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Res 06-73 RESOLUTION NO. 6-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AGREEMENT FOR A SANITARY SEWER MAIN CROSSING THE FLORIDA EAST COAST RAILWAY COMPANY PROPERTY UNDER ITS TRACKS AT A POINT LOCATED 1022 FEET NORTHERLY FROM RAILWAY'S MILE POST NO. 316, AS MEASURED FROM JACKSON- VILLE, FLORIDA. BE IT RESOLVED by the City Council of the City of Delray Beach, a municipal corporation of the State of Florida, as follows: 1. That the City of Delray Beach, a municipal corporation of the State of Florida, does hereby contract and agree to enter into an agreement with the Florida East Coast Railway Company, wherein and whereby, said City of Delray Beach is given the right and privilege to install, construct and maintain a subgrade 8 inch cast iron gravity sanitary sewer main to be encased in a 16 inch steel casing pipe at a point located 1022 feet northerly from Railway's Mile Post No. 316, as measured from Jacksonville, Florida, and more fully described in License Agreement. Said Location is shown on print as prepared by City Engineer's Office, Delray Beach, Florida, and given Railway's Plan No. 317-3- 29, dated December 12, 1972, and is in the N.E. llth Street right- of-way extended. 2. That the Mayor with the attestation of the City Clerk, be and they hereby are authorized and directed to execute said agreement for and on behalf of said City of Delray Beach. 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this 12th day of February, 1973. ATTEST: FLORIDA EAST COAST RAILV~AY COMPANY ONE MALAGA STREET, ST. AUGUSTINE, FLORIDA 32084 December 20, 1972 File 317-3-29 DELRAY BEACH: City of Delray Beach - Subgrade 8" Gravity Sewer Main 315 + 4 63' Mr. D. E. Christison Director Public Utilities City of Delray Beach Delray Beach, Florida 3~444 Dear Mr. Christison: Referring to your letter of December 5th addressed to ~. Hudson. \~ Attached are duplicate originals of License Agreement for execution by the City. Kindly handle for execution have two witnesses sign the agree~.ents and when the corporate seal has been affixed, return both copies to this office, together with certified copy of supporting resolution, for execution by Railway. FullY executed copy will be returned for the City's files. Sincerely yours~ Industrial Developr~ent & Real Estate JPW:A Enc I o su re Fo~m 221---~evised---hlot for Stock THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this ......... day of ............................. A.D., 19 ........ by and between Florida East Coast Railway Company, hereinafter called "Railway" and CITY OF .D,ELRAY B~ACH, a municipal corporation of the State of Florida, hereinafter called "Licensee", WITNESSETH: /for the first year /and $5.00 each year thereaf~. That Railway, for and in consideration of the sum of ~20 o 00/and the covenants and agreements of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to construct, in- stall and maintain certain' appliances or fixtures for such time hereafter as the Railway, in its discre- tion, shall and may permit as follows: A subgrade 8 inch cast iron gravity sewer main encased in a 16 inch. steel casing pipe crossing Railway's right of way at a point 4263 feet south of Mile Post 315 (1022 feet north of ~P 316) as measured at the centerline of Railway's northbound main trac' ~ All as shown on Plan of the City of 'Del. ray Beach, pertinent part of which has been given FEC Plan No. 317-3-29, dated December 12, 1972, attached hereto and made a part hereof. And Licensee hereby covenants and agrees as follows: 1. That said gpPliance or fixture hereby permitted, shall be of the usual strength and fitness for the purpose used and be put in a good and workmanlike manner. All construction or installation of all of Licensee's appliances or fixtures shall be both commenced and completed within six months from date of this instrument and. so reported in writing by Licensee unto Railway within said six months or in default thereof this License Agreement shall stand automatically terminated without any notice 'or action by Railway. 