HomeMy WebLinkAbout2017-059 A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH,CLERK
Project: Lost Tree Preserve
69th StJ Old Dixie Hwy Subgrade water and
force main crossings utilities Improvements
CONTRACT FOR CONSTRUCTION OF
UTILITY IMPROVEMENTS ON FLORIDA EAST COAST RAILWAY, LLC
PROPERTY
AND
AGREEMENT TO WARRANTY AND GUARANTY UTILITY
IMPROVEMENTS AT COMPLETION AND TO PROVIDE A BILL OF
SALE
(RE: 691 StJ Old Dixie Hwy
Subgrade water and forced main crossings)
THIS CONTRACT, made and entered into this k \ day of At; t L. , 2017
(the "Effective Date") by and between Lost Tree Preserve, LLC, a Florida limited liability
company, having a mailing address of 3399 PGA Boulevard, Suite 260, Palm Beach Gardens,
ft 334=1.0, hereingftet, refarred to as "Devefioper,' grid 414DIAN RIVER COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners,
hereinafter referred to as "County".
WITNESSETH :
WHEREAS, the undersigned Developer desires to construct certain off-site
improvements, consisting of a subgr-ade-water and-forced-main-(the "Improvements") within the
Florida East Coast Railway, LLC property located at 691h ,Street and Old Dixie Highway the
"Crossing"); and g Y
WHEREAS, plans for such, Im'provem'ents have already bereft approved lay the
Florida East Coast Railway, LLC; and
WHEREAS, in order for the County to modify the Blanket License Agreement
between Indian R2iver County and rlorida East Coast Kakway, LLC, dated September 26, 1666,
to include the Improvements the County will require Developer to post acceptable security in
either the form of cash or a letter of credit from a lending institution acceptable to the County, in
the amount of 115 % of the estimated costs of the proposed Improvements,- submitted under
seal by an engineer registered in the State of Florida to practice professional engineering, and
approved by County, to guaranty installation and completion of the Improvements to the
satisfaction of County; and
WHEREAS, said Improvements are to be completed within twelve (12) months
of the date of the security provided,to the County herein referred-to as the Effective Date; and-
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J.R. SMITH, CLERK
WHEREAS, upon completion of the Improvements by Developer and upon
approval of same by the County Utility Director, seventy-five percent (Z§%} of the security will
be released by County with the remaining twenty-five percent (25%) to be held as warranty
security for one(1) year from the date of approval by the County Utilities Director. Additionally,
if security is posted in the form of a letter of credit, that letter of credit must remain valid for 90
days beyond the 1-year warranty period; and
WHEREAS, at the completion of the Improvements, Developer agrees to execute
a Warranty and Guaranty Agreement and Bill of Sale to warranty the Improvements for a period
of one year against defects due to faulty field engineering, workmanship, or materials, secured
with the remainder twenty-five percent ( 25% security mentioned above; and
WHEREAS, nearing the end of the 1-year warranty period, or sooner if the need
arises, County will cause inspections to be performed to determine if the Improvements remain
free from defects due to faulty field engineering, workmanship, or materials. If the
Improvements are determined to be acceptable, then the remaining twenty-five percent (25%)
security will be released by the County Utilities Director at the end of the warranty period. In the
alternative, if the Improvements are found to be defective, County will notify Developer of such
defect(s) and Developer must immediately cure the defect(s). Failure to cure any defects will
result in the Developer, as principal, and the escrowed cash or letter of credit being jointly and
severally liable to pay for the repairs; and
WHEREAS, failure by Developer to construct the Improvements within the 12-
month period from the start of construction MI cause Developer to be in default under this
Contract, and Developer and the underlying security shall be jointly and severally liable to pay for
the cost of construction and installment or removal of the Improvements to the final total cost;
NOW,THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES HEREIN CONTAINED, the parties agree as follows:
1. Developer agrees to construct on or before one year after the Effective
Date herein described, in a good and workmanlike manner, the Improvements, which are
described as follows:
See Exhibit "A!' attached hereto
2. Developer agrees to construct said Improvements strictly in accordance
with the conditions of project approval and requirements of any applicable Florida East Coast
Railway, LLC requirements, all of which are hereby incorporated by reference and made a part
hereof,
3. In order to guarantee performance of this Contract, Developer shall
simultaneously herewith furnish either cash or an irrevocable letter of credit, having an
expiration date of not less than 27 months from the Effective Date of this Contract, provided by
a banking institution acceptable to the County, in a form to be approved by the County, naming
Developer or Developers contractor as customer and the underwriting bank, in the amount of
Four Hundred Seventy Thousand Four Hundred Fourteen and 50/100 Dollars ($470,414.60),
which amount is not less than one hundred fifteen percent (115%) of the estimated total cost of
Improvements to be constructed. It is understood that the full amount of the letter of credit shall
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J.R. SMITH, CLERK
remain available to the County. If cash is posted, a Cash Deposit and Escrow Agreement will
be entered into between the posting party and the County.
