 a in height on each side of the: tracks at the
sole expense of the CITY and without cost to Y or lien upon RAILWAY'S property.
2. This Agreement is for an inti , ,'term of on (1) year and. shall continue in effect
thereafter from year to year, subje* t ernfination by the WAY or CITY upon sixty (60)
days prior written notice.
3. The provisions and pulations of this Agreement are a p f the consideration of the
licensing of the CROSS SITE, and in the event the CITY shall fail to ply with any of the
covenants and con ' ons, then, at the option of the RAILWAY, this A enient shall be
terminated with 11 legal rights and remedies retained by the RAILWAY, inc ing but not
limited to right to reenter, repossess, and remove the crossing if it shall elect to do s
The CITY shall grant forthwith to the RAILWAY necessary permits fo the
in lation, construction, erection, repair and maintenance of any of the RAILWAY -owned o
aintained facilities described in this Agreement. If the CITY fails to promptly grant the
Resolution 01-1211 was replaced with a substitute original Resolution
01-1211 per memorandum from the City Attorney dated December 12,2001.
i�
� �-11211
Page 2
RAILWAY necessary permits, CITY shall bear all additional expense incurred by Xe -
/V
WAY attributable to such failure, includinr..cp '46 s ordering of ti-ains61TY
shall low shallomptly pay such amounts upon billing by the RAILWAY.
\-5UnIess otherwise specified, the cost of installation, construction,, rpilntenance and
replacement o pll facilities at the CROSSING SITE, including but not li ied to the crossing
structure and railr6-qd and highway devices, whether performed by tot 'CITY or RAILWAY,
shall be the sole responds' ility of the CITY.
6. The RAILWAY'§4all install the warning devices, "-pluding the fixed signs, flashing
lights and bells (collectively the :`WARNING DEVICES'),1
at the CROSSING SITE at the sole
cost of the CITY. The WARNING*VICES are a Type III Class III installation as defined in
the Florida Department of Transportatioh" Sched# of Signal Installations by Type and Class
attached hereto as Exhibit C. Installation cosp.are estimated to be $146,530.00 as shown on the
estimates for signal installation attached hpieto as "bit B and incorporated by reference.
In addition, CITY shall pay�*o RAILWAY!' ually the annual cost of maintenance of
said WARNING DEVICES a�/", provided in the FloriA- Department of Transportation's
SCHEDULE OF ANNUAJ,,,; COST OF AUTOMATIC HI ':WAY GRADE CROSSING
ri the future be revised 0 �m
TRAFFIC CONTROL D/1MCES, as may i e%d en a copy of which
is attached hereto asExhibit C and incorporated herein by reference.
The WNING DEVICES will be owned by the RAILWAY atidl%-, all remain at the
CROSSINq`SITE until the RAILWAY decides that they are no longer need.4r should be
\9,
replacF,-,&, or until other legal requirements are imposed which shall eliminate or s tantially
ch ge their operations.
-?6olution 01-1211 was replaced with a substitute original Resolvition
es
01-1211 per memorandum from the City Attorney dated December 12, 01.
F u ;'j Page 3
7. The RAILWAY shall install a new 74' wide concrete grade crossi/herea
"SURFA ') along with other improvements as shown on the drawing, attached
of Exhibit A, accordance with Florida Department of Transportation Standards ..for Roid and Brid Construction, Index No. 560, as may be amended, at the sole.Installation costs are mated to be $56,160.06 as shown on the estimag
installation attached hereto . Exhibit B and incorporated by reference. n the RAILWAY
determines that the replacement the new SURFACE is more econo `cal than its continued
maintenance, the RAILWAY shall h e the exclusive option to r ace the SURFACE with a
comparable or improved structure. The lacement costs of e new SURFACE shall be the
sole responsibility of the CITY. The CITY s 1, at its so expense, maintain and replace the
remainder of the road inside the RAILWAY'S ri t- way, plus any paving which may be
located between the ends of the ties. The RAILW s 11 provide a construction watchman at
said CROSSING SITE while work is being per nned by th ITY under the provisions of this
r
Agreement, at the sole expense oflze*:CITY
8. The CITY agrees, acknowl ges and understands that th WAY reserves the
right to make any changes at any fu a time in its existing tracks or other 'lilies, including the
installation, maintenance and o ration of any additional track or tracks or oth acilities on its
right-of-way at the CROSS G SITE. The CITY agrees to bear the total expense o\judicial
or additions to the p ement and traffic signal devices, the SURFACE, tht
DEVICES or oth ailroad signalization equipment or new structure at the CROwhether these anges or additions are required by law or order of any publ
authority, ne voluntarily by the RAILWAY, or requested by the CITY.
Resol ion 01-1211 was replaced with a substitute original Resolution
01-1 .1 per memorandum from the City Attorney dated December 12,2001..
Page 4
0
9. The CITY agrees that it will install, maintain and replace all necessary
fa ' ities to prevent the accumulation of surface water due to the existence of the CROrG
SITE. ' uch facilities must first be approved by the RAILWAY and any governing bodJcys having
f5:
jurisdictionereof and operation of the facilities shall also be subject at tt 1.441me to their
approval. An ail itional license agreement may be required by the RAILWAY; depending upon
E�
the location of suc'` drainage facilities and type, size, depth and othgf�'speeifications of the
proposed facilities, as
10. Lighting facilities'
of Florida covering illumination
to the RA]LWAY.
to comply with the
crossing shall be
of the laws of the State
maintained and replaced at or
near this CROSSING SITE by and at tH sole cost of CIT'JY.
:i'
11. The CITY further covenantst' .,pay t�6 RAILWAY, within thirty (30) days after
presentation of the same, all bills submitted by �ailway including maintenance bills as set forth
in Paragraph 6 above and all bills for p(ectricit} ,,jor the lighting and illumination of the
CROSSING SITE if same are proed,by Railway.
\._
12. At the termination ofthis Agreement for any 6 use, or upon termination of the
CITY'S use of the CROSSRNP' SITE as herein described, all rigliN, of the CITY shall terminate
and the CITY shall remoyo under -the RAILWAY'S supervision andection, at CITY'S entire
4;*
cost and expense, skid road and all non -RAILWAY -owned improvem placed upon the
RAILWAY'S ridt-of-way and restore the ground to its original condition.
13. Je CITY shall indemnify, defend and hold harmless RAILWAY for ass sments or
other ch6rges of any kind whatsoever against the RAILWAY at any time for any pot 'on' of
public improverrlents installed on or within two hundred (200) feet of the CROSSINGS E
..:arising out of the existence of the CROSSING SITE.
Resolution 01--1211 was replaced with a substitute original Resolutio.
01-1211 per memorandum from the City Attorney dated December 12 2001.
page 5
4. The CITY shall not in any way, or at any time, interfere with or
RAILWA\CITY
right-of-way, the movement of RAILWAY'S trains and other railroad opera ons,
or interfeRAILWAY'S use thereof, or the use thereof by RAILWAY' assigns, :- -
inviteev, lnsees.
15acknowledges the waiver of sovereign immunity liability in tort
contained tatute ection 768.28 and acknowledges that such atute permits actions
at law agTY to re ver damages set forth in such stte for injury or loss of
property, personal injury, or death ca� ed
employee of CITY while acting within th
circumstances in which CITY, if a private
State.
by the negligence or
cope of the emplaee's office or employment under
liable under general laws of this
act or omission of an
The CITY will include in any contrac hi%ea
ay let for the whole or part of said
work to be performed hereunder by or for ce CITand every one of the terms and
conditions included on the docurtnt fled "INDEMNIF FLORIDA EAST COAST
RAILWAY COMPANY AND INSTANCE REQUIREMENTS" ched hereto and made a
part hereof as Exhibit D.
16. (a) CITY, at ' s own cost and expense, when performing any ori in connection
with the CROSSING E shall request RAILWAY to furnish any necess construction
watchmen for the rotection of RAILWAY'S employees, property and train erations.
RAILWAY sh be notified at least one (1) week in advance of the performance of any k in
connection th the CROSSING SITE.
(b) in addition to, but not in limitation of any of the foregoing provisions, if at any
t' RAILWAY should deem it necessary to place construction watchmen for the; protection of
Resolution 01-121.1 was replaced with a substitute orig '#41—IJ2b14tion
011211 per memorandum from the City Attorney dated December 12,2001.