2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same shall be located not less than 5.0 feet below the bottom of ties in such tracks, and properly safe-guarded as may be necessary or as required by Railway; and if it is a wire line to extend over the tracks of the Railway, the same shall be located not less than --- feet above the rails, and the poles carrying such wires shall be double-bracketed and of good and sufficient quality and size for pur- pose used and located as hereinafter designated by the Railway and 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. PAGE 1 3. That if a license is hereby given for a tel-?aph, telephone or other signal line or lines, then any crossing ~,f the same over or under Railway's trac~us, shall be constructed and maintained in conformity with Part One of Rules, Regulations and Specifications governing the construction and maintenance of telegraph, telephone and other signal lines over or under the tracks of steam railroads in the 'State of Florida, adopted by Railroad Commissioners of the State of Florida, on May 7, 1924, effective August' 1, 1924, and all amendments thereto. 4. And if a license is hereby given for an electric light or power line or lines crossing over or under tracks of Railway, then such crossing shaI1 be constucted and maintained in conformity with the provisions of the National Electrical Safety Code as set forth in Handbook H-43 of the National Bureau of Standards in its present form or as subsequently revised, amended plus additional facilities as Railway may require to pro- tect all of its corfimon carrier railroad operations, using or on Railway's right of way subject to injury or damage arising from the aforesaid location of Licensee's facilities. 5. The Licensee shall within thirty (30) days after date hereof, obtain all necessary permits, licenses and franchises required by law. Whenever under this agreement Licensee's power lines cross or are located within ................ feet from any lines or wires of 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 telephone and telegraph wires, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph wires'and lines fron~ physical hazard and inductive interference. 6. That said appliance or fixture 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 fixture as may be prescribed by said Railway. 7. That if Railway in its discretion shall give notice in writing to Licensee of the cancellation or termination of this agreement, Licensee will at its own expense within thirty days after giving of such notice, remove said appliance or fixture of the Licensee from the right of way and property of said Railway, 8. That upon Licensee failing to completely construct or install as provided in paragraph I or aban- doning or ceasing t'o use and maintain said appliance or fixture herein specified, or upon the cancella- tion and termination of this agreement as herein provided, or upon the accidental or other breaking of said appliance or fixture causing damage or danger to the Railway's roadbed, tracks, or other property, Licensee shall and will at once remove said appliance or fixture and restore the premises to its former good condition or at once repair such break or damage at its own cost and expense; and failing so to do, the Railway may make such removal or restoration at the cost and expense of Licensee. 9. That Licensee shall and will cause due notice to be given to the Railway when Licensee or its contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed and other property of the Railway with such appliances or fixtures or for excavations therefor, in order that proper protection may be provided for trains. PAGE Z 10. In consideration for ~he granting of this crossing and in recogn~tlon of the exposure to hazard of the operation of the Railway by reason of the construction, maintenance and use of said crossing, the Licensee does hereby release and agree to indemnify and save Railv:ay harmless from and against all liabilities, claims, costs and expenses for loss or damage to the property of either party hereto or of third persons and for injuries to or deaths of Licensee, or the agents, employees or invltees of Licensee or third persons or the employees of Railway caused by or arising out of the presence, maintenance, use or removal of said crossing, regardless of any negligence or alleged negligence on the par~ of any employee of the Railway. ll. Licensee covenants to pay Railway all costs of supervls~on, labor and material inc,~rred by Railway in supervising, protecting and restoring the property of the :~ailway by reason of operation of Licensee. 