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Form 1832-1 - Sheet No.4
pipe, then the Licensee shall, immediately after receiving written demand, make
such changes in said improvements at its expense, or authorize the Railroad
to make such changes as required, in which event the Licensee shall promptly
reimburse the Railroad for the cost of making such changes. Should it fail
to reimburse the Railroad, then said Railroad shall have the right, in its discretion,
to remove said improvements from said right-of-way.
WITNESS the signatures of the parties hereto this the day and year first
above written..
LOUISVILLE AND NASHVILLE RAILROAO CmlPANY
BYAs its~ dio;~J
Vice President~Operations
TOlIN OF CARNEL, INDIANA
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EXHIBIT lOA"
LOUISVI LLEAND NASHVI LLE RAI LROAD COMPANY
,19
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Gentlemen:
It is understood that you have been engaged by
to perform work as described below which requires
that you er.ter upon the ri ght~of-way or property of the Loui svi 11 e and Nash-
vi 11 e Rai ll'cad Company.
Description of project:
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Permission is' hereby granted to enter upon the Railroad Company's property
and to perfl,lrm work near, over or. under the tracks of the Ra i 1 road Company as
necessary to complete the pr.oject proposed, provided the following terms and
conditions are accepted by your company:
1. You hereby agree to release the Railroad Company and its employees, and
to indemnify and save it ilnd themhilrmless from and against all claims, suits
or judgments made or brought by any persons or corporations ~lhatsGever, in-
" cluding employees of yourself and of the Railroad Company, for personal injury,
death, or property damage whi ch grows out of or is connected \~ith the project
mentioned hereinabove, or with the presence of yourself, your employees or,'
, sub-contractors upon the property of the Railroad Company in connection therewith.
2. 'The work shall be performed in su~h a m?nner as to provide for the safe
operation and maintenance of the Rail road Company I s tracks. The Sl!peri ntendent
of the 'Railroad Company, or his authorized representative, will at all times
have jurisdiction over the safety of railroad operations and the decision of
the Superintendent or his authoriied representative as to the procedures which
may affect the safety of railr.oad operations, shall be final and you must be
governed by such decisions.
3. In the event it becomes necessary, in the opinion of t.he Rail road Com-
pany, to provide flagging protection, watchmen; removal and replacements of
tracks or the performance of any other work in order t.o keep the tracks of tl]e
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:'~ail road Company safe for traffi c, you wi 11 rE;imburse the Rail road Company,
, 1n c.a.sh, according to ac~ounts kept by the Ra11road Comraliy, for the actual
cost, plus the usualarb1trary charges, vacation allowances payroll taxes
rental on equipment, and supervision. After all such work ~ear around 0;
under the ~ailroad's tracks is completed, an itemized statement'will be'
rendered to show the cost of all materials and labor furnished by the Rail-
road Company.
4. You shall, at your expense, secure before enterin~ on Railroad Com-
pany property and maintain throughout the constructi'on period, insurance of
the following kinds and amounts:
(a) Contractor's Pub 1 i c Li abil i ty and Property Damage L i abil ity
Insurance.
You shall furnish certificate of insurance, in .duplicate, as
evidence to the Railroad Company that, with respect .to the
operations you propose to perform, you carry regular Contractor's
Public Liability Insurance providing for a limit of $250,000 .
for all damages arising out of bodily injuries to Or death of
one person, and subject.to that limit for each person,.a total.
. .limit of $500,000 for all damages arising out of bodily injuries
to or death of two or more persons in anyone occurrence, and
regular Contractor's Property Damage Liability Insurance pro-
viding for a limit of $250,000' for all damage arising out of
injury to or destruction of property in anyone occurrence,
and subject to that limit for each occurrence, a total (or
aggregate) limit of $500,000 for all d~mages arising out of
injury to or destruction of property during the policy period.
(b) Contractor's Protective Public L1ability and Property Damage
L i abil i ty Insurance. .
If any part of the work is sublet, yOU shall furnish certificate
of insurance, in duplicate, as evidence to the Railroad Company
that, with respect to ,operatlOns performed for you by sub-
contractors, you.carry in your own behalf regular Contractor's
Protective Public Liabili,ty Insurance, providing for a limit
of $250hOOO for all damages arising outof bodily injuries to
or deat of one person, and subject to that 1 imit for each
person, a total limit of $500,000 for all damages ar.ising out
of bodily injuries to or death of two or more persons in any
one occurrence, and regular Contractor's Protective Property,'.'
Damage Liability .Insurance providing for a limit of $250,000
for all damages arising out of inJury to or destruction of
property in anyone occurrence, and subject to that limit for
each occurrence, a total (or aggregate) ,limit of $500,000 for
all damages arising out of injury to or destruction of property
. during the pol.icy period. .
