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HomeMy WebLinkAbout1996-185THIS BLANKET LICENSE AGREEMENT, made and entered into, in duplicate, this day of A.D., 199 by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called "Railway" and INDIAN RIVER COUNTY, a political subdivision of the state of Florida, c/o Department of Utility Services, 1840 25th Street, Vero Beach, Florida 32960, hereinafter called "Licensee", WITNESSETH: WHEREAS, die Licensee has heretofore constructed and now maintains overhead and subgrade appliances and fixtures crossing an and across the Railways 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", "5xttn+es", 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 WHEREASboth parties hereto are desirous of canning into an agreanent 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 Railways 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 maybe 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 Manager, 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 Railways roadbed will not be permitted. 3. It is Anther 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 continence the crossing work proposed. 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. Lioertsee shall certify to Railway in writing that fixture bas been installed in substantial conformance by the plan attached to this agreaneat. File: 217-4-0 217-4.0.AGM t rise 7r77 7h�;• vS�R •'1F- 0. -014 els£1A. acts DO NOT REMOVE FROM AGREEMENT INSTRUCTIONS 1. Kindly have the appropriate authority sign ALL copies of the Agreement on Page where indicated. Execution on behalf of a partnership should be accomplished by the General Partner or of a limited partnership and by all partners of a general partnership. On partner may sign on behalf of a general partnership if accompanied by authorization to bind the partnership signed by all of the partners. Execution on behalf of a corporation should be accomplished by the President or Vice President. An official other than the President or Vice President executing this instrument should fumish documentary evidence of authority to execute and to bind the company. Secretary of the corporation should attest the agreement and indicate date of execution. 2. Have two (2) separate persons witness the signature to the left thereof, AFFIXING THE CORPORATE SEAL (If corporation is involved). 3. Please DO NOT alter or add to the provisions of this document. If, for any reason, you cannot execute same in its present form, kindly return to the undersigned with your comments in writing. 4. DO NOT INSERT EFFECTIVE DATE OF AGREEMENT ON PAGE ONE. 5. Return ALL copies of the Agreement to this office. When completed, one fully executed copy of the Agreement will be returned to you for your files upon completion of execution by Railway's Management. 6. Failure to execute the agreement exactly as indicated above will result in rejection by our Law Department and require resubmission for proper execution. ' te 1.4„ ;AZ6.iG Iw., f'h1ial i "^ at.. 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 Railways specifications, together with such other laws and regulations as may be applicable. 7. Zany crossings heir under consist of a pipe or conduit to extend under the tracks of the Railway, the same shall be located not less than II feet 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 Railways 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 or for excavations therefor, in order thatProperty fR it Railway with such the notice proper protection may be provided for trains. If Railway shall object to 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 of any track, roadbed,r or other property of the Railway. or the operations, maintenance or improvemertts of the apples fixtures shall at its own expense,ysaid notice from said Railway, forthwith change, improve orrepair suchasmay 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 ooamumicatian utility on the right of way of Railway, the cost of such alternations or re -arrangements shall be paid by the said Licensee. 13. Licensee agrees that if, by reason of any changes or additions made at any time by the Railway in its tracks, oftrighhe ofw, structures and appliances thereon, or property, it becomes necessary to change the location of all or any part 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 hereby assts, and shall at all times haeaiier release, from and against any and all liability, loss, claim, shit, dame',defend and save Railway harmless or in any way be subjected to, on account of death of or injury �W or expense which Railway may suffer, sustain, incur Jmy any person whomsoever (including officers, agents, 217-4-O.AGM 2 hqk employees or invitees of Railway), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the presence, existence, operations or use of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, Except when proven to have been caused solely by the fault, failure or negligence of Railway. However, during any period of actual construction, repair, maintenance. replacement or removal of the Pipeline, wherein agents or personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute, to the extent permitted by local law, irrespective of any sole fault, failure or negligence of Railway. Notwithstanding anything to the contrary contained in this agreement, no provision herein is leaded cr shall be construed as a waiver of sovereign immunity beyond the provisions of Section 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. Cotnnen ting with the initial tam 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, together with such future increases that may be dictated by market conditions. 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 tams of this agreement shall apply to such additional wire line facilities. 18. This agreane nt 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 Anther mutually understood and agreed by and between the parties hereto that Licensee will not perform any work on Railways 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 Engin= 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 tams and conditions of the two (2) pages attached hereto and made a part hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR OR LICENSEE," and, "INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES.' Not withstanding the foregoing, it is understood and agreed between the parties duet Metropolitan Dade County may self insure against liabilities which may vise under this agreement. 