HomeMy WebLinkAboutDocumentation_Regular_Tab 10I_1/13/2000 RESOLUTION NO. 37-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AUTHORIZING A BLANKET LICENSE
AGREEMENT, BY AND BETWEEN FLORIDA EAST
COAST RAILWAY COMPANY AND THE VILLAGE OF
TEQUESTA, AND AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE THE APPLICABLE AGREEMENT
ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS :
Section 1 . A Blanket License Agreement by and between
the Florida East Coast Railway Company and the Village
of Tequesta, attached hereto as Exhibit "A" and
incorporated by reference as part of this Resolution
is hereby approved and the Village Manager of the
Village of Tequesta is authorized to execute the same
on behalf of the Village .
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember , who moved its adoption.
The motion was seconded by Councilmember
, and upon being put to a vote, the
vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly
passed and adopted this 13th day of January, A.D. ,
2000 .
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MAYOR OF TEQUESTA
Carl C. Hansen
ATTEST:
Joann Manganiello
Village Clerk
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THIS BLANKET LICENSE AGREEMENT,made and entered into,in duplicate,this 1st day
of February A.D., 2000 by and between FLORIDA EAST COAST RAILWAY COMPANY,
hereinafter called"Railway"and VILLAGE OF TEQUESTA,a political subdivision of the State of Florida, 136 Bridge
Road,Tequesta,Florida 33469,hereinafter called "Licensee",
WITNESSETH:
WHEREAS,the Licensee has heretofore constructed and now maintains overhead and subgrade appliances
and fixtures crossing on and across the Railway's right of way and over and under the tracks and facilities of the Railway
at points listed on the schedule marked"Schedule A" attached hereto, and
WHEREAS,the Licensee may desire in the future to construct and maintain additional crossings using certain
pipes,poles, guys, anchors,suspension lines for the same,all of which are sometimes hereinafter called"appliances",
"fixtures", or"facilities" on and across the right of way and over and under the tracks of the Railway from time to time
at other points along the right of way of said Railway,and
WHEREAS,both parties hereto are desirous of entering into an agreement which shall cover the terms upon
which such crossings have heretofore been and may hereafter be made,
NOW THEREFORE, the Railway, for valuable consideration and the covenants and agreements of said
Licensee hereinafter set forth,does hereby give to Licensee the right and privilege to construct,install and maintain said
appliances, fixtures, facilities or crossings on and across Railway's right of way and over and under the tracks and
facilities of said Railway at the points listed on the schedule marked"Schedule A"attached hereto and by this reference
made a part hereof,and at such other points along its line of railroad that may be hereafter requested in advance of any
construction or installation by the Licensee and subject to the approval of the Railway,upon the following terms and
conditions, to-wit:
1. Whenever the Licensee shall desire to construct,modify,or maintain said appliances,fixtures,facilities or
crossings,it shall make written application to the Railway, as per attached form,in duplicate,together with twenty(20)
prints of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be
mailed to the Director, Industrial Development and Real Estate, Florida East Coast Railway Company,P.O. Drawer
1048,St.Augustine,Florida 32085-1048, along with check made payable to Florida East Coast Railway Company to
cover applicable non refundable application fee.
2. Plan shall show all information for carrier pipe and casing pipe, if used, and angle of crossing, Railway
survey station, or distance to nearest mile post,right of way lines,tracks and all other Railway facilities near point of
crossing. Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe,
proposed method of installation, and location of jacking pit, which shall not be closer than thirty(30) feet from the
center of nearest track. Open-cut method of installation through Railway's roadbed will not be permitted.
3.It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing
installation shall be marked by the erection of a suitable monument located on each side of the Railway's right of way.
4. The Railway shall, in writing,notify the Licensee whether it has any objections to the proposed crossing
work and if so,shall specify the same,in which event,no crossing work shall be commenced by the Licensee hereunder
until it receives the written approval of the Railway. If the Railway finds no objections to said crossing work,it will
so notify the Licensee and the Licensee shall be permitted and allowed to commence the crossing work proposed.
County: Palm Beach Contract Type: 43 Department File Reference: 281-1-0
281-1-0.BLKAGM
5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good
and workman-like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway.
Within 30 days after completion of construction or installation,Licensee shall submif to Railway a complete and detailed
set of"as-built"plan and profile drawings and further,shall certify in writing that fixture has been installed in substantial
conformance to the plan attached to the application.
6. The Licensee shall construct and maintain all appliances or fixtures crossing over, under or across the
Railway's tracks and right of way, in conformity with Railway's specifications, together with such other laws and
regulations as may be applicable.
7. If any crossings hereunder consist of a pipe or conduit to extend under the tracks of the Railway,the same
shall be located not less than 5.5_feet using Jack&Bore method and 10 feet using Directional Bore method below the
bottom of ties in such tracks,and properly safe-guarded as may be necessary or as required by Railway.If it is a wire
line to extend over the tracks of the Railway, the same shall be located not less than 43 feet above the rails wit}}.
additional clearances at certain locations as prescribed by Railway. The poles carrying such wires shall be double-
bracketed and of good and sufficient quality and size for purpose intended and located as hereinafter designated by the
Railway. All poles must be securely planted and fastened so as to prevent the same from falling on the tracks or other
property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located
upon any of the Railway's property without its prior written permission.
8. In addition to the other terms of this agreement,any subgrade or above grade crossing of the Railway's right
of way is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE
CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast
Railway Company,the terms and conditions of which are incorporated herein by reference.
9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law.
Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any
communication or signal lines of the Railway or any licensed communication utility on the right of way of Railway,
Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such
crossed or adjacent signal lines or communication lines, and in such event,Licensee shall adopt,use and maintain the
best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive
interference.
10. That Licensee shall and will cause due notice,and in no event less than forty-eight(48)hours,excluding
Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone
claiming under Licensee,proposes to enter upon or cross the tracks,roadbed or other property of the Railway with such
crossings or for excavations therefor,in order that proper protection may be provided for trains. If Railway shall object
to the notice as too short,or that the work has not therefore been authorized in writing by Railway,then no such work
shall be commenced until approval is obtained in writing from Railway.