(~) Railroad's Protective Public Liabilit and Pro ert
Liability Insurance.
, If the operations to be performed by.you require work to be
done under, over, and within 50 feet of the centerline of, any
track of the Railroad Company, unless a written waiver is.ob-
ta i ned by you from the offi ce of the Ra 11 road Company's Di vi s ion
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Superintendent 'having jurisdiction, you shall furnish to the
Railroad Company.an original insurance policy, which, with
respect to the operations you or your sub-contractors shall
perform, naming the Louisville and Nashville Railroad Company'
908 West Broadway, ,Louisville, Kentucky 40202, as insured, '
on the form of Railroad Protective Policy as accepted by the' ,
Associ ati o'n of Ameri can Rail!:,oads and ~1utual I nsurance Rating
Bureau.' The li,mi.ts ,of theinsur.ancecompany'.s Hability in.
such policy shall be as follows:' .
Each 'Each
Person Occurrence
~O,OOO ~OO,OOO
(Not Applicable) $250,000'
Bodily Injury Liability
Property Damage Liability
'and Phys i ca 1 Damage to ,
Property
Aggregate
(Not Applicable)
$500,000
5. All insurance hereinbefore specified shall be'carried until all work
required to be performed has been satisfactorily completed within the limits
of the right-of-way of the Railroad Ccmpany. Said insurance shall provide
that it is not, cancellable except by permission of the Railroad 'Company,or
on thirty (30) days' written notice. " " ,
If you accept the conditions set out above, please have this letter
and the attached copy ~igned by.an authorized officer of your company and re-
turn the original for our records.
Yours very truly,
Superi ntendent
We hereby accept all of the terms
and conditions as set out herein.
By
As its:
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LOUISVILLE AND NASHVI~LE RAILROAD COMPANY
Specifications for Pipeline Crossings Under Railway
, Tracks, for Non-Flammable Substances
(AREA Engi neeri ng Di v i si on of MR, Speci fi cat ions 1964)
Sheet 1 - H-66855
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Pipelines included under these specifications are those installed to carry
steam, water, or any non-flammable substance which, from its nature or pressure.
,might cause dama9~ if escaping ,on or in 'the vicinity of railway property. '
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1. Pipelines under railway track and right-of-way shall be encased in a larger,
pipe or conduit called the casing pipe, installed as indicated on attached drawing,
No. H-66855.
Pipelines shall be installed under tracks by boring or jacking, if practicable.
Pipelines shall be located, where practicable, to cross tracks at approximately
right angles thereto but preferably at not less than 45 degrees and shall not be
'placed within culverts, nor under railway bridges where there is likelihood of re-
stricti ng the area requi red for the purposes for whi ch the bri dges or cul verts were
built, or of endangering the foundations. '
Pipelines laid longitudinally on railway rights-of-way shall be located as
far as practicable from any tracks or other improtant structures. If located within
15 feet of the centerline of any track or where there is'danger of damage from leak-
age to any bri dge, bu il ding or other important structure, the ca rri er pi pe sha 11 be
encased or of speci a 1 des i gn as approved by the Chi ef Engi neer of the ra ilway company.,
Any replacement of a carrier pipe shall be considered a new installation, sub-
ject to the requirements of these specifications.
Pipelines and casing pipe shall be suitably insulated from underground con-
duits carrying el~ctric wires on railway rights-of-way.
2. Carrier line pipe and joints shall be 'of accepted material and' construction
as aporoved by the Chief Engineer of the ,railway company. Joints for carrier'line '
pipe operating under pressure shall be mechanical or wel ded type., The pip~ shall
be laid with sufficient slack (no tension) in the line or, with expansion joint near
poi nt of railway crossi ng.
j. Casing pipe and joints shall be of leakprOOf construction, capable of with-
standing railway loading.
TABLE OF MINIMVf'I WALL THICKNESS FOR STEEL CASING PIPE FOR E 72 LOADING
Normal Thickness Normal Diameter
Inches Inches
0.188. Under 14
, 0.219 14 and 16 ,
0.250 18
0.281 20
0.312 22
0.344 l 24
0.375 26
0.406 28 and 30 '
0.438 32
0.469 34 and 36
0.500 38, 40 and 42
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Sheet No.2 of 4
H-66855
Steel pipe to have a minimum yield strength of 35,000 p.s.i.