4. Developer shall procure and keep in effect comprehensive general
liability insurance in the limits of $2,000,000.00 each occurrence for bodily injury or death and
$2,000,000.00 property damage each occurrence, covering all obligations of Developer to
indemnify the Florida East Coast Railway, .LLC by Contractual Assumed Liability Endorsement,
Alternatively, Developer may procure and keep in effect until the end of the 1-year warranty period,
.Railroad Protective Liability Policies insuring the Florida -East Coast Railway, LLC directly
as insured against losses and damages with the limits specified in this paragraph. All such
insurance, directly or indirectly for the benefit of the Florida East Coast Railway, LLC, shall be in
a form satisfactory to the Florida East Coast Railway, LLC'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 of Class XII or higher. The Developer shall
also, 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 Florida East
Coast Railway, LLC, shall be in a form satisfactory to the Florida East Coast Railway, LLC'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
of Class XII or higher. Indian River County shall be listed as an additional insured under this
policy. Developer, Developer's contractors or Developer's subcontractors shall not begin
construction, installation or any other work associated with the Improvements on Florida East
Coast Railway, LLC property until the Developer presents satisfactory proof of meeting these
requirements to the County.
Developer agrees that it shall and will at all times hereafter indemnify, defend
and save harmless the Florida East Coast Railway, LLC from and against all judgements, 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 Developer,
or an of
y Developer's Developers contractors or Develo s subcontractor
p s, or some or all of them
whether directly or indirectly under, or pursuant to, this 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, LLC employees and officers
or materialmen, employees and officers of Developer, employees and officers or all Developer
subcontractors, and from loss, damage, injury and loss of use of any real or personal property
(a) in which Florida East Coast Railway, LLC has any ownership interest, and (b) personal
property in the custody of Florida East Coast Railway, LLC 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.
Developer agrees to indemnify, hold harmless, and defend the County against any
and all claims, damages, losses, and expenses, including attorney's fees, for property damage,
personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the
Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers,
relating to the construction of the Improvements.
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J.R. SMITH,CLERK
Satisfactory completion in accordance with the approved project and Florida East
Coast Railway, LLC permit shall be determined by the County Utilities Director and shall be
indicated by specific written approval of the County Utilities Director or his designated
representative, after receipt of a signed and sealed Certificate of Completion from the project
engineer of record.
5. Developer, and its successors and assigns to the project known as
Lost Tree Preserve, shall pay the Florida East Coast Railway, LLC, annual rental and license fees
for use of the Florida East Coast Railway, LLC property on which the Improvements are located
until such time as the utilities have been accepted by the County. If such payments are not paid
within thirty (30) days of presentation of bills for same by the Florida East Coast Railway, LLC,
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.
6. At least 72 hours prior to the Developer, or Developer's contractors or
Developer's subcontractors entering upon the Florida East Coast Railway, LLC property; the
Developer shall schedule with Florida East Coast Railway, LLC a FEC flagman/watchman.
Developer shall also locate Florida East Coast Railway, LLC's, signal and train control cables by
calling the Florida East Coast Railway; LLC Engineering and Signal Department at (800) 342-
1131 ext. 2377. In addition, and also prior to any entry onto Florida East Coast Railway, LLC
property by Developer, Developer's contractors or Developer's subcontractors, a Certificate of
Insurance naming FDG Flagler Station 11, LLC and Florida East Coast Railway, LLC as an
additional insured must be subm"itted by the Developer to the Director — Corridor Management
and Marketing for Florida East Coast Railway, LLC. Developer, Developer's contractors or
Developer's subcontractors shall not begin construction, installation or any other work
associated with the Improvements on Florida East Coast Railway, LLC property until the
Developer presents satisfactory proof of meeting these requirements to the County.
7. All persons entering upon the Florida East Coast Railway, LLC property
must take a Roadway Worker Training Course with Railroad Protective Services, Inc. and be
certified yearly with a Roadway card through the on line training course at their website:
www.RRTrainers.com. Developer, Developer's contractors or Developer's subcontractors shall
not enter upon the Florida East Coast Railway, LLC property until the Developer presents
satisfactory proof of meeting these requirements to the County
8. Prior to any digging or subgrade work on Florida East Coast Railway,
LLC, property, Developer, Developer's contractors or Developer's subcontractors shall call
"SUNSHINE" at 1-800-432-4770.
9. Subgrade crossing installation shall be marked by the erection of a
suitable monument located on each side of the Florida East Coast Railway, LLC's property.