11. That said appliances,fixtures,facilities or crossings of the Licensee shall not at any time interfere with or
endanger the track,roadbed, or other property of the Railway,or the operations,maintenance or improvements of the
Railway,or of any other party thereon; and Licensee shall at its own expense, on notice from said Railway,forthwith
change, improve or repair such appliance or fixtures as may be prescribed by said Railway.
12. Should the provisions contained herein cause any change or alterations in the location or arrangement of
the wires,poles,appliances, fixtures or facilities of the Railway or the wires poles, appliances,fixtures or facilities of
any licensed communication utility on the right of way of Railway,the cost of such alternations or re-arrangements shall
be paid by the said Licensee.
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281-1-O.BLKAcn1
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13. Licensee agrees that if, by reason of any changes or additions made at any time by the Railway in its
tracks,right of way,structures and appliances thereon, or property, it becomes necessary to change the location of all
or any part of the said crossings of the Licensee therefor, such changes as are necessary shall be made by Licensee
promptly at the request of the Railway and at sole cost and expense of Licensee.
14. Licensee also covenants and agrees to and shall at all times indemnify,protect and save harmless Railway
its parent, subsidiaries, and affiliates from and against all cost or expense, including attorneys fees, resulting from any
and all losses,damages,detriments,suits,claims,demands,costs and sustain or be subjected to by reason or on account
of the construction,placement,attachment,presence,use,maintenance,repair,alteration,renewal,relocation or removal
of said facilities in,on,about or from the premises of Railway whether such losses and damages be suffered or sustained
by the Railway directly or by its employees, patrons, or licensees, or be suffered or sustained by other persons or
corporation, including the Licensee, its employees and agents who may seek to hold Railway liable therefor, and
WHETHER ATTRIBUTABLE TO THE FAULT,FAILURE OR NEGLIGENCE OF RAILWAY OR OTHERWISE.
However, Licensee shall not be required to indemnify Railway from any such cost or expense arising from the willful -
or intentional acts of Railway.Notwithstanding anything to the contrary contained in this agreement,no provision herein
is intended or shall be construed as a waiver of sovereign immunity beyond the provisions of §768.28,Florida Statutes. ,
15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in
supervising,protecting and restoring the property of the Railway by reason of operations of Licensee.
16. Commencing with the initial term of this Agreement,Licensee shall pay in advance unto Railway for each
year or fraction thereof, of the life of said crossings or other facilities, the applicable sums as listed on Schedule "A"
attached hereto and made a part hereof.The applicable license fees listed on Schedule"A"shall be increased each year
on the anniversary date of the agreement,commencing on the anniversary date of the year February 1,2001,if renewed
annually,by the product of the annual fee in effect for the proceeding year multiplied by one hundred percent(100%)
of the percentage increase in the Consumer Price Index(CPI). The base CPI will be the CPI for the month of the year
• preceding the effective anniversary date by ninety (90) days. The "CPI" shall mean the Consumer Price Index
(1967=100),issued by the Bureau of Labor Statistics of the U.S.Department of Labor.
17. In the event any other appliances,fixtures or facilities or crossings upon or across the right of way of the
Railway shall hereinafter be found to exist as of the date hereof, although not shown on Schedule attached hereto, or
to have been added during the life of this agreement, such appliances,fixtures or facilities or crossings upon or across
the right of way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the
crossings or other facilities shown on the attached Schedule and all the terms of this agreement shall apply to such
additional wire line facilities.
18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee
without prior written consent of the Railway having been first obtained.
19. Licensee waives and relinquishes any legal rights and monetary claims which it might have against Florida
, East Coast Railway Company for full compensation, or damages of any sort, including but not limited to special
damages; severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the
licensed property specified in this Agreement whether such property is taken by eminent domain proceedings or sold
under the threat thereof.
20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not
perform any work on Railway's property without having a railroad watchman present at all times work, hereunder is
being performed, if one is deemed to be necessary by the Railway's Chief Engineer or other designated Company
official;further,that Licensee covenants that it will include in any contract which it lets for the whole or any part of the
said work to be performed hereunder by or for the Licensee,each and every of the following terms and conditions of
the page attached hereto and made a part hereof entitled, "INDEMNITY OF FLORIDA EAST COAST RAILWAY
COMPANY AND INSURANCE REQUIREMENTS".
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281-I-0.BLKAGM
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21. In the event Licensee shall default in the performance of any of the covenants contained in this agreement
to be kept and performed by Licensee,and such default shall continue for ten(10)days after written notice thereof shall
have been given by the Railway to the Lessee,then at the option of the Railway, the license hereby granted may be
declared forfeited as to the crossing or crossings or other facilities where such default occurred and thereupon all rights
of the Licensee shall cease, as to such crossing or crossings or other facilities and Licensee will, at its own expense,
remove said wire or pipe lines from the property of the Railway at such crossing or crossings,or other facilities. In the
event of failure of Licensee to do so,the Licensee will promptly reimburse the Railway for its cost of doing the same.
22. This agreement shall cancel and supersede all other contracts and agreements heretofore made between
the Railway, and former Trustees of its property, on the one part, and the Licensee and all other predecessors and
subsidiaries of the Licensee,on the other part,covering all crossings, appliances,fixtures or facilities presently on or
across the right of way of the Railway,as listed on Schedule"A"attached to this agreement.The existing crossings shall
be conclusively held to have been constructed under equivalent terms and conditions as those herein, and shall be
maintained under the terms of this agreement.
23. Either party hereto shall have the right to cancel this agreement as to any one or more of the existing
crossings, appliances, fixtures or facilities as shown on the attached Schedule or to any future crossings, appliance .
fixtures or facilities at any time upon thirty(30) days'notice in writing to the other party.
24. This agreement shall be for a term of one(1)year and shall be automatically renewed for additional terms
of one (1)year subject to the terms and conditions herein contained. PROVIDED ALWAYS,that this agreement shall
be subject to cancellation during the initial term or of any renewal term,in the manner provided herein in Paragraph No.
