HomeMy WebLinkAbout1986-343
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RESOLUTION NO. 86-343
RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORIZING THE
EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE ATCHISON,
TOPEKA & SANTA FE RAILWAY COMPANY RELATIVE TO THE WIDENING AND
IMPROVEMENT OF GRADE CROSSING NO. 2-83.9 ON PEPPER AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS.
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City a Supplemental Agreement with the Atchison, Topeka & Santa
Fe Railway Company relating to the widening and installation
of additional protection devices at Grade Crossing No. 2-83.9
on Pepper Avenue, a copy of which is attached hereto, marked
Exhi bi t "A" and incorporated herei n by reference as fully as
though set forth at length, but such award will be effective
only upon the contract being fully signed.
SECTION 2. The contract authorized by this resolution
shall not take effect until fully signed and executed by both
parties. Neither party shall be obligated hereunder unless
and until the contract is fully executed and no oral agreement
thereto shall be implied or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
Bernardino at a re.glll FIr
the 19th day of Allgll~r
following vote, to-wit:
, 1986, by the
AYES:
Co unci 1 Members
RAilly Mnrk~ ()l1;pl
Frnzie.r SrrirklAr
NAYS:
None.
ABSENT:
Conncil Me.mhe.rs F.srrClcl" Hp..rnFlnnp.7:
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~p~~4,j
./
City Clerk
The foregoing resolution is hereby approved this n7/~j-
day of
Auqust
Approved as to form:
,:;/ ~ . /,.// ?}
~(dC~ W/M<,CV
City Attorney
1985.
he City
Pro Tempore
-2-
arnardino
?G- 3V3
City Driginal
05000399--58
2-83,9
SUPPLEI"lENTAL AGREEI"lENT, made as of this,;;>Atjday of .m~1___' 1986,
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a De lawar-e
cor'poration, hereinafter referred to as "Santa Fe", and CITY OF
SAN BERNARDINO, a political subdivision of the State of California,
hereinafter, referred to as "City",
R E C I TAL S:
Santa F'e and City are now parties to a contract dated Januar'y 6, 1981, Santa Fe's
Secretary's Contract No_ 161671, being hereafter referred to as "Original Contract",
under which City proposes to widen and improve the at gr'ade crossing of Santa Fe's
tracks known as Pepper Avenue in the City of San Bernardino, County of San Bernardino,
State of California,
The parties desire to extend and modify the Original Contract as hereinafter provided,
A G R E E MEN T:
It is mutually agreed that:
1, Cost figure set forth in Article 5 of the Or'iginal Contract is hereby deleted and
replaced by the following:
"SEVENTEEN THOUSAND SIX HUNDRED FORTY-oNE AND NO/l00 DOLLARS ($17,641.00), as
shown on Exhibit "B" attached hereto and made a part hereof,"
2, Article 7 of the Original Contract is deleted and replaced by the following:
"City will, at its expense:
(a) Ar-r'ange for partial closing of crossing to vehicular traffic during
n,construction by Santa Fe including all nec"ssary traffic control d"vices,
barricades and delineators and continue such partial closure until work is
complet"d by Santa Fe,
(b) Advise emergency agencies and public of the closur'e of the crossing pr-ior to
construction a.nd
(c) PiXve crossing appr-oaches after installation of crossing material by SiXnta Fe
pr'ior to reop"ning crossing to public use,"
3, TtH' foJ lowing Articles ar'e hereby added to Original Contract:
12, Santa F" agrees to give and hen'by gives pennission and license to City, its
successors and assigns, to entN' that portion of Santa Fe's right of way shown
,1-
shaded on said Exhibit "A" solely for the purpose of construction and
maintenance of said project as shown outlined bold on Exhbibit "A" dated
October 25, 1985 attached her'eto and made a part hereof, This license and
pennission is subject to:
(a) All licenses, leases, easem(~nts, restrictions, reservations, conditions,
covenants, encumbranc"s, rights and rights of way, 1 i"ns and claims of
ti tIe which may in any mann"r affect the said right of way,
(b) The prior and continuing right and obligation of Santa Fe its SUCCeSsors
and assigns, to US" in the performance of its public duty as a common
carrier.
This license and permission is given without warranty of title of any kind,
"xpressed or impli"d.
13, City agre"s to incorporate in each pr'ime contract for construction of
structure, or the sp"cifications th"r"for, th" provisions, entitl"d "R"lations
with Railway Company" set forth in Exhibits "C", "C-l" , and "C-2", attached
h"r"to and mad" a part h"r"of, and accepts respons ibi li ty of compliance by its
prime contractor,
14, That, except as hereinafter otherwise provided, all work to be done hereunder
by City in the construction of said Proj"ct will be done pursuant to a contract
or contracts to be let by City to a contractor or contractors, and all work
perform"d ther"under wi thin th" 1 imi ts of said right of way shall be p"rform"d
in a good and workmanlik" manner and in accordance with plans and
sp"cifications approv"d by Santa F" and only thos" changes or modifications
during construction that affect Santa Fe shall also be subject to approval by
Santa Fe and all such contracts shall provide:
(a) That all work performed over, under, or adjacent to the track of the Santa
F" shall b" done to the satisfaction of Santa F",
(b) That no work shall be comm(~nced OVer' or adjacent to Santa Fe track unti 1
"ach of the prime contractors "mployed in conn"ction with said work shall
have (i) executed and delivered to Santa Fe a letter agreement in the form
of said Exhibit "G-l" , and (ii) d"livered to and secured the approval by
Santa Fe of the insurance r'equired by said Exhibt "C-2",
(c) fhat if, in th" opinion of the City, it shall be for the best int"r"st of
the City, it may direct that the construction of said project be done by
day labor under the dir"ction and control of City, or if, at any time, in
the opinion of the City, the contractor has failed to prosecute with
dilig"nce and forc" the work sp"cified in and by the terms of said
contract, it may in the manner provided by law, terminate the contr'actor's
control ov"r said work and take poss"ssion of all or any part th"reof, and
proceed to complete same by day labor or by employing another contr'actor
or contractors on informal contracts, provid"d that all such informal
contracts shall r'('quire the contr'actor to comply with the obligations in
favor of Santa Fe h"reinabov" setout in above Par'agraph 14, and provided
--2--
further, that if such construction is performed by day labor, City will,
at its expense, procure and maintain i.n behalf of Santa Fe insurance
required by said Exhibit "C-2".