Aho)4A. Page 6
E
any person or property, during the construction, maintenance, repair, alteration, renewal,
�'
5
oval at the CROSSING SITE, RAILWAY shall have the right to place such const ion
watc en, ,or other persons at the sole cost and expense of the CITY. Upon receip ,,of a bill
from WAY, CITY shall promptly pay RAILWAY the full cost and ex n se of such
construction tchmen. The furnishing or failure to furnish construction vY, tchmen, or other
persons by the R117�L7AY under this paragraph, however, shall not releb CITY from any and
all other Iiabilities ass*ed by CITY under the terms of this Agreem i, including its obligations
x
under Paragraph 15 hereof.`-',� e CITY shall give the RAILWAY/16ne (1) week's advance written
notice when it or its contractor'` anyone claiming under th; Agreement proposes to enter upon
the CROSSING SITE to perform work under this
be provided for trains. In emergency''�iti
notice. The CITY further agrees that at all
the RAILWAY, they �will be accompanied k
will be borne by the CITY. 4•
cent in order that proper warning may
shall give the RAILWAY telephonic
des its personnel or agents are on the property of
a 1ILWAY representative and any cost involved
17. After the SURFACp-"'and WARNING 1304CES have been installed and all other
work to be performed by the RAILWAY under this Agreemehas been completed and found to
be in satisfactory workipOrder by the RAILWAY, the RAILWAV,shall furnish to the CITY an
invoice showing ft, final total cost of material, labor and equ nent furnished by the
RAILWAY, in accordance with the estimate of said cost to the CITY to be�V02,590.00 set forth
in Exhibit Band CITY shall pay such invoice no later than thirty (3 0) days fromie date thereof.
_.
l8. Installation, maintenance and replacement of any and all railrod advance
wan ing signs and pavement markings on any road approaching the CROSSING SIT00all be
the sole responsibility and cost of the CITY, and at its sole expense.
Resolution 01-1211 was replaced with a substitute original Resolu 'on
01--1211 per memorandum from the City Attorney dated December 12,20
<.i •�� Page 7
\ 19. The CITY shall promptly pay RAILWAY all charges for replacement, repair o
otherwi of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) da of
the date of . --i Dice. Failure to promptly pay to RAILWAY amounts billed as dueer this
Agreement shall c titute default by the CITY.
20. The CI hereby acknowledges that it has been notified that its xsonnel will or
f
may be working in an are -containing active fiber-optic transmissionc le as well as other
cables and other facilities./
21. If any provision or provisions of this Agreement shall Jae held to be invalid, illegal or
unenforceable, the validity, legality and orceability of the ie raining provisions shall not in
any way be affected or impaired thereby.
22. This Agreement will be governed by th
the complete and exclusive statement of theAgre
p
proposals, oral or written, and all other comm cati
of the State of Florida.. It constitutes
ween the parties which. supersedes all
w the parties related to the subject
matter of this Agreement. Any future Oange or modification this Agreement must be in
writing and signed by both parties. j f
f..
23. It is understood band between the respective parties her, that this License
/.
Agreement cancels and supe tides all other License Agreements covering thi\1' •ation between
the RAILWAY and any her entity or persona
Resolutio. 01-1211 was replaced with a substitute original Resol ion
01-1211 er memorandum from the City Attorney dated December 1.2,2 1.
Page 8
r
y
IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument
be Xecuted in their corporate names and respectiw soals4o—be hereunto affixed iri duplica U the
day fir hereinafter written by their undersigned officials thereunto lawfully authorize . -
Signed,=se d and FLORIDA EAST COAST RAIL- , L.L.C.,
Delivered ine presence of- a Limited Liability Company
Witnesses as to
By:
ATTEST:
Assistant
DATE:
CITY OF MIAMI, a political
subdivis4 of the State of Florida
Witnesses as to CITY
a Attest:
Title:
Date:
ofolution 01-1211 was replaced with a substitute original Resoleon
-1211 per memorandum from the 'City Attorney dated December 12,200A.
1.211
Page 9
LICENSE AREA
O ber 12, 2001
File:3 391672'
N.W. 91'a ST ET (PEDESTRIAN CROSSING)
MP 365+672'- OT # NOT ASSIGNED
A PARCEL OF LAND H UNIFORM WIDTH OF ONE RED TWENTY
(120) FEET NORTHERLY A 4 SOUTHERLY AND EXT -G EASTERLY AND
WESTERLY ACROSS THE GHT-OF-WAY AND ,IN TRACK OF THE
RAILWAY AT N.W. 9' SIRE IN MIAMI, FLORID,, WITH LONGITUDINAL
CENTER LINE OF SAID PARCE . LOCATED SIX RED SEVENTY TWO
FEET (672) FEET SOUTHERLY FRO THERAIL ,AY'S MILE POST NO. 365 AS
MEASURED FROM JACKSONVILLE, ORIDA,- AID RIGHT-OF-WAY OF THE
RAILWAY HAVING A TOTAL WIDTH O 'HUNDRED (100) FEET AT THIS
LOCATION, BEING FIFTY (50) FEET IN ON THE EAST AND WEST SIDE
OF THE CENTERLINE OF THE MAIN TRA
ALL AS SHOWN ON THE ATTACHE, "PLA --N 0 -210, DATED OCTOBER 10,
2001, ATTACHED HERETO AND E A PART HE OF.
EXHIBIT "A"
Resolution 01-1211 was replaced with a substitute origina:L Resolution
01-1211 per memorandum from the City Attorney dated December 12,2001.
WIDE CONCREX" '.
,ROSSING
INSTALL, SIGNAL CFL
mwu
M
INSTALL SIGNAL EFL
o =
R QP ' C CABLE
EXISTING FIBER.:'OPTIC CABLE ._ — — — — — -- = - - — -- --
- "LIIRIDA EAST
]FFICE OF CHIEF ENGINEER
CURB & GUTTER, SIDEWALK OR DESTRIAN GRADE CRO
MASONRY CONSTRUCTION SHALL N.W. 9TH STREET
CONSTRUCTED WITHIN 15' OF C/
MEASURED PERPENDICULAR TO T MIAMI, FLORIDA
RAILWAY CO,
ST. AUGUSTINE
Im P i nr 365+672 I SCALE I' e'
365/39/672 IpwG Np01 - D -- 210
4solution 01-1211 was replaced with a substitute original Resolei
1--1211 per memorandum from the City Attorney dated Decembo::
2_,_.71,) 0 1. -_
ORIDA EAST COAST RAILWAY COMPANY •
S T AUGUSTINE, FLORIDA
MIAMI: INSTALL NEW 74' WIDE CONCRETE GRADE CROSSING
N.W. 9TH STREET, MILEPOST 365+672' AAR/DOT # NIA
FILE: 365/39/672
CROSSING DESCRIP N
New Length of Cro �' g Surface:
Number of Tracks:
L eitgth of Track Panel:
AGREEMENT DESCRIPTION
Responsible Patty:
Agreement Date:
Division of Responsibility
Encase Fiber Optic Cable
Maintenance of Traffic
Crossing Surface
Track Materials
Track Construction
Paving
COST RECAPITULATION
Track a Civil Work Item
Encase Fiber Optic Cable
MobilizatioWaterial Consolidation
Construct Track Panel _
Maintenance of TraffrelPolice Protection
Remove Crossing Surface
Remove/Replace TracVCnossimg Structure
Lure & Surface Track
Replace Crossing Surface
Place Asphalt
DemobilizationlSite Cleanup
Totals:
PAVING DESCRIPTION
74 Tf Width (Across Road)
I Ea Length (Along Road)
114 Tf Projected Lift
_. f_XVJGW.WK,j 10/I 1
:12
70 A
80
In
TOTAL TRAC CIVIL PROJECT COST: $54,004.00 729.73 S/Ft
EN ERING & SUPERVISION: $2,160.00
TOXSIGNAOLOVEMENT PROJECT' COST: 146,530.00
TOTAL PROJECT COSTS: $202,690.00
OST TO BE BORNE BY FEC: 0.00MATH ERROR
ST TOBE BORNE BY CITY. $202,690.00
OV S O Y AN ESTV4ATE ALL CHARGES WILL BE BASED ON ACTUAL COST
Resolution 0 - 1 was replaced with a substitute original Resolution
01-1211 per memorandum from the City Attorney dated December 12`{�0011 9 1 1
GANG DESCRIPTION
City
of Miami
4 Ft. Lauderdale
n
15 Ft. Lauderdale
thing
1 Crane
Ci
1 Loader
City
City
City
City
City
Salvage
10.00%
Responsible
Labor
Equi Material
Contract Credit
Continrency
Total
Pxty
da
da
n/
0.00 n/a
0.00
0.00
City
2,025.53
1,200.24
a
da n/a
374.23
3,600.00
City
1,239.94
524.29
9,555.38 �! n/a da
1,180.38
12,500.00
City
da
d n/a
Z, 00 n/a
300.00
3,100.00
City
0.00
.00
n/a
r► (441.00)
(59.00)
(500.00)
City
2,303.49
/,754.08
n/a
t
n/a 3,330.32)
71.76
800.00
City
1,017.49
857.58
2,795.60
rJa da
529.33
5,200.00
City
.69
260.64
13,371.32
nla da
1,495.35
15,600.00
City
201.27
28.45
n/2
11,550.00 da
220.29
13,000.00
City
560.22
0.00
da
dal da
t35
700.00
City
7,800.63
4,645.27
25,722.30
14,350.00 (3,771.32)
5,253.12
54,000.00
TOTAL TRAC CIVIL PROJECT COST: $54,004.00 729.73 S/Ft
EN ERING & SUPERVISION: $2,160.00
TOXSIGNAOLOVEMENT PROJECT' COST: 146,530.00
TOTAL PROJECT COSTS: $202,690.00
OST TO BE BORNE BY FEC: 0.00MATH ERROR
ST TOBE BORNE BY CITY. $202,690.00
OV S O Y AN ESTV4ATE ALL CHARGES WILL BE BASED ON ACTUAL COST
Resolution 0 - 1 was replaced with a substitute original Resolution
01-1211 per memorandum from the City Attorney dated December 12`{�0011 9 1 1
nFEC
FDO A LAST COAST F"UINAY
OFFI .OF THE GENERAL MANAGER
OF SI S AND COMMUNICATIONS
• DATE:10/08/01
FILE:
TYPE:
CLASS:
NO. OF DAYS:
AAR / DOT #:
MILE POST:
10.2
III
III
10
NEW S
365 + 6��;'
Project Type:
FDOT
r%
ESTIXATtD ST FOR HIGHWAY CROSSING WARNING DE'V'ICES AT N.W.