23.
25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none
of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing
and no alleged verbal waiver or modification shall be binding under any circumstances.
26. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or
other charges or any nature whatsoever shall be levied or made against the Railway or against its property on account
of the installation or existence of Licensee's facilities at this location.
27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the
Licensee under the terms of this agreement which are not paid within 30 days of presentation of bills for same by the
Railway shall bear interest at the rate of twelve percent(12%)per annum from the date of presentation of the bill until
same shall be paid.
28. This Agreement shall be construed in accordance with the laws of the State of Florida.
29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and
each acknowledges and affirms that no promises, agreements,representations,terms or conditions other than contained
and set forth in this Agreement, either express of implied,have been made or relied upon.
30. RAILWAY AND LICENSEE HEREBY KNOWNGLY,VOLUNTARILY AND INTENTIONALLY
WAIVE THE RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION
BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT.THE PARTIES SPECIFICALLY AGREE TO VENUE IN ST.JOHNS COUNTY,FLORIDA.
31. In the event of litigation between the parties in connection with this Agreement,the prevailing party shall
be entitled to a reasonable attomey's fee.
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
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281-1-0.BLKAGM1
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IN WITNESS WHEREOF,the parties hereto have caused these presents to be duly executed in duplicate the
day and year first herein written.
•
Signed, sealed and delivered FLORIDA EAST COAST RAILWAY
in the presence of: COMPANY,a Florida corporation,
By::
Executive Vice President
Attest (seal)
Witnesses as to Railway Assistant Secretary
•
Date of Execution:
VILLAGE OF TEQUESTA,
a political subdivision of the State of Florida.'.'•'•
s�$y:
/
�,�{.7 Official Title
A, (i�Vimesses as to Licensee
•'Deputy Clerk
ate of Execution:
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Village of Tequesta Report Date
•:A.
V0090 Mr. Matthew Morrison Utilities Director Schedule "A" - Blanket Utility License 281-1-0 01-Dec-99
136 Bridge Rd P.O. Box 3273 Blanket Anniversary Date 2/1/00
w Tequesta FL 33469
0.ABeginning on Anniversary date in year indicated
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sv 4. FILE Date of Agreement Milepost Length Rate County 1999 2000 *2001 *2002
N 281-1-3 1/21/76 280+ 4676 208 W3 Palm Beach 20.00 624.00
-�"
2.., 18"c.i.p.water main in 30"stl casing at County Linc Rd
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%` 281-1-3 7/9/69 280+ 4688 208 W2 Palm Beach 20.00 572.00
8"water main at County Line Rd
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a 281-1-5 7/12/84 281 + 415 200 W3 Palm Beach 20.00 600.00
I.n 12"water main in 30"stl casing
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281-1-4 2/1/75 281 + 3240 200 W2 Palm Beach 20.00 550.00
•
8"raw water transmission main 835'it/o Tcqucsta Dr
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283-20 1/16/58 281 + 4162 200 WI Palm Beach 20.00 250.00
i,. 10"water main s/o•1'equcsta Dr
; * Increase Based on CPI Number of Records 5 $100.00 $2,596.00
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INDENINITY OF FLORIDA EAST COAST RAILWAY COMPANY
AND INSURANCE REQUIREMENTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter
indemnify, defend and save harmless the Florida East Coast Railway Company from and against all
judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer,
sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction
contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing description,
employees and officers pf.Florida East Coast-Railway Company, employees and officers of materialmen,
employees and officers of the Contractor, employees and officers of all subcontractors, and from loss,
damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway
Company has any ownership interest, and (b) personal property in the custody of Florida East Coast
Railway Company under any transportation contracts; including without limitation upon the generality of
the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the
contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure
and keep in effect comprehensive general liability insurance in the limits of 32,000,000.00 each occurrence
for bodily injury or death and 32,000,000.00 property damage each occurrence, covering all obligations of
Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement. Alternatively,
Contractor may procure and keep in effect during the life,pf this construction contract, as aforesaid,
Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages
with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the. Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company
authorized to do business in the State of Florida that has a "Best's" rating of A or A= and a financial
``'.,category size of Class XII or higher.
•
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OFFICE OF CHIEF ENGINEER
GENERAL SPECIFICATIONS FOR SUBGRADE AND
ABOVE GRADE UTILITY CROSSINGS OF RAILWAY'S RIGHT OF WAY
I. GENERAL PROVISIONS •
A. A plan and profile drawing containing all pertinent details for the proposed crossing shall be submitted to the
Office of the Chief Engineer for approval 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 accompanied with a letter signed by the owner,company official, or government
agent.
D. The 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. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for
and during construction.
II. SUBGRADE PIPELINE AND CABLES (Also see Addendum, p. 4)
A. All subgrade carrier pipelines and wirelines will be installed within a casing pipe.
1. All casing pipes will extend from right of way line to right of way line.
2. The Railway will not permit casing installation by open-cut method through the roadbed.
B. Application will be accompanied with plans showing profile in relation to actual ground. track,and other facilities
at the project site.
1. T'ne method of installation will be detailed including the location of jacking pit as measured from
centerline of near track.
2. The casing pipe must be installed at least 5.5 feet below bottom of tie.
3. Jacking pit location must be at least 30.00 feet from centerline of near track for pit down to 20 feet
below grade. The pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the
Railway's roadbed. Barricades and lights will be set around the pit for protection.
C. Casing Pipe Specifications are as foilows:
1. Casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 3.0 inch diameters
must be galvanized and meet standard weight ASTM Specifications A53, Grade B. Thread coupling is
allowed.
