HomeMy WebLinkAbout1986-216
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RESOLUTION NO. 86-216
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY RELATING TO THE WIDENING OF GRADE CROSSING
4 NO. 2U-4.2 ON TIPPECANOE AVENUE.
5 BEl T RES 0 l V E D B Y THE t~ A Y 0 RAN D COM M 0 N C 0 U N C I l 0 F THE C I T Y
OF SAN BERNARDINO AS FOllOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with Atchison, Topeka and Santa Fe Railway Company
relating to the widening of Grade Crossing No. 2U-4.2 on
Tippecanoe Avenue, a copy of which is attached hereto, marked
Exhibit II All and incorporated herein 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.
Execution and Amendments. This agreement and
any amendments or modifications thereto shall not take effect or
become operative until fully signed and executed by the parties
and no party shall be obligated hereunder until the time of such
full execution. No oral agreements, amendments, modifications or
waivers are intended or authorized and shall not be implied from
any act or course of conduct of any party.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof,
held on the
June
1986, by the
2nd day 0 f
f 011 0 win g vote, to - wit:
AYES:
Council Members Estrada. Reillv. Hernandez.
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NAYS:
ABSENT:
Marks, Quiel, Strickler
None
Council Member Frazier
U#~,a??~~0
,./ City C 1 e r k
The for ego i n 9 res 0 1 uti 0 n ish ere by a p pro v e d t his ~~A:, day 0 f
June
Approved as to form:
rJ~#IJ~
Ci ty Attorney
, 1986.
~,~~ ~,1 . ?fJe~/
Mayor of he Ci 0 San/Bernardino
2
~ "
.?~ -,);/ t
"~irn Qriginal
05000039-58
(2V-4.2)
COST AND HAINTEIlTANCE AGREEMENT
THIS AGREEMENT, made and entered into this 2Z5..-0.ay of ~t-tlw , 19~~
by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO~AHY, a Delaware
Corporation, hereinafter designated "Santa Fe", and the CITY OF
SAN BERNARDINO, a political subdivision of the State of California,
hereinafter designated ttCity".
WITNESSETH:
WHEREAS, City proposes to widen and improve Tippecanoe Avenue to a roadway width of
80 feet on each side of and including the crossing of Santa Fe's Redlands Branch Track,
designated by California Public utilities Commission as Crossing No. 2v-4.2 and;
WHEREAS, the installation of gate-type flasher signals is proposed to be made
concurrently with this project pursuant to California Department of Transportation
Service Contract, under the Federal Grade Crossing Improvement Program, and;
WHEREAS, the term "Project", as used in this agreement, shall include all work of
every kind and character necessary to accomplish the improvement of the Tippecanoe
Avenue Crossing including, but not limited to, rehabilitation of track, placing of
timber crossing material, installation of automatic crossing warning system, grading,
paving, and drainage, as shown on print of Drawing CECL No. 603-42349, dated
February 16, 1983, marked Exhibit "Att, attached hereto and made a part hereof, and;
WHEREAS, the parties hereto are in accord and desire to express in writing their
understandings and agreement pursuant to which Project is to be constructed, used and
maintained. -
NOW THEREFORE IT IS AGREED:
1. City, or City's Contractor, will do all constt~ction work of said Project, including
adequate drainage and paving, except that work hereinafter specified to be done by
Santa Fe.
2. city, or City's Contractor, will comply with Santa Fe's rules and regulations as
shown in Exhibit "C", Relations With Railway Company, attached hereto and made a
part hereof, and instructions of Sanla Fe's representatives in relation to proper
manner of protecting Santa Fe's tracks and traffic moving thereon, pole lines,
-1-
EXHIBIT 'IA"
signals, and other property of Santa Fe, or its tenants or licensees, at or in the
vicinity of the work during the period of construction of said Project, and shall
perform the work at such times as shall not endanger or interfere with safe and
timely operation of Santa Fe's track and other facilities.
3. Santa Fe will, at its expense:
(a) Remove crossing material and prepare track to receive crossing materials
through existing roadway width,
(b) Install new crossing material in existing portion of roadway.
4. Santa Fe will, at City's expense:
(a) Prepare track to receive crossing material through widened roadway area.
(b) Place necessary crossing materials.
