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HomeMy WebLinkAboutR-93-0201J-93-218 3/18/93 .4 RESOLUTION NO. 9 3 - 201 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN GRAN CENTRAL CORPORATION (GCC), THE CITY OF MIAMI AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY, FOR THE RIGHT AND PRIVILEGE TO CONSTRUCT, INSTALL AND MAINTAIN NINE POLES AND STREET LIGHTS LOCATED ALONG NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 8TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorizedl/ to enter into a license agreement, in substantially the attached form, between Gran Central Corporation (GCC), the City of Miami and the Miami Sports and Exhibitioa Authority, for the right and privilege to construct, install and maintain nine poles and street lights located along Northwest 1st Avenue between Northwest 8th Street and Northwest Sth Street, Miami, Florida. Seotion 2. This Resolution shall become effective immediately upon its adoption. 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. ATTACHMENT (S) CONTAINED CITY cox2essm MEETING OF, CHAR 2 5 1993 Resalutloos 3%r 93-- 201; PASSED AND ADOPTED this 25th day of March 1993, TER LIARS MAYOR ATT T• MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: ,_"t)(4- xRM. AB$LLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . QUf WN J II CITY ATTO Y IMA : loss : M3499 93- 201 �� z FLORIDA M;r COAST RATU4AY COMPANY OFFICE OF O4-iIEE' EMINEMR GENERAL, SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CWSSIMS OF TIiB RAILI4AY'S RIGHT OF WAY A. A plan and profile drawing containing all pertinent details for the propmed crossing shall be cubmitted to Use Office of the Chief Engineer for appraval preliminary to preparation of an agreement if approved. -, B. The plan will show all information for the proposed Crossing installation with reference to the nearest Railway survey station or distance to nearest mile post, Railway right of way, tracks, or any other Railway facilities or structures in the vicinity. C. Request for installation shall be accarpaued with a letter signed by the owner, caupany official, or government agent. D. 2he lessee will be responsible for any and all costs of repairs or maintenance of the Railway's property and structures disturbed or damaged due to the installation or construction after effects. E. 'Ilse lessee of an installation approved by agreement will be required to provide prof of protective insurance for and during construction. U. SUBMDE PIPE:Z M AND ChMM A. All subgrade carrier pipel4nes and wirelines will be installed within a wing pipe. 1. All casing pipes will extend from right-of-way lime to richt-of-way line. 1 2. The Railway will not permit casing installation by open -cot method through the roadbed. B. Applicatiou will be acccnpanied with plans showing profile in relation to actual ground, track, and other facilities at the project site. -1-- 93- 201 EXHIBIT 01A" f 1. The moth"d of installation will be detailed including the location of jacking pit as measured fram centerline of near track . 2. The easing pipe mast be installed at least 5.5 feet below tcp of tie.-, 3. Jacking pit location trust be at least 30.0 feet from center- line of near track for pit down to 20 feet beloo grade. The pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the Railway's roadbed. Barricades w-A lights will be set around'the pit for protection. C. Casing Pipe Specifications are as fol1cws: 1. Casing pipe shall have a minimun diameter of 2.0 inches and size 2.0- through 8.0--in6h diameters must, be galvanized and standard weight ASZM Specification A53, Grade B. Thread coupling is allowed. 2. Casing pipe 6.0- and 8.0- inch diameters way be used complying with C-3. 3. Casing pipe shall be in accordance with current AS714 Speci- fication A139 and be protected by a black bituminous coat- ing for PPOTEcrION AGAINST QORnOSION. wall thickness shall be as follows: DIAMETER ( inches ) 6 - 16 18 - 20 22 - 24 26 - 28 30 - 34 36 - 38 40 - 4© 52-'56 60 - 66 72 - 78 84 - 90 96 - 102 108 - 114 120 • I THICKNESS (inches) 1/4 5/16 3/8 7/16 1/2 9/16 5/8 11/16 3/4 13/16 7/8 15/16 1-l/8 4.- All casing pipe joints will be welded in accordance with AISC Specifications, Section 1-7-2. All joint welds will be full penetration. -2- 93- 201 5. At no tuna_ will construction interfer with the normml and safe cperation of the Rail•++ay. No construction, ma gx3oer, or equipment will, enter the right of way beyond safety clearance limits of 20.0 feet from the centerline of near track. .6. All using pipe,installations where the diameter is greater than 48 inches•will require a preoonstruct.ion conference at the project site. 7. Preconstruction arrangements will be made with the Office of the Engineer of Bridges and Buildings at least one week prior to construction. A Railway inspector must be present during the entire construction of the casing pipe. The in. =-rOr urill have ocmplete authority over the project on the Railway's right of way. S. All costs to provide inspection will be. borne by the lessee. D. 7Unnel liner requirements are as follows: 1. All applicable preceding sections will govern tunnel liner usage proposals. 2. Tunnel liner plate will be 12 Pi, galvanized, and all bolts and nuts will be galvanized. 