2. Casing pipe 6.0 and 3.0 inch diameters may be used complying with C-3.
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3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by a
black bituminous coating for protection against corrosion. Wall thickness shall be as follows:
DIAMETER (inches) THICKNESS(inches/
6- 16 1/4
18-20 5/16
22-24 3/8
26-28 7/16
30-34 �I
36-38 9/16
40-48 • 5/8
52-56 11/16
60-66 • 3/4
72-78 13/16 •
84-90 7/8
96-102 15/16
108-114 1
120 1-1/8
4. All casing pipe joints will be welded in accordance with AISC Specifications,Section 1-7-2. All
joint welds will be full penetration.
5. At no time will construction interfere with the normal and safe operation of the Railway. No
construction, manpower, or equipment will enter the right of way beyond safety clearance limits of 20.0
feet from the centerline of near track.
6. All casing pipe installations where the diameter is greater than 43 inches will require a
preconstruction conference at the project site.
•
7. Preconstruction arrangements will be made with the office Chief Engineer at least one week prior to
construction. A Railway inspector must be present during the entire construction of the casing pipe.The
inspector will have complete authority over the project on the Railways right of way.
8. All costs to provide inspection will be borne by the lessee.
D. Tunnel 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-80 Railway Loading using applicable formulae and computations
performed by a registered professional engineer. The computation 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.
5. The tunnel liner jacking shield will protect 130 degrees of the upper section and material removed to
allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden.
6. The tunnel liner installation will progress with sufficient manpower and supervision for around the
clock construction until the liner is completed.
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E. Carrier pipeline specifications are as follows: ==•
1. Reinforced Concrete Pipe
a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASTM
Specification C76 Class IV for Railway strength pipe or current specification for
prestressed concrete pipe.
b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint
Pipe Company Specification on SP5,or equivalent. Joints for bell and spigot and tongue and
groove pipe to be in accordance with current standard practice. Joints may be made using
confined continuous rubber gasket.
2. Cast Iron Pipe
•
a. Materials: Pipe must conform to current ASTM Specification A 142 for"Stftnnrd Pipe."
b. Joints: Bell and spigot,caulked with lead and oakum,or an approved mechanical type.
3. Polyethylene Pipe
a. Materials: Pipe must conform to current ASTM Specifications D2104, Schedule 40, for
standard pipe.
4. Steel Pipe
a. Materials: Pipe must conform to current AST?I Specification 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 psi shall have the ends of the casing pipe sealed after
installation.
G. Carrier pipe with an internal pressure of 30 psi or more shall have the casing pipe open at the ends if local
conditions permit water from leaks to discharge into drainage ditch or manhole. 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 oice shall have a minimum inside diameter of
6_0 inches greater that the maximum outside diameter of the carrier pipe, including bell ends or flanges.
H. Uncased high pressure gas pipe line crossings will be permitted provided they comply with the requirements
of Chapter One, Part 52,"Specifications for Uncased Gas Pipe Line within the Railway Right of Way", as is
contained in the"Manual for Railway Engineers"(1993), issued by the American Railway Engineers
Association. In the event of conflict the provisions of the-General Specifications for Subgrade and Above Grade
Crossings of Railway's Right of'Nay"shall govern.
III. ABOVE GRADE STRUCTURES
A. All applicable preceding sections will govern the installation.
B. Minimum clearance of 23 feet 6 inches 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. ABOVE GRADE WIRELINES
A. All power 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 must be provided for each KV in excess of 50 KV.
B. All power lines and cables lying within a highway 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 clearance must be provided for
each KV in excess of 50 KV.
C. All cable will provide a minimum 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 must clear the tip of the gate are by a
minimum of 6.0 feet when the gate are is in the raised position. t.-
E. Should the Railway add crossing gates to grade crossing protection, wirelines or cables shall be raised
immediately on notice and at the sole cost and expense of the lessee.
F. All applicable preceding sections will govern the installations.
V. MISCELLANEOUS
A. Cathodic protection of pipelines, cables, or casings.
1. When cathodic protection is provided, it shall be installed so as not to induce currents which will
interfere 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 10 feet of horizontal clearance to the base of the
signal/crossing gates.
SPECIFICATIONS ADDENDUM
JULY 1995 '
FOR DIRECTIONAL BORE INSTALLATIONS:
1. 10 foot minimum cover from top of the tie(beneath track structures) to top of bored pipe.
2. 4 foot minimum cover from ground level to top of bored pipe when outside of track structures.
Last revised November 14, 1995
ENGSPECS.RCV .t
DO NOT REMOVE FROM AGREEMENT
INSTRUCTIONS
1. Kindly have the appropriate authority sign ALL copies of the agreement on Page
where indicated by check marks. Execution on behalf of the City/County should be
accomplished by the authorized authority of the City or County. City Manager/County
Administrator should attest the agreement and indicate date of execution.
2. Have two (2) separate persons witness the signatures to the left thereof, AFFIXING
THE CITY/COUNTY SEAL.
3. Please verify the name and address on Page 1, making any necessary corrections,
however, DO NOT alter or add to the provisions of this document. If, for any reason,
you cannot execute same in its present form, kindly return to the undersigned with your
comments in writing.
•
4. DO NOT INSERT EFFECTIVE DATE OF AGREEMENT ON PAGE 1.
5. Return ALL copies of the agreement to this office together with Resolution adopted by
City/County, authorizing execution and acceptance of agreement. When completed, one
fully executed copy of the agreement will be returned to you for your files upon
completion of execution.
6. Also attached is Lease/License Tenant Information Sheet that must be filled out
completely and returned with executed agreements prior to lease/license
execution by Railway.
7. Failure to execute the agreement exactly as indicated above will result in rejection by our
Law Department and require resubmission for proper execution.