5. City will, at its expense:
(a) Arrange for partial closing of crossing to vehicular traffic during recon-
struction by Santa Fe including all necessary traffic control devices, barri-
cades and delineators and continue such partial closure until work is completed
by Santa Fe,
(b) Advise emergency agencies and public of the closure of the crossing prior to
construction and
(c) Pave crossing approaches after installation of crossing material by Santa Fe
prior to reopening crossing to public use.
6. Work specified to be done in above Paragraphs 3 and 4 by Santa Fe shall be done as
soon as practicable, considering availability of materials and manpower. In
consideration thereof, City will pay to Santa Fe the actual total cost of work
specified in above Paragraph 4, presently estimated by Santa Fe to be TWENTY SEVEN
THOUSAND FOUR HUNDRED SIXTY SIX ($27,466.00) Dollars, as shown on Exhibit "B"
attached hereto and made a part hereof.
/If
7. Santa Fe shall submit to City a bill for ninety percent (90~) of City's share of the
estimated cost prior to commencement of work contemplated, which bill City agrees to
promptly pay. City shall pay the actual cost upon completion of audit, less credit
for the sum previously paid.
8. After installation of railroad crossing warning signals and appurtenances under
terms of state Service Contract, Santa Fe shall physically maintain same so long as
they remain in place. The maintenance cost of said signals and appurten- ances
shall be shared equally by city and Santa Fe in accordance with Section 1202.2 of
the California Public Utilities Code, except that City's liability therefor shall
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be limited to such funds as may be set aside for allocation to the Public utilities
Commission pursuant to Section 1231.1 of the Public utilities Code.
9. Santa Fe will, at its expense, maintain that portion of the crossing lying between
lines two feet outside of and parallel to the rails of the tracks.
10. City will, at its expense, maintain any street improvement within said crossing
other than specified to be maintained by Santa Fe in above Paragraphs 8 and 9.
11. That all work covered by this Agreement shall conform to requirements of the Public
utilities Commission of the State of California.
12. Santa Fe agrees to give and hereby gives permission and license to City, its
successors and assigns, to enter that portion of Santa Fe's right of way shown
shaded on said Exhibit "A" solely for the purpose of construction and maintenance of
said project as shown outlined bold on said Exhibit "A". This license and
permission is subject to:
(a) All licenses, leases, easements, restrictions, reservations, conditions,
covenants, encumbrances, rights and rights of way, liens and claims of title
which may in any manner affect the said right of way.
(b) The prior and continuing right and obligation of Santa Fe its successors and
assigns, to use in the performance of its public duty as a common carrier.
This license and permission is given without warranty of title of any kind,
expressed or implied.
13. city agrees to incorporate in each prime contract for construction of structure, or
the specifications therefor, the provisions, entitled "Relations with Railway
Company" set forth in Exhibits "C", "C-1" , and "C-2", attached hereto and made a
part hereof, and accepts responsibility 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 Project will be done pursuant to a contract or
",
contracts to be let by City to a contractor or contractors, and all work performed
thereunder within the limits of said right of way shall be performed in a good and
workmanlike manner and in accordance with plans and specifications approved by
Santa Fe and only those 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 Fe
shall be done to the satisfaction of Santa Fe.
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(b) That no work shall be commenced over or adjacent to Santa Fe track until each
of the prime contractors employed in connection with said work shall have (i)
executed and delivered to Santa Fe a letter agreement in the form of said
Exhibit "C-l" , and (ii) delivered to and secured the approval by Santa Fe of
the insurance required by said Exhibit "C-2".
(c) That if, in the opinion of the city, it shall be for the best interest of the
City, it may direct that the construction of said project be done by day labor
under the direction and control of City, or if, at any time, in the opinion of
the City, the contractor has failed to prosecute with diligence and force the
work specified in and by the terms of said contract, it may in the manner
provided by law, terminate the contractor's control over said work and take
possession of all or any part thereof, and proceed to complete same by daylabor
or by employing another contractor or contractors on informal contracts,
provided that all such informal contracts shall require the contractor to
comply with the obligations in favor of Santa Fe hereinabove setout in above
Paragraph 14, and provided further, that if such construction is performed by
day labor, City will, at its expense, procure and maintain in behalf of
Santa Fe insurance required by said Exhibit "C-2".
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
authority regularly granted them by its City Council and
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of
the day and year first above written.