3. Live load will be based on E-W Railway Loading using applicable formulae and crngutations performed by a registered professional engineer. The conputation results will accompany the plans for review by the Office of the Chief Engineer. ` 4. Grout holes will be provided at 10-foot intervals along the roof and sides. S. 'he tunnel liner jacking shield will protect 180 degrees of the upper section anddvaterial removed allow for a minimum 1:1 slope with a m3ninnm 2.0 feet of undisturbed soil suyporting the overburden. 6. The tunnel liner installatitn will progress with sufficient manpower and supervision for around -the -clock construction until the liner is oortpleted. E. Carrier pipeline specifications are as follows: 1. Reinforced Concrete Pipe a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASIM Specifica- `3 93-- 201 13 tion C76 Mass IV for Railway strength pipe or c "rent specification for prestressed) c icrete pipe. b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Speci- fication on SP5, or equivalent. Joints for bell and spigot -and 'P. and G. gripe to be in accordance with current standard practice. Joints may be made using oonfined continuous rubber gasket. 2. Cast Iron Pipe a. Materials: Pipe mast conform to current ASS Specifi- cation A142 for "Standard Pipe." b. Joints: Bell and spigot, caulked with load and o kutm, or an approved mechanical type. 3. Polyethylene Pipe " a. Materials: Pipe crust conform to current AS7M Specifi- cation D2iO4, Schedule 40, for standard pipe. 4. Steel Pipe a. Materials: Pipe mast conform to current ASZM Specifi- cation A120, Schedule 40. b. Joints: All Joints must be welded or of an approved mechanical type. F. Carrier pipe with an internal pressure less than 30.0 lbs. per square inch shall have the ends ofithe casing pipe sealed after installation. G. Carrier pipe with an internal pressure of 30.0 lbs. per square inch and over shall have the casing pipe open at the ends if local conditions permit water f.ra. leaks to discharge into drainage ditch or maxtiole4 If this is not practicable, the casing pipe shall be sealed at both ends and 4-inch relief vent provided at either end off the Railway's right of way, which shall -discharge into drainage ditch or sewer. Casing pipe shal have a rrdnimn inside diameter of 6.0 inches greater than the III. AWVE • GRAUE STFWIURF.S A. All applicable preceding sections will govern the installation. -4- 93- 201 N r R. Minimzn clearance of 23 feet 6 pinches over top of rail of highest track shall govern the proposed structure. C. Predesign conference with the Chief Engineer will set forth horizontal clearance of subgrade, grade and above grade construction -,and structural limits. IV. AEi VE GRAIX WIttt"T.,1= h. All poser lines and cables will provide a minimum clearance above top of rail of highest track of 43.0 feet for up to 50 KV. An additional 0.4 inch of clearance mast be provided for each KV in Excess of 50 KV. B. All power lines and cables lying within a grade crossing will provide a minimum clearance above top of rail of highest track of 50.0 feet for up to 50 KV. An additional 0.4 inch of must ust be provided for each KV in excess of 50 KV. C. All cable will provide a minimun clearance above top of rail of the highest track of 43.0 feet. D. Any wireline or cable at a grade crossing protected, with crossing gates rust clear the tip of the gate arm by a miniman of 6.0 feet when the gate arm is in the raised position. B. Should the Railway add crossing gates to grade crossing protection, raising of wirelines or cables shall be preformed imnediately on notice and at the sole cost and expense of the lessee. F. All applicable preceding sections will govern the installa- tions. . A. Cathodic protection of pipelines, cables, or casings I. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfer with the signal apparatus of the Railway. Any changes required in the manner, method, or location of such cathodic protection shall be made at the sole cost and expense of the lessee and to the satisfaction of the Chief Engineer of the Railway or his duly authorized representative. B. Proposed structures must maintain a minimum of 10 feet of 'horizontal clearance to the base of the signals/crossing gates. 93-- 201 Revised September 11, 1987 / ri5. AC.REEXMU This License Agreement, made and entered into, in triplicate, this day of _ , 1G_.._..► by and between Gran Central Corporation, hereinafter called "GCC", the City of Miami, a municipal corporation of the state of Florida, (Address: 275 Northwest 2nd Street; Miami, Florida 33128)► hereinafter called "CITY", and Miami Sports and Exhibition Authority, an independent and autonomous agency and instrumentality of the City of Miami, (Address: 300 Biscayne Boulevard Way; Suite 1120; Miami, Florida 33131), hereinafter referred to as "AUTHORITY", (hereinafter the CITY and the AUTHORITY will be referred to jointly as "LICENSEE"). -i9 =7 GCC, for and in consideration of the sum of $50.00, plus Florida Sales and Use Tax payable by the AUTHORITY, and the covenants and agreements of said LICENSEE hereinafter set forth, hereby gives to LICENSEE the right and privilege to construct, ;{ install and maintain certain appliances or fixtures for such time hereafter as GCC, in its discretion, shall and may permit, as follows: Nine poles and street lights looated along Northwest 1st Avenue between Northwest 8th Street and Northwest 5th Street at Miami, Florida, to be installed pursuant to the attached specifications. All as shown on