4. Exhibits llBlI, lieU, lie_Ill and IlC_211 are attached hereto and made a part hereof.
5. All other terms and conditions in said Original Contract not specifically abrogated
by this supplement, shall remain the same.
IN WITNESS WHEREOF, THE CITY OF SAN BERNARDINO, has caused these presents to be
executed and attested by its duly qualified and authorized officials pursuant to
authori ty regularly granted them by its City Counci I and THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY ~ANY has executed these presents both as of the day and year first
above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY ~PANY
By____l~~~_____
It s 0 Manager of ContrilCts
ATTEST:
om 0' ':t;r:{!l-_. _
Its__~_t!._og,~~
o ?-c</- /"
, #>>/L1J:l4~
Ci ty Clerk
69615XR
-3--
3805f
SECY'S NO. .
.,
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF SAN BERNARDINO
CHICAGO. ILLINOIS
SCALE: 1 IN. TO /00 FT.
LOS ANr;n E5 DIV.
SECOND DIST.
DATE: OCTOBER 25, /985
1i... ~ -.w.:.aa _ _ _ _ _
CHIEF ENGINEER
DESCRIPTION APPROVED
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STA./45 .4,2
MoP. 83"'468'1.8
DESCRIPT/ON:
A SirE CONTAlNINO 8,000 SQ. FT SHOWN SHA,oEJ!) INCLVO/N6
:< - ....9'A CANTILEVER SIGNALS WITH STUB GATES AND :< - "8
FLASHER LIGHT SIGNALS.
NEAR RIAL TO,
~N BERNARDINO COUNTY, CAuFORNIA
DIV. DWa. NO.
C.E. DRAWING NO.1 -0473/
DIV. FILE NO. M-."iQ0l2
a.M. FILE NO. 0'>000.199-,<;7 C.E. FILE NO. F.4-rYJR-OO'i40
TG.5
l
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
FORCE ACCOUNT ESTIMATE FOR
CITY OF SAN BERNARDINO
In connection with the proposed widening of Pepper Avenue Crossing (#2-83.9) at San
Bernardino, California, Second District, Los Angeles Division.
2.467
-----
UNIT SUBTOTALS TOTAL COST
655
4,620
2,775
1,430
712
10,192
CY 381
EA 665
MBM 2,583
229
181
290
4,329
1,372
1,372
159
1.589
$17 .641
QUANTITY
LABOR:
Engineering
Track Department labor
Payroll associated costs
SUbsistence allowance
Insurance
Total Labor
MATERIAL:
Ballast, Shipley
Cross ties, No.1 - 9 ft.
Full depth sec. xing.
48 ft., 112-119 lb.
Use tax
Handling
Transportation
Total Material
55
32
OTHER:
Equipment rental
Total Other
Billing and accounting
contingencies
Total Estimated Cost
The A.T. & S.F. Ry. Co.
Chief Engineer System - Chicago
October 28, 1985 - 76-008-00540
AKP/3598e1
EXHIBIT "8"
EXHIBIT "c"
f{F.LAT[UNS W[1'H UAILWAY COMPANY
-l.OI Ceneral.--The Contractor, 39 a prereqlli!litt, for a.....,ud, shall be .9atisfa..:tory as ta hi~
tt'~)I"Jn,ihllity nncl ability to perform the work over ,md acros!) the property nnd over or under the
tr,lck'l c' TIll' Atchison, Topeka and S.Jnta Fe Railway Company.
{t 11;1 expected that The Atchison, Topekn and Santa Fe Railw.:lY Cuopany will cooperate with tbe
C";lt ractu!. tu the end thilt the work m;lY be hnndll!d in an efficient manner, but the Contra..:tor shall
1l.IVI \lU c ldim for damages or extra compensation in the event his work is held up by the work of the
HIl i lWJY [,)UlP;l1Iy forces.
-l.O~ Agrec>ment.--ilefore doing any work on Railway right of w3y, or property, the Contractor will
j", required to execute and deliver tu The Atchison, Topeka and Santa Fe R<.lilway Company a letter
;[r,p>(,'tlH'nt, in the form attached hereto, obligating the Contractor to provide and keep in full farce and
l:l fpct t.he insurance called for under "insurance" of these special provisions.
-1.03 [{ailw;lY Requirements.--The Contractor shall cooperate with The Atchison, Topeka and Sants Fe
(l,li lway C'Jmpany where work is over or under the tracks, or within the limits of Railway property in
'lldf'l" to "xpc>dite the work nnd to avo it! interfccence with the operation of Railway equipment.
The C"ntr-actor shall comply with the rules and regulations of Railway or the instructions of its
n~presentdtives in relation to the proper manner cf t>~ot€'cting the tracks and property of Railway and
thL' traffic moving on such tracks, as well as the wires, signals and other property of Railway. ita
tl'nants or licensees, at .:md in the vicinity of the work during the period of construction.
Thl:! Cl>l1tractor shall perform his work in 8uch manner and at such times as shall not endanger or
interfere with the safe and timely operation of the tracks and property of Railway and the traffic
moving on such tracks, as well as wires, signals and other property of Railway, its tenants or
licensees, at or in the vicinity of the work.
The Contractor shall take protective measures necessary to keep Railroad facilities, including
trsLk ball~st. free of sand or debris resulting from his operations. Any damage to Railroad facilities
r~9ulting lrum contractor's operationH will be repaired or replaced by Railroad and the coat of such
rcpai~s ur replacement shall be deducted from the contractor's progress and final pay estimates.