By
FE RAILWAY COMPANY
Its
CITY OJ!' S~y~. IIIO ~ ~4 ~
~ts4 ~
ATTEST:
~.&11~~
./ City Clerk
68487XH
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
FORCE ACCOUNT ESTIMATE FOR
CITY OF SAN BERNARDINO
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In connection with widening of Tippecanoe Avenue grade crossing - San Bernardino
County, Project Federal Aid, D.O.T. No. 27226P, Hile Post 4 + 1056 ft., near
Red lands , California on the Redlands District - Los Angeles Division - 48 trk. ft.
widening of existing 2 track crossing surface and to provide necessary engineering.
- - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - -
QUANTITY
UNIT
SUBTOTALS
TOTAL COST
~:
Engineering - public imp.
Track Department labor
Payroll associated costs
Subsistence allowance
Insurance
Total Labor
655
6,136
3,572
1,809
917
13,089
MATERIAL:
Ballast, Shipley
Boutet weld
Cross ties, No. 1 - 9 ft.
Full depth sec. xing. 48 ft., 90 lb.
Rail, 90 lb. new welded
Use tax
Handling
Transportation
Total Haterial
100
8
63
4.080
3.240
CY
EA
EA
MBH
NT
692
443
1,309
4,320
1,706
534
424
678
10,106
OTHER:
Equipment rental
Total Other
1.766
1,766
Billing and accounting
contingencies
Less salvage
Total Estimated Cost
250
2.496
(241)
27.466
The A.T. & S.F. Railway Company
Chief Engineer System - Chicago
October 28, 1985 - 76-008-00147
DRG/0106e
EXUID 'T"B"
I~XH I nIT "c"
K.ELATWNS W[1'H HAIUJAY COMPANY
-l.OI General.--The Contractor, as a prerequisite for award, shall be satisfactory as to his
rcsponsihility and ability to perform the work over and across the property and over or under the
tr;1ck~) c" Thl' Atchison, Topeka and Santa Fe Railway Company.
[t IH expected that The Atchison, Topeka and Santa Fe Railway Cumpany will cooperate with the
Cant ractol- to the end that the work may be handled ill an efficient manner, but the Contractor shall
have no cLaim for damages or extra compensation in the event his work is held up by the work of the
Rai lway C,'mp.Jny forces.
-1.02 Agreement.--Before doing any work on Railway right of way, or property, the Contractor will
Ll~ requirl:J to execute and deliver to The Atchison, Topeka and Santa Fe Railway Company a letter
agreement, in the form attached hereto, obligating the Contractor to provide and keep in full force and
el fect th'2 insurance called for under "insurance" of these special provisions.
-1.03 Railway Requirements.--The Contractor shall cooperate with The Atchison, Topeka and Santa Fe
Railway C,)mpany where work is over or under the tracks, or within the limits of Railway property in
order to ,'xpt>d j te the work and to avoid interference with the operation of Railway equipment.
The C..ntractor shall comply with the rules and regulations of Railway or the instructions of its
n~presentdtives in relation to the proper manner of plote:cting the tracks and property of Railway and
the traffic moving on such tracks, as well as the wires, signals and other property of Railway, its
tensnte or licensees, at and in the vicinity of the work during the period of construction.
The Contraclor shall perform his work in such 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
track ballast, free of sand or debris resulting from his operations. Any damage to Railroad facilities
resulting lrum contractor's operations will be repaired or replaced by Railroad and the cost of such
repairs or replacement shall be deducted from the contractor's progress and final pay estimates.
The CUlltractor shall not pile or store any materials, 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
22'-6" Vert ically above top of rail
27'-0" Vert ically above top of rail for electric wires car ry i ng less than 750 volts
2H'-()" Vert ica lly above top of rail for electric wi re s carrying 750 volts to 15,000 volts
JO'-O" Vertically above top of rail for electric wires carry ing 15,000 volts to 20,000 volts
34'-0" Vert ica lly above top of rail for electric wi re s carrying more than 20,000 volts
Any illlringemcnt on the above clearances or walkways due to the Contractor's operations shall be
submitted 10 the Railway and to the Engineer and shall not be undertaken until approved by the Railway,
<lnd ulltil the Engin€!er has obtained any necessary authorization from the Public Utilities Commission
for the infringement. No extra compensation will be allowed in the event the Contractor's work is
dl~ layed pend ing Ra i lway approva 1, and Public Ut i 1 i ties Commiss ion authorizat ion.
In the case of impaired vertical clearance above top of rail, Railway shall have the option of
illstalling tell-tales or other protective devices Railway deems necessary for protection of railway
trainmen or rail traffic.