When casing is ~nstalled without benefit of a protective coating, and said
casing is not cathodlcally protected, the wall thickness shown above shall be in-
creased to the nearest standard size, which Is a minimum of 0.063 inches greater
than the thickness shown except fur diameters under 12-3/4 inches. "
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Cast iron pipe may be used for a casing provided the method of installation ,
is by open trench. 'Cast iron pipe shall conform to American Standards Association
Specification", 21. The .pipe shall be of the ,mechanical joint type or plain end
pipe with compression-type couplings. The ,strength of cast iron pipe to sustain
external loads shall be computed in accordance with ASA A 21.1 "Manual for the
Computa tl on of Strength and Thi ckness of Cast I ron Pipe':
For pressures under 100 p.s.i. in the carrJer pipe, the'casing pipe may be
reinforced concrete pipe confotming to the AREA Specifications for Reinforced Con-
crete Culvert Pipe, or bituminous-coated corrugated metal pipe conforming to the
AREA Specification for such pipe. '
The inside diameter' of the casing pipe shall be at least two inches greater
than the largest outside diameter of the carrier pipe, joints or couplings, for
carrier pipe less than six inches in diameter; and,at least four inches greater for
carrier pipe six inches and over in diameter. It shall "in all cases, be great enougt
to allow the carrier pipe to be removed subsequently without disturbing the casing
pipe or roadbed.
Casing pipe under railway tracks and across railway rights-of-way shall extend
to the ,greater of the following distances, measured at right angles to centerline of
track:
a. 2 feet beyond toe of slope;
b. .3 feet beyond ditch;
c.a' minimum distance of 25 feet from centerline of
outside track. when end of casing is below ground.
If additi onal ,tracks are constructed in the future, casing shall be extended
correspondingly.
4. Casing pipe shall be so constructed as to prevent leakage of any substance
from the casing throughout 'its length. except at ends. Casing shall be so in-
stalled as to prevent the formation of a waterway under the railway. with an even
, bearing throughout'its length. and shall slope to one end (except for longitudinal
occupancy). .. ' ",. , '
Installations':by open-trench methods shall comply with AREA Specificatibns
covering "Installation of Pipe Culverts".
Bored or'jacked installations shall have a bored hole diameter essentially
the same as the outside diameter of the pipe ~us the thickness of the protective
coating. If voids shall develop or if the bored hole diameter is great~r than the'
outside diameter of the pipe (including coating) by more'than approximately one
inch. remedial measures as approved by the Chief Engineer of the railway company
sha 11 be taken. Bori ng operations sha 11 not be s topped if such stoppage woul d be
detri mental to the railway. '
Sheet No. 3 of 4
H-66855
f
.;~g operations :hall be conducted as approved by the Chief Engineer of
'~lI1'any. If vo~ds are caused by the tunnellin~ operations,' they shall
pressure groutlng or by other approved methods whi ch will provide pro-
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casing pipe and/or carrier pipe is cathodically protected, the Chief
f the railway company shall be notified and suitable test made to'insure
: railway structures and facil Hies are adequately protected from the
current. in accordan:e with the' recommendations 'of ,Reports of Correlating
, e on Cathodic Protectlon. published in July. 1951; by National Association
"sion Engineers. ' '
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Where the ends of,the casing are below ground. they shall be suitably pro-
f'against the entrance of foreign material. but shall not be tightlY sealed.
;cr. ,.
. Where the ends of the casing are at or above ground surface and above high
, itr level. they may be left open. provided drainage is afforded in such a manner
',JIlt leakage will be conducted away from railway tracks ,or, structures.
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,..:' 6. Casing pipe under railway tracks and across railway rights-of-way shall
not be less than 4 feet from bottom of cross ties to top of casing at its closest
. oint. except that under secondary or industry trackS this distance may be 3 feet.
~n other portions of rights-of-way where casing is not directly beneath any tracks
the depth from ground surface or from bottom of ditches to top of casing shall not
be less than 3 feet.
Pipeline laid longitudinally on railway rights-of-way~ 50 feet or less from
centerline of track, shall be buried not less than 4 feet from ground surface to
top of pipe.
Where pipeline is laid more than ,50 feet from centerline of track. minimum
cover shall be a~ least two feet.
7. Where warranted by special,local conditions, accessible emergency shut-off
valves shall' be installed within effective distances each side of the crossin!! as
mutually agreed to by. the Chief Engineer of the railway company and the pipeline
'company.
Where pipelines are provided with automatic control stations at locations
and I~ithin distances approved by the Chief Engineer of. the railway company. no ad-
diti onal valves sha 11 be requi red. . . '
,8. Plans for _proposed installation shall be submitted to and meet the appro-
val of the Chief Engineer of the railway company before construction is begun. Plans
shall be drawn to scale showing the relation of the proposed pipeline to railway
tracks, angle of crossing, location of val ves, railway surveying station,right-of-
way lines and general layout of tracks and railway facilities. Plans should also
show a cross~section (or sections) from field survey. showing pipe .in relation to
actual profile of ground and tracks. If open cutting or tunnelling is necessary.
details of sheeting and method'of supporting tracks or driving tunnel shall be shown.
In addition to the above. plans should include the following'data: