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HomeMy WebLinkAboutR-2003-019 FEC RRxing Agmnt with FDOT City DBB RESOLUTION NO. 2003-019 A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING CITY OFFICIALS TO EXECUTE A RAILROAD REIMBURSEMENT AGREEMENT FOR RAILROAD CROSSING TRAFFIC CONTROL DEVICES TO BE LOCATED AT DANIA BEACH BOULEVARD AND THE FEC RAILWAY TRACKS, SUCH AGREEMENT TO BE ENTERED INTO BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORATION, FLORIDA EAST COAST RAILWAY, LLC, AND THE CITY OF DANIA BEACH; PROVIDING FOR SHARED ANNUAL MAINTENANCE COSTS WITH THE FEC RAILWAY OF CROSSING CONTROL DEVICES (FAP NO. 00S4-002 AND FDOT/AAR CROSSING NO. 272574-P); PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That certain Railroad Reimbursement Agreement, to be executed by the City of Dania Beach, State of Florida Department of Transportation and Florida East Coast Railway, LLC, providing for shared costs of maintenance of railroad signals to be installed at the Dania Beach Boulevard and FEC Railway Crossing, a copy of which Agreement is attached as Exhibit "A", is approved and the appropriate City Officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Railroad Reimbursement Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution shall be repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-019 Section 4. That this resolution shall be in force and take effect immediately upon • its passage and adoption. PASSED AND ADOPTED on Janu 28th, 2003. ROB RT H. CHUNN, J . MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA -YES CHARLENE JOIqVSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TR FORM AND CORRECTNESS: BY: -1�� \ I ThOMAt J. AXISBRO CITY ATTORNEY 4 2 RESOLUTION NO. 2003-019 Florida Department of Transportation JEB BUSH OFFICE OF MODAL DEVELOPMENT JOSS ABREU GOVERNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale,Florida 33309-3421 Telephone:(954)777-4490;FAX:(954)677-7892;Toll-Free:(866)336-8435 March 20, 2003 Ms Charlene Johnson, CMC City Clerk City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 Dear Ms. Johnson: RE: FM No.: 414291-1-57-01 Location: Dania Beach Blvd. County: Broward Crossing No.: 272574-P RR MP: 345.94 ® We are enclosing 1 (one) fully executed Agreement dated March 19, 2003 involving your City and covering proposed work order estimated at$108,830.00. The construction items are further described as: ® Relocate signal equipment on sw quadrant,replace case and relocate away from roadway, install monitoring equipment on Dania Beach Blvd. in Dania Beach,FL. The work under this contract shall be performed in accordance with the provisions set forth in the Federal Highway Administration Federal-Aid Policy Guide,23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R, Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof. Should additional information or a meeting with Department representatives be needed,please call me at (954) 777-4499 or e-mail me at D ianne.hi ckman(&,dot.state.fl.us. Sincerely, Dianne Hickman District 4 Special Projects Coordinator DH:dh cc: File S:\OMD\Rail\Signal Safety Program/2002-2003\Dania Beach Blvd Executed Agreement to City 414291 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-27 RAIL RAILROAD REIMBURSEMENT AGREEMENT occ-o7199 GRADE CROSSING TRAFFIC CONTROL DEVICES -MUNICIPAL Page 1 of 7 INANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL& R/W NUMBER FAP NUMBER 41429115701 . Dania Beach Blvd. BROWARD OOS4-002 THIS AGREEMENT, made and entered into this day ofC� L , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East Coast Railway LLC a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine County of St. Johns State of Florida , hereinafter called the COMPANY; and the City of Dania Beach a municipal corporation, hereinafter called the CITY. W ITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the Financial Project ID 414291-1-57-01 on Dania Beach Blvd. , which crosses at grade the right of way and ks of the COMPANY'S Milepost 345.94 TDOT/AAR Crossing Number 272574-P at or near City of Dania Beach as shown on DEPARTMENT'S Plan Sheet No. Map , attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals Type IV Class III and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty(50) percent of the expense thereof in maintaining the same shall be borne by the CITY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. 