12. 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. 13. Licensee agrees to pay Rail~ve.y~ upon the execution and delivery of this agreement, the necessary amount of documentary stamp taxes required to ~e ~ffixed to this agreement under the laws of the United States of America~ the State of Florida~ or both. 14' Licensee agrees that, if Licensee is herein required to pay unto Railway any sum of money as may be SPecified on first page hereof, Licensee will pay unto Railway the sum of $ ~.00 in cash in advance for each year for which this agreement may be renewed or may remain in effec~ beyond one ~eax from date hereof. 15. Licensee agrees that it will, at its .expense, adjust its said fa¢illties to any physical change or additions made at any time by the Railway ~n ~ts ~racks~ or the facilities on, or its property at this location. 16. Licensee agrees that its facil~tles shall be installed and maintained by and at the expense of Licensee in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of the Railway's t~acks or equipment ~hereon, that such wOrk shall be subject at all times to ~he approval of an authorized representative of the Railway. 17. If Licensee be a municipality or a public or quasi public corpor.--tion ~hen i~ agrees that no assessment or other charges of any nature whatsoever shall be levied or made against the Railway or against its property on accoun~ of the' installation or existence of Licensee's facilities ~t this ~ocat ion. 18, Both paxties hereto agree that ~he proulsions of General Specifications on ~h~ee pages entitled, "GENERAL REQUIRE~NTS FOR PIP~ CROSSINGS UNDER TRACKS AND ACROSS RAILWAY'S RIGHT OF WAY FOR NON-FLAMMABLE SUBSTANCES"~ attached hereto and made a part hereof, shall apply to the work of and rights and privileges hereby given ~o Licensee. 19. It is fttrther mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection of a s~itable monument located on each side of the Railway's right of way at the Railway's rtgh. t of way lines, to show the location, type and depth of the encroachments sama monuments to be installed and malntained subject to approval of an authorized representative of the Railway. Page 3 20, I~ is further mutually understood and agreed by and between the parties hereto ~hat Licensee will not bore, jack or tunnel under Railway's tracks without having a railroad watchman present at all times work,hereunder is being performed, if one is deemed to be necessary by the Raflway's Chief Engineer; further, that Licensee covenants that it will ~nclude in any contract which it lets for the whole or any part of the sa~d work to be performed here- under by or for the Licensee, each and every of the following terms and conditions of the two (2) pages' attached hereto and made a part hereof entitled, "INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSE~NTS TO CONTRACTOR ' S PUBLIC LIABILITY A:~3 PROPERTY DA,~GE LIAB ILl TY INSURANCE POLICIES DURING SUCH INDEN~IITIES", and, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULl. FORCE AND EFFECT AT COST OF CONTRACTOR"° XXXX XXXXXXXXXX XXXXX XXXXXXXXXXXXXXXX IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed in dupli- cate the day and year first herein written. Signed, sealed and delivered in presence of: Florida East Coast Railway Company. ...................................................................... By: ............................................................ (seal) President. Witnesses as to Railway. CITY OF 'DELRAY BAACH. a municipal corporation of the State of Florida · B~..:. ................................................. (seal) Mayor ...................................................... A__t! .o_ _.s..t..;. .................................. (seal) Witnesses as to Licensee. Cit~ clerk FIORID~ EAST COAST RAII/'fAY C0,.P.~,~'~fv Office of Chief Engineer GE~IbIL P2iQUIP2E(':?.',~S FOR PIPE C7~)SSINSS b~.;EER TP~,CKS A[~ ACROSS P2'I~'~AY'S~.~Iu.,T~ OF WA% ~DR "' w ~.'