10. All crossing work shall be of the usual strength and fitness for the
purpose intended to be done in good and workman-like manner by the Developer, Developer's
contractors or Developer's subcontractors, at its sole cost and expense and in a manner
satisfactory to the Florida East Coast Railway, LLC. Within 30 days after completion of
construction or installation, Developer shall certify to the Florida East Coast Railway, LLC in writing
that the fixture has been installed in substantial conformance by the plans attached as Exhibit"B".
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Developer shall submit such certification to the County Utilities Director at the same time as
submitted to Florida East Coast Railway, LLC.
11. Developer shall pay all costs of supervision,, labor and material incurred
by the Florida East Coast Railway, LLC in supervising, protecting and restoring the Florida East
CR
Coast Railway, LLC property related to the Improvements.
12. If the Improvements vements consist of
a pipe or conduit to extend under the
tracks of the Florida East Coast Railway, LLC, the same shall be located not less than 5.5 feet
below the bottom of ties in such tracks, and properly safe-guarded as may be necessary or as
required by the Florida East Coast Railway, LLC.
13. In addition to the requirements set forth in this Contract, the Developer,
its successors or assigns shall comply with all requirements set forth in Exhibit"B"and the Blanket
License Agreement between the County and Florida East Coast Railway Company, dated
September 26, 1996 attached hereto as Exhibit"C".
14. Developer shall construct and maintain until such time as the utilities are
accepted by the County all appliances or fixtures crossing over, under or across the Florida East
Coast Railway, LLC's tracks and property in conformity with Florida East Coast Railway, LLC's
specifications, together with such other laws and regulations as may be applicable.
15. Any subgrade or above grade crossings of the Florida East Coast
Railway, LLC's property shall be subject to the terms of the "GENERAL SPECIFICATIONS
FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY"
issued by the Chief Engineer, Florida East Coast Railway Company, the terms and conditions
or which are incorporated herein by reference.
16. Developer shall obtain and maintain all necessary permits, licenses and
franchises required by law until such time as the utilities are
accepted by the County. Whenever
Developer's appliances,
fixtures or facilities are located near or adjacent to any communication
or signal lines of the Florida East Coast Railway, LLC or any licensed communication utility on the
property of the Florida East Coast Railway, LLC, Developer 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, Developer shall adopt, use and maintain the best
known and most effective methods to protect the aforesaid communication lines fromphy a sic I
hazard and inductive interference.
17. Developer's appliances, fixtures, facilities or crossings shall not at any
time interfere with or endanger the track, roadbed, or other property of the Florida East Coast
Railway, LLC, or the operations, maintenance or improvements of the Florida East Coast Railway,
LLC, or any other party thereon, and Developer shall at its own expense, on notice from the
Florida East Coast Railway, LLC, forthwith change, improve or repair such appliances or fixtures
as may be prescribed by the Florida East Coast Railway, LLC.
18. Should the Improvements cause any change or alterations in the location
or arrangement of the wires, poles, appliances, fixtures or facilities of the Florida East Coast
Railway, LLC or the wires, poles, appliances, fixtures or facilities of any licensed communication
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utility on the Florida East Coast Railway, LLC property, the cost of such alternations or —re-
arrangements shall be paid by the Developer.
19. Developer agrees that if by any reason of any changes or additions made
at the time by the Florida East Coast Railway, LLC in its tracks, right-of-way or property, structures,
and appliances thereon, or property, it becomes necessary to change the location of all or any
part of the crossing, such changes as are necessary shall be made by the Developer promptly at
the request of Florida East Coast Railway, LLC and at the sole cost and expense of the Developer.
20. In the event the Developer shall fail or neglect to fulfill its obligations
under this Contract, the Developer, as principal, and the escrowed cash or letter of credit shall
be jointly and severally liable to pay for the cost of construction and installment or removal of
the Improvements to the final total cost, plus the warranty, including but not limited to engineering,
construction, legal and contingent costs, including reasonable attorney's fees incurred by the
County, together with any damages, either direct or consequential, which the County may sustain
as a result of the failure of Developer to carry out and execute all provisions of this
contract and applicable ordinances of the County. If this Contract is secured by a letter of credit,
then in no event, shall the liability of the underwriting bank under this paragraph exceed the total
amount of the original obligation stated in the letter of credit, less any approved reduction
thereto. Additionally, in the event the Developer shall fail or neglect to fulfill its obligations under
this Contract, County shall have the right to immediately terminate this Contract and the
Developer's right to construct or install the Improvements under this Contract.
21. The parties agree that the County at its option shall have the right, but
not the obligation, to construct and install or remove or, pursuant to receipt of competitive bids,
cause to be constructed and installed or removed the Improvements in the event Developer
shall fail or refuse to do so in accordance with the terms of this Contract. Developer expressly
agrees that the County may demand and draw upon the existing cash escrow or letter of credit
for the final total cost of the Improvements, including the warranty. Developer shall remain
wholly liable for any resulting deficiency, should the cash or letter of credit be exhausted prior to
completion of the Improvements. In no event shall the County be obligated to expend public
funds, or any funds other than those provided by the Developer, or the underwriting bank to
construct the Improvements.