725-090-27 RAIL OGC-07/99 The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the Page 2 of 7 COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities �II be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. 4. Unless otherwise agreed upon herein, the CITY agrees to insure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: (a) DEPARTMENT Procedure No. 725-080-002 Appendix DA, and Rule 014.46.002 'Responsibility for the Cost of Railroad/Highway Crossings", Florida Administrative Code, dated July 22, 1982. Federal Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY Oer agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix D-4 "Billing Requirements," and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of$ 108,830.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be p rmed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 725-090-27 RAIL OGC-07/99 Page 3 of 7 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost Vll be as specified for the method checked and described hereafter: (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. (c) An agreed lump sum $ 0.00 as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and/or adjustment of the COMPANY'S facility as planned 0 will Qo will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): NA (a) %will be applied to the final billing of work actually accomplished to determine required credit for(betterment) and/or(expired service life) and/or (nonreimbursable segments). -NA (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. NA (c) $ credited for O betterment 0 expired service life O nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installation and/or adjustment work. 12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by OOMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. f I 725-090-27 RAIL OGC-07/99 Page 4 of 7 13. Upon completion of the work the COMPANY shall, within one hundred eighty(180) days, furnish the IRPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the &PANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 014-46.002 "Responsibility for the cost of Railroad/Highway Crossings" and the Wral Highway Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." 725-090-27 RAIL OGC-07/99 Page 5 of 7 17. In accordance with Section 215.422, Florida Statutes, the following provisions are in this Agreement: Ontractors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5)working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher)to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Optroller's Hotline, 1-800-848-3792. 18. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. • The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered 1 , 725-090-27 RAIL OGC-07/99 Page 6 of 7 or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. • 22. , . 23. When all parties execute this Agreement,the previous Grade Crossing Traffic Control Devices Agreement, dated July 13, 1976 will be rendered null and void. SPECIAL PROVISIONS: 1. Paragraph 23-Added prior to execution. 2. Paragraph 22 — Stricken 3/13/03 • I 725-090-27 RAIL OGC-07199 Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EOF ..._ Z (TITLE: DIRECTORo P1r AVVMr1p )" COMPANY: Florida East Coast Railway LLC BY: ATTEST: Ss k Secretary a CITY Dania Beach , FLORIDA By: APPROVED AS TO F'�M & CORRC•I'N� ESS: BY: 1� Chunn, Mayor /" By: f, %1" 'i' Thdm!j Ansbro', -CIty Attorney (TITLE: Iv % Mana—,4er ) ATTEST: Charlene Johnson ity Clerk Lega7Revi/e ' Approved as to Funds Approved as to FAPG Available Requirements B BY: / �Dat� .:•� 1` BY: Certification Acceptance ttorney-D/ to Comptroller-DOT FHWA Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090.09 WORK DESCRIPTION RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES 05/02 INANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL& R/W NUMBER FAP NUMBER 41429115701 Dania Beach Blvd. BROWARD OOS4-002 RAILROAD COMPANY Florida East Coast Railway LLC A. JOB DESCRIPTION& LOCATION: Dania Beach Blvd. B. TYPE OF ROADWAY FACILITY: 2 lane urban C. FDOT/AAR XING NO.: 272574-P RR MILE POST TIE: 345.94 D. TYPE CROSSING PROPOSED: IV CLASS: III DOT INDEX NO.: 17882 E. STATUS AND PROPOSAL: 1. EXISTING DEVICES: (See Agreement dated 7/13/1976 ) a. None-New Crossing. b. Crossbuck and Disk. C. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. X Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES: (Safety Index Rating 55.60 ) a. No revision required. • b. Crossbuck and Disk. C. Flashing Signals and Disk. d. Flashing Signals with Cantilever. e. X Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. 9• Relocate existing signal devices: (1) (With-Without)addition of Gates. (2) (With-Without)synchronization with highway traffic signals. (3) (With-Without)constant warning time. F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. N/A By Others( Company.) 2• N/A By Railroad Company. G. AUTHORITY REQUESTED: Q Yes • (Draft attached: 0 No.) 1. X Agreement(Third Party Participating City of Dania Beach ) 2• Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Order No. 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). H. OTHER REMARKS: • Negotiations to be completed by: December, 2002 Signal installation target date: Synchronization: (Draft attached 0 Yes No.) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-41 RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES RAIL 07/02 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL& R/W NUMBER FAP NUMBER 41429115701 Dania Beach Blvd. BROWARD OOS4-002 COMPANY NAME: Florida East Coast Railway LLC A. FDOT/AAR XING NO.: 272574-P RR MILE POST TIE: 345.94 B. TYPE SIGNALS PROPOSED Relocate signal equipment CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation ASS DESCRIPTION COST* Flashing Signals - One Track $1,870.00 tl Flashing Signals- Multiple Tracks $2,474.00 III Flashing Signals and Gates - One Track $2,820.00 IV Flashing Signals and Gates - Multiple Tracks $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-46.002 Responsibility for the Cost of Railroad/Highway Crossings (3) (a) EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. *This schedule will become effective July 1, 2001 and will be reviewed every 5 years and revised as appropriate b d on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF MODAL DEVELOPMENT DISTRICT 4 RAIL OFFICE PROJECT INFORMATION Financial Project No.: 414291-1-57-01 FAP No.: OOS4-002 Location: Dania Beach Blvd. County: Broward Crossing No.: 272574-P RR MP: 345.94 Company: Florida East Coast Railway L.L.C. This project scope and cost estimate was prepared by: Nadir Rodrigues, FDOT District 4 Railroad Coordinator Project Scope: Relocate & Upgrade Signal Equipment . • Estimate by the Florida East Coast Railway, LLC for the Signal Equipment cost......................................................$108,830.00 Total Costs $108,830.00 • DATE: 07/23/02 He FILE: 10.2 !b TYPE: III CLASS: IV LORIDA EAST COAST RAILWAY NO. OF DAYS: 5 OFFICE OF THE GENERAL MANAGER AAR / DOT #: 272574P OF SIGNALS AND COMMUNICATIONS MILE POST: 345+4962' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT DANIA BCH BLVD. . This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS TOTAL COST ADDITIONAL FLASHING LIGHT ASSEMBLIES $1,828.00 1 EA. $1, 828.00 WIRED CASE, 3AB & PMD-3R $38, 670.00 1 EA. $38, 670.00 BATTERY BOX $675.00 1 EA. $675.00 BATTERIES, SAFT SPL250 $212.00 10 EA. $2, 120.00 MISC. GROUND MATERIAL $1, 695.33 1 PKG. $1, 695.33 CONDUIT & DIRECTIONAL BORE $45.00 80 FT. $3, 600.00 CABLE $3,500.00 1 PKG. $3,500.00 MISCELLANEOUS RELAY EQUIPMENT $1, 120.00 1 PKG. $1, 120.00 POWER SERVICE $1,500.00 1 EA. $1,500.00 MONITORING EQUIPMENT $11, 121.00 1 PKG. $11, 121.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $9, 874.00 TAX @ 6.5% $4,279.00 TOTAL MATERIALS $81,482.33 EXCAVATING EQUIPMENT PER DAY $181.00 5 DAYS $905.00 10"QUIPMENT RENTAL PER DAY $125.00 5 DAYS $625.00 OREMAN'S TRUCK PER DAY $35.00 5 DAYS $175.00 GANG TRUCK PER DAY $63.00 5 DAYS $315.00 SUPERVISORS TRUCK PER DAY $35.00 5 DAYS $175.00 EQUIPMENT TOTAL $2,195.00 ENGINEERING $6,500.00 1 $6,500.00 ENGINEERING TOTAL $6,500.00 CONSTRUCTION SUPERVISION $274.00 5 DAYS $1,370.00 LABOR ADDITIVE $763.00 SUPERVISION TOTAL $2,133.00 LABOR PER DAY $1,082.50 $5, 413.00 NUMBER OF DAYS 5 LABOR ADDITIVE $3, 159.00 TOTAL LABOR $8,572.00 GANG EXPENSES PER DAY $553.00 NUMBER OF DAYS 5 TOTAL GANG EXPENSES $2,765.00 SUB-TOTAL $103,647.33 CONTINGENCIES 5% $5, 182.00 �OTAL $108,830.00 272574 P.xls MARLIN ENGINEERING IN'C . ' CONDITION OIAGRAM ' OANIA BEACH BLVO . 