'l'11P details of conHtruction affectinp, the Railway tracks and property not inCluded in tht:l contract
planH shall be ~llbmitted to the Railway {or approval before such work is undertaken.
If the Contractor desires to move his equipment or materials across Hailway's tracks he shall
ohtain penllissioll from Railway and, should it be requir{~d, the Contractor shall obtain a private
~'r()ssing <l)ret'lIIpnt. The crossing installation for the use of the Contractor, if required, shall be at
lll" ('xpens.' of till' Contractor.
TIl.! COlltlactor shall, upon completion of the work cuvert:ld by this contract to be perfortued by the
('t.ntractor upon the premiseti or OVt~l- or beneath the tracks of Railway, promptly remove from the
1.
-1.04 Protection of Railroad Facilities:-
(1) Upon advClncc notification of not less thCln 24 hourG by contractor, Railroad representatives, con-
ductors, flagmen or watchmen will be provided by railroad to protect it facilities, property and
movements of its trains or engines. In general, Railroad will furnish such personnel or other
protective services:
(il) H1lcn any part of any equipment is standing or being operated within 10 feet, measured hori-
zontally, from centerline of any track on which trains may operate, or when any erection or
cunstruction activities are in progress within such limits, regardless of elevation above or
below track.
(b) For any excavation below elevation of track subgrade if, in the op~n~on of Railroad's repre-
sentative, track or other railroad facilities may be subject to settlement of movement.
(e) For any clearing, grubbing, grading, or blasting in proximity to Railroad facilities which, in
the opinion of Railroad's representative, may 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) Information as to the Railroad employees which may be required to provide protection to Railroad
facilities is as follows:
(a) Inspector
$250.00 per day plus expenses
(b) Flagman
$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 and the cost of installing protective devices in the case
of impaired clearance shall be borne by the City/County. The Contractor shall be responsible for
payment of all costs incurred for any damages to Railroad roadbed, track and/or appurtenances thereto,
resulting from use, occupancy, presence of its employees or agents on or about the construction site.
(4) Railroad will submit its final bills for flagging and related services to City/County after com-
plet~on of the project. City/County will pay all flagging charges.
2
~XHIn-I~'C-l-':~
agroement between
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND THE C0NTRACTOR
IN CONNECTION WITH
The Atch...son, Topeka and Santa Fe Railway Company
Ol:e Santa Fe Plaza, 5200 E. Sheila Street
Los Angeles, CA 90040
Attention: General Manager
G~ntlcmen :
The undersigned has entered into a contract dated
, 19___, with the
, for the performance of
certain work in connection with
in the performance of which work the undersigned will necessarily be required to conduct operations
within your right of way and property. The Contract provides that no work shall be commenced within
your right of way or property until the contractor employed in connection with said ~~rk 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 save 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, (b) 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 (a), (b), or (c), and all fines or penalties imposed upon or assessed against Santa
Fe, and all expenses of investigating and defending against same, 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. That the undersigned will procure, and maintain in force, insurance meeting all of the requirements
outlined in the special provisions for and in contract referred to in the second paragraph above, and
there is handed you herewith:
(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 Angeles, 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 the undersigned will observe and comply with all the provisions, obligations and limita-
tions to be observed 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 damages to Railroad roadbed,
tracks, and/or property, resulting from use, occupancy, presence of its employees or agents on or about
the construction site.
1.
AT&Sc RailwuY Co.
Date:
Kindly acknowledge receipt of this letter and of the insurance policies hen~in provided to be
furn i:;lw(1 to you by signinq and returning to the undersiqned a copy of this letter ,1.Jlich shall there-
upon con~ititute an agroement between us.
Yours truly,
By
Receipt of the foregoing letter and of the policies
and certificates of insurance herein provided to be
furnished is hereby acknowledged this
day of , 19______,
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By
rts
2.
EXHIBIT "C-2"
RAILROAD PROTECTIVE INSURANCE
In addition to any other form of insurance or bonds required under the terms of the contract and
specifications. the Contractor will be required to carry insurance of the kinds and in the amounts
hereinafter specified. Such insurance shall be approved by:
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
hereinafter called "Railroad" before any work is performed on Railroad property and shall be carried
until all work required to be performed on or adjacent to the Railroad'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 presentable 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
policies 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 insurance 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 thirty (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. Contractorts 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 the 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 any part of the work within or adjacent to Railroad's property is subcontracted. the Contractor
in addition to carrying the above insurance, shall provide the above insurance in behalf of the subcon-
tractors to cover their operations.