9th STREET.
This estimat should be considered void
after one (1) year.
MATERIAL `
UNIT COST
UNITS �'
TOTAL COST
FLASHER FOUNDATI015
$575.00
6 EA. tl
$3,950.00
FLASHING LIGHT ASS LIES (LED)
$2,891.00
6 EA.
$17,346.00
WIRED CASE, 3AB & PMD 'R
$28,000.00
1 EA. �.�
$28,000.00
BATTERY BOX .
$675.00
1 EA.F
$675.00
BATTERIES, SAFT SPL250 `E
$212.00
30 W
$6,360.00
MISC. GROUND MATERIAL
$1,703.32
1 RKG.
$1,703.32
CONDUIT & DIRECTIONAL BORE �'
$45.00
2201T.
$9,900.00
CABLE '` .
$7,500.00
•'" 1 PKG.
$7,500.00
MISCELIANEOUS RELAY EQUIPMENT
$1,120.00
1 PKG.
$1,120.00
POWER SERVICE
$900.00 i'i
1 EA.
$900.00
MONITORING EQUIPMENT `,
$5,940.00
1 PKG.
$5,940.00
SANITATION & DISPOSAL k`�;
$1,500.00
1 PKG.
$1,500.00
FREIGHT & HANDLING$12,434.00
TAX @ 6.5$
`I
s-
S5, 386 ;00
TOTAL 14ATERIALS
$102,216.32
EXCAVATING EQUIPMENT PER DAX
!\181.00
10 DAYS
$1,810.00
EQUIPMENT RENTAL PER DAY _
:r '125.00
10 DAYS
$1,250.00
FORYNAN'S TRUCK PER DAY
fe $* 00
10 DAYS
$350.00
GANG TRUCK PER DAY
$6340
10 DAYS
$6.30.00
SUPERVISORS TRUCK PER DAY � .,::'
ti
$35.0
10 DAYS
$350.00
EQUIPMENT TOTAL
w
$4,390.00
ENGINEERING ��
$6,500.00
1
$6.500.00
ENGINEERING TOTAL
`
$6,500.00
CONSTRUCTION SUPERVISION E'",
$274.00
�� DAYS
$2,740.00
LABOR ADDITIVE
gg1,526.00
SUPERVISION TOTAL
`t
$4,266.00
LABOR PER DAY ''`5
$1, 051.20
~`
$10,512.00
NUMBER OF DAYS
10
`\
LABOR ADDITIVE
$6,135.00
Z.
CONTRACT LABOR ADDU VIMNT
10%
`,
g1,051,00
TOTAL LA80R
p/L
„ ESS
$16,647.00
r"
t
GANG EXPENSES PER DAY
$553.00
NUMBER OF DA7
10
` N..,
TOTAL GANG/"SES $5,530.00
SUB -TOT• $13`9549.32
CONTINANCIES 5% $6e'&77.00
r
$146,530
TOTAL
Fsolu-nion 01.-1211 was replaced with a substitute original Resolution
�1--1211 per memorandum from the City Attorney dated December 12,2001.
p Nw 9th SE LT LED RV1.3kc
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
ual Maintenance Cost Exclusive of Installation
f
CLASS D CRIPTION COST*
I Flashin Signals — One Track $1,870.00
II Flashing Si is — Multiple Tracks $2,474.00
III Flashing Signals d Gates -- One, rack $2,820,00
IV Flashing Signals and tes ultiple Tracks $3,540.00
w
AUTHORITY: FLO A ADMINISTRATIVE ULE: 14-46.002
Resp ibility for the Cost of Auto tic Highway
Gr e Traffic Control Devices
F. A. RULE EFF TIVE DATE: July 22, 1982
GENERAL. THORITY: 334.044. F. S.
SPECIF LAW IMPLEMENTED: 335.144.F. S.
*This sched9cwas effective July 1, 2001, and will be reviewed every 5 years and revised as ap priate
based on the Conqj6er Price Index for all Urban Consumers published by the U.S. Department of Labor.
EXHIBIT "C"
Resolution 01-1211 was replaced with a substitute original Resolution
01-1211 ,per memorandum from the City Attorney dated December 12,2001.
JF
i
FLORIDA DEPARTMENT OF TRANSPORTATION
Listed Below are signal installations by type and class:
DASHING SIGNALS - ONE TRACK."....,,,
Ty�p = 1, Class = 1
FLASHING SIGNALS - MULTIPLE TRACKS
Type =1 \glass = 2
mm
FLASHING 910NALS AND CANTILEVER - ONE TRACK
Type = 2, Class' 7 1
FLASHING SIGNA(
Type = 2, Class = 2
FLASHING SIGNALS
Type = 3, Class = 3
AND CANTILEVERS - MULTIPLE
GATE - ONE TRACK
FLASHING SIGNALS AND GATE - MULTIPLE
Type = 3, Class = 4 sy
FLASHING SIGNALS AND GATE
Type = 4, Class = 3
FLASHING SIGNALS AND GATE
Type = 4, Class = 4 11 � /
KS
ILEVER - ONE TRACK
LEVER - MULTIPLE TRACKS
TYPE OF TRAFFIC CO�TTROL DEVICES
I Flashing signals
II Flashing sig4ls with cantilevers
I11 Fiashinglgnals with gate
IV Flashing signals with cantilevers & gate
CLASS,IOF TRAFFIC CONTROL DEVICES
I ,t' Flashing signals - one track
II � Flashing signals - multiple track
,SII Flashing signals & gates - one track
IV Flashing signals & gates - multiple track
Exhibit "C„ -12f
iolution 41-1211 was replaced with a substitute original Resolution
--1211 per memorandum from the City Attorney dated December 12,20 ff?T-Type-Glass.dOc `, `
INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C.
AND INSURANCE REQUIREMENTS
Th ontractor by execution and delivery hereof, agrees that it shall and will, all times "
hereafter ind fy,
defend and save harmless the Florida East Coast Railway,Ts C from and
against all jud eats, and all loss, claims, damages, costs, charges, and expenses ("Costs")
which it may su , sustain, or in anywise be subjected to on account of or �fccasioned by the
operations of the Co actor, or any of the subcontractors, or -both, whetherAectly or indirectly
under, or pursuan# to, 's construction contract, including any such Costs: Arising from the death,
bodily injury or personal ' "ury of, as follows: r.
Of any person, incl g without limitation upon the,,/generality of the foregoing
description, employees and o ers of Florida East Coast R4a61way, L.L.C., employees and
officers of materialnaen, employe and officers of the Contrator, employees and officers of all
subcontractors, and from loss dama injury and loss of usdrof any real or personal property (a)
in which Florida East Coast Railway ompany has an�3�'` ownership interest, and (b) personal
property in the custody of Florida Ea Coast Railway Company under azry transportation
contracts; including without limitation upon, a generality of the two foregoing enumerations, all
railroad equipment commonly described as ro�ng,Aock and the contents of the same.
All I
In furtherance of its obligation to indpriiru , defend and save harmless, Contractor shall
procure and keep in effect comprehen4sive gen al liability insurance in the limits of
r $5,000,000.00 each occurrence for bodily injury or th and $3,000;000.00 property damage
each occurrence with a $5,000,00 `aggregate covering obligations of Contractor to indemnify
Y :..
the Railway by Contractual Assuttied Liability Endors ent, with all railroad exclusives
removed. Alternatively, Contragtor may procure and k in effect during the life of this
construction cont€act, as aforesaid, Railroad Protective Liabili . Policies insuring the Railway
directly as insured against lasses and damages with the limits spec ed in this paragraph.
In addition to theo&ve, Contractor shall, at its cost and expens , in ain a Workman's
Compensation ins dye Policy as required in the State of Florida.
t
All such urance, directly or indirectly for the benefit of the Railwashall be in a form
satisfactory ted , ailway's Manager of Insurance and issued -by a casualty co anY�uisurance
company aulhonzed to do business in the State of Florida that has a `Best's" rat of A or A+
and a finv6ial category size of Class XII or higher.
EXHIBIT "D"
Resolution 01-1211 was replaced with a substitute original Resolution
01-1211 per memorandum from the City Attorney dated December 12,2001.
METROPOLITAN DADEAOUNTY, FLORIDA
ETRo-oana
k
1,
Ap 22, 1998
Mr. Erdal Do z
Development Coo iii
City of Miami
300 Biscayne Boulev
Miami, FL 33131
RE: NW Ninth Street
F.E.C. Railroad
Dear Ms. Donmez:
Way, Suite 430
Mall
This is to confirm your recent telephone co*i'er:
of my staff regarding the payment for the ca
of the F.E.C. railroad tracks at the N.W. Ninth
SII►��
STEPHEN P, CLARK C
PUBLIC WORKS DEPA
utTs Isla
111 N. 1st STREET
MIAMI, FLOR A 33128-1970 -
v,tMs. Maggie Tawii, P.E., Project Manager
ii expenses related to the pedestrian crossing
Pedestrian Mall.
This Department will p.ay the City of Miami foX�dle c�struction and equipment related expenses for
the work/installation performed by F.E.C. f*s as pek4e F.E.C.'s itemized total estimated cost of
r $170,013.77 (see attached) at such tilh. a tW'the work isc repleted and an invoice is received from
the City of Miami. ,.
This Department is currently in the,, rocess of preparing the spec cations and expects to advertise
for bids shortly. Please be adv ;yed that we are awaiting confirmtgion of an executed agreement
between F.E.C. and the City 96 iami before we can proceed withh4vertisements. Your prompt
attention to this matter is greatly appreciated.
Sincerely,
Esther Calas,J�.'E.
Assistant P.4ctor
Traffic 8,;-ngineering
EC/ ram
cc: Orky Rodriguez, PW Finance
Resolution 01-1211 was replaced with a substitute original. Resolution
01-1211 per memorandum from the City Attorney dated December�l21pjl
q
t ual O 'j k /,, IL
r'pporiurrlty/Haridfeap Employer/Services
LICENSE -A dREEMENT
THIS LICENS .AGREEMENT, effective from the day
1996, iss ..etween the FLORIDA EAST COASXRAILWAY
COMPANY (Add I ress: P.O. 11x Drawer 1048, St. Augustiae, Florida 32084), a
Florida corporation, hereinafter qtlled "RAILWAY" apc�CITY OF MIAMI, a
municipal corporation of the State q.f Florida,, "reinafter called "SECOND
PARTY."
WITN S E T14N,
That the RAILWAY, forivallin'ble considerafio and the covenants and
agreements herein contained t If be performed and kept )S( the SECOND
PARTY, does hereby give �id license unto said SECOND P TY the right and
N
privilege to use, for blic at -grade pedestrian crossing purp V 's only,
use r _b
v�
that part of the ri t -of -way and property of the RAILWAY at th
RAfLWAY'S epost 365 + 672', more particularly described as foil s,
c .\
and herein ter to
to as the "CROSSING SITE":
See Exhibit "A" Attached Hereto.
Resolution 01-1211 was replaced with a7sUbstitute original Resolution
01-121.1 per memorandum from the City Attorney dated December. 12,2001.
o
.cr 4r' j �
�y
The words "GROSSING SITE" are defined to include any railroad
c x0s, i,
r sing signs, crossing structures or automatic crossing devices r 4ich
are, o, might be, located within or adjacent to the above-descri ed
e
locationn.. e status of the SECOND PARTY is that of a licens.016 and not
lessee. It has e right to use the CROSSING SITE as spp6lfied herein, but
legal possession of to CROSSING SITE shall remain with the RAILWAY.
In consideration 6fthe granting of this Agre , Aent by the RAILWAY,
the SECOND PARTY covenetsIts and agrees wit!,y4he RAILWAY as follows:
1. That the GROSSING SATE shall b 90 5'1�Used for public at-grade road
crossing purposes only across the )114IL,'WAY'S right-of-way and tracks, and
r.
except as herein provided, no pippl,:
wi r6 rail, or other line or structure
J?
shall be placed in or on the 6IR96SING SITthout the previous consent in
L
writing of the RAILWAY. SE076Nb PARTY furtherllvgrees that the CROSSING
SITE, together with th(additional portions of the 'hAILWAY'S right-of-
way within 325 feeU f the northerly and southerly lirriffik, or boundaries of
the CROSSING
P(TE, will at all times be kept clear .of any v'�
etation or
other growtqAreater than two (2) feet in height on each side oN. he tracks
at thee
e Inse of SECOND PARTY and without cost to RAILWAY or fie ,Upon
lly
RAIL,,YVAY'S property.
N,
2. This Agreement is for the term of one (1) year. If SECOND PARTY
A
-Resolution 01-1211 was replaced with a substitute original ResolutioN
2
01-1211 per memorandum from the City Attorney dated December 12,2001.
1 -1211
holds aver and remains in possession after the expiration of such term or
any rene Is thereof, this Agreement shall be considered as renewed,
unless sixty 0) days' written notice of the termination of same has ween
or is given by the AILWAY, and shall continue in effect from ye_g[ruto year,
subject to the same t ms and conditions as herein containev, unless
A
amended by the RAILWA\Stipul
as the right to do upon sixty (60) days'
E -
written notice. f
f•
3. The provisions ons of this 'Agreement are a part of
the consideration of the. licensing of the
the said SECOND PARTY shall fail to
ING SITE, and in the event
p%with any of the covenants and
conditions, then, at- the option of thi ..IIAILWAY\h1s greement shall be.terminated with full legal rigl7tsnd remedies by the RAILWAY,
including but not. limited to Jtie right to reenter, reposs , and remove
the crossing if it shall pct to do so.
4. The SECONIb PARTY hereby grants unto the RAILWAY
permits for thgAnstallation, construction, erection,. repair, and
maintenane of any of the RAILWAY -owned. or maintained facilities
in this Agreement. If SECOND PARTY fails to promptly grant the
WAY necessary permits, SECOND PARTY shall bear all additional
F
xpense incurred by the RAILWAY attributable to such failure, including
Resolution 01--1211 was replaced with a substitute original. Resolution
01-1211 per memorandum from the Sity Attorney dated December 12, 2001.
osis due to slow ordering of trains. SECOND PARTY shall promptly Pa11,1/
su amounts upon rendition of approIriate billing by the RAILWAY.
Unless otherwise specified, the cost of installation,
constructio maintenance and replacement of all facilities a�;�the
CROSSING SI including but not limited to the crossingtructure and
railroad and highwa devices, whether performed by the ,SECOND PARTY or
f.
RAILWAY, shall be the le responsibility of the SECND PARTY.
r/
l
6. The RAILWAY sh I install, maintain fid replace flashing lights,
bells and gates, referred to join as "RAIL AD DEVICES," at the
CROSSING SITE. The RAILWAY wi ms0�11 the necessary RAILROAD
DEVICES at the sale cost of the SEC,01,%onn
RTY. Installation costs are
estimated to be $115,430.00�,ti s phown e estimate for signal
1.
installation attached and incptporated by refer gee.
Thls signal installatlp is a Type 3 Class 3 its tallatlon as defined in
F
the Florida Department` of Transportation Schedule of ignal Installations
by Type and Class ttached hereto.
r/
In additioK SECOND PARTY shall pay unto RAILWAY one If the
annual cos,V`of maintenance of said automatic crossing protection vices
as provjded in the Florida Department of Transportation's SCHEDULE O
35
ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL
�iesolution 01-1211 was replaced with a substitute original Resoluti
01-1211 per memorandum from the city Attorney dated December 12,2441.
f' 4
U.t-1211
D ICES, as may in the future be revised or amended, a copy of which is
attach hereto and by reference made a part hereof.
The ` orementioned RAILROAD DEVICES are owned by the RA WAY
and shall remai` at the CROSSING SITE until the RAILWAY dews that
they are no longer eeded or should be replaced, or until otg6r legal
requirements are im o' ed which shall eliminate or sub antiall change
G P � Y 9
_t
the operations of the RAIL R AD DEVICES.
7. The RAILWAY shall ' : stall a 74' -wide Type T -modified crossing
structure thereinafter referred to a"STRUCTURE") in accordance with
t
�y.
Florida Department of Transportation andArd Specifications for Road
and Bridge Constnaction, Index No. 560, a�l ay be amended, at the sole
cost of SECOND PARTY. S id. cost isstimate` to be $54,583.77 (see
attached estimate, incorporated by,reference).
k
When the RAILWAY determines that the replace rri' nt of the new
v
STRUCTURE is more economical than its continued mainte nce, the
RAILWAY shall have the (,Xclusive option to replace the STRUC RE with a
comparable or improved -'facility. The replacement, repair and mai enance
costs of the new strVcture shall be the sole responsibility of the SECD
PARTY. The SEC I ND PARTY shall, at its sole expense, maintain and replac
the remainder of the road inside the RAILWAY'S right-of-way, plus any
Resolution 01-1211 was replaced with a substitute original Resolution
01-1211 per.memorandum from the City Attorney dated December 12,2001.
5
J' — 121
p ing which may be located between the ends of the ties. The RAILWAY -1
47
'09
c
shall ',rovide a flagman at said CROSSING SITE while work is being
performed\by the SECOND PARTY under the provisions of this Agreqffi
at the sole e nse of the SECOND PARTY.
8. The SEOND PARTY agrees, acknowledges and undifttands that
J1
the RAILWAY reserve, the right to make any changes qy:"any future time in
its existing tracks or ot4er facilities, including tho�' installation,
maintenance and operation dtl,,any additional tr9j6k or tracks or other
facilities on its right-of-way at the\'��ROSSIN%18ITE. The SECOND PARTY
agrees to bear the total expense of A-9
'yl,ljefianges or additions to the
pavement, RAILROAD DEVICES or I road signalization equipment
and STRUCTURE at the CRO f I
SITE, wikher these changes or additions
are required by law or orderj,6f any public or ju*cial authority, done
voluntarily by the RAILWAY, or requested by the SEC6tsl
PARTY.
9. The SECON15PARTY agrees that it will install, `Ypaintain and
replace all nece�Oary drainage facilities to prevent the acC% mufacilities
lation of
f
surface waW,,�-,due to the existence of the CROSSING SITE. SU
--Y
must firstbe approved by the RAILWAY and any goveming bodies h 'ng
jurisd /Alion thereof and operation of the facilities shall also be subje
24: 11 times to their approval. An additional license agreement may or
e e -olutl
solution 01-1211 wasireplaced with a substitute original Resoluti
,.1/01-1211 per memorandum from the City Attorney dated December 12,2001.
6
M not be required by the RAILWAY, depending upon the type, size, der,41
and o er specifications of the proposed facilities, as submitted to the
RAILWAY.
10. Li ting facilities adequate to comply with the requirements of
the laws of the ate of Florida covering illumination of roaar crossings
shall be installed, mai wined and replaced at or near thisCROSSING SITE
d
d
by and at the sole cost of COND PARTY. /'
r
11. The SECOND PA Y further covenants#b pay, either directly or
upon bills presented unto SEGO PARTY bye RAILWAY, within thirty
(30) days after presentation of the me,all bills for electricity for the
F,
lighting and illumination of the CROSSIN SITE.
12. At the term inationll p# this,'Agreem t for any cause, or upon
termination of the SECOND PARTY S use of the C OSSING SITE as herein
described, the SECOND PA, QTY shall remove, at its tire cost and expense, `
said road and all non -R JEWAY-owned improvements pl ed upon the
•j
RAILWAY'S right -of -ay and restore the ground to its ori al condition.
13. SECOPARTY shall in n
indemnify and hold harmless R WAY for
E
assessments r other charges of any kind whatsoever against the I ILWAY
at any ti a for any portion of public improvements installed on or wi in
two ndred (200) feet of the CROSSING SITE or arising out of the
Re olution 01-1211 was replaced with a substitute original Resolut on
0 -1211 per memorandum from the .City Attorney dated December 12,200
7
L-1 2-1 .1
•
istence of the CROSSING SITE.
14. The SECOND PARTY shall not take any action that will preve9f or
tend to'r�strict the operations of trains over the CROSSING SITE.
15. T`e SECOND PARTY will include in any contract whips it may let
for the whole or s,art of said work to be performed hereundi`f by or for the
SECOND PARTY, each and every one of the terms and ccriditions included on
r,.
the two pages entitled "INDEMNITY TO THE FLORIDA BAST COAST RAILWAY
COMPANY AND CONTRACTUTA LIABILITY ENDORS41ViENTS 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 61 Of3TAINED, KEPT IN FULL FORCE AND
EFFECT AT COST OF CONT ACTOR," both a ched hereto and made a part
hereof.
16: SECOND PARTY shall give the RAILWAY ohp (1) week's advance
notice when the SECQND PARTY or its contractor or an} ()ne claiming under
this Agreement pr?poses to enter upon the CROSSING SIT5710 perform work
under this Agement in order that proper warning may be provided for
trains; except that in emergency situations SECOND PARTY shall oiN be
f
requirgd to give the RAILWAY such advance notice as is practicable uric
hcircumstances. The SECOND PARTY further agrees that at all times its
kesolution 01-1211 was replaced with a substitute original Resalut
01-1211 per memorandum from the City Attorney dated December 12,200
8
;A -M 12
person I or agents are on the property of the RAILWAY, they will be
accompani by a RAILWAY representative and any cost involved will'b/
borne by the S OND PARTY.
17. After th STRUCTURE portion of the CROSSING SITE hot been
4r
F'
r
installed and the RAIL OAD DEVICES have been installed ar* all other
4
work to be performed by e RAILWAY under this Agreement has been
r
F
R..
completed and found to be i satisfactory working orO'er by the RAILWAY,
the RAILWAY shall furnish to the ECOND PARTY/` statement showing the
r
�f
total cost of material, labor and eq . ment finished by the RAILWAY,
which statement is agreed to be prima pie reasonable, and said cost to
r.
the SECOND PARTY being hereby estimate to be $170,013.77 as shown by
w the estimates of the RAILMI',S Engineering 'a d Signal Departments,
which are attached to this Agreement and by this eference made a part
t,.
hereof. `
18. Installation, Maintenance and replacement of a and all
railroad advance wgMing signs and pavement markings on an road
approaching the�ROSSING SITE shall be the sole responsibilitythe
SECOND PTY, and at its sole expense.
1 The SECOND PARTY shall promptly pay RAILWAY all cha\Resoluti
mai enance, replacement, repair or otherwise of the facilities at
R olution 01-1211 was replaced with a substitute original-1211 per memorandum from the City Attorney dated December,.
