HomeMy WebLinkAboutCSX FACILITY ENCROACHMENT AGREEMENT -CSX 059412 ORIGINAL RESOLUTION
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Book 01212: 1467 Augusta - Richmond County
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$0 00 AGREEMENT
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2009011976 Augusta - Richmond County
After recording, return to
Augusta Utilities Department
Attn: Land Acquisition
360 Bay Street, Suite 180
Augusta, GA 30901
(706) 312 4143
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, Made and effective as of November 17, 2008, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUST A, GEORGIA, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Georgia, whose mailing address is 360 Bay Street, Suite 180, Augusta, Georgia 30901,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," within one single casing over, under or across property owned or controlled by
Licensor, at or near Augusta, Richmond County, Georgia, Milepost AK-463.14:
1. One (1) eight inch (8") diameter sub-grade pipeline crossing, solely for the conveyance of
potable water, located at;
2. One (1) sixty inch (60") diameter sub-grade pipeline crossing, solely for the conveyance of
reclaimed/non-potable water;
hereinafter, collectively, called the "Encroachment," as shown on print(s) labeled Exhibit "B,"
attached hereto and made a part hereof; other details and data pertaining to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration ofthe mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or riQ:hts in the subiect nronertv: and
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AGREEMENT NO. CSX059412
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and planes).
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FIVE THOUSAND AND 00/100 U.S. DOLLARS ($5,000.00) upon execution ofthis
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
ofthe cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and ofmaterial(s) and
size(s) appropriate for the purpose(s) above recited.
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AGREEMENT NO. CSX059412
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission ofliability or
responsibility by Licensor, or as a waiver by Licensor of any ofthe obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety'rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et aI., and
State "One Call" - "Call Before You Dig" requirements.
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AGREEMENT NO. CSX059412
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance ofthe Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure oflateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation oftrack(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height ofthe
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
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AGREEMENT NO. CSX059412
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part ofthe Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions ofthis Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the fullest extent permitted by State law (constitutional or statutory, as
amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and
against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), 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 construction, repair, maintenance, replacement, presence, existence,
operations, use or removal ofthe Facilities 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 willful misconduct or gross negligence of Licensor.
HOWEVER, to the fullest extent permitted by State law, during any period of actual
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construction, repair, maintenance, replacement or removal of the Facilities, wherein agents,
equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
9.2 Use of Licensor's rail corridor involves certain risks ofloss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape ofthe material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
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AGREEMENT NO. CSX059412
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance
(CGL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE
MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per
occurrence for bodily injury liability and property damage liability is currently required as a
prudent minimum to protect Licensee's assumed obligations. The evidence of insurance
coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee,
prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement,
to CSX Transportation, Inc., Speed Code 1180,500 Water Street, Jacksonville, FL 32202. On
each successive year, send certificate to Speed Code C907 at the address listed above.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
10.5 (A) In the event Licensee fmds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor( s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 350196) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
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PS - FORM 1001-G
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AGREEMENT NO. CSX059412
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant
to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
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13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email
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address: OP _ Request@csx.com. A blank form, as well as additional instructions and
information, can be obtained from Licensor's web site, via web link:
http://www.csx.com/?fuseaction=general.csxp _flag.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information ofthe emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 706-312-4143.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, 1180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change oflegal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
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17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all ofthe rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent ofthe
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise ofthis Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
Page 11 of 14 121
Book 01212:1478 Augusta-Richmond County
2009011976 04/06/2009 15: 17:58.00
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation ofthe Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form ofthis Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
Page 12 of 14 121
Book 01212:1479 Augusta-Richmond County
2009011976 04/06/2009 15: 17: 58.00
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing fIrm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RESERVED:
20. RESERVED:
Page 13 of 14 121
Book 01212:1480 Augusta-Richmond County
2009011976 04/06/2009 15: 17:58.00
- - ~ PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date ofthis Agreement.
Witness for Licensor:
~~r
CSX TRANSPORTATION, INC. -
~.~<:::::.