The Contractor shall oat pile or store any materiala, park or use his equipment closer to the
center of the nearest Railway track, or overhead lines, than permitted by the following clearances:
10'-0" Horizontally from centerline of track
::'2'-6" Vert ically above top of rail
27'-0" V(~rtically above top of rail for electric wires carrying less than 750 volts
21i' -tJ" Vp.rtically above top of rail for electric wires carrying 750 volts to 15,000 volta
JO'-U" Vertically above top of rail for electric wires carry ing 15,000 volts to 20,000 volts
:\/. '-0" Vertically above top of rail for electric wires carrying mora than 20,000 volts
Any infringement on the above clearances or walkways due to the Contractor's operations shall be
"Iubmitted 10 the Railway and to the Engineer and shall not he undertaken until approved by the Railway,
,Iud ulltil the Engineer has obtained any necessary authorization from the Public Utilities Commission
ttJr the infringement. No extra compensation will be allowed in the event the Contractor's work is
tlt'layed pend ing Ra i lwoy spprov.nl, and Publ ic Ut i 1 i ties Commiss ion authorlzat ion.
ln the case of impaired vertical clearance .nbove top of rail, Railway shall have the option of
installing tell-tales or other protective devices Railway deems necessary for protection of railway
tr;linmen or rail traffic.
Thl' delllils of construction affectioR the Railway tracks Bnd property not included in th~ contract
I'LlII!i shall be ~ubmi.ttcd to the Railway {or llpprovill before Ruch work is undertaken.
I f the Contractor desires to move his equipment or materillls across Hailwny's tracka he shall
,d'l;Jin r~rlL,i9tii.on from Rail....ay and, should it be required, the Contrnctor .'Ih,111 obtain a private
,"In'hln!', H)"H>Plllent. Thl~ crussing installation lor the use of the Contractor, if required, shall be at
t Ii.' ")(PI~IlS" ol the Contractor.
TII.' Contlactor 9halt) UpOl1 ":U1npletion of the work cuvered by this contract to be perfondcd by the
j', Ilt ractur upon the premiseOl or over or beneath the tracks uf [{ailway, prolnptly remove from the
1.
PI',""i'H'A ~f R'lilw;I'>'_oll ()f ClIlltractor's t,wls, implements and other materials vhethf"r brought upon
~;'ld pfl'm\~(,8 by ".!lrl COl1tr~ctor- or any Subcontr.:lctor. ('mploye or agent of Co~tr.ctor or of any
<;"1,, 'lIHfHctor, .Ind 'D'IS'-' Sllld l'r~mi8P3 to be left in a clean and pregentllble condition.
-1.04 rr-utectioll of l'ailroad f~cilitie~:-
(I) Cpon ildl/L1nec notification of not lc:,;s theln 24 haul:::; DJ' contr.J.ctor, Railroad rL'present.J.tives, COI'.-
duetors, flasnen or watclilllCtl will be provided by r<lilro,J,d to protect it facilities, property .J.nd
mOVCr:lents of its trilins or ('ng1.ncs. Ir~ gene rill , rlililroad will furnish such personnel or other
protective services:
(a) \.'11' "j ill'.':' r~,J.rt uf <my cquir,01cnt is sti:lndinq or being operated wit-hi,l 10 feet, measured hori-
;'~r tJ.lly, !I:om ccntcrli;1C of allY track on which trains t7lay operate, or when any erection or
c.: ': :;tn:ction activities arc in progress .....ithin such lirr.its, regardless of elevation above; or
L"" low trClck..
(b) For any excavution below elevation of track subgrade if, in the cpinion of Railroad's rcpre-
su~tativc, trJ.ck or other railroau facilities may be SubJect to settlement of movement.
(c) For any clearing, grubbing, grading, or blasting in proximity to Railroad facilities which, in
t..'1o opinica of RD.i lro.:l.d' s representative, tn<lY endanger Railroad facilities or operations.
(2) Railroad will furnish such personnel or other protective services when, in the opinion of Rail-
road's representative, Railroad facilities, including, but not limited to, tracks, buildings,
signals, wire lines or pipe lines, may be endangered.
(3) Info~ation as to the Railroad enployees whic;) r.uy be required to provide protection to Railroad
fac~lities is as follows:
(a) Inspector
$250.00 per day plus expenses
(b) Flagnan
$200.00 per day plus expenses
The above rates are for information only, and rates in effect at the time of construction will be
used.
The cost of all Railroad personnel, equipment, and facilities deemed necessary by the Railway and
provided by the Railway for the protection of Railroad facilities and trains during the period of
construction within Railway right-of-way a~d the cost of installing protective devices in the case
of i~raircd clearance shall be borne by the City/County. The Contractor shall be responsible for
paynent of all costs incurred for any danages to Railroad roac~ed, track and/or appurtenances thereto,
resulting from use, occupancy, presence of its employees or agents on or ~out the construction site.
(4)
Railro~d ~ill submit it~
plction of the project.
final bills for flagging
City/County will pay all
and relat~d services
flagging charges.
to City/County after com-
2
EXHIO}T "C-l"
LigrC('lnent bet....~~en
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CONPANY
AND THE CO!~TRACTOR
IN CONNECTION HITH
The Atchison, Topeka and Santa Fe Railway Company
One SantLl Fe Plaza, 5200 E. Sheila Street
Los Angeles, CA 90040
Attention: General Manager
Gentlemen:
The undersigned has entered into a contract dated
19__, with the
, for the performance of
certain work in connection with
in the perfonnance of which work the undersigned will necessarily be required to conduct operations
wit;,in your right of way and property. The Contract provides that no work shall be commenced within
your right of way or property until the contrac~or employed in connection with said work for
shall have executed and delivered to you a letter agreement in the form hereof and shall have provided
insurance of the coverage and limits specified in said contract. If this letter agreement is executed
by other than the OWner, General Partner, President or Vice President of the undersigned firm, evidence
is furnished to you herewith certifying that the signatory is empowered to execute this agreement for
the firm.
Accordingly, as one of the inducements to and as part of the consideration for your granting per-
mission to the undersigned to enter upon your right of way or property for the performance of so much of
the work as is necessary to be done within your right of way or property, the undersigned, effective on
the date of the contract with the has agreed and does hereby agree with you as follows:
1. The undersigned shall indemnify and sava harmless the Santa Fe, its agents and employees against
all liability, claims, demands, damages, or costs for (a) death or bodily injury to persons, including
without limitation the employees of the parties hereto, (bl injury to property, including without limi-
tation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage, or expense
arising under either (al, (b), or (c), and all fines or penalties imposed upon or assessed against Santa
Fe, and all expenses of investigating and defending against Bame, arising in any manner out of (1) use,
occupancy or presence of the undersigned, Sub-contractors, employees, or agents in, on, or about the
construction site, (2) the performance, or failure to perform, by the undersigned, its subcontractors,
employees, or agents, its work Or any Obligation under this agreement, or (3) the sole or contributing
acts or omissions of the undersigned, its subcontractors, employees, or agents in, on, or about the
construction site. Nothing contained in this provision is intended to, nor shall be deemed or construed
to, indemnify Santa Fe from its sole negligence or willful misconduct, or that of its agents, servants
or independent contractors who are directly responsible to it.
2.
outlined
there is
That the undersigned will
in the special provisions
handed you herewith:
procure, and maintain in force, insurance meeting all of the requirements
for and in contract referred to in the second paragraph above, and
(1) Original Policy in Railroad Protective Liability Form, favor of The Atchison, Topeka and Santa
Fe Railway Company, One Santa Fe Plaza, 5200 East Sheila Street, Los Angelos, CA 90040, and
(2) Certificate reflecting the existence of Contractor's Public Liability and Property Damage
Liability Insurance and Contractor's Protective Public Liability and Property Damage Liability
Insurance,
meeting such requirements. It is further distinctly understood and agreed by the undersigned that its
liability to the Railway Company herein under Paragraph 1, will not in any way be limited to the amount
of insurance obtained and carried by the undersigned in connection with said contract.
3. That tho undersigned will observe and comply with all the provisions, obligations and limita-
tions to be obsorved by Contractor which are contained in the sub-division of the specifications of the
contract referred to in the second paragraph hereof, entitled "Relations with Railway Company", and
shall include, but not be limited to, payment of all costs incurred for any damagos to Railroad roadbed,
tracks, and/or property, resulting from U8e, occupancy. presence of its employees or agents on or about
t.he construction sito.
1.
AT&SP Railway Co.
Kindly acknowledq& receipt of this
furni~;h('d to you by s1goinq and returning to
upon (;on:ititute dn tlqrooment betveen us.
Date:
letter and of the insurance policies herein provided to be
the underBiqned G copy of this letter, which shall there-
Receipt of the forego~ letter and of the policies
and certif icates of insurance herein provided to be
furnished is hereby acknowledged this
day of , 19 ,
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By
Its
Yours truly.
By
2.
EXHIBIT "C-2"
RAILROAO PROTECTIVE INSURANCE
In addition to any other form of insurance or bonds required under the terms of the contract and
specifictltions. the Contractor \",i11 be required to carry insurance of the kinds and in the amounts
hereinafter specified. Such insurance shall be approved by:
THE ATCHISON, TOPEKA AiiD SANTA FE RAIU,AY COMPANY
hereinafter called "Railroad" before any work ;s performed on Railroad property and shall be carried
unt; 1 all work requ; red to be performed on or adjacent to the Ra i 1 road 's property under the terms of the
contract is satisfactorily completed as determined by the Engineer. and thereafter until all tools.
equipment and material have been removed from Railroad's property and such property is left in a clean
and pre<;cntable condition.
The insurance herein required shall be obtained by the successful bidder~ and the original and
certified copies of all policies as hereinafter specified shall be furnished to the Engineer,
The Contractor shall furnish the Engineer with one (1) certified copy of each of the executed
policic~ required by 1, 2, and 3 below, and in addition, shall furnish Railroad through the Engineer,
one (1) certificate reflecting the existence of the executed policies required by 1 and 2 and the orig-
inal policies of the insuran~e required by 3 below.
^ certification on such copies of insurance shall guarantee that the policy under 1 and 2 will not
be amended, altered, modified, or canceled insofar as the coverage contemplated hereunder is concerned,
without at least th~rty (30) days notice mailed by registered mail to the Engineer and to Railroad.
Full compensation for all premiums which the Contractor is required to pay on all the insurance
described hereinafter shall be considered as included in the prices paid for the various items of work
to be performed under the contract, and no additional allowance will be made therefor or for additional
premiums which may be required by extensions of the policies of insurance.
The approximate ratio of the estimated cost of the work over or under or within 50 feet of Rail-
road's tracks to the total estimated contract cost is 0.---.
1. Contractor's Public Liability and Property
Damage Liability Insurance
The Contractor shall, with respect to the operations he performs within or adjacent to Railroad's
property, carry regular contractor's Public liability and Property Damage Liability Insurance providing
for tIle same limits as specified for Railroad's Protective Public Liability and Property Damage Lia-
bility Insurance to be furnished for and in behalf of Railroad as hereinafter provided.
If JOy part of the ~~rk within or adjacent to Railroad's property is subcontracted, the Contractor
in addition to Currying the above insurance, shall provide the above insurance in behalf of the subcon~
tractors to cover their operations.
2. Contrrlctor's Protective Public liability and
r'~nllerty Damage L iabi 1 i ty Insurance
The Contractor shall. with respect to the operations performed for him by Subcontractors who do
work within or adjacent to Railroad's property, carry in his own behalf regular Contractor's Protective
Public li"bility and Property Damage liability Insurance providing for the same limits as specified for
Rallro<ld'~, Protective Public Liability and Property Damage liability Insurance to be furnished for and
in behalf of Railroad as hereinafter provided.