9
ssing as provided for in this Agreement, upon being billed for the sam
by Ne RAILWAY. Failure to promptlyo�)i�'t6-T�AI'LWAY amounts billed
d1je unt r this Agreement shall constitute default by the SECOND DARTY
and shall e-hable RAILWAY to terminate this Agreement as prqVided for
I
below.
20. The SECQND PARTY is specifically notified.jhat its personnel
will be working in an' --area containing active fiber, .�optic transmission
cable as well as other cabs and other facilitia , S. If a cable or other
facility is cut or damaged, the SI�COND PARTY agrees to indemnify
RAILWAY for any damages which mbq result. The SECOND PARTY will
1 .1
secure insurance to cover this obli 'tibn as provided for below.
21. If any provision of, provisions oi\,jhis Agreement shall be held to
be invalid, illegal or unenfpr"C.'eable, the validity, legality and
enforceability of the rern'taning provisions shall notjn any way be
affected or impaired/ thereby.
22. This A'breem.ent will be governed by the laws of\11he State of
Florida. It
.ponstitutes the complete and exclusive statementf the
Agreem,Qht between the parties which supersedes all proposals, o I or
writ en and all other communications between the parties related to-- the
>sabject matter of this Agreement. Any future change or modification of
'f
Resolution 01-1211 was replaced with a substitute original Resolut-on
01-1211 per memorandum from the City Attorney dated December 12,2000
10
tAgreement must be in writing and signed by both parties.
IN WITNESS HEREOF, the RAILWAY and the SECON'ARTY have
h
caused this instrumen to be executed in their corpore names and
respective seals to be h unto affixed in duplict a the day first
5
hereinafter written by their pdersigned offials thereunto lawfully
f
authorized.
r
Signed, sealed and `� - FLORIDA EAST COAST RAILWAY
delivered in the presence of: OMPANY, a Florida corporation
By: __(Seal)
ATTES
Witnesses as to AILWAY Ass sta Secretary
DATE:
Witnesses ag to SECOND PARTY
CITY OF MIAMI; municipal
corporation of t e State of
Florida
Title:
Attest:
Title: _----- ---_� _---
Resolu on 01-1211 was replaced with a substitute original Resolution
.. .._ _ �._..._.�� Date: —
0 r R mPXmok'an.dum._,;fxQm the City Attorney dated December 12, 2001 .
LICENSE AREA
: CEL OF LAND WITH UNIFORM WIDTH OF 120 • FEET NORTHERN AND._ _
SO RLY, EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGH OF -WAY
AND TRACK OF THE RAILWAY AT MIAMI, FLORIDA, WITH LO�TUDINAL
CENTER LOCATED 672 FEET, MORE OR LESS, SOUTHERLY FRt� RAILWAY'S
MILEPOST 65 FROM JACKSONVILLE FLORIDA, SAID RIGHT -0, WAY 0 TFM
RAILWAY HA G A TOTAL WIDTH OF 100 FEET AT THIS LOCATI 34, BEING 50 FEET
IN WIDTH EAC SIDE OF THE CENTER LINE OF RAILWAY'S TRACK.
ALL AS OUTLINE\ATACHED
ORANGE ON THE ATTACHED AN 01-D-210, DATED
NOVEMBER 2, 1995HERETO AND MADE A PST HEREOF.
f�
c
Resolution 01-1211 was replaced with a substitute original.Resolutior.
01-1211 per memorandum from the City Attorney dated December 12,2001..
01-121
5
-
•
FL ,4 EAST COAST RAILWAY COMPANY
a>n c.wrw -
11/09/95
11:28
SAI UGUSTINE, FLORIDA
IL4MI:
INSTALL TYPE T -MODIFIED GRADE CROSSING
N.W. 9fH STREET, MILEPOST 365+672
365l34/6?2
CROSSING DFSCRIPTIw1►NG;�WfON
LengdrafCrossn S
74 T1
V11dth(AcrossROadl
78 Ft
Number of Tracks:
I Fa
Length (Along Road?
80 F1
-V
Itrgt>tofTrAC-rPaneL•
I14 IT
pmjectedlift
3 In
; T
AGRMIJENTDESCRfPnON
GANGDPSCR7n0N
RespordbleParq:
CIIYOFM1AMi
4 Hialeah Section
15 Surfacing Gang 15
Agreement Date
Division of Respoosibigty
2 Crane
}
Maintenznco of Traffic
T1Y
I Loam
3�
CrossingSurfaen
C
Track Materials
C
Track Coastr=tion
CfTY
JF
Paving
CICY
a
ODSTRECAP1Tl11AT10N
10
Salvage.
Rcspanable
]Ys�Lean
Labor
M.Wial
Contract
i7orAii Iatd
BMConrmrw
t Track Pant
733.13
483.7 6,36420
da 759.11
n/a 8,339.70
CITY
MobiliradonrMateria! Consolidation
797.59
588.76 n/a
erlfy 137.63
VAa 1,513.98
CITY
Nwate»mxofTraf c
0.00
0.00 tva
yl
0.00 0.00
ria 0.00
L7TY
Regoove Crossing Surface
0.00
0.00
i
1 A/a 0.00
0.00 0dt0
CITY '
InstaliCrouingStrucmra
2.069.86
2,333.99 >�
x
rda 440.39
0.00 4,844.24
CITY
Line & Setf wTrack
610.08
651.83 �49S.60
VA 405.75
Ala 4,463.56
CITY
453.07
i'
468.86 /19,526.05
2,044.80
Jda 22.49277
CITY
Irma Crazing Surface
i
Placegsphalt
164.92
L
fI S Ida
10920.00 1.11134
via 12,224.70
aTY
Deneb HU600MIC Ckantfp
574.00
167AR Ida
nit 15
al: 705.!.2
CITY
Totals:
4.164.23
4,623.12 28,685.85
10920.00 4.92k
0.00 54.581.77
WISTIMATER CROSSING NSE
54,583.77
737.62 IM
EST]MATERSIGN ;EXPE NSE
115,430.00
(Please SeeAtNdted S For DeWI)
TOTAVESTnUT
r
CM OF MIAMI:
170,013.77
6,
J E
Resolution 01-1211 was replaced with a substitute original. Resolution
01-1.211 per memorandum from the City Attorney dated December 12,2001.
:i-121.1
t
POST 365+672
' STA1:, T rE T -MODIFIED GRADE CROSSING
N.W. 9T11 STREE' _
D AIDS OF ESTIMATE
Workfo Calculations
KPry/
Production/
]tours/
TOWS Total Total
=k
Imrtc
3/nil
H=ladt�
1�1 EWPgrMl
Consw Track panel
114
Tf
20
5.70
5.70 733.13 483.76
Ma 'al Yard
Is
4.00 7$7.59 568.76
Mobiliratio terial Consolidation
]
Section
Work Train
,
0.00 0.00 0.00
lvlaintenanu of Traf r ` .
0
is
Supervision
0
Tf
40
0.00
0.00 0.00 O.DO
Remove Crossing F&AM
Supervision
Section
Crane
Loader
Install Track Structure
114
Tf
20
5.70
5.70 2.069.86 2 333.99
Supervision
sccdon
Crane
Loader
fid
Welder
Work Train
f '
Maiptaiaes
Track
300
Tf
50
6.00
V
6- 610.08 651.83
line &Surface
Supervision
Surfacing Gang
40
1.85
.7
`° I.85 453.07 468.86
Install Crossing Surface
74
Supemsion
F!f
ieCdOn
Crane
Loader
L
Ls
f
4.00 164.92 28.45
Place Asphalt
,^
$uperosion
Ls
4.00 574.00 67.48
DemobilizatronlSite Cleanup
1
Section
r"�
5.392.54 4,523.12
Total Labor & Equipment
J
R -re fi.
FSlG6&A
Burd -
Supervision
26.60
26.60
26.60 41.23
Roadmester
1
Section Gang
1
r1 Fa
13.69
13.69
92 143.50
Foreman
Laborer
T
Ea
1127
78.89
Surfaciag Gang
Foreman
1�
Ea
13.93
13.93
39.00 60.45
Operator
F
Ea
1294
0.00
Tupper Operator
I
] a
13.80
13.80
Laborer
L
Ea
1127
1127
Mechanic
0
Fa
17.45
0.00
Crane
2
Fa
1294
25-88
25-88 ' 40-11
Operator
Loader r '
1
Fa
12.94
12.94
12.94 20.06
Operator
Welder
Weklrr1
F
Ea
14.68
14.68
27-31 42.33
Helper
1
Ea
12-63
12.63
Material Yard f
Fa
13.69
13.69
82.98 128.62
Foreman
1
Operator
I
Ea
12.94
12.94
Laborer
5
Ea.