~,~, ~ ,~ON-. IA ....B~ S~SrANCES A plan and profile drawing containing all 'pertinent details for proposed crossing shall be submitted to and meet the approval of the Chief Engineer before installation begins. Plan shall show all info~w,,stion for carrier oi~e and casing pipe, if used, and angle of crossing, Railway survey station, of distance to nearest mile post, righ't .of way !ines~ tracks and all other tbailway facilities ne~,~r point of crossing. Profile shall show pipe line in relation to actual profile of gromnd and tr,acks, proposed method of installation and location of jacking pi{' from center line of nearest track; open cut instsl!ation through Pmilway's roadbed will no% 'be pe}nnitted. %';hen crossing is for a municipality or co~mty~ application shall be accom- panied by a letter signed by an official of such municipality or county, I. GRAVITY S~'~R PIPES OR CLU.,!~RT PIPES Ac REINFORCED CONCRETE PIPE Material Soecification: Mtdified bell and spigot or tongue and groove in accordance ~.~ith current Specification C76 class IV for railway strength pipe or current specification for prestressed concrete pipe. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specification on SP~, or eouiva!ent. Joints for bell and spigot and T, and G..pipe to be in accordance with current standard practice. Joints may be made by using con.fined continuous rubber gasket. B. 'CAST IRON PIPE ' Material Soecifica rich: "' For cover not grea%er than 8 feet, pipe must conform to current A.S.T.Mo Specifica- tion A142 for ."Standard Pipe". For cover in excess of-8 feet, pipe must conform to current A.S.T.Mo Specification ' A142 for "Heavy Pipe". Joints: ~and spigot caulked ~ith lead and oakum~ or an approved mechanical type. CORRUGATED ~.~TAL CUL~P.T PIPE(USED UNCER SECON~RY TFJCKS ONLY) Material S:)ecifica tion: Pipe Shall be of a manufacture approved by P~ilway and shall be fully coated and paved, and of proper gause~ as reco.-~..ended by the manufacturer, for Cooper~s E60 railroad loading and depth of cover for proposed~ installation. -1- II. ~.'A~_.]R PiPE Ih~ER>I>,L P~g, SSUPE I~S2 TK~N 30 ~S. PER SOUAPZ INCH Nsterisl Specification~: Pipe less than ~.~ znc~:es in ~ismeter and having cover less than 8 feet must conf0~ to current A.S.T.M. Specification A37~ or equivalent for Glass ~0 pipe. ~ps 36 inches in diameter or ~re~6er, or any pipe cover g~a~er than 8'feet, must confo~ to current A.S.T.M. Specification A377 for Class 100 pipe. Joints: Bell and spigot c~ulked wi~h le~d znd os~a or ~n ~pproved mec~nical type~ (~) S~L P~ · O'~rren% A.5.T.>!. S~cificsSion A-120~ Sohedu!e ~0. Pipe less %hsn 2~ inches in dismeter %o be ~slvanized pipe. ~pe 2h inohes in disme%er or ~res%e~ %o be blsok hilarious' Joints: All ~oin%s taus% be wsldod or of. sn spproved neoha~csl (3) P~F~S~D F~D~ECED ~ON~S~ P!PE M~%eris! S~e~ifios~io~: Ourren~ ~ck Join% Pipe Oo~sn~ Specifics%ion SP-~ or 'eq~wlen~. Rubber ~nd s%eel ~oin~s in accordsnce wi%h curren{ ~ck Join% Pipe Specifics%ion SP-~ or eq~vslen%. B. INTEPdi~L PPE~SS. UPE 30 !kDSo A>m OVER PER SQLIIP~ I}~H (1) ~AST ~ON. PiPE ' Material Specifics tion~ C~rrent ~.S'.T.~~ificstion 2377, or eq~vslen6, snd of the proper class required for the ma~m~ pressu~ to be csr~ed in the pSpe line. Joint s: Bell snd spigot csulked with lesd and os~ or sn spproved mec~csl ~ype, ~te~sl S~ecifics tioga: Current A.S.T.~.L Specificstion ~-~0, for the clsss req~d for the inte~al pressure to be csrried in the pipe. ' ~pe less thsn 24 inches in diameter to be gslvsnized, Pipe '24 inches in dismeter or grester to be blsck bit~inous coated. Joint s: [11 joints must be welded or of sn spproved mec~nicsl t~e. (3) P~STF~ES~D P~IU~ECED COUCP, E~ PIPE ~me ss II-A-3 shove. · III. CASING PIPE A INTER?I~L PPE.~SL~E I2~S~ T}b~N 30 !~BS. .. Po,~ SQUARE I~[CH (1) Cssingpipe is not required, but if used to fsci!its~e installation of car~er pipe through rosdbed~ must extend beyond center line of nearest track not less than five feet n!us twice ~he distance from bottom of tie to bottom of pipe~ · . but in no case less than 20 feet from center line of neares:b trsck~ After carrier pipe has been installed in casing pipe, ends of. casing pipe must be sealed sro~d carrier pipe. If csr~.er pipe only is used, same clearances must be maintained for jacking pit. B. [~RNAL PPgSSUF~ 30 LBS. A.