3. Railroad's Protective Public liability and
Property Damage Liability Insurance
Thr' Contractor shall, with respect to the operations he performs within or adjacent to Railroad's
property or that of any of his subcontractors who do work within or adjilcent to Railroad's property,
have i',',\lt'd and furnished separately, policy or policies of insurance in the Railroad Protective Lia-
bility font as hereinafter specified in favor of The Atchison, Topeka and Santa Fe Railway Company, One
Santa fe 11ldld, 5200 East Sheila Street, Los Angeles, C^ 9U040.
1.
Railroad Protective Liability fonn
{Name of Insurance Companyl----
OECLAllATIONS:
[11'm 1.
Namrd In<;ur('d:
The Atchison, Topeka and Santa Fe Railway Company
One Santa Fe Plaza, 5200 East Sheila Street
Los Angeles, CA 90040
Item 2.
Pol icy Period:
Item 3.
From to
12:01 a.m., Standard Time. at the designated jab site as"stated herein.
The insurance afforded is only with respect to such of the following
coverages as are indicated in Item 6 by specific premium charge or charges. The limit of the
company's liability against such coverage or coverages shall be as stated herein, subject to
all the tenms of this policy having reference thereto.
Coverages
Limits of liability
--------------------------------------------------------------------------------------------------------
A Bodily Injury Liability
B Property Oamage Liability
&
C and PhYSical Damage to Property
$2 million Combined Single Limit per occurrence,
with an aggregate limit of $6 million for the
term of the policy.
--------------------------------------------------------------------------------------------------------
--- --~-.------___ _._~_..____ ____ __~ ___.____u__
Item 4. Name and Address of Contractor:
Item 5. Name and address of Government Authority for whom the work by the Contractor is being performed:
Item 6. Designation of the Job Site and Description of Work:
Premi urn
Ba ses
Rates per $100 of Cost
Coverage A Coverages B&C
Advance Premiums
Coverage A Coverages B&C
Contract
Cost
---------------------------------------------------------------------------------------------------------
$
$
$
$
Renta 1
C05t__________ .?._________ ---L------_____~__________t.___
--------------------------------------------------.------------------------------------------------------
Counters igned
19
By
POLICY
------TNameOfInsuranceComp--;lnyT~-- -- ----+-
^
named in the declarations
1 iance upon the statements
tpnns of this pol icy:
insurance company, herein called the Company, aqrees with the insured
made a part hereof. in consideration of the payment of the premium and in re-
in the declarations made by the named insured and subject to ill 1 of the
~
INSURING AGRl-:H~~;:"lT.s
I . F'~ '_v_'_'_I_:'1~I( '__~_- _!_I~):~ 1):1_ .!..!~i.!l.!X.I: i .''1~~i_l_~t Y
'['(\ 1"'1Y 011 ,,,'1I,'11!' of tllt' lll~;lln..d ",11 sum~; which til,' jll~-;IIL1~d ~;III'Ill l>",'Ollk' lL'yally uLli.q,'1tL'd tu
)"'i' "'~; dam"<Jes bec~usc of bodily inJury, sicl,ness, or disL>usc, includiwJ death at any time resulting
11l<!I'et'rorn. h.ercinafter c<l.11cd "bodily injury". either (1) sustained by any person arising out of
,~(t'; or ()mi5sjoll~ at tll(' desitJnated Job site which are related to ur are in connection with the:
\clock dllr;cribcd Hl It~m (, of the declarations, or (2) sustained at the designated job site by th~
CUI.t.r.'lctor or an:; empLoyee of the contractor or by <my designated employee of the insured whether
or not arising out of such acts or omissions.
co~~~ag0 D - Pr~~erty Damage Liabilit~
To p<'Sy on behal f of the insured <'Sll sums which the insured shall become legally obligated to
pay as d,Ulages becdusc of physical injury to or destruction of property. including loss of use of
<'Iny property dee to such injury or destruction, hereinafter called "property d&nage", arising out
of <'Icts or omissions at the designated job site which are related to or are in connection with the
work de~cribed in Item 6 of the dclarations.
Cover.'l.ge C - Physical Dam~e to Property.
To PdY for direct and acciderJta1 loss of or damage to rolling stock and their contents, mechan-
ic~l construction equipment, or motive power equipment, hereip-after called loss, arising out of
acts or omissions at the designated jOb site wl.ich are related to or are in connection with the
work described in Item 6 of the declarations; provided such property is owned by the named insured
or is leased or entrusted to the named insured under a lease or trust agreement.
II. Definitions
(a) Insured - The unqualified word "insured" includes the named ir.sured and also includes any
executive officer, director or stockholder thereof while acting within the scope of his duties
as such.
(b) Contractor - The word "contractorn means the contractor designated in Item 4 of the declara-
tions and includes all subcontractors of said contractor but shall not include the named
insured.
(c) Desiqnated employee of the insured - The words "designated employee of the insured" mean:
(1) any supervisory employee of the insured at the jobsite.
(2) any employee of the insured while operating, attached to or engaged on work trains or
other railroad equipment at the jobsite which are a5signed exclusively to the con-
tractor, or
(d) Contract - The word "contract" means any contract or agreement to carry a person or property
for a consideration or any lease, trust or interchange contract or agreement respecting motive
power, rOlling stock or mechanical construction equipment.