11-27
5635
Work Train
neer
1
Ea
1'7.33
17.33
34.45 53.40
nduclor
1
Ea
17.12
17.12
Oth
Maintainer
I
Ea
1452
14.52
14-52 22.51
Direct LAbor
55.0096
Indirect Labor Burden
Resolution 01-1211
0.00%
was
replaced with
a substitute original. Resolution
01-1211 per memorandum
from the City
Attorney dated December 12,2001.
.i l- --1211
V LLTYPE TMODIFIEDGRADECROSSING
�
ET OF ESTIMATE
N.W. 9TIISTR0 POST 365.672 Z
ilnil
S2nDt
Supe 'on
franefflnuc
'I
1
Section Ga
7.11
Setup ruck
1
Sulfating Gang
16.87
Tamper
1
Regulator
0
Gang Truck (I
1
• Gang Truck (2 ton)
0
Mechanic Txnek
0
Crane
0.00
Cram:
2
Truckllowboy
0
Loader
11.29
Loader
1
TrockUwboy
I
Warder
-CrossingMaeerials
Welding Truck
1
Material Yard
169.74
Crane
28.63
Work Train
75.00
l,.oconwtive
31.09
Otha
59.72
Signal Truck
I
Cost of datrria3
Q01)t
SIn(1
N.W. 9TIISTR0 POST 365.672 Z
ilnil
Ralrmouc
Extended
franefflnuc
Ea
7.11
7.1I
7.11
Ea
16.87
16.87
16.87
Ea
92.68
92.68
101.53
Fit
34.29
0.00
` 925.98
Ea
8.85
8,85
0.00
Ea
11.29
0.00
Car
Fa
11.29
0.00
- 4.00
Ea
5
0.00
-CrossingMaeerials
Fa
84.87
169.74
169.74
Ea
28.63
0.00
75.00
Ea
31.09
31.09
59.72
Ea
28.63
28.63
4a
21.00
2,058.00
Studs
196.00
Ea
16.87
16.87
16.87
Fa
84.87
84.87
84.07
Ea
130.32
130.32
13032
Fa
8.85
8.85
5
Cost of datrria3
Q01)t
SIn(1
Pacsuds�j
Track Panel
Day 350.00
; S.1Ysr' 1
c)4o1
f
Rail
5.02
Tn
.00
3, .40
Track Ties
20.00
Ea
6 .
.00
Fasreners
69.OD
Set
I3.4
` 925.98
Panel ln5talladDn
Es
(30.00)
0.00
Ballast
2.00
Car
11095. '
2.190.00
Feld Welds
- 4.00
Ea
5
0.00
-CrossingMaeerials
�
.•
�
Fa
Crossing Ties
49,D0
> a
75.00
3,67
lnnerPads
49.00
ra 47.00
2.3
Omer Pads
98.00
4a
21.00
2,058.00
Studs
196.00
0.80
356.80
4x10'
5.00
456.00
2.250.00
4x12•
2.OD
Ea
5W.0D
1.00D.00
2110"
30.00
Fa
375.DD
3.750.00
2x I2'
4.00
FA
410.00
1.640.00
CM1 Of R rehaSW Smd
Gonlract
Place 8c Compact Asphalt
Mainlraranct olTtaffie
am
Uli1 llniLCost
72.80
To 150.00
0.00
Day 350.00
16.009[•
Subtotal Tax & lindlne Tour >rst
5,486.38 877.82 6.364.20
2,410.00 385.60 2795.60
16,832.80 2,693.25 19.526.05
TOW Cost
10920.00
0.00
10.0056
; S.1Ysr' 1
c)4o1
ilnil UnitCmd"r
Extended SuhLoc l ilnndSAE
IntaLLYsdit
Track Pard
Rail
0.00
TIN (31227)
MOD 0.00
D.OD 0.00
T res
0.00
Es
(30.00)
0.00
F rs
0.00
Set
(4.00)
0.00
Materials
Grassing 7rex
0.D0
Fa
(10.00)
0.00 0.00
0.00 0.00
Resolution
01-1211 was
replaced
with
a substitute
original Ftesolut on
01-1211 per
memorandum
from�the
City
Attorney dated December 12,20 1.
A
INSTALLATION ESTIMATE
GRADE CROSSING TRAFFIC CONTROL DEVICES
DADE COUNTY PUBLIC WORKS FOR: TYPE 3 CLASS 3 IGNALS
COUN'T'Y PRO CT NO. 663410 XXX NEW INSTALLATION MODIFICATIO
LOCATION: MIAMI COUNTY DADE STATE: FLORIDA
Road=Jurisdict n: DADE COUNTY Road Name: _ NW 9th STREET
FDOIAAR'crossin -Number: NEW RR M.P. 365 + 0672
'
I. Preliminary gineering: XXX Company Forces, Contract $ 3500.00
II. Construction S ervision: XXX Company Forces, Contra ctf $ 36'17.00
III. Material: ,�
Highway Grade Cros 4,ng Signal Assembly 19956.00
Control Equipment ,. $ 42712.00
Y -
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) r $ 0.00
Total Equipment r f. $ 3155-00
V- Labor
Direct Labor 4,. $ 9986.00
r
Holidays, Vacations, and Pension ' $ 2426.00
Payroll Taxes ft . `'�.. $
2426.00
Insurance . i . z $ 2426.00
Meals and Lodging N° $ 4500.00
Total Labor :'f' . . _ . . . . $ 21764 00
S` Total . . . $ 109932.00
vi. Miscellaneous Items:`
CONTINGENCIES @ 5% fi,, $ 5497.00
$
t' $
�.
4 -r
�. $
VII. Total Estimate Cost (DATE 11./6/95 ) (By A. G. FOWLER ) :, $ 115,430.00
VIII Submitted FLORIDA EAST COAST RAILWAY SIGNAL DEPARTMENT
i RR Company
This estime should be considered void after one (1) year.
REVISION ESTIMATE DATED 10/4/95 N
Res'lution 01--1211 was replaced with a substitute original Resolution
0 1211 per memorandum from the City Attorney dated December 12,2001.
6/17
�Jl-1211
. • DATE: 11/06/95
FILE: 10.2
+ TYPE: 3
cLAss: 3
FLORIDA COAST RAILWAY NO.OF DAYS: 10
OFFICE OF caIEP F.13GINEE'x AAR / DOT # : NEW
..b aTr-nnr.� a Ca2�[TNSCATION MILE POST: 365 +72
EgTFMA{T'ED COST
This estimate
REVfSION OF ESTIMATE
HIGHWAY CROSSING WARNING DEVICES AT NW 9th STREET.
R3 be considered void after one (1) year. r
HATRRIAL
GATE ASSEMBLIES
GATES
GATE FOUNDATIONS
WIRED CASE, 3AB & PMD -3
BATTERY BOX
MISC. SMALL ITEMS
CONDUIT
BATTERIES
CABLE
MISCELLANEOUS RELAY EQUIP
POWER SERVICE
MONI'T'ORING EQUIPMENT
FREIGHT & HANDLING
TAX
TOTAL MATERIALS
EQUIPMENT RENTAL PER WEEK
GANG TRUCK PER WEEK
SUPERVISORS TRUCK PER WEEK
EQUIPMENT TOTAL
ENGINEERING
ENGINEERING TOTAL
CONSTRUCTION SUPERVI
LABOR ADDITIVE
SUPERVISION TOTAL ,f
LABOR PER DAY ,s; '
NUMBER OF DAYS
LABOR ADDITIVE
TOTAL LAB,pR
} :r.'
GANG EXPENSES PER DAY
NUMBER OF DAYS
TOTAL GANG EXPENSES
SUB -TOTAL
CONTINGENCIES 5%
UNIT COST
$4,114.00
$500.00
$375.00
$30,741.00
$370.00
$500.00
$300.00
x,$178.00
$3;��00.00
$1, 0.00
$80- e. 00
$4,641: 0
$f�0.00
),-,.;$4 3 2 - 0 0
$180.00
1.