0-0 OK4 �o 00go(f. � w O)0oo �o n Oob'�� Install monitoring equipment NO CURB & GUTTER o� NO CURB & GUTTER Relocate signal equipment 24' O Replace case and re/ocat &ON5 away from roadway �O Oo9c4� 0 58 o��o O o9CF(jo TITLE ll SIGNAL SAFETY PROGRAM FOR THE YEAR 20021200J PROJECT LOCATION Dania Beach Blvd. P /TY NUMBER 490 RAILROAD CROSSING NUMBER 272574—P RAILROAD MILEPOST 345.94 RECOMMENDED IMPROVEMENT Relocate signal equipment on SW quadrant. Replace case and relocate away from roadway. Install monitoring equipment. a a c N � tc1 O rN•1 f J r d- W M W O J _ ¢ r Q c ❑ / C. / ❑ !rn W Q t"�" CL 4 V) CL. N CO W J J Z Q N Z Z O >• E O O Y H C r U U H CA uj toW C Z r O U O in W ❑ Q Q M - C 0. Z r U E V 3 ❑ go = 3 Q <Y W Q r W Q r W I.- O W S to O U H W Q W W # uj Z ❑ Z C9 o j CC W w J Z •• Q N .. 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LOCATION: Dania Beach Blvd. FINANCIAL PROJECT NO. 414291-1-57-01 CROSSING NO. 272574-P RAILROAD MILEPOST 345.94 • 2 C7 (n a i M V) o IN le ct yl 0 Qz 8 —j z z W 4 � � �,o•n.21 i d v.MiYl S' f JQK� O `11 � �e ��wtiywa a� �rnry 9',0 uin (Ni Eeawnnq P+'Ia�lEf�� � / r , Lj L�L LJ U Ll1h1f t r I ! Dania®each E F.— i � � I F Dame,FL 33004 Project Location 80 Jan ,.. �i 1"Ood Z'. 7� ir- Mc" lV^G T.fia Compu� LOCATION MAP FEC Railway L.L.C. LOCATION' Dania Beach Blvd. FINANCIAL PROJECT NO. 414291-1-57-01 CROSSING NO. 272574-P RAILROAD MILEPOST 345.94 O � I ate.' i a'-a sue'"''w+.^�s�s5W 9t FLORIDA January 31, 2003 Dianne Hickman Special Projects`Coordinator Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 RE: Dania Beach Railroad Reimbursement Agreement FDOT/AAR Crossing Number 272574-P-Dania Beach Boulevard Dear Ms. Hickman: We are enclosing three (3) original Railroad Reimbursement Agreements as referenced above. The Dania Beach City Commission adopted Resolution No. 2003-019 on January 28, 2003, approving this agreement. To clarify, I believe that the City's maintenance cost is $1,770.00 per year for this railroad location. If this information is incorrect, please advise me immediately. Also, have you billed us for the amount? If not, you may send your invoice to Nanci Denny, Purchasing Agent, at our address listed below or you may call her at (954) 924-3674 to make arrangements for faxing the invoice. We left the front page of all agreement blank for you to fill in the date upon completion of the execution by Florida Department of Transportation and Florida East Coast Railway LLC. Please contact me at (954) 924-3622 if you need any further information in order to proceed with execution of these agreements. In addition, please forward a fully executed agreement to me upon completion. Sincerely, h � � . e Joh son, CIVIC City Clerk Enclosures (3) "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us CITY OF DANIA BEACH MEMORANDUM TO: Ivan Pato, City Manager CC: Michael Sheridan, Public Works/Utilities Director Pat Varney, Finance Director Diane Hickman, FDOT Special Projects Coordinator FROM: Tom Ansbro, City Attorney DATE: January 21, 2003 ® RE: January 28, 2003 Commission Meeting Agenda Item; Proposed FDOT Railroad Crossing Agreement (FEC Railroad; Crossing at West Dania Beach Blvd.) Attached are copies of letters and documents sent to Mr. Sheridan and to me by FDOT Special Projects Coordinator Diane Hickman, relating to a proposed Railroad Crossing Agreement. The reason explaining the need for the new Agreement and the history regarding the existing 1976 Agreement (between the City and the Florida East Coast Railway) are discussed in her December 18, 2002 letter. The current (1976) Agreement provided for a "50/50" split of both the installation and maintenance costs of the crossing equipment. The new Agreement, which is intended to substantially upgrade and improve the crossing equipment, only requires that the City continue to pay one-half of the maintenance costs (therefore, no installation costs are required to be contributed by the City). The 1976 Agreement's maintenance costs borne by the City were $615.00 per year, adjusted annually. The new City "share" is $1,750.00 for annual maintenance. This is ready for City execution after adoption of an authorizing Resolution. Please authorize the City Clerk to agenda this for the January 28, 2003 Commission meeting agenda. 