III. DQfense, Settlement, Supplementary Payments
With respect to such insurance as is afforded by this policy under coverages A and a, the Company
shall:
(a) defend any suit against the insured alleging such bodily injury or property damage and seeking
damages which are payable under the terms of thin policy, even if any of the allegations of
the suit are groundless, false or fraudulent; but the Company ~~y make such investigation and
settlement of any claims or suit as it deems expedient;
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the Company, all costs taxed against the insured in any such
suit and all interest on the entire amount of any judgment L~erein which accrues after
entry of the judgment and before the Company has paid or tendered or deposited in court
that part of the judgment which does not exceed the limit of the Company's liability
thereon:
(:') premiu!l\s on app(!al bonds required in any such suit, premiums on bonds to release attach-
mpnts for an i'tIl\Ount not in excess of the applica.ble limit of liability of this policy,
but without obliqation to ^l'Ply for or furnish any such bonds;
(3) expenses incurred by the insured for such immedi",te medic<'Il and surgic<'ll relief to others
as shall be imperative a.t the time of the occurrence:
(4} all reasollable exp",nses, other than 1055 of earning:" incurred by the imoured dt the
Cumpany's request.
1 v. 1':':':.!J_'~'!-2..:?.'_]_~__X!,_:_E.:Lt~
ThlS 1'01 il:'1 "Pi'i ie'; only to occurtcTlce'~ lI.nd lo[;:;c~-, durir,q tll" l_cllCY pcrl..od <"J.nd within the
fJlllted St.-.u"-; uf ^ffi\'Iic.', it:; l.crI.ih;rie:..; at !'o:~:::;eS~l()n~;. or Cll.n...d.~.
EY.CLU:,j IUNS
--~-----
TI,i l,,'ll ,,:'1' <1,,(,,; I,"t "'1'1 ly:
(1) t.u ll,\,jlity ''l.:-;c;urnl'd l'Y 111<, Iii: :rcu. UlHi.,!" <'lny COIlIL'l.Cr 01 ""Jl-,.'('[r,enl t'x.ccFt a contr"-ct as
tlcfin'od 1-1 't-C} 11;
(11) to llodi 1'1 injJry or l'ropL'rty dll.m.:J'J8 caused intcntion",lly by or at the direction of t_he insured;
(e) tp buLii1y LnJury, 1-1-opcrty d~~a(;f: or loss which OCCUL3 after notificatic;1 to the named insured
"r tllc' ,'l.cCl'!..lL,nce of the WOl'.k by the ljovernmental authority, other than bodily injury, pro-
perty dar,l<1'j'-' or loss resulting froo tlw existence or removal of tcols, lminstalled equipment
and ,1Dclndonod or unused !:liltC"rial:.>;
(el) Under CovcrafJes At]), 13 and C, t.o bodily inJury, prO,Fl"rty dllr.lage or loss, the sole proximate
c?lUS(' of which ~s An act or omission of any insured other than acts or omissions of any desig-
nated employee of any insured;
(cd und~r CovElrage l" to ilny obligation for wr.ich th2 insured or any carrier as his insurer may be
held liMle under <":I:1Y worY.r.1en's compcnsat!.on, unemployment compensation or disability benefits
law, Cor under any similar Jaw; pro'/ided tJlat the Federal En:ployers' Liability Act, U.S. Code
(1'."46) Title 45, Sections 51-flO, .J.S w"7t€r.d<.:;d, shall for the purposes of this insurance be
deemed not to be any s~mil~r law;
(f) under Coverage B, to injury to or destruction of property (I) owned by the nAmed insured or
(II) led sed or entrusticd to the na.med insured under a lease or trust agreement.
(g)l. Under any Liability Coverage, to injury, sickness, disease, death or destruction:
(a) with respect to which an insured under the policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance Association of canada, or would
be an insured under any such policy but for its termination upon exhaustion of its limit
of liability; or
(b) resulting from the hazardous properties of nuclear material and with respect to which (1)
dflY person or orgdnization is required Lo maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, or {2l the insured is, or had
this policy not been issued would be, entitled to indemnity from ~~e United States of
~erica, or any agency thereof, under any agreement entered into by the United States of
America, or any agency thereof, with any person or organization.
2. 11~der any medical Payments coverage, or under any Supplementary-Payments provision relating to
immediate medical or surgical relief, to expenses incurred with respect to bodily injury,
sicknpss, disease or death resulting from the hazardous properties of nuclear material and
arising out of the operation of a nuclear facility by any person or organization.
3. !1nu0r any Liability Coverage, to injury, sickness, disease, death or destruction resulting from
the hazardous properties of nuclear material, if
(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf
of, an insured or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste any time possessed, handled,
used, processed, stored, transportpd or disposed of by or on behalf of an insured; or
(cl the injury, sickness, disease, de~th or d~struction arises out of the furnishing by an
insured of servicp-s, materials, p...rts or equipment in connection with the planning,
construction, malntenance, operation or use of ...ny nuclear facility, but if such facility
is located within the United States of America, its territories or possessions or Canada,
this exclusion (c) applies only to injury to or destruction of property at such nuclear
f~cility.
4. As used in this exclusion:
"H,,,~.1.Flous propcI"tic~j" include ladioactive, toxic or explosive properties;
"nucle"I" material" lnf'.J.ns source material, spcCL<'l1 nucl,'"r mat0rLal or byproduct materi",!;
"~;CUl-r.:{: matcri!ll", "~;p('cial nuclear T:'k'l.teril'l.l", and "l.>yproduct tr""-terial" have U'C mCi\nilll)S
(li'/t'1l them 1il tlll' ^tul~\ic EnerfJY A.:l of l'J':i4, or in any law Mlend"tory
I !lr>I""lJ[ .
.1.