File: _
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FEC RAILWAY TENANT INFORMATION SHEET
COtMPLETION REQUIRED FOR LEASE/LICENSE EXECUTION
,MAIN OFFICF:
Company Name:
Address:
Phone No.:
E-Mail Address:
Owner/President:
Corporate Status' ID No.:
Contac:Person/Title.'Phone No.:
Billing Address:
Billing Contac:Person: Title ?!;one No.:
•
j FASF ciTF I OCATTflN:
(N/A if same as above)
Company Name:
Address:
t
Phone No.:
E-Mail Address:
Manager:
Contac:Person: Title ?`;one No.:•
•
THIS BLANKET LICENSE AGREEMENT,made and entered into,in duplicate,this 1st day
of February ` A.D., 2000 by and between FLORIDA EAST COAST RAILWAY COMPANY,
hereinafter called"Railway"and VILLAGE OF TEQUESTA,a political subdivision of the State of Florida, 136 Bridge
Road,Tequesta,Florida 33469,hereinafter called"Licensee",
WITNESSETH:
WHEREAS,the Licensee has heretofore constructed and now maintains overhead and subgrade appliances
and fixtures crossing on and across the Railway's right of way and over and under the tracks and facilities of the Railway
at points listed on the schedule marked"Schedule A"attached hereto,and
WHEREAS,the Licensee may desire in the future to construct and maintain additional crossings using certain
pipes,poles,guys,anchors,suspension lines for the same,all of which are sometimes hereinafter called"appliances",
"fixtures",or"facilities" on and across the right of way and over and under the tracks of the Railway from time to time
at other points along the right of way of said Railway,and
WHEREAS,both parties hereto are desirous of entering into an agreement which shall.cover the teram upon •
which such crossings have heretofore been and may hereafter be made,
NOW THEREFORE, the Railway, for valuable consideration and the covenants and agreements of said
Licensee hereinafter set forth,does hereby give to Licensee the right and privilege to construct,install and maintain said
appliances, fixtures, facilities or crossings on and across Railway's right of way and over and under the tracks and
facilities of said Railway at the points listed on the schedule marked"Schedule A"attached hereto and by this reference
made a part hereof,and at such other points along its line of railroad that may be hereafter requested in advance of any
construction or installation by the Licensee and subject to the approval of the Railway,upon the following terms and
conditions,to-wit:
1. Whenever the Licensee shall desire to construct,modify,or maintain said appliances,fixtures,facilities or
crossings,it shall make written application to the Railway,as per attached form,in duplicate,together with twepty(20)
prints of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be
mailed to the Director,Industrial Development and Real Estate,Florida East Coast Railway Company,P.O. Drawer
1048,St.Augustine,Florida 32085-1048,along with check made payable to Florida East Coast Railway Company to
cover applicable non refundable application fee.
2. Plan shall show all information for carrier pipe and casing pipe, if used, and angle of crossing,Railway
survey station,or distance to nearest mile post,right of way lines,tracks and all other Railway facilities near point of
crossing. Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe,
proposed method of installation, and location of jacking pit,which shall not be closer than thirty (30) feet from the
center of nearest track.Open-cut method of installation through Railway's roadbed will not be permitted.
3. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing
installation shall be marked by the erection of a suitable monument located on each side of the Railway's right of way.
4. The Railway shall,in writing,notify the Licensee whether it has any objections to the proposed crossing
work and if so,shall specify the same,in which event,no crossing work shall be commenced by the Licensee hereunder
until it receives the written approval of the Railway. If the Railway fords no objections to said crossing work,it will
so notify the Licensee and the Licensee shall be permitted and allowed to commence the crossing work proposed.
County:Palm Beach Contract Type: 43 Department File Reference:281-1-0
2S1-1-O.BLKAGMM
5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good
and workman-like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway.
Within 30 days after completion of construction or installation,Licensee shall submit to Railway a complete and detailed
set of"as-built"plan and profile drawings and further,shall certify in writing that fixture has been installed in substantial
conformance to the plan attached to the application.
6. The Licensee shall construct and maintain all appliances or fixtures crossing over, under or across the
Railway's tracks and right of way, in conformity with Railway's specifications, together with such other laws and
regulations as may be applicable.
7. If any crossings hereunder consist of a pipe or conduit to extend under the tracks of the Railway,the same
shall be located not less than 5.5_feet using Jack&Bore method and 10 feet using Directional Bore method below the
bottom of ties in such tracks,and properly safe-guarded as may be necessary or as required by Railway.If it is a wire
line to extend over the tracks of the Railway, the same shall be located not less than 43 feet above the rails with
additional clearances at certain locations as prescribed by Railway. The poles carrying such wires shall be double-
bracketed and of good and sufficient quality and size for purpose intended and located as hereinafter designated by the. -
Railway.All poles must be securely planted and fastened so as to prevent the same from falling•on the tracks or other
property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located
upon any of the Railway's property without its prior written permission.
8. In addition to the other terms of this agreement,any subgrade or above grade crossing of the Railway's right
of way is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE
CROSSINGS OF THE RAILWAY'S RIGHT OF WAY"issued by the office of Chief Engineer, Florida East Coast
Railway Company,the terms and conditions of which are incorporated herein by reference.
9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law.
Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any
communication or signal lines of the Railway or any licensed communication utility on the right of way of Railway,
Licensee shall at all times prevent interference in any way with the construction,maintenance, or operation of such
crossed or adjacent signal lines or communication lines,and in such event,Licensee shall adopt,use and maintain the
best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive
interference.
10. That Licensee shall and will cause due notice,and in no event less than forty-eight(48)hours,excluding
Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone
claiming under Licensee,proposes to enter upon or cross the tracks,roadbed or other property of the Railway with such
crossings or for excavations therefor,in order that proper protection may be provided for trains. If Railway shall object
to the notice as too short, or that the work has not therefore been authorized in writing by Railway,then no such work
shall be commenced until approval is obtained in writing from Railway.
- -, , 11. That said appliances,fixtures,facilities or crossings of the Licensee shall not at any time interfere with or
endanger the track,roadbed,or other property of the Railway,or the operations,maintenance or improvements of the
Railway,or of any other party thereon; and Licensee shall at its own expense,on notice from said Railway,forthwith
change, improve or repair such appliance or fixtures as may be prescribed by said Railway.
12. Should the provisions contained herein cause any change or alterations in the location or arrangement of
the wires,poles,appliances,fixtures or facilities of the Railway or the wires poles,appliances,fixtures or facilities of
any licensed communication utility on the right of way of Railway,the cost of such alternations or re-arrangements shall
be paid by the said Licensee.