22. At the completion of the Improvements, Developer agrees to execute a
Warranty and Guaranty Agreement and Bill of Sale to transfer all its right, title and interest to
the County in and to all the Improvements constructed within the Florida East Coast Railway, LLC
property, free and clear of encumbrances, together with the assignment of all existing warranties,
and Developer's agreement to warranty and guaranty the Improvements for a 1- year period
and, on each occasion, and at Developer's expense, immediately correct any defect due to faulty
field engineering, workmanship, or materials upon notice by County. Said warranty will be
secured with the twenty-five percent (25%) security mentioned above; and
23. Any cash or letter of credit provided to the County by Developer or
Developer's contractor with respect to this contract shall exist solely for the use and benefit of
the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or
secure payment to any subcontractor, laborer, materialman or other party providing labor,
material, supplies, or services for construction of the Improvements, unless the County shall
agree otherwise in writing.
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24. This Contract is the full and complete understanding of the parties and
shall not be construed or amplified by reference to any other agreement, discussion, or
understanding, whether written or oral, except as specifically mentioned herein. This Contract
shall not be assigned without the express written approval of the County. Any amendment,
deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by
authorized representatives of both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the
day and year first above written.
LOST TREE PRESERVE, LLC, a Florida
limited liability company, Developer
By ,
Charles M. Baye/, Jr., ide
Lost Tree Villa a Corporation,
Its Manager
"DEVELOPER"
INDIAN RIVER COUNTY, a political
�o ,ukdivision of the tate of Florida
ATTEST: Jeffrey R. Smith, Clerk*���' By
Court and Comptroller. Joeph E. Flescher, Chairman
Bobrd of County Commissioners
By: _-- "COUNTY"
Deputy Clerk
.• ' .......... BCC approved:--May 2. 2017
Approved as to form and legal s�iencu
By:
gold
County Attorney
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EXHIBIT "A"
OFFSITE FORCE MAIN
ITEM DESCRIPTION QTY UNIT PRICE TOTAL
SHELTRA
OF1 6"PVC FORCE MAIN 1,200 LF $ 24.35 $ 29,220.00
OF2 6"GV 3 EA $ 1,155.00 $ 3,465.00
OF3 6"X 4"TEE 1 EA $ 675.00 $ 675.00
OF4 6"-90 2 EA $ 590.00 $ 1,180.00
OF5 BORE UNDER RR 1 LS $ 35,980.00 $ 35,980.00
OF6 12"X 6"WET TAP&VALVE 1 LS $ 5,255.40 $ 5,255.40
SUBTOTAL: $ 75,775.40
CONTINGENCY 10% $ 7,577.54
SURVEYING 2% $ 1,515.51
DESIGN 5% $ 3,788.77
PERMITTING 10.6% 1% $ 757.75 $ 8,032.19
BIDDING AND AWARDING 0% $ -
INSPECTION SERVICES 3% $ 2,273.26
ADMINISTRATION 2% $ 1,5]5.51
SUBTOTAL: $ 24,702.78
TOTAL $ 100,478.18
OFFSITE WATER MAIN
ITEM DESCRIPTION QTY UNIT PRICE TOTAL
SHELTRA
OWI PVC 12" 2,903 LF $ 36.45 $ 105,814.35
OW2 BORE UNDER RR 1 LS $ 92,206.00 $ 92,206.00
OW3 12"GV 5 LF $ 2,670.55 $ 13,352.75
OW4 8"GV 1 EA $ 1,680.00 $ 1,680.00
OWS 16"X 12"WET TAP&VALVE 1 LS $ -
OW6 12"X 8"TEE 1 EA $ 805.00 $ 805.00
OW7 12"-45 4 -EA $ 765.00 $ 3,060.00
OW8 12"-90 2 EA $ 770.00 $ 1,540.00
OW9 12"X 12"CROSS 1 EA $ 1,275.00 $ 1,275.00
OW10 FIRE HYDRANTS 1 EA $ 4,135.00 $ 4,135.00
OW11 SAMLE POINTS(TEMP) 3 EA $ 610.00 $ 1,830.00
OW12 TEMP JUMPER 1 EA $ 2,385.00 $ 2,385.00
OW13 SOD 8,000 SF $ 0.24 $ 1,920.00
OW14 MOT 1 IS $ 7,400.00 $ 7,400.00
OW15 DRIVEWAY RESTORATION 1 LS $ 7,500.00 $ 7,500.00
SUBTOTAL: $ 244,903.10
CONTINGENCY 10% $ 24,490.31
SURVEYING 2% $ 4,898.06
DESIGN 5% $ 12,245.16
PERMITTING" 4% 1% $ 2,449.03 $ 9,796.12
BIDDING AND AWARDING _ 0% $ -
INSPECTION SERVICES 3% $ 7,347.09
ADMINISTRATION 2% $ 4,898.06
SUBTOTAL: $ 63,674.81
TOTAL $ 308,577.91
PROJECT TOTAL $ 409,056.09
PERFORMANCE BOND 115% $ 470,414.50
WARRENTY BOND 25% $ 102,264.02
8/22/2016 LTP PHASE 1 BID QUANTITIES.xIsx OFFSITE REV
EXHIBIT "B"
NAMEOFRAILROAD(REOU/RED)
D/STANCE REQUIRED DLSTANC£ATOVIRED
�-.- RIGHT-OF-WAY RIGHT-OF-WAY
LME UNE
MILEPOST LOCAAON REOU/RED
7RACK
j1
5'M/n. `III
1 � ).•'.,was'.:"r '.a r:.:['o .•'�Ia:.N• I
I 5'M/n.
N
y DISTANCE REQUIRED jn
(10=0"Apn.)
25'Min. 25Mn.
TYPE AND 57ZE OF PIPE RELN//RED ...��V__////
C-3)m.
FLORIDA EAST COAST RAILWAY CO. 70 M-4
GENERAL NOTES
GENERAL DIRECTOR — ENgNEERING SERVICES JACKSONVILLE, FLDRIDA
1. D/REC7KJNAL BORES 10'BELOW BOTTOM OF 7/E MAY 8E'HDPE SCH. 40 CASTNG Cm rvt
2. CARRIER PIPE MAY BE HDPE. (ND PVC PERMI77E0) =i C?n
3 JACKING PIT LOCA 77ONS MUST BE DU75/DE OF RAILROAD R/&H;r-OF-WAY L/N£S =
NO OPEN CUT LA WRAL CROSSING WILL BE ALLOWED. PT PIT WILL.BE PR07EC7ED INFORMATION REQUIRED FOR C-3 ZWTH �
PROPEREBARR/CARES AND roYM IIFFSNECESSARY AND �SBSE SP'ERT ARCOU10 MEINE- UPIITT FOR POSY77ROAW PROMCAM TYPICAL DIRECTIONAL BORE
4. NO WORK WL BE PERM/TIED ON RAILROAD RIGHT—OF—WAY W77HOUT A FLAGMAN. 310
i CARRIER P/P4 UNDER PRESSURE WU REQUIRE CASING
AW 0y NONE
10/14/08
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EXHIBIT "C" .2) 0
THIS BLANKET LICENSE AGREEMENT,made and entered into,in duplicate,this 2�'` day of
S& AD, 1991. by and betwew FLORIDA EAST COAST RAILWAY COMPANY,hereinafiei called
"Railway"and INDIAN RIVER COUNTY,a political subdivision of the.state of Florida, c/o Department of Utility
Services, 1.840 25th Street,Vero Beach,Florida 32960,hereinafter called"Lieensee",
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
MIMREAS�oth parties hereto are desirous of entering into an ag cermt which shall cover the terms upon which
such crossings have heretofore been and may herealier be made,
NOW THEREFORE,.the Railway,for valuable consideration and the covenants and agreements of said.i icensee.
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 points listed our"the.schedule marked"Schedule A",attached herein 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 Licence-shall desire to construct,mod. ly,or roae,tain seid appliances,fixtures,facilities or
crossings,it shall makewritten application to the Rahway,as per aflwhrZ roan,in duplicate,together with twenty(20)prints
ofplan and profjle drawing containing all pertinen,detai!s for proncss.6 crossing work.. Said application will be mailed to '
Manager,Industrial Development and Real Estate,FL)rida East Coast Railway Company,P.O.Drawer 1048,St.Augustine,
Florida 32085-1048,along with check made payabie to Florida East Coast Railway Company to cover applicable non
refnndabie application fee.
2. Plan shall show all Information for carrier pipe and.casing pipe,if used,and angle of crossing,Railway survey I
station,.or distance to nearest We post,right of way lines,tracks and all other Railway facilities new point of crossing.
Profile shall showpipe 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 from1he tinter oPnearest.traek.
Open-cut method of installation through Railways roadbed will not be permitted. !-
3. It is further mutually understood and agreed by and between the parties hereto that said subgrede crossing
installation shall be marked by the erection of 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
reecives the written approval of the Railway, If the Railway funds no objections to said crossing work,it will so notify the
Licensee and the Licensee shall be permitted and allowed to coaunence 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 E
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 certify to Railway in writing that fixture-has been-iustalled
in substantial conformance by the plan-attached to this agreement,
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6. The Licensee shall oottstrw and maintain an 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 81y casings Imeturder consist of a pipe or conduit to extend under the tracks of the Railway,the same"
be located mot less than 5_5 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 some shalLbe located not less than
43 fed above the rails with additibnal.cleaiarrces at certain locations as prescribed by Railway.The poles carrying such wires
shall be double-bracketed and of good and sifficient quality and size.for purpose intended and located as hereinafter
designated by the Railway.All poles must be securclyplanted and fastened so as to prevent the same from falling on the
tracks or other property of the Railway or upon other wines 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.
S. 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.
i
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 locates near or adjacent to. any
communication or signal liness.of the Railway or any lionised communication utility on the right of way of Railway,Licensee
shall at all times prevent intcrfatnec in arty way with the construction,maintenance,or operation of such crossed or adjacent
signal lines or communiclition lines,and in such event,Licensee shall adopt,use and maintain the best known and most
effective methods to protect the aforesaid communication Iines from physical hazard and inductive interference.
10. That Licensee shall and will cause due notice,and in no event less than forty eight.(49)hours,excluding
Sauudays,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 forexcavati=therefor,in order that proper protection maybe provided for trains. If Railway shall object to the notice
as too short,or that the work has not them'ore been authorized in writing by Railway,then no such work shall be commenced
until approval is obtained in writing tzorn Railway.
i
11. That said appliances,fixtures,facilities or crossings of the Licensee shall not at tiny time interfem with or
endanger the track,roadbed,or other property of the Railway,or-the operations,maintenance or improvements of the
Railway,or ofanyothcr 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 rurangement of the
wires,poles,appliances,fixtures or facilities of the Railway or the wires poles,appliances,fixtures or facilities of any
lioeased eottmtunicati0t 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,
right of way,structures and appliances thereon,or property,it becomes necessary to change the location of all or any part
of the said crossingsof the Licensee therefor,such changes as are necessary shall be wade by Licensee promptly at the
request of the Railway and at sole cost and expense of Licensee.
14. Licensee hereby assurnes,and shall at all times ha=fler release,.indemnify,defend and save Railway harmless
from and against any and all liability,loss,claim,suit,damage,charge or expense which Railway may suffer,sustain,incus
or in any way be subjected to,on account of death of or injury to any person whomsoever(including officers,agents,
3
i
YID d•O,AGM 2
F
. i
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH,CLERK
employees or invitees-of Railway),and for damage to or loss of or destruction ofany 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
mon therewith,ar restoration of premises of.Lioensor to good order or condition after removal,Except when proven
0 have been caused solely bythe fault,failure or negligence of Railway.However,during any period of actual construction,
repair,maintenance,replacement or removal of the Pipeline,wherein agents or.pereorutel of Licensee anis on the railroad
right-of-way,Licensee's liability hereunder"I be absolute,to the extent permitted by local law,irrespective of any sole
fault,failure or negligence ofRailway.Notwithstanding anything to the contrary contained in this agreement,no provision
herein is inteaided or shat!be oonsgued 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. Commencing with the initial term of this Agreeroertt,Licensee shall pay in advance unto Railway for each year
or fraction thereof ofthe 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.
I?. 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 attacher]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 wine line facilities.
18. This agreement and Licensees 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 relatquishps any legal rights and monetary claims which it alight 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 Agreenent 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 Railways property without having a railroad watchman present at all times work,hereunder is being performed,
ifone 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 perforrried
hereunder by or far the Licensee,each_and every of the following terms 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 013TAIIVFDs 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 thatMenopolitan Dade County may self insure against liabilities which may arise under this agreement.
21. In the event Licensee shall default in the performance ofany of the covenants contained in this agreement to
be kept and performed by Licensee;and such default shall continuefor ten(10)days after written notice thereofshali have
been given by the Railway to the Lessee,then at the option of the Railway,the license hereby granted may be declared
forfeiter]as to the tossing or crossings or other facilities where such default occurred and thereupon all rights of the Licensee
shall cease,as to such=crossing or crossings cr other facilities and Licensee will,at its own expense,remove said wire or pipe i
Imes from the property of the Railway at such crossing or crossings,or other facilities. In the e-ve nt of failure of Licensee
to do so,the Licensee will promptly scimburse the Railway for its cost of doing the same.
22. This agreement shaltmipersede 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, i
on the other part„covering all crossings,appliances,fixtures or facilities presently an or across the right of way of the
Railway. The existing caawngs 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.
2i7-i-oxcM 3 .
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
23- Either party hereto"have theright to cancel this agreement as to anyone or more of the existing crossings,
apPE01100S,ftftmorfacilities as shown on the attached Schedule or to any future crossings,applicesfixturesorfacilitics
an
at any time Upon thirty(30)days'notice in writing to the other party,
24. This agreement shall be for a term of one(])year and shall be auto,matically-remewe&for additional term of
one(1)year subject to the t=7113 and conditions herein contained PROVIDED ALWAYS-that this agreement shall be
96jcd to cal-9"On during the initial term or of any renewal term,in the manner herein
21 before provided in Paragraph No.