"1"'1\1 fUf']" m~o'!I!l:; ,lilY fuel ,,:c[U('nt or fuel ('ompOll"Tll't, ';nlid "t l)'IUitl,whi,:h h<'l.S Le....n u~;cd
,>1- ")0.1"""'01 I" ",hi; ,'tinl! i li " 1\\1< If';'l "',','1 ". i
.. .,',l:; ~ ,," Illl',1I1'; " II', \.", ,.; t,. H\,' 1,'1- t " J :
(1) cOHtaini,rl'J bypr'Jduc:t :;l~t('rial <'l.nu
U) re:jultir,'] fr;';rT1 the q:el-ation by any persoll or organization of an'l nuclc"'r f:lciL.ty
i!i':luded within t.llf' defi:-,itioll of nuclear facility under pllHIgraph (0.) or (b) there-
of;
"r;uclc,'l.r facility" means:
(ill any nuclear reactor
(ll) any equipment ur device designed or used for (1) separa':.i:~g w'1e isotopes of uraniu.~
or plutoniu.'!l, (2) pr0cessing or utilizing spend fuel. or (3) handling, precessing or
packaging wast0;
(c) a,1',' equipment or device used for the processing, fabricat.ir.g or llllGying of special
nuc10~r ~atcrial if at ~~y time ~lc total amount of such D3terial in the custody of
the insured dt the prenises where such equip~ent or do vice is located consists of or
contains ~ore than 25 grams of plutonium or uraru.UlI"l 233 0::- Clny combination thereof,
or more than 250 grams of urar~UlI"l 235.
(d) any structure, basin, excavation, premises or place prepared or used for the storage
or disposal of waste,
and includes the Gi~8 on which any of the foregoing is located, all ope1:ations conducted on
c;uch site and all prer.\ises used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclearfission in a self-
supporting chain reaction or to contain a critical mass of fissionable
material;
"injury" or "destruction", with respect to injury to or destruction of property, t..'1.e word
includes all foros of radioactive cont~~ination of property.
(h) under coverage C, to loss due to nuclear reaction. nuclear radiation or radioactive contam-
ination, or to any act or condition incident to any of the foregoing.
CONDITIONS
{The conoi tions, except condi tions 3, 4, 5. 7, 8, 9, 10, 11 and 12, apply to all coverages. Con-
ditions 3, 4, 5, 7, 8, 9, 10, 11 and 12 apply only to the coverage noted thereunder.)
1. Premium The Premium bases and rates for the hazards described in the delcarations, are stated
therein. Premium bases and rates for hazards not 50 described are those applicable in
accordance with the manuals in use by company. The term "contract cost" means the total
cost of all work described in Item 6 of the declarations.
The term "rental cost" means the total cost to the contractor for rental of work trains
or other railroad equipment, including the remuneration of all employees of the insnred while
operating, attached to or engaged thereon.
The advance premium stated in the declaration is an estimated premium only. Upon term-
ination of this policy the earned premium shall be computed in accordance with the company's
rules, rates, rating plans, premiums and minimum premiums applicable to this insurance. If
the e<3rned premium thus computed exceeds the estimated advance premium paid, the company shall
look to the contractor specified in the declarations for any such excess; if less, the company
shall return to the said contractor the unearned portion paid.
In no event shall p~yment of premium be an obligation of the n~~ed insured.
2. Inspection The named insured sl1all make available to t.'Je company records
of information relating to the subject matter of this insurance.
The company shall be permitted to inspect all operations in connection with the work described
in Item 6 of the declarations.
3. Limits of Liability The limits of bodily injury liability stated in the declarations as
CovC'ra~ .lpplicable t.o "each person" is the limit of the company's liability for
all dama(]cs, inCluding damage; for care and loss of services, arising out
of Lodily injury sust"incd hy or.e person as the result of anyone occurrence; the limit of
',uch 11dbility stated in tJ'.C declarations as applic<'lble to "e<'lch occurre:<ce" is, subject to
the- above !'rovi';ions rt':'l'ecting each per~;on, r_he tot,.,l limit of the company's liability for
,,\1 ';uch d"m,1'lc ,'l.I'l:;inq out of bodily injury sustllin,'d by two or nore persons as the result of
?IllY one OCCl]rren~.'l',
1.
~,j_~n_i _I :...'~~_l:~ .~h ..~-JLt-.1_
~_'~?.:'~~~' ::':l5-'_~~~.1.('
Thp limit of li<'l.!l\ lity under C,)vC'nlyes R ,md C !>tated
?I~; "pplic,,-tJlo to "'.'.'l.ch occurn~nce" is the total lilInt
in the dccl",r",tions
of tile company I ~l
5.
~ri~;ill<J O'Jt_ of phy:;ic,"Il injury to, dc:;truct.ion or lo:.>~ of illl property of one or more pcr50ns
or' or<JMllZ,.t~Qns, in<:ludinq th'~ lo~;:; of use of ilny prop,}rty du~ to such injury or <icstruction
ulLdcr Covcr""J'_' D, ,'I.:~ Uw re:iul t of allY one occurrence.
Subject to t.he dbo\'c plovi .,i..:;n" r0specting "e~ch occurrence", the limit of liability
\ll\d..r C.,v('r<'lY'''; I; ;Ind C ';t,lh-.! in the d,~(:lo3t-,ltioll a:; ",Hltxeqat(''' i~jth(' total limit of th,'
Cellll!,_l!\y':.; 11,l1JlllfY t"l _lll ll.ll11"'I":; und ,'1.11 j(),;~; \111,j,-r COV('I-"'1f'S II "tiel C coml,ill<'d ,lrl~;ln" olll
,.[ physic,,] illJury to, de~;tnj('t i'!1 or 10:;:; of propcl-ty, inl'ltkl1ng th0 10$5 of U:..>e of ~ni'
I'r,'rcrty due tn ~;uch injury or clC'c;truction under Coverage O.
Under COVtJrayc C, till' limit of tb; ccml:""ny's liability for loss shall not exceed the
actu.'!l c,J,sh v3hlt' of the rro;:;cn:y 0r if the loss is of 3 part thereof th~ actual cash value
of such part, at lime of loss, nor what it would then co~t to repair or replace the property
or such part therc0f with uthcl' of likr~ kind and quality.
5. :;~'Ys:.:-~31 i ty of Intcr(',;t~
C )vcracJcs A&B
The term "t!,c i~1surcd" is uc;cd sever31iy and not collectively, but
tbe inclusing herein of more than aile insured shall not operate to
increase the limits of the company's liability.