2
281-1-O.BLKAGNI
•
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I 13. Licensee agrees that if,by reason of any changes or additions made at any time by the Railway in its
tracks,right of way,structures and appliances thereon,or property,it becomes necessary to change the location of all
or any part of the said crossings of the Licensee therefor, such changes as are necessary shall be made by Licensee
promptly at the request of the Railway and at sole cost and expense of Licensee.
14. Licensee also covenants and agrees to and shall at all times indemnify,protect and save harmless Railway
its parent,subsidiaries,and affiliates from and against all cost or expense,including attorneys fees,resulting from any
and all losses,damages,detriments,suits,claims,demands,costs and sustain or be subjected to by reason or on account
of the construction,placement,attachment,presence,use,maintenance,repair,alteration,renewal,relocation or removal
of said facilities in,on,about or from the premises of Railway whether such losses and damages be suffered or sustained
by the Railway directly or by its employees, patrons, or licensees, or be suffered or sustained by other persons or
corporation, including the Licensee, its employees and agents who may seek to hold Railway liable therefor, and
WHETHER ATTRIBUTABLE TO THE FAULT,FAILURE OR NEGLIGENCE OF RAILWAY OR OTHERWISE.
However,Licensee shall not be required to indemnify Railway from any such cost or expense arising from the willful
or intentional acts of Railway.Notwithstanding anything to the contrary contained in this agreement,no provision herein
is intended or shall be construed as a waiver of sovereign immunity beyond the provisions of §768.28,Florida Statutes.
15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in
supervising,protecting and restoring the property of the Railway by reason of operations of Licensee.
16. Commencing with the initial term of this Agreement,Licensee shall pay in advance unto Railway for each
year or fraction thereof,of the life of said crossings or other facilities,the applicable sums as listed on Schedule"A"
attached hereto and made a part hereof.The applicable license fees listed on Schedule"A"shall be increased each year
on the anniversary date of the agreement,commencing on the anniversary date of the year February 1,2001,if renewed
annually,by the product of the annual fee in effect for the proceeding year multiplied by one hundred percent(100%)
of the percentage increase in the Consumer Price Index(CPI). The base CPI will be the CPI for the month of the year
preceding the effective anniversary date by ninety (90) days. The "CPI" shall mean the Consumer Price Index
(1967=100),issued by the Bureau of Labor Statistics of the U.S.Department of Labor.
17. In the event any other appliances,fixtures or facilities or crossings upon or across the right of way of the
Railway shall hereinafter be found to exist as of the date hereof,although not shown on Schedule attached hereto,or
to have been added during the life of this agreement,such appliances,fixtures or facilities or crossings upon or across
the right of way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the
crossings or other facilities shown on the attached Schedule and all the terms of this agreement shall apply to such
additional wire line facilities.
18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee
without prior written consent of the Railway having been first obtained.
19. Licensee waives and relinquishes any legal rights and monetary claims which it might have against Florida
East Coast Railway Company for full compensation, or damages of any sort, including but not limited to special
damages; severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the
licensed property specified in this Agreement whether such property is taken by eminent domain proceedings or sold
under the threat thereof.
20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not
perform any work on Railway's property without having a railroad watchman present at all times work,hereunder is
being performed, if one is deemed to be necessary by the Railway's Chief Engineer or other designated Company
official;further,that Licensee covenants that it will include in any contract which it lets for the whole or any part of the
said work to be performed hereunder by or for the Licensee,each and every of the following terms and conditions of
the page attached hereto and made a part hereof entitled, "INDEMNITY OF FLORIDA EAST COAST RAILWAY
COMPANY AND INSURANCE REQUIREMENTS".
3
281-1-O.BLKAGM
21. In the event Licensee shall default in the performance of any of the covenants contained in this agreement
to be kept and performed by Licensee,and such default shall continue for ten(10)days after written notice thereof shall
have been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be
declared forfeited as to the crossing or crossings or other facilities where such default occurred and thereupon all rights
of the Licensee shall cease, as to such crossing or crossings or other facilities and Licensee will, at its own expense,
remove said wire or pipe lines from the property of the Railway at such crossing or crossings,or other facilities. In the
event of failure of Licensee to do so,the Licensee will promptly reimburse the Railway for its cost of doing the same.
22. This agreement shall cancel and supersede all other contracts and agreements heretofore made between
the Railway, and former Trustees of its property, on the one part, and the Licensee and all other predecessors and
subsidiaries of the Licensee,on the other part,covering all crossings,appliances,fixtures or facilities presently on or
across the right of way of the Railway,as listed on Schedule"A"attached to this agreement.The existing crossings shall
be conclusively held to have been constructed under equivalent terms and conditions as those herein, and shall be
maintained under the terms of this agreement.
23. Either party hereto shall have the right to cancel this agreement as to any one or more of the existing
crossings, appliances, fixtures or facilities as shown on the attached Schedule or to any future crossings, appliances,
fixtures or facilities at any time upon thirty(30)days'notice in writing to the other party.
24. This agreement shall be for a term of one(1)year and shall be automatically renewed for additional terms
of one(1)year subject to the terms and conditions herein contained.PROVIDED ALWAYS,that this agreement shall
be subject to cancellation during the initial term or of any renewal term,in the manner provided herein in Paragraph No.
23.
25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none
of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing
and no alleged verbal waiver or modification shall be binding under any circumstances.
26. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or
other charges or any nature whatsoever shall be levied or made against the Railway or against its property on account
of the installation or existence of Licensee's facilities at this location.
27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the
Licensee under the terms of this agreement which are not paid within 30 days of presentation of bills for same by the
Railway shall bear interest at the rate of twelve percent(12%)per annum from the date of presentation of the bill until
same shall be paid.
28. This Agreement shall be construed in accordance with the laws of the State of Florida.
29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and
, each acknowledges and affirms that no promises,agreements,representations,terms or conditions other than contained
and set forth in this Agreement,either express of implied,have been made or relied upon.