566.028 TJA:slw «'EISS SEROTA .IIELFMAN PASTORIZA & GUEDES, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 Telephone (954) 763-4242 Telecopier (954) 764-7770 CONFIDENTIAL TO: Charlene Johnson Fax: 954-921-2604 FROM: Suzie COMMENTS: Following are the attacbments referred to in the memo that I sent to you earlier via e-mail re the railroad crossing issue. • The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the indMdual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited_ If you have received this communication in error, please notify us immediately by telephone collect and return the original message to us at the above address via the U. S.Postal Service. We will reimburse you for postage.Thank you. FILE NO.: 566,028 DATE: January 22, 2003 NUMBER OF PAGES INCLUDING COVER SHEET: 23 PLEASE :NOTIFY US IAENIEDIATELY IF NOT RECEINTI) PROPERLY Florida Department of Transportation JEB BUSH[ OFFICE OF MODAL DEVELOPMENT GOVERNOR 3400 WEST COMMERCIAL BOULEVARD THONIAS F.BARRV,JR. FORT LAUDERDALE, FLORIDA 33309-3421 SECRETARY TELEPHONE: (954) 777.4490; FAX: (954) 677-7392; Toll-Free: (866) 336-8435 December 18, 2002 Mr. Tom Anespro 3107 Sterling Road, Suite 300 Ft_ Lauderdale, Florida 33312 Dear Mr. Anespro: FM No.: 414291-1-57-01 FAP No.: OOS4-002 Location: Dania Beach Blvd. Ref: County: Broward Crossing No.: 272574-P RR MP: 345.94 Signal Safety Project for the Year 2002-2003 The Department of Transportation proposes to relocate signal equipment and cabinet away from the roadway at the above location. The Agreement for this proposed work was sent to the City of Dania on November 14, 2002. Please have this Agreement executed and returned to our office as soon as • possible. Attached is a copy of the July 13, 1976 Agreement between Florida East Coast Railway, LLC and the City of Dania as you requested. Please refer to Paragraph 4 for explanation of costs of materials and installation of crossing gates to be incurred by the City of Dania in accordance with the Florida Department of Transportation's rules and regulations. In addition, please refer to Paragraph 5 for costs to be incurred by the City of Dania for keeping the crossings in good and safe condition. Should additional information or a meeting with Department representatives be needed, please call iT,e at (954) 777-4499. Sincerely, Dianne Richman AttachmentSpecial Projects Coordinator Cc: Nancy A. .Bungo, Modal Development Administrator Larry Merritt, Modal Transportation Manager File PFr YCl Fl?FA-FR Florida Department of Transportation JIB BUSH OFFICE OF MODAL DEVELOPMENT THOMAS F.BARRY,JR. GOVERNOR 3400 WEST COMMERCIAL BOULEVARD SECRETARY FORT LAUDERD.4LE, FLORIDA 33309-3421 TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; Toll-Free: (866) 336-8435 November 14, 2002 / Mr. Michael Sheridan Director of Public Works and Utilities G ( CC City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Dear Mr. Sheridan: FM No. 414291-1-57-01 FAP No. OOS4-002 Location: Dania Beach Blvd, Ref County: Broward Crossing No. 272574-P RR MP 345.94 Signal Safety Project for the Year 2002-2003 The Department of Transportation proposes to have Automatic Grade Crossing Traffic Control Devices installed at the above location. The project is scheduled for completion of negotiations as soon as possible. . The project under this contract shall be performed in accordance with the provisions of the Federal Highway Administration's Federal.-Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart 1, as required. Please execute and seal all 3 original copies and City Resolution provided, and return all originals to this.office, attention Dianne Hickman. When all parties have executed all copies, I will return 1 original to your office for your files. Should additional information or a meeting with department representatives be needed, please call me at (954) 777-4499. Sincerely, Dianne Hickman Attachments Special Projects Coordinator Cc: Nancy A. Bungo, Modal Development Administrator Larry Merritt, Modal Transportation Manager File • RECYCLED PAPER A VR E E N4 E N T 'THIS AGREEMENT made and entered into in duplicate this day of 1976, by and between Florida East. Coast Railway Company, a Florida corporation, hereinafter called "RAILWAY" and the City of Dania, a municipal corporation of the State of Florida, hereinafter called "CITY"; :` W I T .N E S S WHEREAS, there presently exists in! tie City of` Dania at-grade crossings on the RAILWAY's. right of way at: (1) Northwest First, :Street (Florida East Coast Railway Company's Mile P6st, 345 plz 4288 feet) , (2) West Beach boulevard (f ii le- Post 345 plus. 4962 feet) , `and (3) 5outhwes t.Second Street ,(a/k/a as S ti rl i ng Road) (Mile Post 346 + 1039 felt), and k ' WHEREAS,' the CITY and RAILWAY' desire to ,imp ,Ye the sigiialization' and in- stall ' crossing gates at the efarementioned cros4i�tgs, NOW THEREFORE, in eons ideration. 'of the benefits to 'he received, the parties herein agree as follows: 1 . That any present agreements now in .effectc'ouering. 'the� aforementioned crossings shall remain i p . p n effect, exce t for those rovisi.ons 'of. the contracts . which are inconsistent with this agreemert 2e Upon' the signing of this agreement' by both, parties,. including an appropriate resolution by the City to enter into this agreement; the Railway agrees to promptly furnish the necessary T4terials and `automatic crossing gates. with lights and .bells at the three 'aforementianed crossings.1n 'Accordance' with.' the F1ari da. Department of Transportation's rules_, and regul ations and,to do so in a workmanlike manner, 3,. 'The' estimate of, costs for -the installation of these devices is 'attached hereto as Exhibit,' P1V . ; a. The-expense of the materials and installation of these g ate s lights and ..bells_ wiil "be borne equally.by''the City 'and the RAILWAY, each being responsible ,. ® for Fifty Percent ($0%) of the actual costs .incurred: All such costs5shali be paid by the RA.. ILWAY initially and then. Fifty Percent (50%). of the total actual , costs will be billedby the RAILWAY'directly to the CITY. , The CITY will reimburse the Railway for its share of the expense by payment `df Five Thousand Dollars ($5,000:0Q) within, ninety (90) days of completion of the aforementioned crossing r, protection devices, and issue notes at the time of execution of this agreement for the remaining balance payable to the RAI•LWAY*in five J 5) ' ( equal annual payments with Eight Percent (8%) interest' applying*' .to the unpaid balance, the first payment being due one (1) year after the execution of the notes. It is expressly agreed that in the event RAILWAY shall institute and preva{,l in arty' action' or suit for the collection of any monies due under this. provision, CITY will pay the RAILWAY a reasonable attor- ney fee, covering such action. It is further agreed that,should, sales or use tax �pply to an y provision of this` cnntract, such sales or u5e w tax will be paid by the CITY. The CITY shall have the ri ht 'ot prepayment with out;penalty.> 5. Upon the installation of the gates, lights and bells. at the aforementioned crossings, the expense and maintenance- costs of keeping 'the crossings in good and safe condition will be borne equally by the Railway and the City, each,to pay 50% Of the total expense.. The expense shall be figured annually and be the then current maintenance cost specified by the 'Florida Department of. Transportation Formulas The current annual -cost specified by, the Florida Department of Trinspor-tation Formula for flashing lights, gates and bells on doubt"e track is $1230.00 per crossing. . It shall be- the responsibility of, the Railway to maintain"the signals in a-safey condi Lion, and the City shall notify the Railway of` any''unsafe. conditlon of which it is: aware. ,^ tIN WITNESS WHEREOF, the partfes here'to'have.caused' these presents to' be duly ecuted in duplicate under seal the day and year first herein writte6.' Signed, sealed ,and delivered FLORIDA FAST COAST R4-ILWAX COMPANY in the presence of: 6 /d sy AL rest en s to CITY .OF AANIA BY FAL . I As to he City s , ® EXSCMOrr .r. ----------------- ` �Y.AVJ DEYA2iTMFiN'T �.. APPROVE FOR FORM AND CORR£CTIVENE `'! ���� By SS yrcr. City Attorney Gty of Dania w( , F . . ',✓ . al r' t _.