2. Contri'lctor's Protective Public liability and
P~()perty Damage Liability 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 Liability and Property Damage Liability Insurance providing for the same limits as specified for
Railroadts 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
The 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 adjacent to Railroad's property.
have issued and furnished separately, policy or policies of insurance in the Railroad Protective Lia-
bility Form as hereinafter specified in favor of The Atchison. Topeka and Santa Fe Railway Company. One
Santa Fe Plaza. 5200 East Sheila Street. Los Angeles. CA 90040.
1.
Railroad Protective Liability Fonn
--rNdme of Insurance--Companyj--
DE CLM{AT IONS:
11..'111 1.
N.lllll'd Inc.,un'd:
The Atchison. Topeka and Santa Fe Railway Company
One Santa Fe Plaza, 5200 East Sheila Street
Los Angeles. CA 90040
Item 2. Policy Period:
From to
12:01 a.m.. Standard Time. at the designated job site-aS-stated hereTn:-
Item 3. 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 terms of this policy having reference thereto.
Coveraqes
Limits of Liability
--------------------------------------------------------------------------------------------------------
A Bodily Injury Liability
B Property Damage 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.
--------------------------------------------------------------------------------------------------------
~- - ---------.--------------- ---------- ----- .--..-,.----- ----. ------- -.---- ----_.- .----.
It~m 4. Name and Address of Contractor:
Item 5. Name and address of Government Authority for whom the work by the Contractor is heing performed:
Item 6. Designation of the Job Site and Description of Work:
Premium
Bases
---------------------------------------------------------------------------------------------------------
Rates per $100 of Cost
Coverage A Coverages B&C
Advance Premiums
Coverage A Coverages B&C
Contract
Cost
$
$
$
$
Ren ta 1
C05_t_ _ ___________ .?__________._______ __. _..L_____________________$___________________~_____
---------------------------------------------------------------------------------------------------------
Countersigned
19
By
POLICY
-------- TN-ame-OTrnsu ra nceCom-pa-nyT--
A insurance company. herein called the Company, aqrees with the insured
named in-Th-e-declarations made a part hereof, in consideration of the payment of the premium and in re-
1 iance upon the statements in the declarations made by the named insured and sub,icct to all of the
t0rms of this policy:
INSURING AGREEMENTS
r. cO~~E~Jn A~ Ro~~ Liability
T" P"l' "11 hl'h.'llf of tIll' i",oIU-t'd .'111 S\L-n~~ whid\ till' ill~"lll'd ',11,"11 hl'C(\I1l.' h''l.'\lly nlJ]iq..'Hl'd In
I"')' .,,, d,'nt,'<]l':: bl":,'U:;., ,,( l,,'dily iUllllY, Sil'kllt':;~";, Ol" <11:;",1.::,', illL'llldilhj d,','lh .'1,'11'1' lillll' l,'~ultill<J
t lH'rc' t rom, lwrcinaftcr ca11c'd "bodily injury", ei tl1er (1) sU:3tained by any person arising out of
acts or omissions at the designated job site which are related to or are in connection with the
work described 1.n Item 6 of the declarations, or (2) sustained at the designated job site by the
con~_ractor or any empl.oyee of the contractor or by any designated employee of the insured whether
or not arising out of such acts or omissions.
Covernge n - Property Damage Liability
'I'o pay on behalf of the insured all sums which the insured shall become legally obligated to
pay as d,lmages because of physical injury to or destruction of property, including loss of use of
any property due to such injury or destruction, hereinafter called "property damage", arising out
of acts or omissions at the designated job site which are related to or are in connection with the
work described in Item 6 of the dclarations.
Coverage C - Physical Damage to Property
To pay for direct and accidental loss of or damage to rolling stock and their contents, mechan-
ical construction equipment, or motive power equipment, hereinafter called loss, arising out of
acts or omissions at the designated job sit~ wr:ch 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 insured and also includes any
executive officer, director or stockholder thereof while acting within the scope of his duties
as such.