LICENSEE's Print No. 8-5412, sheets 10, 17 & 18, dated May 10, 1988, attached hereto and made a part hereof as Exhibit "A" 93-- 201 It is understood between the parties hereto, that GCC reserves unto itself, its successors, permittees, licensees or any other persons acting under GCC's authority, the right to oonstruet, maintain or remove any other facilities, including but not limited to pipelines and/or communication cables, over, under or adjacent to the herein licensed facilities, and further, that LICENSEE shall take no measures to interfere with the construction, maintenance or removal of such facilities, unless the construction or removal of said facilities are prohibited by any statute or there is any other legal limitation and as long as the proper permits and other relevant licenses or authorizations required by law are properly obtained by GCC. LICENSEE also agrees to relocate, rearrange or modify the facilities hereby Licensed to accommodate said pipelines and/or communication cables at its sole cost and expense, in the event such relocation, rearrangement or modification is deemed necessary by GCC. AND LICENSEE HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. Said appliances or fixtures hereby permitted, shall be of the usual strength and fitness for the purpose used and be installed in a good and workmanlike manner. All construction or installation of all LICENSEE Is appliances or fixtures shall be both commenced and completed within SIX (6) MONTHS from the date of this instrument and so reported in writing by LICENSEE unto GCC within SIX (6) MONTHS or the LICENSEE shall be in default pursuant to the terms of this License Agreement and this License Agreement shall stand automatically terminated without any need for notice or action by GCC. -a- 93- 201 2. Said appliances or fixtures shall be of good and suffioient quality and size for the purpose used and shall be located as hereinafter designated by GCC and securely planted and, fastened so as to prevent the same from falling on the property of GCC or upon other wires on the property of GCC. No other facilities of the LICENSEE shall be located upon any of GCC's property without GCC's prior written permission. 3. In the event a license is hereby given for an -electric light or power line of lines crossing over or under the property of GCC, then such crossing shall be constructed and maintained in conformity with the provisions of the National Electrical Safety Code, as set forth in Handbook H-43 of the National Bureau of Standards in its present form or as subsequently revised, and also in conformity with additional requirements of GCC to protect its additional facilities located on the property of GCC from any injury or damage arising from the aforesaid location of LICENSEE's facilities. 4. The LICENSEE shall within thirty (30) days after date hereof, obtain all necessary permits, lioenses and franchises R► required by law. Whemever under this Agreement, LICENSEE's power '= lines cross or are located adjacent to any lines or wires of any licensed communication utility on the property of GCC, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent telephone and telegraph wires, and shall adopt, use and ;= maintain the best known and and most effective methods to protect — the aforesaid telephone and telegraph wires and lines from _ physical hazard and inductive interference. -3- 03- 201 5. Said appliances or fixtures of the LICENSEE shall not at any time interfere with or endanger the property of GCC, or the operations, maintenance or improvements of GCC, or of any other party thereon; and LICENSEE shall at its own expense, on notice from GCC forthwith change, improve or repair such appliances or fixtures causing such interference or endangerment as may be prescribed by GCC. 6. GCC reserves the right to cancel this License Agreement upon thirty (30) days prior written notice and LICENSEE will at its own expense, within the aforementioned thirty (30) days, remove any and all said appliances and and/or fixtures from the property of GCC. 7. LICENSES agrees that upon LICENSEE failing to completely construct or install as provided in Paragraph 1 or abandoning or ceasing to use and maintain said appliances or fixtures herein specified, or upon the cancellation and termination of this agreement as herein provided, or upon the accidental or any other breakage of said appliances or fixtures causing damage or danger to the property of GCC, LICENSEE shall and will at once remove said appliances or fixtures and restore the premises to its former good condition or at once repair such breakage or damage at its own cost and expense; and failing to do so, GCC may mane such removal or restoration at the cost and expenses of LICENSEE. 8. LICENSEE shall and will cause due notice to be given to GCC when LICENSES or its contractor or anyone claiming under LICENSEE, proposes to enter property of GCC with such appliances or fixtures or for any necessary excavations therefor, in order -4- 9 3 - 201 that proper safety measures may be taken. In addition to the terms of Paragraph 3, any subgrade or abovegrade crossing of GCC's property is subject to the terms of the "GENERFAL SPECIFICATIONS FOR SUBGRADE AND ABOVEGRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway Company, the terms and conditions of whioh are incorporated herein by reference. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, LICENSEE shall indemnify, save and hold harmless GCC, its agents, servants and employees form and against all loss, claims, casts, charges, expenses, suits, damages, and judgments, which they may suffer, sustain or in anywise be subjeoted to, or for which it may be held liable on account of any loss or damage caused in any manner to any of LICENSEE's buildings, structures, works and any personal property whatsoever of LICENSEE, situated, placed, kept or stored on, in or near the property or premises hereby licensed, as well as on account of loss or damage to any personal property whatsoever, not owned by LICENSEE, whether owned by GCC or by others, arising directly or indireotly out of or on account of the licensing to or use by LICENSEE of the property hereby licensed, whether due or olaimed to be due by the joint negligence of GCC, its employees, agents or servants or otherwise. 10. LICENSEE covenants to pay GCC all costs of supervision, labor and material incurred by GCC in supervising, protecting and restoring, if necessary, the property of GCC by reason of LICENSEE's operations under this Agreement. -s- 93- 201 MA 11. This Agreement shall be binding upon the successors or the heirs and assigns of LICENSEE and none of the covenants or agreements herein oontained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 12. LICENSEE agrees to pay GCC, upon the execution and delivery of this Agreement, the necessary amount of documentary stamp taxes required to be affixed to this Agreement under the laws of the United States of America, the State of Florida, or both. 13. LICENSEE agrees that, if LICENSEE is herein required to pay unto GCC any sum of money as may be specified on first page hereof, LICENSEE will pay unto GCC the sum of LQQ OQ in cash in advance for each year for which this Agreement may be renewed or may remain in effect beyond one year from date hereof. 14. LICENSEE agrees that it will, at its expense, adjust its said facilities to any physical change or additions made at any time by GCC to its property or the facilities thereon. 15. LICENSEE agrees that its facilities shall be installed and maintained by and at the expense of LICENSEE in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of GCC, that such work shall be subject at all times to the approval of an authorized representative of GCC, which approval shall not be unreasonably withheld. 16, In the event that LICENSEE were to be a municipality or a public or quasi -public corporation then it shall agree that no assessment or other charges of any nature whatsoever shall be -6- 93- 201 - levied or made against GCC or against its property on account of the installation or existence of LICENSEE's facilities at this location. 17. All parties hereto agree that the provisions of General Specifications, contained in the five pages entitled, "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVEGRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY, "attached hereto and made a part hereof, shall apply to the work of, materials, and rights and privileges hereby given to LICENSEE. 16. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection of a suitable monument located on each side of GCC's property. 19. NONPAYMENT AND PLACE OF VENUE. It is expressly agreed by and between the parties hereto that any obligations of the LICENSEE under the terms of this Agreement which are not paid within thirty (30) days of presentation of bills for same by GCC shall bear interest at the rate of twelve peroent (12%) per annum from the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event GCC shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this Agreement, LICENSEE shall pay to GCC a reasonable attorney's fee on account thereof. In the event of litigation, the parties also agree that the laws of the State of Florida will apply. Venue shall be in Dade County. 93- 201 -7- 20 . Notwi.ths Landing the term of this License Agreement and �£ the advance payment of rental therefor, CCC reserves the right to cancel this License Agreement upon thirty (30) days' prior written notice. LICENSEE shall have no expectations of renewal = and agrees that the term of this Lioense Agreement is only for the time specified herein, subject always to the termination �3 provisions and regardless of the length of time that LICENSEE's r i facilities may have occupied the licensed property, or the construction of its facilities or personal property placed thereon. Upon cancellation of this License Agreement, LICENSEE _{ will, within the aforementioned thirty (30) days, remove any and j all said appliances and/or fixtures of the LICENSES from the property of CCC . 21. LICENSEE naives and relinquishes any legal •rights and monetary claims which it may have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property specified in this License Agreement whether such property is taken by eminent domain proceedings or sold under the _ threat thereof. i s =, 93- 201 0 duly examted in triplioatR the day and year fix-st herein written. Signed, sealed and delivered in the pcesenoe of: Witamses as to GM With as to Authority H' • Nab ' • ' •�;"1••• - `No Attest: By: — - _(SC) Cbai.r= Attest: CM Y OF MiAYI , a municipal oorporation of the State of Florida, By: (SEAL) City manager Attest: Ddreotor of Risk Management City Attorney rV 1 M406/pb/bes 93- 201