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 sliall,be waived or modified exoept by both parties hereto in writing and no alleged
verbal waiver or modification shall be binding under any circumstances.
26. 'IfLicensee be a municipality cr a public or quasi public oorpor#tion 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 orlhe
installation or existence of Licensee's facilities at this loc4tioL
27- NON-PAYMENT- It is expressly agreed by and between the parties liatto that any obligations of the
Licensee under the tams of this agreementwhich,are not paid within thirty(30)clays of presentation of bills for same by the
Railway shall beaftftestat the tare ortwelve percent(1211/6)per annum from,the date of presentation of the bill until wine
shall be paid.
28, This Agreement shall be construed in accordance with the laws of the State of Florida.
29. ThisAgreement shall constitute the entire understanding of the parties on the subject matter hereof and each
adcnowledges and Am=that no promises,agreements.representations,lam or conditions other than contained and set
forth in this Agreement,either cW=ofimplied,We been made or relied upon,
30. RAILWAY AND LICENSER HEREBY KNOWINGLY, VOLUNTARILY AND
DTENTIONALLY
WAIVE 7WRICHT THAT TIDY MAY HAVE TO A TRIAL BY JURY INRESPECT To ANYLMGATION BASED
014 TM AGREEI&M,OR ARISING OUT OF,UNDER OR IN CONNECTION WITH THIS AGREEMENT.THE
PARTIES SPECIFICALLY AGREE TO VENUE IN DADE COUNTY,FLORIDA-
3 1. In the event of litigation between the parties in connection with this Agreement,the prevailing party shall be
entitled to a reasonable attorneys fee.
Z37-".AOM
4
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
i
IN WITNESS WHEREOF the
patties hereto havecaused these presents to the duly executed in duplicate the
day andyear first herein written.
Sign&Ocaled and delivered FLORIDA EAST COAST RAILWAY
in the presence of COMPANY,a Florida corporation;
Z eoc� LO By- , (om)
d� Mest:
WAssistaht secretary
Date of Execution:
I
INDIAN RIVER COUNTY, a political
subdivision of the state ofFlorida, i
By.:_k'Q&,V- l ld
' O$icialTitle l"R/1`,t/ B. ADAi�iS�,,,�'-f1�t�Rm�3+✓ �.
i3o� IiPPRov��-ap-96
Attests i
With sses as toAgency Deputy'CI n
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File:2174-0
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—ACCURACTvl?
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Iedisn River_Cnjmty Schedule"A"-Blanket Utility Lkemse Agreemedt 217.40 #&An-96
10795 DOofUtility Savices Agreement Date
1840 25th Sheet
` Vero Beach FL 32960 Bunning on Anniversary date in year Indicated
wax Daft dAr"Wast Milepost Length Rate County 1996 1997 1998 Suliseq
213+315 215+ 315 100 W3 Uatian River 150.00 225.00 300.00 300.00
DOC# uwmb*k 161WMin3rrtlarneslPeNownVA8ebrdan SG
i 215-21-1 3!13192 216+ 2765 100 W2 Indian River 50.00 125.00 200.00 275.00
DOC# RR43.73M r SWANY 6 SG
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215-21-2 3X3/92 216+ 3086 100 W2 bullas River 50.00 125.00 200.00 275.00
DOC# RR43-7SS7 10`WMiftn•d1csfts9S&=WaDr SG
r 215.26 44789 215+ 343 100 W4 Indian River 50.00 175.00 250.00 325.00
r
DOC# RR43.2767 m soamys ia36"d cwftA dbm=PASebedim SG
215.27 4127M 214+ 2217 100 W3 Indian River 50.00 150.00 225.00 300.00
DOC/ RR43-2765 12*SmkwyAaoesrin2rmdcu*etm k t&b nim SG
215.30.2 9/13/93 212+ 2%1 100 W2 Indian River 50.00 125.00 200.00 275.00
DOC# RR43-1799 r DWraerearia is 1r*,&W mt V,,1ad Rd SG I
'.r 217.4.1 4/23191 217+ 3246 100 W2 Indian River 50.00 125.00 200.00 275.00
y DOG# RR432499 121WMim2ridcmftjdv'i&=JW(MSQso
2172-2 4123191 218+ 191 100 W2 Indian River 50.00 125.00 200.00 273.00
DOC# RR43 2489 1restwwdtcmft esm=Avwsawm SG
217.4.1 ?113196 218+ 126 100 W3 Indian River 150.00 150.00 225.00 300.00
DOC# unavailable 1r WMta4reatieaaad'rideatrWosAwe SG
21!-19 4X789 218+ 136 100 W2 Indian River 50.00 125.00 200.00 275.00
y' DOMRR43.2769 a•a..s.ry rao�.ia is 1a'o t sbopaa A.w W.be.0 SG
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.1=. DAedll dot Mikpst I;eaath Rate (bony 1996 1497 1991e Sobseq
ALS* &04 219+ 1600 100 W3 Indian River 50.00 150.00 225.00 300.00
D" RR43.10062 Is't"w iDw'tcmiVilfmsc sa
` 222-16 4/2749 2.20+ 2230 100 W4 Indian Riva 50.00 175.00 250.00 325.00
DOC# RR43 x770 3e mmum, rin ie 3rvd cm ftd warar Bomb SG
21174 3/2SJ94 231+ 1640 100 W3 Indian Rivet 50.00 150.00 225.00 300.00
776lrnalb�oesri+in3rodaliasMtWdasdoRd
DOCS RR43SG
231-7-3 1M/94 230+ 255 100 W2 Indian Riva 123.00 125.00 200.00 275.00