(b) Contractor - The word "contractor" 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) Designated employee of the insured - The words "designated emp~oyee 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 assigned 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. Defense, Settlement, Supplementary Payments
With respect to such insurance as is afforded by this policy under coverages A and B, 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 this pOlicy, even if any of the allegations of
the suit are groundless, false or fraudulent; but the Company may 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 therein 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;
(7) premiums on appeal bonds required in any such suit, premiums on bonds to release attach-
ments for an amount not in excess of the applicable limit of liability of this policy,
but without obligation to apply for or furnish any such bonds;
(3) expenses incurred by the insured for such immediate medical and surgical relief to others
as shall be imperative at the time of the occurrence;
(tl) all reasonable expenses, other than loss of earninqs, incurred by the insured at the
Comp(~lIlY I s reque;jt.
IV. Policy Period, Territory
This policy applies only t.o occurrences and losses during the policy period and within the
United States of America, its territories or possessions, or Canada.
EXCLUSIONS
Ti'l', 1,,,11"\' 01''''',11,,1 "I'I,loy:
(1) I.. JI"l>ility .'1:;:,\lill,'d by tIll' ill:,\ll"l~U ullli.,t ,'lIY COIIII,'l'l ,>I "'lll'I'UtI'II! <,Xl'l'pt " L")1I11",.t ,,::
d,'fined h('rei n;
(b) to bodily injury or property damage caused intentionally by or at the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after notification to the named insured
of the acceptance of the work by the governmental authority, other than bodily injury, pro-
perty damage or loss resulting from the existence or removal of tools, uninstalled equipment
and abandoned or unused materials;
.(d) Under Coverages A(]), Band C, to bodily injury, property damage or loss, the sole proximate
cause of which is an act or omission of any i.nsured other than acts or omissions of any desig-
nated employee of any insured;
(e) under Coverage l., to any obligation for which the insured or any carrier as his insurer may be
held li~ble under any workmen's compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employers' Liability Act, U.S. Code
(1946) Title 45, Sections 51-60, as amendej, shall for the purposes of this insurance be
deemed not to bl} any similar la\>1;
(f) under Coverage B, to injury to or destruction of property (1) owned by the named insured or
(II) leased or entrusted to the named 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)
any person or orgdnization is required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had
this policy not been issued would be, entitled to indemnity from the united States of
America, or any agency thereof, lli~der any agreement entered into by the United States of
America, or any agency thereof, with any person or organization.
2. Under 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,
sickness, 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. under 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, transported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an
insured of services, materials, parts or equipment in connection with the planning,
construction, maintenance, operation or use of any 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
fad li ty.
4. As used in this exclusion:
"Hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct material;
"source material", "Special nuclear material", and "byproduct material" have th(1 meanings
given them in the At:omic Energy Act of 1954, or in any law amendatory
thereof.
4.
"~'I"'lll flll'l" \IIl''''Il~; <'illY luel. t'll'llIl'nl ur fucl ,'ompUllt'llt't, ~;(d id fll' litluid,which h",~; llt,'('n \1~a'd
or exposed t.o radiation in a nuclear rea,:tol;
"wdstc" means any waste material:
(1) containing byproduct material and
(2) resulting from the operation by any person or organization of any nuclear facility
included within the definition of nuclear facility under paragraph (a) or (b) there-
of;
"nuclear faci.lity" means:
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating the isotopes of uranium
or plutonium, (2) processing or utilizing spend fuel, or (3) handling, processing or
packaging waste;
(c) any equipment or device used for the processing, fabricating or alloying of special
nuclear material if at ~lY time the total amount of such material in the custody of
the insured at the premises where such equipment or device is located consists of or
contains more than 25 grams of plutonium or uranium 233 or any combination thereof,
or more than 250 grams of uranium 235.
(d) any structure, basin, excavation, premises or place prepared or used for the storage
or disposal of waste,
and includes the site on which any of the foregoing is located, all operations conducted on
such site and all premises 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, the word
includes all forms of radioactive contamination 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 cOl1ditions, except conditions 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. Pr~mi~~ The Premium bases and rates for the hazards described in the delcarations, are stated
therein. Premium bases and rates for hazards not so 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 insured 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 earned 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 payment of premium be an obligation of the named insured.
2. Inspection The named insured shall make available to the 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
Coverage A applicable to "each person" is the limit of the company's liability for
all damages, including damages for care and loss of services, arising out
of bodily injury sustained by one person as the result of anyone occurrence; the limit of
such liability stated in the declarations as applicable to "each occurrence" is, subject to
the above provisions respecting each person, the total limit of the company's liability for
all such damage arising out of bodily injury sustained by two or more persons as the result of
anyone occurrence.