6. ~ In the cvpot cf an occurrence or loss, written notice containing particulars suffi-
cient to identify the insured and ulso reasonably obtaintlble information with re-
~pect to the time, place and circumstances thereof, and the names and addresses of
the injured and of available witnesses, shall be given by or for the insured to the company or
~ny cf its authorized asents as soon as pr3.cticable. If claim is made or suit is brought
a'1.'ltnst the insured, he shall ir:unediatcly forward to the company every demand, notice, summons
or other process received by hit.1 or his representative.
"7. A'_;~istance and COQPerat.iclO of the Insu~ed The insured shall cooperate with the company and,
Coverages A&B upon the ccmpany's request, attend hearings and trials and assist in
making settlements, securing and giving evidence, obtaining the attendance
of witnesses and in the conduct of suits. The insured shall not, except at his own cost,
voluntarily make any payment, assume any o~ligation or incur any expense other than for such
im!llediate medical and surgical relief to others as shall be imperative at the time of accident.
,
o. Action Against Company No action shall lie against the company ~~less, as a condition pre-
Coverages A&B cedent thereto, the insured shall have fully complied with all the
terms of ~~is policy, nor until the amount of the insured's obliga-
tion to pay shall have been finally determined either by judgment against the insured after
actual trial or by written agreement of the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to the
extent of the insurance afford2d by this policy. No person or organization shall have any
right under this policy to join the company as a party to any action against the insured to
determine the insured's liability. Bankruptcy or insolvency of the in~ sured or of the insured's
estate shall not relieve the company of any of its obligations hereunder.
Coverage C No action shall lie against the company unless, as a condition precedent there-
to, there shall have been full compliance, with all the terms of this policy nor
\lntil thirty days after proof of loss is filed and the amount of loss is determined as provided
in this pOlicy.
(). 1 w;urcd' s Duties in Event of Loss In the event of loss the insured shall:
Cnvcrage C
(~) protect the property, whether or not the loss is covered by this policy, and any further
loss due to the insured's failure to protect shall not be recoverable under this policy;
reasonable expenses in~ cur red at the company's request;
(b) file with the company, as soon as practicable after loss, his sworn proof of loss in such
form and including such information as the company may reasonably require and shall, upon
the company's request, exhibit the damaged property.
11). '21..'rEais",l If the insured and company fail to agree as to the ilIIlOunt of loss, either may,
r.overaye C within LO days after the proof of loss is filed, demand an appraisal of the
loss. In such event the insured and the company shall each select a competent
appriaser, and the appraisers "hall select a competent and disinterested umpire. The ap-
praisers shall state s~~arately the actual cash value and the amount of loss and failing to
.'I'Jree shall su.'"Jmit their differences to Uw umpire. An award in writing of any two shall
dl'terminc the dInount of 10.'>5. The insured and the company shaJ 1 each pay his chosen appraiser
.-'lwi sh.'lll bear e'ru,1.11y tho othor expenses of the appri\tsal alld umpire.
TIll' company sh"ll not be lH'ld to have w<'liv('c! any of it:; right::> by any act relating to
"l,pnli<;al.
<,.
11.
!~L'nt__~f Lo:;s
~?~:.!,l'Jl' C
The company may pay for the 105s in money but there shall be no Abandorunent
of the darr.,)ycd property to the company.
12.
No BCP.0fit \:0 Dallee
~ov('ragc~
The in::;ured afforded by this policy shall not inure directly or
indirectly to the benefit oEany carrier or bailee. other than the
named insured, liable for 105s to the property.
LL SlluroYclt,ion In the event of any payment under this policy, the company
shall be subrogated to all the insured's right of recovery therefor against o/Iny
person or organiz<'ltion and tlw insured shall execute and deliver instn..unents and papers and do
whatever else is necessary to secure such rights. The insured shall do nothing after loss to
pn..cjudice such rights.
14. ~lication of Insurance The insurance afforded by this policy is primary
insurance.
15. Three Year Policy A policy period of three years is comprised of three consecutive annual
periods. computation and adjustment of earned premium shall be made at the end of each annual
period. Aggregate limits of liability as stated in this policy shall apply separately to each
annual period.
16. ~~anges Notice to any agent or knowl~dgp possessed by any agent or by any other person shall
not effect a waiver or a chanqe in ~~y part of this policy or estop the company from
asserting any right under the terms of this policy; nor shall the terms of this
policy be waived or Changed, except by endorsement issued to form a part of this policy.
17. Assignment
Assignment of interest under this policy shall not bind the company until its
consent is endorsed hereon.
18. Cancellation This pOlicy may be cancelled by the named insured by mailing to the company
written notice stating when thereafter the cancellation shall be effective.
This policy may be cancelled by the company by mailing to the named insured, contractor and
governmental authority at the respective addresses shown in this policy written notice stating
when not less than thirty days thereafter such cancellation shall be effective. The mailing
of notice 4S aforesaid shall be sufficient proof of notice. The effective date and hour of
cancellation stated in the notice shall become the end of the policy period. Delivery of such
written notice either by the named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance with the
customary short rate table and procedure. If the company cancels, earned premium shall be
computed pro rata. Premium adjustment may be mad~ either at the time cancellation is eff~cted
or as soon as practiCable after cancellation becomes effective, but payment or tender of
unearned premium is not a condition of cancellation.
19. Declarations By acceptance of this policy the named insured agrees that such statements in
the declarations as are made by him are his agreements and representations,
that this policy is issued in reliance upon the truth of such representations and that this
policy embodies all agreements existing between himself and the company or any of its agents
relating to this insurance.
IN WITNESS WHEREOF, the
caused this policy to be signed by its president and
ar,d countersigned on the declarations page by a duly
Indemnity Company has
d secretary at
authorized agent of the company.
(F^CSIMlLE OF SIGNATURE)
(FACSIMIr~ OF SIGNATURE)
President
Secretary
7.