By: .tJ~ ~
Marie A. Musfe\dt
Director
Print/Type Name:
Print/Type Title:
AUGUSTA, GEORGIA
By:
U2-:H ~
Who, by the execution hereof, affrrms that he/she has
the authority to do so and to bind the Licensee to the
terms and conditions of this Agreement.
Print/Type Name: "J>A II]:. P 5 - eofC;,J t-f~ V&~
Print/Type Title: ft14'-fl>J1-
Tax ID No.: 59- 2..z.(')~ 2-7 ~
Authority under Ordinance or
Resolution No.
Dated D FCEM I3GIt
J~ . 2008
,
Page 14 of 14 121
FORM CS' --')7455 - Rev. 07/02/2007 (Page I of 4)
Book 01212:1481 Augusta-Richmond County.,
200901197604/06/2009 15:17:58.00
TRANSPORTATION APPLICATION FOR PIPELINE CROSSING/PARALLELISM
All applications are to be submitted in accordance with CSXT's Pipeline Specification DA TE RECEIVED
Package. Failure to strictly adhere to these specifications will result in delays, additional cost re _
and possible return of your application. Drawings should either be 8W' x 11", 8W' x 14" or n [f; ~
11" x 17" size (refer to Drawing requirement checklist). CSXT reserves the right to approve P
decline any application. FEB 1 9 2008
One original and one copy of this application form, together with plan and profile drawings,
and a $750.00 nonrefundable Review Fee are to be submitted to: CSX Transportation, Inc.,
Property Services Department, J180, 500 Water Street, Jacksonville, FL 32202.
CSX TRANSPORTATION
PilOPERlY SERVICES
· No work may proceed on CSXT's right of way until the Licensee has received a fully executed agreement and obtained
notice to proceed from CSXT's local Roadmaster or its designee.
· Due to future maintenance responsibilities CSXT will not enter into an agreement with a Developer. It is the
Developer's responsibility to coordinate the application with the local governing municipal authority.
· No verbal approvals will be granted. No Blasting on/under/near CSXT right of way. No Directional Boring.
Application Date:
CSXT File/Agreement Number: C~\:.[yr'Sq4-( 2.
(c) D Other
Describe:
e D Individual
i~Section~-2:"Eit'''irteer/Consultant'In(d~~?,~t~
Engineer/Cons ultant
Com an Name: Zimmerman Evans and Leo
Contact Nameffitle: Jorge E. Jimenez P. E.
Street Address for Overnight
Mail: 435 Telfair Street
Ci /State/Zi :
Email Address:
Office/Fax:
Cell/Alternate Phone:
i~Checkhere'i ,ift,.eement shouliJ'/i'e:m({i1elltiP'thi$"alJdresS)i,,:tV,li
GA
30901
724-5789
I
I
Continued on Page 2..
EXHIBIT A
CSX 059412
Sheet 1 of 15
Book 01212:1482 Augusta-Richmond County
2009011976 04/06/2009 15:17:58.00
FORM C~ -')7455 - Rev. 07/02/2007 (Page 2 of 4)
I
Application Date:
~ t;\ / n. e:::-O. A \2-
CSXT File/Agreement Number: ~ '!- L J -l "I
a
Au usta
irn Crossing Only
(Complete Section A or
B
Coun: Richmond
o Crossing & Parallelism
(Complete Sections A or B & C)
State/Province: GA
o Parallel Only
(Complete Section C)
A. RR Mile ost Location for Crossin
Crossin location: 789
Latitude: N
If Known: Valuation Station:
n.
B. RR Mile ost Location for Crossin s ur track *Do not measure from a DOT si n.
Spur Track Crossing Location: _ ft. (N / S / E / W) (direction) from RR Milepost: to point-of- switch,
then: ft. alon s ur track to crossin location.
Latitude: N
If Known: Valuation Station:
C. RR Mile ost Location for Parallelism
Parallelism location Enters CSXT RJW:
CSXT RJW: ft. / S / E / W
Latitude: N
If Known: Val. Station:
Latitude: N
If Known: Val. Station:
*Do not measure from a DOT si n.
ft. (N / S / E / W) (direction) from RR Milepost: , and Exits
direction) from RR Mile ost:
Lon itude: W
Val. Ma
itude: W
Val. Ma
= Entrance
= Entrance
= Exit
= Exit
Crossing Length/Segment Parallel Length/Segment
onRRR/W: onRRR/W:
Will i eline be located entirel within ublic road R/W? 0 Yes, DOT Crossin No.:
NOTE: Road name, number, and width of RJW are re uired on drawin .
Ft.
,. No
Continued on Page 3.. .
EXHIBIT A
CSX 059412
Sheet 2 of 15
Application Date:
Book 01212:1483 Augusta-Richmond County
200901197604/06/2009 15:17:58.00
CSXT File/Agreement Number: (~S l.t () S-Q4 ! 2,
FORM cSXT 7455 - Rev. 07/02/2007 (Page 3 of 4)
CARRIER PIPE:
~W WAlER / ~GLt. WA1'"fJi
ap
ote: Metric In ormation will NOT be aeee ted.
CASING PIPE:
N/A
N/A
N/A
Protective Coating:
Cathodic Protection:
DYes
,then
Comments:
Continued on Page 4...
EXHIBIT A
CSX 059412
Sheet 3 of 15
Book 01212:1484 Augusta-Richmond County
200901197604/06/2009 15:17:58.00 FORMC~ )7455-Rev.o7/02/2007(Page40f4)
CSXT DRAWING REQUIREMENTS FOR PIPELINE CROSSING/PARALLELISM
Cb~ c'SQ41'0 I
Application Date:
Agreement Number:
All information and measurements are to be clearly labeled and shown on all drawings. All drawings are to be submitted with CSXT's
pipeline occupancy application form No. 7455. Failure to strictly adhere to these requirements may result in delays, additional costs and
possible retum of your application.
Drawings should either be 8]/2" x 11 ", 8]/2" x 14" or 11" x 17" size. CSXT reserves the right to approve or decline any application. Gray or
monochrome scale required. Aerial photos must be separate from the drawing.
All applicable boxes must be checked,
(Note: Metric Information will NOT be accepted.)
~ Legible Drawing(s) size BY, x11, BY, x14 or 11 x17.
0 Overall plan view for parallelisms
M North Arrow
~ Title block with owner's legal name, drawing number and date.
il New pipeline in bold lines.
m Distance and direction from CSXT actual milepost monumentlmarker (not the DOT sign at the road crossing).
W Distance and direction from nearest track and public road intersection.
~ Public road right-of-way lines (if within the confines of a public road crossing).
E CSXT right-of-way lines relative to centerline of adjacent track(s).
~ Width of CSXT right of way.
~ Angle of crossing at track(s), and number of tracks crossed. EXHIBIT A
li1 Plan View, cross-section and profile of casing and carrier pipes. CSX 059412
.IXJ. Points where pipeline enters and leaves CSXT's right-of-way. Sheet 4 of 15
.Ii. I
Total length of carrier and casing pipe within CSXT right of way.
.IXJ. Cross-section of track at encroachment, including relevant dimensions.
Depth/minimum cover of casing pipe measured from:
Oil Top of pipe to bottom of rail
1M !If Within the right-of-way but not beneath the track(s)
ad Below any ditches
Da Description of Casing Pipe End Seals
E Measurement to any manhole(s)/other(s) from nearesUadjacent track(s) and milepost.
0 Size and location of Vent pipes on cross sectionlprofile drawing (for flammable substance with sealed casing pipe). N/A
Location of shut off valves:
.Iil (a) Crossings: No further than 2,000 feet from centerline of nearest track;
(b) Parallelisms: Within 2,000 feet of entrance and exit point of CSXT right-of-way
0 Location of any CSXT signals, signal equipment, road crossing warning devices, poles, pole lines, bridges, and any other facilities relevant to the
pipeline and the location of the pipeline.
<<l Location of all proposed/performed geotechnical borings - This is required for all casings with an 0.0. of 4B inches or greater.
0 Facilities, structures, obstructions, etc... to be relocated.
0 Distance of face of Launching & Receiving Pits located from centerline of adjacent track @ 90..
0 Launching Pit and Receiving Pit Dimensions: Width, Length and Depth.
I affirm that I have reviewed CSXT's Pipeline Specifications and the foregoing information complies with the current CSX Pipeline Specifications, governing
laws or regulations, and accurately reflects the proposed pipeline crossing/parallelism of CSXT's right of way.
Applicant's Signature:
- - -~-
Book 01212:1485 Augusta-Richmond count;---
200901197604/06/2009 15:17:58.00
TUNNEL CONSTRUCTION
Submittal Package
FOR
RICHMOND COUNTY, GA
GOODRICH ST. RWPS IMPROVEMENTS
CONTRACT I
Prepared By
LENNUT & COMPANY, INC.
DATE
10/31/08
EXHIBIT A
CSX 059412
Sheet 5 of 15
Book 01212:1486 Augusta-Richmond County
200901197604/06/2009 15:17:58.00
1) Materials and installation oftwlllelliller
We propose to install the 84" liner plates by method of hand mining. Please see the
attached shop drawings and calculations for the 84" - 5 gauge 4 flange tunnel liner plates
we propose for these tunnels. Blasting for these 2 crossings is not anticipated.
2) Materials and installation of sewer pipe
Crowder is to supply Lennut with the specified carrier pipe. Please see their submittal for
this pipe. Once the tunnel is complete and clean, 2"x 2" x W' angle iron will be grouted
in the bottom of the tunnel to allow the pipe to set inside the angles on line and grade.
Next, the pipe will be carried into the tunnel. Once each pipe is carrier into the tunnel it
will be belled up to the previous pipe using jacks.
As each pipe is installed it will be blocked with 4"x4" timbers at 5 locations at each joint
to resist flotation.
3) Maintenance of alignment and grade
Three survey monuments will be placed by the surveyor near each shaft to provide survey
control. These monuments will be placed using control data given on the construction
plans and clearly marked and protected. These benchmarks will be used to locate the
center of each shaft and as shaft construction progresses, the center of the shaft will be
checked to ensure proper shaft alignment.
Once each shaft is constructed, we will establish control in the shaft bottom by
establishing a benchmark, control point, and centerline notches on the shaft liner plate.
The laser that will be used to guide the hand mine crew (Top con TP-13BG) will then be
set using a total station and the established controls in the shaft bottom. The laser will be
mounted to the shaft wall across from the pOlial and protected. The laser will be checked
at least daily and all instruments will be calibrated as recommended by the instrument
manufacturer.
Comments - Lennut will take elevations of top at rail dailv or as directed bv the
inspector. Should an elevation chan2e occur we wil1 immediately contact the CSX
inspector an take appropriate action.
4) Control of groundwater and surface drainage (delFatering)
According to the provided bore logs, water is not expected within the excavation limits.
If groundwater is encountered during the excavation of the shafts, sufficient sized pumps
will be used to sump the water from the excavation. Once the shaft is complete, a
pennanent sump will be constructed to handle the water coming into the shaft.
EXHIBIT A
CSX 059412
Sheet 6 of 15
. '
~~~~g;~~~~ ~tIOS;;;;:fOOo~5~;~n~8. 00
5)
A1ethod of excavation removal
A rail system will be installed in each tunnel and a muck box will be utilized to remove
muck from the face to the shaft for proper removal. The muck boxes will be lifted from
the shaft bottom by a boom truck and the muck will be placed in a stock pile in a safe
location. The stockpiles of muck will be maintained and stabilized until they are
removed from the site by Crowder.
6)
Grouting outside of casing
Voids outside of the installed liner plates will be grouted with a Mayco Grout pump
through 2-inch holes in the liners plates no more than 4 feet on center as specified.
Comments - Grouting to be performed at end of each shift or 6 linear fcet whichever
comes first. Grout to be a 1:6 cement to sand ratio.
7) Grouting between casing Clnd sewer pipe
Once all liner plate is installed and has been cleaned, grout tubes will be placed in the top
of the tunnel. These tubes will be staggered and extend to the portal. This pipe will be
used in grouting the void between the carrier pipe and tunnel. The staggeting of the tubes
will allow the grout not to have to travel more than 50 If in either direction.
To detennine how much grout will be pumped into each tube, we will use the following
fOlmula:
V olume of void in tunnel /3 lifts / # of grout tubes placed in top of tunnel.
Please see the attached information on our proposed Cellular Grout from our
manufacturing rep, Vennillion and Associates.
8) Bulkheads
Bulkheads will be constructed with brick and mortar at all entrance and exit shafts and
grout tubes will extend just beyond these bulkheads into the shaft. These bulkheads will
be constructed once the pipe has been installed and blocked on line and grade and before
the void is grouted.
EXHlB\T A
CSX 059412
Sheet 7 of 15
. .
, .
Book 01212:1488 Augusta-Richmond County
200901197604/06/2009 15:17:58.00
y. II~
~~,
errnllOn™
C111(1 (:~S:S()!:~c~tf;s
Concrete Solutions T;.~
2176 Sargent Daly Dr. Chattanooga, TN 37421
Phone: 423-505-5948 . Fax: 800-783-8459
eMail:ronvermillion1 (wcomcasLnet . Home Page: www.vermiUionassociates.com
Project Submittal Recommendation Revised 10-31-08
October 31, 2008
Brent Dillahunty
Project Engineer
Lennut & Company, Inc.
P.O. Box 752
Madisonville, TN 37354
Re: Performance Cellular Grout
High Point, NC Project
Dear Mr. Dillahunty,
Thank you for your telephone call today. Following our review of your
revised requirements we respectfully submit the following recommendation
for cellular grout designed specifically for the 30 lb. ft3 minimum dry unit
weight requirement of this project.
The following cellular grout would reach a typical 28 day compressive
strength of 185 psi. The grout mix design would be as follows.
Per Cubic Yard:
Cement = 6491bs.
Water = 39.1 gallons
Foam = 18.5 cubic feet of VariMax HS: 320 four (4) lb. density,
engineered cellular foam.
This mixture would be very flowable and easily pumped into small fissures
and openings. It would have a wet cast unit weight of 37.50 Ibs./ft3 and dry
unit weight of 31.50 Ibs.lft3
VariMax HS:320 foam meets the standards of ASTM C-869 "Standard
Specification for Foaming Agents used in Making. Prefonned Foam for
Cellular Concrete" when tested following ASTM C-769 Testing Method for
innovative products and equipment for specialty concrete construction
Page 1 of 2
EXHIBIT A
CSX 059412
Sheet 8 of 15
\,
. .
October 31,2008
Page 2
Foaming Agents for Use in Producing Cellular Concrete Using Preformed
Foam".
Book 01212:1489 Augusta-Richmond County
200901197604/06/2009 15:17:58.00
Advantages of Cellular Grouts:
. less load on the interior pipe from the weight of the grout.
. less force in pumping due to low pump pressures needed to move
ultra lightweight grout.
. more complete filling of the voids in the annular space when
compared to typical high water content or sanded grouts.
. Compressibility of the hardened cellular grout protects the interior
pipe by absorbing geological forces following the installation.
. Strength - cellular grouts are several times stronger in compression
than compacted soil at nowhere near the weight (dead load) of concrete
or flowable fills.
Brent, this mixture would be very similar to the grouts that we used on the
Parson's Brinkerhoff water main projects for the City of Atlanta that were
supervised by CH2MHill.
Thank you again, if I can be of further service, please let me know.
Very best of regards,
~(Ut1le'U1~
Ron Vermillion, CEO
cc: Bill Privette
EXr\\Brr A
CSX 0594 ~ 2
'~5
Sheet 9 0\
Book 01212'1490 A - -_u_
2 . ugusta R.-----
0090 11976 04/06/2~c3~0;d ~ounty
. .u".".__'.."'__ __ 5.17:58.00
l-'age 1 ot 1
. ,
- ,
Charlie Fuller
From: Ron Smith [rsmith@americancommercial.com]
Sent: Monday, November 03,20082:47 PM
To: Charlie Fuller
Cc: 'Jim Bresnen'; Geoff Clemens; Vanessa Cox; Larry DeGraff
Subject: Goodrich Street RWPS Improvements, Augusta, GA
Dear Charlie
You asked me to write and explain the material used for the manufacture of the proposed tunnel liner plates on the above project.