11 .
~.Lrrt2ts__?f LiabD2..~
~~~~~ a(J~L~,~ &C
The limit of liability under Coverages Band C stated in the declarations
as applicable to "each occurrence" is the total limit of the company's
5.
3nslng out of phy~;ical injury to, destruction or loss of all property of one or more persons
or- organizations, including the loss of use of any property due t~o such injury or destruction
un<icr Cover~gE' B, (\5 tht~ resul t of anyone occurrence.
Subject to the above provisions respecting "each occurrence", the limit of liability
.mdl'r C'cNf'r<'\qt:5 Band C ~;t,'It(>d in the <ieclaration as "(\C}treqalC''' is th(> total limit of the
C')1\l1'311Y'~; li.,bility tur .'Ill d.'m.,q.,~~ ,1l1d .,11 lo:;~: lllld.'! C()V(,I.'1'lC'~~ n .1nd C ,:oml>ilH'<i .\ri~;inq 1)111
\.)f physi.;al illjUl.Y tu, d~~;truct ion or loss of pruperty, i nc Illdulg lilt' loss .:>1 USt: l.lt ,~Ull'
property due to "ueh j njury or destruction under Coverage B.
Under Coverage C, the limit of the company's liability for loss shall not exceed the
actual c.J.sh value of the property or if the loss is of a part thereof the actual cash value
of such part, at time of loss, nor what it would then cost to repair or replace the property
or such part thereof with other of like kind and quality.
5. Sevcrality of Interests
Coverev;;/es A&B
The term "the insured" is used severally and not collectively, but
the inclusing herein of more than one 1nsured shall not operate to
increase the limits of the company's liability.
(j. Notice In the event of an occurrence or loss, written notice containing particulars suffi-
cient to identify the insured and also reasonably obtainable information with re-
spect 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
any of its authorized agents as soon as practicable. If claim is made or suit is brought
against the insured, he shall immediately forward to the company every demand, notice, summons
or other process received by him or his reprssentative.
7. Assistance and Cooperation of the Insur€:d The insured shall cooperate with the company and,
Coverages A&B upon the company's request, attend hearings and trials and assist in
making settlements, securing and giving evidence, obtaining the attendance
of witnesses ap.d 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
immediate medical and surgical relief to others as shall be imperative at the time of accident.
8. ~ction Against Company No action shall lie against the company unless, as a condition pre-
Coverages A&B cedent thereto, the insured shall have fully complied with all the
terms of this 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 afforded by tl1is 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
until thirty days after proof of loss is filed and the amount of loss is determined as provided
in this policy.
9. Insured's Duties in Event of Loss In the event of loss the insured shall:
Coverage C
Ca) 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~ curred 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.
10. Apprais~. If the insured and company fail to agree as to the amount of loss, either may,
Coverage C within 60 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 shall select a competent and disinterested umpire. The ap-
praisers shall state separately the actual cash value and the amount of loss and failing to
agree shall submit their differences to the umpire. An award in writing of any two shall
determine the amount of loss. The insured and the company shall each pay his chosen appraiser
("lnd shall bear equally the other expenses of the appraisal and umpire.
The company shall not be h.-:ld to have waived any of its rights by any act relating to
dpprai:;al.
6.
11.
~~ent of Loss
Coverilge C
The company may pay for the loss in money but there shall be no abandonment
of the damaged property to the company.
12.
No Benefit to Bailee
Coverage C
The insured afforded by this policy shall not inure directly or
indirectly to the benefit of any carrier or bailee, other than the
named insured, liable for loss to the property.
13. Subrogation In the event of any payment under this policy, the company
shall be subrogated to all the insured's right of recovery therefor against any
~crson or o~ganization and the insured shall execute and deliver instruments and papers and do
whatever else is necessary to secure such rights. The insured shall do nothing after loss to
prejudice 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 adjusbment 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 knowledge possessed by any agent or by any other person Shdll
not effect a waiver or a change in any 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 as 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
customarj short rate table and procedure. If the company cancels, earned premium shall be
computed pro rata. Premium a<.1justrnent may be ma<.1e either at the time cancellation is effected
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 Indemnity Company has
caused this policy to be signed by its president and a secretary at
and countersigned on the declarations page by a duly authorized agent of the company.
(FACSIMILE OF SIGNATURE)
(FACSIMILE OF SIGNATURE)
President
Secretary
7.