21. In the event Licensee shall default in the performance of any of the covenants contained in this agreane nt to be kept and performed by Licensee, and such default shall continue for tem (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 mussing or aossings 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 supersede all other contracts and agreements heretofore made between the Railway, and farmer Trustees of its property, m die are peri. 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. The existing musings 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. 217-4-0.AGM S ;Nark as. •r„ 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 agteanent shall be for a term of one (1) year and shall be automatically renewed for additional tams 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 tens, in the manner hereinbefore provided 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 agreanants 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 tams of this agreane nt which are not paid within thirty (30) days of presentation of bills for same by the Railway shall bear inta+est 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, teems 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 TOA TRIAL BY JURY INRESPECT 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 DADE 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. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\U\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\U\\\\\\\\\\\\11\\\\\\1\\\\1\\\\\1\\\1\\\1\\\\\\\1\\1\\1\\\1\11\\ 217-4-0.AGM 4 IN WITNESS WHEREOF, the parties hereto have caused these presents to the 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: (seal) President Witnesses as to Railway Attest: Assistant Secretary Date of Execution: INDIAN RIVER COUNTY, a political subdivision of the state of Florida, By: t-ciGL4- Official Title ( 9d . ADA hs , M 100100/ P,FR,vEA 80 - ?6 File: 217-4-0 217-4-0AG A 1 8 8 8 8 8 r n 8 - 8 Vf N 8 8 8 8 N 8 8 N 8 ' 8 �.n 8 8 8 8 On 8 h 8 N rt 8 8 8 h 8 a 8 4 N 8 3 9 y y 8 8 8 8 + rO� V N N 1 8 8 Al • g 1 • INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless the Florida East Coast Railway Company from and against all judgements, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability 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, in the limits of $1,000,000 each person injured or killed, and $2,000,000 each occurrence. B. Loss, damage, injury and loss of use or any real 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, all in the aggregate limit of $2,000,000. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty-eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Railway Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to, via, and from the lines of railroad of other railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks, as the case may be, of the Florida East Coast Railway Company at or within one hundred (100) feet of said area. Ann- �tS 41, {rm.• .rt3 fir'` f3ur6Lt i ag 71' INSURANCE FOR BENEFIT OP FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN PULL PO CE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect, insurance policy or policies in the limits of $1,000,000 each person injured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence directly by Contractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities concurrently extended to the Florida East Coast Railway Company and within the limits specified in this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman's Compensation Insurance Policy as available in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company, shall be in a form satis- factory to its 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 or A or A+ and a financial category size of Class XII or higher. 5Ci xi? FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF CHIEF ENGINEER • • GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE 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 prepar- ation 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 re- pairs 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.6) 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. 1 3j 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 follows: 1. Casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 8.0 inch diameters must be gal- vanized and standard weight ASTM Specifications A53, Grade B. Thread coupling is allowed. 2. Casing pipe 6.0 and 8.0 inch diameters may be used complying with C-3. 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) 6 - 16 18 - 20 22 - 24 26 - 28 30 - 34 36 - 38 40 - 48 52 - 56 60 - 66 72 - 78 84 - 90 96 - 102 108 - 114 120 THICKNESS (inches) 1/4 5/16 3/8 7/16 1/2 9/16 5/8 11/16 3/4 13/16 7/8 15/16 1 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. Tp: tfo 6. All casing pipe installations where the diameter is greater than 48 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 he 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 180 degrees of the upper section and material removed to allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden. 6. The tunnel line installation will progress with sufficient manpower and supervision for around the clock construction until the liner is completed. 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. 3 34 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 A142 for "Standard Pipe." b. Joints: Bell and spigot, caulked with lead and oakum, or and 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 ASTM Specification A120, Schedule 40. b. Joints: All joints must be welded or of an approved mechanical type. F. Carrier pipe with and internal pressure less that 30 psi shall have the ends of the casing pipe sealed after installation. G. Carrier pipe with and internal pressure of 30 psi and over shall have the casing pipe open at the ends if local conditions permit water from leaks to discharge into drainage ditch of 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. Casina Dime shall have a minimum inside diameter of 6.0 inches areater that the maximum outside diameter of the carrier pipe, includina bell ands of 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 (1993), as is contained in the "Manual for Railway Engineers", 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 supersede. 4 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 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, raising of wirelines or cables shall be preformed 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. 5 • 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 6