f DOC# RR434930 10"DIlfinlydcofta2adat SG
2$17.6 30" 229+ 3982 100 W l Indian Riva 100.00 10000 175.00 250.00
DOC# RR43-7%6 WPM omdutsio6`idcWgfbrft eei wJhAa =wd SG
235.4-1 66/94 232+ 4486 100 W2 Indian Rivet 50.00 125.00 200.00 275.00
DOC# RR43418 trop wKa2vidow"dZai►Plan SG
235a-2 6AY" 232+ 4780 100 W2 Indian Riva 50.00 125.00 200.00 273.00
DM RR43-71S 1VClNOMYwww intradcoftd218ta SG
S1,17S.00 S2,r400.00 S3r67S.00 S4„87&09
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INDEMNITY TO FLORIDA EAST COAST RAIMMY COMPANY AND
CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTORS PUBLIC
LIABILITY AND PROPERTY DAMAGE LIABILZTY INBURANCE 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
hareof, 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,
ti 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
1 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
31 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
r ° 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 cdntract, 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.
(,. ,�ypw;n s.�w...�.r.r.,�...•...T', _ r :�� ..r, eeq...,r.�.. ••�Clr.^..^^�« 91.
110
ZNBM=CE FOR BENEFIT OF
FLORIDA EAST COAST RAILWAY COMP
TO BE OBTAINED AND KEPT IN FULL F0110E 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.
T,°�
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,
FLORIDA EAST COAST RAILWAY COMPANY
OFFICE OF CHIEF ENGINEER r�
a • r r
T? GENERAL SPECIFICATIONS FOR SOBGRADE AND
ABOVE GRADE CROSSINGS OF RAILWAY'S RIGHT OF WAY
Y„-
Z. 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 Railwayfs 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.
ZI. 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.
I. The method of installation will be detailed including
the location of jacking pit as measured
of near track. from centerline
1
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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: `
i
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 THICKNESS
finches) (inches)
--
6 - 16 1/4
18 - 20 5/16
22 - 24 3/8
26 - 28 7/16
30 - 34 1/2
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.
2
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6. All casing pipe installations where the diameter is
greater than 48 inches will require a preconstruction
E: 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.
Z'
S. All costs to provide inspection will be borne by the
lessee.
D. Tunnel liner requirements are as follows:
n
I. Alla applicable pp preceding sections will govern tunnel
liner usage proposals.
a _
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.
S. 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.
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b. Joints: Rubber and steel joint for prestressed
pipe in accordance with-current Lock Joint Pipe
Company Specification on SPS, 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 Railways right of way,
which shall discharge into drainage ditch or sewer.
-Easing pine shalt -lave a minimum inside diameter or 6.0
inches treater that the OWN= Rutside diameter ofthe
carrier Dine, includim bg>> ends 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
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III. ABOVE GRADE STRUCTURES
A. All applicable preceding sections uLli 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
I
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.
r 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 So 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.o feet when the gate are is in the raised
position.
F 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.
I. 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.
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B. Proposed structures must maintain a minimum 10 feet of
horizontal clearance to the base of the signal/crossing
SPECIFICATIONS ADDENDUM
JULY 1995
FOR DIRECTIONAL BORE INSTALLATIONS:
1. 10 foot minimum cover -from top of the tie (beneath track
tructures) to top of bored
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2. 4 foot minimum cover from ground level to top of bored
pipe when outside of tra6k structures.
Last revised November 14, 1995
"r�aiS?•_%�itis`.;
STATE OF FLORIDA
INDIAN RIVER COUNTY
i yM1.:rTHIS
. CERTIFY THAT THIS IS
I 'It TRUE AND CORRECT COPY OF
'rHE ORIGINAL ON FILE IN THIS
OFFICE GO
DATEXV'
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