These liner plates (our Dwg. No. 08-8-061) are designed and manufactured per AREMA Manual for Railway Engineering, Part 4,
Section 16. This section specifies the material as ASTM A569. However this specification was discontinued in 2000, and replaced by
ASTM A 1011. The liner plates are formed from material according to this ASTM A 1011.
I hope this answers your questions. Please contact me if you need more information.
Sincerely,
Ron Smith, P.E.
Director of Engineering
DSI American Commercial Inc.
200 Bob Morrison Blvd.
Bristol VA 24201-3810
Phone: 276-466-2743 X223
Fax: 276-669-0940
Direct: 276-466-6825
EXHIBIT A
CSX 059412
Sheet 10 of 15
11/3/2008
EXHIBIT A
CSX 059412
Sheet 11 of 15
.rft
5 b ;tS
AMERICAN
COMMERCIAL
I N COR P 0 RAT E 0
compony
OATE5-1-08
BY R.SMI1H
SHEET 1 OF 4
GOODRICH ST. RWPS IMPRVMNT
CON fRACT I
AUGUSTA, GA
LENNUT, INC.
Book 01212:1491 Augusta-Richmond County
200901197604/06/200915:17:58.00
LOAD CALCULATIONS FOR
. 81_~.~_ 0 ~1l.._.L1N E.EL FJ LA T.E TUN N E L
5 GAGE X
1 6" WIDE CORRUGATED
FOR CSX RR CROSSING
.
IMPORTANT NOTICE: Any and all designs. plans. drawings, specifications. advice relotive to oeo100leal and sofcty c<lndillans, and 011 other technical ond
cnOineerlno services which .... moy hove furnished or may furnish with reference 10 this matter or lhe project to which it relates ore furnished solely
for your review and approval and lf1. opprcwol of your llngine.ml. We make no repr..sent4tion or wormnty ..lIh ""peel ta the accurocy or suf!iciency
of any of such documents, advice or service., nor shall we hove ony liob;~ty of any kind or nalure with r....peel he",ta, whether or not so ",viewed
and opproved by you and your engineers
, .
AMERICAN
COMMERCIAL
N COR P 0 RAT E D
DATE5-1 -08
BY R.SMITH
SHEET 2 OF 4
GOODRICH ST. RWPS IMPRVMNT
CONTRACT I
AUGUSTA, GA
LENNUT, INC.
company
ANTICIPATED LOAD CALCULATIONS
PER AREMA MANUAL FOR RAILWAY ENGINEERING
SECTION 4.15 - STEEL TUNNEL LINER PLATES
csx RAILROAD
x
o
E
Soil (Sand
& Clay)
" ir' ,-'~?
I. f: /,-'
:.' \~fF \.....,..,.'1'
?
Assume tunnel IS In all clay
--"
c
..
f"')
Unit weight of soil w = 130 pcf
Height of cover H = 13 ft. max
Tunnel diameter D = 7.0 ft
HID = 13 I 70 = 1.9
Soil coefficient Cd = 19
for HID = 1.9 (Figure 1-4-27 saturated clay)
~
= external pressure due to dead loads
= Cd x w x D = (1.9)(130 pcf)(7.0 ft) =
1729 psf
~
= external pressure due to live loads
= 733 psf from AREMA specifications for H = 13 ft (Table 1 -4- 39)
P total external pressure
= Pd + f1
= 1729 psf + 733 psf
= 2462 psf
EXHIBIT A
CSX 059412
Sheet 12 of 15
IMPORTANT NonCE: Any and 011 designs. plans. drawings, specifications. advice relative to geological and sofety conditions. and 011 other technical and
engineering services which we mey hove furnished or may furnish with reference to this matter or the project to which it relates ore furnished solely
for your review and approval and the approval of your engineers. We make no representation or warrenty wah respect to the occuracy or sulliciency
of any of such documents. advice or services nor shell we hove any liability of any kind or nature with respect hereto whether or not so reviewed
and approved by you and your engineers
4i.
~ 'J> .as
I\) CD
00
o~
COo
0.....
...~
~N
CO:";'
-..J~
(J)~
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Oc:
(J)!a.
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01Q.