$3,500.00
$209.20
$998.60
10
$450.00
10
HJ„
UNITS ,
4
4 f,
4
t-
1
30
1
2.5 WEEKS
2.5 WEEKS
2.5 WEEKS
1
10 DAYS
10/4/95
TOTAL COST
$16,456.00
$2,000.00
$1,500.00
$30,741.00
$370.00
$500.00
$300.00
$5,340.00
$3,500.00
$1,120.00
$800.00
$4,641.00
$5,874.00
$4,754.00
$77,896.00
$1,625.00
$1,080.00
X450.00
$3,155.00
53,500.-00
$3,500.00
$2,092.00
$1,525.00
$3,617.00
$9,986.00
S7,22-9.00
$17,264.00
$4\500.00
$109,93q.00
$5,49 60
TOTAL $115,430 - 0
Resolution 01--1211 was replaced with a;substitute original Resolution
01-x1211 per memorandum from the City Attorney dated December 1?� 10.911. _, 1
a
file 10.2 '
FLORIDA EAST COAST RAILWAY
L
OFFICE OF THE CHIEF ENGINEER
SIGNALS AND COMMUNICATIONS DF.P y
STIMATED COST FOR ANNUAL' MG11WAYZ-- E CROSSING MAINTEI�i NCE
F TYPE 3, CLASS 3 CROSSING AT: N. W. 9th Street MP 365 672'
MONT Y: Y ABLY COSI': '
SIGNAL INTAfNER: $104.40
LABOR PER H R $15.10 �.
NUMBER OF HOU S 4
LABOR ADDITIVE $44.06
LEADING MAINTAIN $107.96
LABOR PER HOUR $15.61
NUMBE=R OF HOURS �� 4
LABOR ADDITIVE $45.52`
TOTALLABOR $217.00'$1,696.00
QUARTERLY:
SIGNAL MAINTAINER:
$78.80
LABOR PER HOUR $15.10e,. j
4
TOTAL HOURS 3
LABOR ADDITIVE $33.00
LEADING MAINTAINER: %' 4`�6 $80.97
LABOR PER HOUR $4.61
TOTAL HOURS
LABOR ADDITLVE $347
4
TOTAL LABOR a 5159.DP $477.00
ANNUAL:
SIGNAL MAINTAINER: $130.50
LABOR PER HOUR $15.10
TOTAL HOURS 5
LABOR ADDITIVE $55.00
rr �
LEADING MAI" $134.45
LABOR PER I �. R $15.61
TOTAL HOURS 5
LABOR ,,�DITIVE $56.90
A T SIGNAL SUPERVISOR: $168.05
BOR PER HOUR $21.56
TOTAL HOURS 5
/Y LABOR ADDITIVE $6025
TOTAL LABOR $433.50 ti ' $4 4
Resolution 01-1211 was replaced with a substitute original Resolution
T0 AINTENANCE CO$T REq YEA f 2,q".�00 O 1 .
01-12 1 per memorandum from �he City Attorney dated Decembe ,
6
!ND\NITYO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUA
Y ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITYAND
PRAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNI
In further c� sideration of the sums of money herein agreed to is paid to the
Contractor, the Con\nd
execution and delivery hereof, agrees
F�at it sha!l and
will at all times heremnify and save harmless the Florida just Coast Railway
Company from and l judgments, and all loss, damage -r costs, charges, and
expenses which it msustain, or in anywise be subje�d to on account of or
occasioned by the owhether or not negligent, ofe Contractor, or -any of
the subcontractors, ether directly or indirectly under, or pursuant to, this
construction contrace tal sums of money, follows:
A. On account of death,p so
of any person, including without Iim F
description, employees and officers c
employees and officers of materialmen,
employees and officers of all subcontri
person injured or killed, and $2,000,000.9
al injune�� loss of income or earning ability
ion up.A the generality of the foregoing
Flda East Coast Railway Company,
loyees and officers of the Contractor,
30 in the limits of $1,000,000.00 each
eacn\occurrence.
B. toss, damage, injury ltd loss of use of any real or personal property
(a) in which Florida East Coast �a fway Company ha ny ownership interest, and (b)
personal property in the custody' ,.sof Florida East Coast ailway Company under any
transportation contracts; inclW ing without limitation upo the generality of the two
foregoing enumerations, alb/ailroad equipment commonly scribed as rolling stock
and the contents of the same, all in the aggregate -limit of $2, 0,000.00,
C Loss, injury, decline in market value or de#erioratio in quality of any
perishable merch�A ise in the custody of Florida East CoastNbuexcluding,
, Company
occurring or or 'dating during the first forty-eight (48) hours from, the
first five (5) r�iutes any break in the continuity or other obstructpassage of
trains, direyiiy or indirectly arising from the Contractor's operations, upon` aid track
or #racks, gas the case may be, of Florida East Coast Railway Company at r within
one hu ,aired (100) feet of said location upon which the work is to be pe rmed
here 'der, the improvement, renovation, or repair of which is the subject matt of
thi construction contract, and also all expenses reasonably incurred by Florida st
oast Railway Company in and about the rerouting of'its trains and cars to, via, an
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.
Resolution 01-1211 was replaced with y a substitute original Re�1fiion
per er memorandum from the Cit Attorneydated Dec eih r 4 001.
n -
INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO
E OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR �
-------------
In,s'further consideration of the sums of money herein specified to be laid to
ContractQ�DPO
ontractor, at its cost and expense, shall obtain and keep). effect,
l or policies in the limits of $1,000,000.00 each person injured or icil[e-d
insurance qy p
and $2,000,00 qo each occurrence and $1,000,000.00 property damac per person
and $2,000,000A,, property damage each occurrence directly by C0t`ractual Liability
Endorsement to Co ractor's General Public Liability and Property Damage Insurance
Policies insuring Cbptractor against loss or damage to q.cf tractor upon the
tly
indemnities concurren_extended to the Florida East Coast Railway Company and
within the limits specified`=t(..► this paragraph. Alternatively, pAtractor my procure and
keep in effect drEring the `fie of this construction contact, as aforesaid, Railroad
Protective Liability Policies in6yring Florida East Coast: Railway Company directly as
insured against losses and damages but within the lirqits specified in this paragraph.
In addition to the above, Contractor shad,,.,fat its cost and expense, maintain a,
Workman's Compensation Insurance Pb:ticy as available in the State of Florida.
All such insrirance, directly or indire6 Iy for the benefit of the Florida East Coast
Railway Company, shall be in a form SatiMactory to its Manager of Insurance and
w issued by a casualty company/insurance con)Rany authorized to do business in the
State of Florida that has a "Besi�S":rating of A 6(,A+ and a financial category size of
Class XII or higher.
Resolution 01-1211 was replaced with a subtitute original Resoluti
01-1211 per memorandum from the City Attorney dated December 12,20
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
----- -----------------------------------------
NUAL MAINTENANCE COST EXCLUSIVE OF INSTALLAMN
CLASS DESCRIPTION COST
I Flashing Signals - One Track $1,404.00
II Fla" ing Signals - Multiple Tracks $1,858.00
III Flashin 'Signals and Gates - e Track $2,117.00
IV Flashing SigIs and Gate - Multiple Tracks $.2,657.00
AUTHORITY: FLORIDA ADMINIS ATIVE RULE 014-46.02
Responsibility for e ` ost of Automatic Highway
Grade C.rossin raffic ntrol Devices
~ EFFECTIVE DATE: July 1 1 1
GENERAL AUTHORITY: 20A F.S.
SPECIFIC LAW
IMPLEMENTED: 338.21, F.S.
Resolut'on 01-1211 was replaced with a substitute original Resolution
01-12V per memorandum from the City Attorney dated December 1.2,2001.
01-19,11
COMMLtITY REDEVELOPMENt AGENCY
(Created by the City of Miami as a separate legal entity))
300 Biscayne Boulevard Way , Suile, 430 , Miami, Florida 33131
Phont: (305) 579-3324 Fax: (3 OS) 3 72-4 64 6
DA
TO.- �U L vtcA VAIC-fl
—
CC:
As Requested
)For Approval
YTease follow Through
Off Upon Receipt
COMMENTS
No. Of Pages:
FROM:
FAX No.
For YoWinfortnation
1176diate Attention Desired
or Review/ Comments
Other
,esolutidtj
12,2001.
L21.1