~D OI~R PER SOU~P~ INCH (1) Ossing pips is req~ired and shall extend from right of way line ~o right of way line of the Rat!way; may be open at both ends if local conditions pe~i% water from leaks to discharge into drainage ditch or mmnhole. If this is not practic- sble~ the casing pipe shall be sealed at both ends and s h" relief vent pro~d- . ed st either end off the ~ilwsy's right of way~ which shall discharge into drainage ditch or sewer. Clearances for jsc~ng pit same ss described in C. CASING PIPE SPECI~CATIONS: (1) Ossing pipe shall ~ve s minimmm inside diameter of six inches greater %he ~m~ outside diameter of the carrier pipe, including bell ends or . flanges. (2) ~pe shall be in accordance with c~rent A.S.T.M. Specification ~-139 and shall be protected by a black bit.incus coating in accordance with current B.R.E.A. Specification 1-~-!3 'for PROTECTION AGAINST COPg0SION. Wall thic~ess shall be in accordance with table below: ~smeter (Inches) Thic~ess (Inches) 6 thro~h 16 18 & 20 5/16 22 & 24 3/8 26& 28 30,32 & 34 · 36 & 38 9/16 (1) That portion of pipe, either cssi~ or csrrie.r pipe, e~tendi~ thro~h the '~ilway's roadbed and render its tracks shsl! be installed by boring-jsc.._..~ method approved by the Chief Engineer of the P~il~ay~ but in no case may the nearest side of the borin~ or jsckin~ pit be closer than 20 feet from the center- line of the nearest track. Re~ining portion of pipe ~y be installed by open trench meth.:]. (2) Minimum cover 5 feet bel,~ the bottom of ties to top of pipe req~rcd for al! pipe (3) Backfill shall bo 'thoroughly tamped in'layers after pipe has been tested to pressure of 1-1/2 times msximmm wor[~ng pressure and fo~d to be tight. INDEf~NITY TO FLORIDA EAST COAST RAILWAY CO,~[PANY AND CONTRACT~JAL LIABILITY ENqDORSER~N'r$ TO CONTRACTOR' S PUBLIC LIABILITY AbE) PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DL~ING SUCH INDE,~qITIES. In further consideration of %he s~ms of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees ~hat it shall and will at all tJ]nes hereafter, indemnify and save harmless Florida East Coast Railway Company from and against all suits, claims and judgments, and all loss, damages, costs, charges and e~<penses which Florida East Coast Rail%ray Company may suffer,, sus~hin, or in anywise be subjected to on accoUnt of or occasioned by the operations, whether or not negligent, of the Contractor or any of the subcontractors, or bo~h, such directly or indirectly under or pursuant to this construction contract~ up to the total sums of money, as folio%rs: A. On account of death, personal injuries, loss of income or earning ability of any person~ including without limitation on 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 $500,000.00 each person injured or killed, and $1,000~000.00 each accident occurrence. B. Loss~ damage, injury and loss of u~e 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 tUnG foregoing enumerations all railroad equipment commonly described as rolling stock and the contents of the same, all in ~he aggregate limit of $500,000°00. .. 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 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 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 RaiI~ay 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 follo~ving any such break in the continuity of said track or tracks as the case may be of said Railway Company at or wit-him one hundred feet of said areas, INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY CObH~ANY TO BE OBTAINED, 'KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR. In fUrther consideration of the sums of money herein specified to be paid to Contractor~ Contractor~ as its cost and expense~ shall obtain and keep in effect until acceptance of all of. the work under this construction by CITY 0F DELRAY BEACH insurance policy or policies in the limits of $500,000.00 each person injured or kil~ and $1,000,000.00 each accident occurrence.and '$500,O00.O0.property damage 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 and within the limits specified in the foregoing paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract as aforesaid Railroad Protective Liability Pollcles insuring Florida East Coast.Railway Company directly as insured against the losses and damages but within the limits specified in the foregoing indemnity paragraph. All such insurance directly or indirectly for the benefit of Florida East Coast Railway Company shall be in form satisfactory to the Manager, Industrial Development and Real Estate of Florida East Coast Railway Comp~any or its .penera! Attorney and issued by a casualty insurance company authorized to do business in the State of Florida and having a "Bests" rating of not less than Four A's or better.