, . ()
"'0
-..Jc:
" ::l
01-
00'<
o
o
AMERICAN
COMMERCIAL
INCORPORATED
DATE5-1 -08
BY R.SMITH
SHEET 3 OF 4
GOODRICH ST. RWPS IMPRVMNT
CONTRACT I
AUGUSTA, GA
LEN NUT, INC.
company
ALLOWABLE LOAD CALCULATIONS
PER AREMA MANUAL FOR RAILWAY ENGINEERING
SECTION 4..15 - STEEL TUNNEL LINER PLATES
(,2092") X 16" wide x 84" 0.0. corrugated liner plates
AC.1. OWG.. NO.. 08-8-061
5 gage
Joint Strength
Ultimate seam strength USS = 67100 Ib/tt
Allowable thrust T = USS/3 = 22366 lb/tt Safety factor =3.0
Safe load P = 2xT 2 (22366 lb/ft) = 6390 pst
o 70 ft
Minimum Stiffness
E=modulus of elasticity
I=moment of inertia
O=diameter
in 4jin)
M..S.. =
E x I
D2
(29x 106 psi)(0..1081
( 84 in) 2
= 444 > 111 O.K.
=
Critical bucklinQ
r=radius of gyration
k=soil stiffness factor
f u =tensile strength
Critical diameter Dc = ~ j 2i~E
(0.64x0.75)
0.44
24(29x 1 06 psi)
42000 psi
=
= 140..4 in > 84 in. actual diameter
Compare these two diameters to select the appropriate formula.
f _ _fu 2 [k x 0 J 2
Allowable stress fc
u 48 E r
420002 r 0 44x84 ] 2
= 42000- 48(29x 106) La. 64x0.75
= .34486 psi
Use fc = 28000 pSI (maximum allowable yield point)
IMPORTANT NOTICE: Any and 011 designs. plans. drawings, specifications. advice relative ta geological ond sofety canditions, and 011 other technical end
engineering services which we may have fumiShed or may furnish with reference to this maller or the project to which it relates ore fumished solely
for your review and approvol and the approval of your engineers. We make no representation or warranty with respect to the accuracy or sufficiency
of ony of such documents advice or services nor sholl we hove ony liability of any kind or nature with respect hereto whether or not so reviewed
and approved by you and your engineers
EXHIBIT A
CSX 059412
Sheet 13 of 15
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AMERICAN
COMMERCIAL
NCORPORATED
DATE5-1 -08
BY R.SMITH
SHEET 4 OF 4
GOODRICH ST. RWPS IMPRVMNT
CONTRACT I
AUGUSTA, GA
LENNUT, INC.
Allowable thrust T
fcx A
F.S
(28000)(1.5818 in2/ft)
2..0
= 22145 Ib/ft
Safe load P
2xT
D
=
2 (22145 Ib/ft)
7.0 ft
6327 psf
MAXIMUM SAFE LOAD
6320 PSF
This is greater than anticipated load. OK
EXHIBIT A
CSX 059412
Sheet 14 of 15
IMPORTANT NOTICE: Any and 011 designs. plans. drawings. specifications. advice relative to geological and safety conditions. and 011 other technical and
engineering services which we may have furnished or may furnish with reference to this molter or the project to which it relates are furnished solely
for your review and approval and the approval of your engineers. We make no representation or warranty with respect to the accuracy or sufficiency
of any of such documents advice or services. nor shall we have any nobility of any kJnd or noture with respect hereto whether or not so reviewed
and approved by you and your engineers
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EXHIBIT A
CSX 059412
Sheet 15 of 15
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Book 01212:1496 Augusta-Richmond County
200901197604/06/2009 15:17:58.00
\j
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f--------w-
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EXHIBIT 8
CSX 059412
Sheet 1 of 3
APPROVED FOR CONSTRUCTION
APPROVED B~:"~\~~ ...,-..),-.9-
cax 'ENGIN'"EERING
DATE:~
20' 0 20' 40'
.-_ L.r--~ I I
SCALE: 1"=20'
RICHMOND COUNTY, GEORGIA
BOND PROJECT NO. 1 0250
GOODRICH ST. RWPS IMPROVEMENTS
CONTRACT I
RAILROAD CROSSING
PLAN
EEL E N ~UC;:~;R s
ZIMMERMAN, EvANS, AND LEOPOLD, INC.