30. RAILWAY AND LICENSEE HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY
WAIVE THE RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION
BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT.THE PARTIES SPECIFICALLY AGREE TO VENUE IN ST.JOHNS COUNTY,FLORIDA.
31. In the event of litigation between the parties in connection with this Agreement,the prevailing party shall
be entitled to a reasonable attorney's fee.
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
4
281-1-o.BLKAGM
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i IN'WITNESS WHEREOF,the parties hereto have caused these presents to be duly executed in duplicate the
day and year first herein written.
Signed,sealed and delivered FLORIDA EAST COAST RAILWAY
in the presence of: COMPANY,a Florida corporation,
By::
Executive Vice President
Attest (seal)
Witnesses as to Railway Assistant Secretary
Date of Execution: '
VILLAGE OF TEQUESTA,
a political subdivision of the State of Florida.
I V
Official Title
imesses as to Licensee L.,,7
Deputy Clerk
;/Date of Execution:
1
5
281-I-0.BLKAGM
Village of Tequesta Report Date
V0090 Mr. Matthew Morrison Utilities Director Schedule "A" - Blanket Utility License 281-1-0 01-Dec-99
136 Bridge Rd P.O. Box 3273 Blanket Anniversary Date 2/1/00
Tequesta FL 33469
Beginning on Anniversary date in year indicated
FILE Date of Agreement Milepost Length Rate County 1999 2000 *2001 *2002
281-1-3 1/21/76 280+ 4676 208 W3 Palm Beach 20.00 624.00
18"c.i.p.water main in 30"stl casing at County Line Rd
281-1-3 7/9/69 280+ 4688 208 W2 Palm Beach 20.00 572.00
8"water main at County Line Rd
281-1-5 7/12/84 281 + 415 200 W3 Palm Beach 20.00 600.00
12"water main in 30"stl casing
281-1-4 2/1/75 281 + 3240 200 W2 Palm Beach 20.00 550.00
8"raw water transmission main 835'n/o Tequesta Dr
283-20 1/16/58 281 + 4162 200 WI Palm Beach 20.00 250.00
10"water main s/o Tequesta Dr
* Increase Based on CPI Number of Records 5 S100.00 $2,596.00
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Page 1 of 1
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4
INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY
AND INSURANCE REQUIREM_FNTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter
indemnify, defend and save harmless the Florida East Coast Railway Company from and against all
judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer,
sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction
contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing description,
employees and officers of Florida East Coast Railway Company, employees and officers of materialmen,. •
employees and officers of the Contractor, employees and officers of all subcontractors, and from loss,
damage, injury and loss of use of any real or personal property'(a) in which Florida East Coast Railway
Company has any ownership interest, and (b) personal property in the custody of Florida East Coast
Railway Company under any transportation contracts; including without limitation upon the generality of
the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the
contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure
and keep in effect comprehensive general liability insurance in the limits of S2,000,000.00 each occurrence
for bodily injury or death and S2,000.000.00 property damage each occurrence, covering all obligations pf
Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement. Alternatively,
Contractor may procure and keep in effect during the life of this construction contract, as aforesaid,
Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages
with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the. Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company
authorized to do business in the State of Florida that has a "Best's" rating of A or A-±- and a financial
category size of Class XII or higher.
g0.1_4031FLZ3CPAL. T7A S7C' CO.g �T 3 7CY,3,1Y".Z3.Y
C O110DP.$.11TY
OFFICE OF CHIEF ENGINEER
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GENERAL SPECIFICATIONS FOR SUBGRADE AND
ABOVE GRADE UTILITY CROSSINGS OF RAILWAY'S RIGHT OF WAY
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I. GENERAL PROVISIONS
A. A plan and profile drawing containing all pertinent details for the proposed crossing shall be submitted to the
Office of the Chief Engineer for approval 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 accompanied with a letter signed by the owner,company official,or government
agent.
D. The 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. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for
and during construction.
II. SUBGRADE PIPELINE AND CABLES (Also see Addendum, p. 4)
A. All subgrade carrier pipelines and wirelines will be installed within a casing pipe.
1. All casing pipes will extend from right of way line to right of way line.
2. The Railway will not permit casing installation by open-cut method through the roadbed.
B. Application will be accompanied with plans showing profile in relation to actual ground. track,and other facilities
at the project site.
1. The method of installation will be detailed including the location of jacking pit as measured from
centerline of near track.
2. The casing pine must be installed at least 5.5 feet below bottom of tie.
3. Jacking pit location must be at least 30.00 feet from centerline of near track for pit down to 20 feet
below grade. The pit will be protected with adequate sheeting, bulkheads, and sidv.valls to protect the
Railway's roadbed. Barricades and lights will be set around the pit for protection.
C. Casing Pipe Specifications are as follows:
I. Casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 3.0 inch diameters
must be galvanized and meet standard weight ASTM Specifications A53, Grade B. Thread coupling is
allowed.
2. Casing pipe 6.0 and 3.0 inch diameters may be used complying with C-3.
ENG57ECS.REV I
3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by a
black bituminous coating for protection against corrosion. Wall thickness shall be as follows:
PIAMETER(inches) THICKNESS (inches)
6- 16 - 1/4
18-20 5/16
22-24 3/8
26-28 7/16
30-34 y2
36-38 9/16
40-48 . 5/8 •
52-56 11/16
60-66 • 3/4
72-78 13/16 •
84-90 7/8
96-102 15/16
108-114 1
120 1-1/8
P
4. All casing pipe joints will be welded in accordance with AISC Specifications,Section 1-7-2. All
joint welds will be full penetration.
5. At no time will construction interfere with the normal and safe operation of the Railway. No
construction, manpower, or equipment will enter the right of way beyond safety clearance limits of 20.0
feet from the centerline of near track.
6. All casing pipe installations where the diameter is greater than 43 inches will require a
preconstruction conference at the project site.
•
7. Preconstruction arrangements will be made with the office Chief'Engineer at least one week prior to
construction. A Railway inspector must be present during the entire construction of the casing pipe.The
inspector will have complete authority over the project on the Railway's right of way.
8. All costs to provide inspection will be borne by the lessee.
D. Tunnel 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-80 Railway Loading using applicable formulae and computations
performed by a registered professional engineer. The computation 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.
5. The tunnel liner jacking shield will protect ISO degrees of the upper section and material removed to
allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden.
6. The tunnel liner installation will progress with sufficient manpower and supervision for around the
clock construction until the liner is completed.
ENGSPECS.REV 2
•
E. Carrier pipeline specifications arc as follows:
1. Reinforced Concrete Pipe
a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASTM
Specification C76 Class IV for Railway strength pipe or current specification for
prestressed concrete pipe.
b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint
Pipe Company Specification on SP5,or equivalent.Joints for bell and spigot and tongue and
groove pipe to be in accordance with current standard practice. Joints may be made using
confined continuous rubber gasket.
2. Cast Iron Pipe
a. Materials: Pipe must conform to current ASTM Specification A 142 for"Standard Pipe."
b. Joints: Bell and spigot,caulked with lead and oakum, or an approved mechanical type.
3. Polyethylene Pipe
•
a. Materials: Pipe must conform to current ASTNI Specifications D2104,Schedule 40, for
standard pipe.
4. Steel Pipe •
a. Materials: Pipe must conform to current ASTM Specification A 120, 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 psi shall have the ends of the casing pipe sealed after
installation.
G. Carrier pipe with an internal pressure of 30 psi or more shall have the casing pipe open at the ends if local
conditions permit water from leaks to discharge into drainage ditch or manhole. 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 vice shall have a minimum inside diameter of
5„11 inches greater that the maximum outside diameter of the carrier oioe, including bell ends or flanges.
H. Uncased high pressure gas pipe line crossings will be permitted provided they comply with the requirements
of Chapter One. Part 5.2,"Specifications for Uncased Gas Pipe Line within the Railway Right of Way",as is
contained in the "Manual for Railway Engineers"(1993), issued by the American Railway Engineers
Association. In the event of conflict the provisions of the"General Specifications for Subgrade and Above Grade
Crossings of Railway's Right of Way"shall govern.
III. ABOVE GRADE STRUCTURES
A. All applicable preceding sections will govern the installation.
B. Minimum clearance of 23 feet 6 inches 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.
ENGSPECS REV 3
IV. ABOVE GRADE WIRELINES
A. All power limes 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 must be provided for each KV in excess of 50 KV.
B. All power lines and cables lying within a highway 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 clearance must be provided for
each KV in excess of 50 KV.
C. All cable will provide a minimum 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 must clear the tip of the gate are by a
minimum of 6.0 feet when the gate are is in the raised position.
E. Should the Railway add crossing gates to grade crossing protection, wirelines or cables shall be raised
immediately on notice and at the sole cost and expense of the lessee.
F. All applicable preceding sections will govern the installations.
V. MISCELLANEOUS
A. Cathodic protection of pipelines,cables,or casings.
1. When cathodic protection is provided, it shall be installed so as not to induce currents which will
interfere 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 10 feet of horizontal clearance to the base of the
signal/crossing gates.
SPECIFICATIONS ADDENDUM
JULY 1995
FOR DIRECTIONAL BORE INSTALLATIONS:
1. 10 foot minimum cover from too of the tie(beneath track structures) to top of bored pipe.
2. 4 foot minimum cover from ground level to top of bored pipe when outside of track structures.
Last revised November 14, 1995
ENGS7ECS REV
t
Village of Tequesta Memorandum
To: Thomas G. Bradford, Village Manager
From: Matthew J. Morrison,Utilities Directo
Date: December 27, 1999
Subject: Resolution Approving a Blanket License Agreement with the Florida
East Coast Railway Company
In 1994, management representatives from the Florida East Coast Railway Company
(FEC) revised the rates and fees for utility crossings that encroach within their right-of-
way. A majority of the FEC easement agreements have been updated with other
municipal corporations to reflect their new system-wide rate schedules for those with
utility crossings.
To our benefit, the Village of Tequesta has been inadvertently overlooked by the FEC
over the last several years. This oversight has allowed the Utilities Department to pay for
its five (5)utility crossings at fees established by the FEC in 1960.
In accordance with the Blanket License Agreement (Exhibit "A"), the Utilities
Department is now subject to the new FEC schedule of rates and fees (Attachment 1 —
FEC Utility Licenses Rate Schedule). The new Blanket License Agreement has been
predated for February 1, 2000 to coincide with the anniversary date of the previous
agreement of February 1, 1975. The previous Agreement will be cancelled and
superseded upon execution of the new License Agreement.
Will you please place the Resolution approving the Blanket License Agreement with the
FEC Railway Company on the January 13, 2000, Village Council Agenda for
consideration by the Members.
Thank you.
C: John C. Randolph, JFJS, P.A.
Attachments
•
ATTACHMENT. " '
Florida East Coast Railway Company
Rate Schedule
New Utility Licenses
Effective 8 August 1996
Size(dia.) Schedule $ per linear foot
Water and Sewer, Up to 12" W 1 S2.50
Non-flammable fuel pipelines 12"to 24" W2 2.75
24"to 36" W3 3.00
(all subgrade) 36"to 48" W4 3.25
48"to 60" W5 3.50
60"to 72" W6 3.75
72"&up W7 4.00
Flammable or Hazardous Transmission Fl 4.00
Fuel Lines Distribution F2 3.00
Service F3 2.25
•
Communication Lines All Cl based on
Overhead and subgrade capacity
Overhead Electric Power Lines Transmission P1 3.25
Distribution P2 2.50
Service P3 1.50
Miscellaneous facilities Pole/Downguy MI (each) 50.00
Junct Box/Manhole M2 (each) 100.00
All applications must be accompanied by a S250.00 non-refundable fee and twenty copies of plan and
profile drawings of the proposed installation.
RATESCHEDULE-FO.doc