SCAlE: 1".20' 1
FILL WITH CELLULAR GROUT
GROUT ANNULAR SPACE BETWEEN
EARTH AND TUNNEL LINER
1: 6 (CEMENT: SAND) GROUT
Book 01212: 1497 Augusta-Richmond County
200901197604/06/2009 15:17:58.00
8" RESTRAINED JOINT
D./.P. CARRIER PIPE
ARMCO 2 FLANGE CORRUGA TED
TUNNEL LINER OR EQUAL
60" RESTRAINED JOINT
D.IP. CARRIER PIPE
nMBER SKID
TUNNEL SECTION DETAIL
SCALE: 1/2"=1'-0"
EUb,1 UE::t.J2 ,Db
APPR6Yt'. .' .">'~"" "
OV~D iCy --Ct:::.." a
L' D i!/.~ 0-
APPR" "trI-n:~NEERING~
DATE: 111/4/08
I I
EXHIBIT B
CSX 059412
Sheet 3 of 3
AUGUSTA, GEORGIA
BOND PROJECT NO. 10250
GOODRICH ST. RWPS IMPROVEMENTS
CONTRACT I
60- RW / S- PW
TUNNEL SECTION DETAIL
170
160
150
140
130
Book 01212:1498 Augusta-Richmond County /...0
200901197604/06/2009 15:17:58.00 ;yf.
~
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58'
! I ',II
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r~--_l____~
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5-
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;t EXISTING 18"~ SEWER
/ ~ (TO BE ABANDONED)
10' /
i / BORE PIT LIMIT, TYP.
'k' 170
_ I/-'-- 8" p~ ~w. - EXISTING 6"~
_ """ _ _ _ I- _ _ _ PVC RW
" / ~r160
C ___~~~, ,_J ...--\ I /'
", 1. \ ~ / 150
~ ..Y ../'
~
"- THEOREnCAL
EMBANKMENT LINE
~O L.F. 84" TUNNEL LINER
c:'::==========':i
140
130
SCALE: '''=20'
60" R. W. PROFILE
j~PPROVEB ~Dft DftNlflU6fl6N
APPROVED BV::~~~--Y-
csx ENGI EERING
DATE: /I! ILl/06
20' 0 20' 40'
l.. _-..J I I
SCALE: '''=20'
EXHIBIT B
CSX 059412
Sheet 2 of 3
"
Filed in this office:
Augusta-Richmond County
04/06/2009 15:17:58.00
ELAINE C. JOHNSON - --
Clerk of Superior Court
=.
"
RICHMOND COUNTY, GEORGIA
BOND PROJECT NO. 10250
GOODRICH ST. RWPS IMPROVEMENTS
CONTRACT I
RAILROAD CROSSING
PROFILE
ZEL. EN7::'E;RS
ZIMMERMAN. EVANS, AND LEOPOLD, INC.
SCAlE: '--20' DATE: SEP 2007IREl':0302_011~~ 1 C
RESOLUTION
APPROVE AN ENCROACHMENT AGREEMENT (CSX-059412) WITH CSX
TRANSPORTATION, INC.
WHEREAS, the Augusta-Richmond County Commission has been petitioned to approve
Encroachment Agreement CSX-059412 for a tunnel crossing to the Goodrich Street Raw Water
and Pumping Station, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Augusta-Richmond County Commission has elected to approve said
Encroachment Agreement; and
WHEREAS, it is appropriate for approval of the Encroachment Agreement by the
Augusta-Richmond County Commission be shown by execution of said Encroachment
Agreement;
NOW, THEREFORE, it is hereby resolved as follows:
1. The Augusta-Richmond County Commission does hereby approve the Encroachment
Agreement.
2. It is further determined that the Mayor of Augusta, Georgia shall execute the
Encroachment Agreement, a copy of which is attached hereto as Exhibit A.
This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond county Commission, this 16th day of December
2008.
~
Augusta)-i<jl;nond ~ssion
BY: lJL~
Deke Copenhaver
As Its Mayor
ATTEST:
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