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RESOLUTION NG. /~&~
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY, THE CITY OF COLTON, AND THE CITY OF SAN
BERNARDINO, RELATING TO CONSTRUCTION OF THE MILL STREET SEPARATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION ONE: The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an Agreement
between The Atchison, Topeka and Santa Fe Railway Company, the City of Colton,
and the City of San Bernardino, relating to construction of the Mill Street
Separation, a copy of which is attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at length
herein.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
hi' ij~4/ meeting thereof held on the /,<?d1
Of~AA~'~~ ' 1976, by the following vote, to-wit: ,
f "", Oo=<U_. ~ :t1t~::;~'~-"A,
~,
day
NOES:
ABSENT:
/~<-
day of
The foregoing
//'-"')
j;~JJlr
cz::;,'-A'/fId
C ty: lerk
hereby approved this ~/~
resofuution is
, 1976.
JAi'J 2:~ Ellci
LUCILLE GOFORTH, City Clerk
'T.22L.2?l~<-h<~ .._._
.
.f
~
'.
r. ,
Ar.:REEI1E:NT, made this
19th
day of
Jan uary
.' 1.97~, between TIlE ATCHISON.
TOPI:~KA lJ<D SANTA Fl~ TlAILWAY COMPANY, a Dela-
war", corporation, bereinafter callen "Santa
FO"1 tho City of SAN BEPNARl'INO, a nluni-
d.pal subdi'Jision of County of San Bernardino,
herainafter called "City. r and the CITY OF
COLTON, a municipal subdivision of the
County of San Bernardino.
RECl'!'l\L5
S"lnta Fe owns and operates a line of railroad in and through the
Cities of San Bernardir.o and Colton, county of .San Bernardino.
City of San Bcrni'<rdino, acting as Sponsoring ],gent, in connection with
the ",,,tension of l!ill Street, proposes to construct an overpass structure as
an integral part of s~ij improvement to be situated partially in the City of
Colton. The new structure will pass over the Santa Fe's tracks by means of a
reinforced c.oncrete :;t;ructure and a"proaches thereto and will be known as
Mill Street OVerpass.
The proposed str~cture.will cross Santa Fe's right of way and tracks
at the location sho"~ on Drawinq No. C. E. C. L. 603-32584, dated April 9,
1975, marked Exhibit "1\" attached hereto and made a part hereof.
The term "structure" as u,;ed in this agreement to ri'!fer to construc-
tio.. affecting Santa Fe in the pronosed h:.ghway project, shall include COI1-
strUGtJon of' ,~verpaBs structure and approaches thereto, necess~ry changes to
co~mnicationSi sign~l, elactrical lines and appurtenances, highway and other
;~p. ar3ing, high;.JClY paverncr.-:;- high~"ay lighting t drainage facilities and any lor a 11
c;..her '-'lork of €:vBry kind and cha::act;:;l: necessary to 3ccom~lish the construct.ior~
of th~ gr-ade se:::at"~t:ion stru=ture acro~..s Santa Fe's right of way and tracks..
1.
",'.,
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,
,
The parties hereto desire 'to express in writing their understanding
and agreement pursuant to which said structure is to be constructed" used,
and maintained.
ARTICLE I
IN CONSIDERATION of the covenants of City, and the City of Colton,
hereinafter contained and the faithful performance thereof, Santa Fe agrees
1. To grant and hereby does grant to City, its successors and as-
signs, all upon and subject to the terms and conditions hereinafter set forth,
the right to enter upon and use the portion of Santa Fe's right of way shown in
green on said Exhibit "A" for public roadway purposes and to construct the ,
overpass within that portion of said right of way, excepting and reserving
the right to be exercised by Santa Fe, and by any others who have obtained, or
may obtain, permission or authority from Santa Fe so to'do,
(a). To operate, maintain, renew and/or relocate any and all existing
railroad ~rack or tracks, wires. pipes and other facilities of like
character upon, over or under the surface of said right of way,
,
(b) from time to time to construct, operate, maintain,renew andlor -- -. .. ._~~.
relocate upon said right of way additional facilities of the character
described in Clause (a) of this paragraph, in such manner as may be
consistent with the enjoyment, safety and compatibility of the use
of the right of way for public roadway purposes.
Santa Fe also reserves for itself, its successors and assigns, lessees
and licensees all rights in and to the airspace above the roadway surface of the
highway as originally constructed at an elevation higher than a plane parallel
with and 30 feet above the roadway surface of said roadway, provided that such ~
use shall not interfere with the enjoyment, safety and compatibility of the
use of the right of way for roadway purposes as herein granted.
2.
..
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3.
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4. To submit to City periodic bills covering the cost of work per-
formEld by it, and upon completion of said structure, a detailed statement of
final costs, segregated as to labor and materials for each item in the_recap~
itulation on said Exhibit "B". The rates and schedules for labor, equipment
and materials, and manner of billing shall be as !?oet forth in the Federal-aid
Highway Program Manual, U. S. Department of Transportation, and any- revisions
thereof or amendments thereto~ which said manual is hereby incorporated in and
made a part of this agreement by reference.
5. - To furnish rates applicable to the various classes of labor which
may be required for flagging in connection with structure. said rates are
sho~ on Exhibit "C", attached hereto and made a part hereof, for the use of
prospective bidders with a statement, however, that such rates are for guidance
only and do not commit Santa Fe not to alter or increase such rates.
6. Upon completion of structure, to maintain its railroad facilities
in accordance with Article IV, Section ~ herein.
ARI'ICLE II
IN CONSIDERATION of the covenants of Santa Fe and City of Colton,
and the faithful performance thereof, City agrees:
1. To prepare all plans and specifications for structure, which
said plans and specifications shall be sUbmitted to Santa Fe for approval
prior to commencement of construction. After having been approved by both
parties hereto, said plans and specifications are hereby adopted and incorpor-
ated into this agreement by reference.
2. To acquire all rights of way necessary for the construction of
said structure.
3. To make application to the Public utilities commission of the
State of California for an order authorizing construction of structure and to
furnish the commission with plans for structure, approved by Santa Fe, together
wi th a cert! fied copy of this agreement.
4.
~_.,c~ I
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4. To do necessary grading, con~truct said structure" construct
necessary drainage facilities, and do all other work :as.provided for in the
plans and specifications for said structure, except such .work as Santa Fe
herein agrees to do.
5. To make any and all arrangements that may be necessary to secure
the location or relocation of wire lines, pipe lines and other facilities owned
by private persons, companies, corporations, political subdivisions or public
utili ties, other than Santa Fe or Western Union, which it may be found, necessary
to locate or relocate in any manner whatsoever".due to' construc,tio!1 .of structure."
6. To furnish all labor, materials, .tools and equipment in do:l.ng the
work it herein agrees to do. All work called for on its part will be performed
in such manner so as not to interfere with the safe and t:l.mely operation of
Santa Fe's line of railroad.
7. To require its contractor or contractors to notify Santa Fe 48
hours :l.n advance of any blasting so that proper flagging protection maybe
provided to prevent damage to Santa Fe's trains or property.
8. To incorporate in each prime contract for construct:l.on of structure,
or the specifications therefor, the provis:l.ons, entitled "Relations with Rail-
way Company" set forth in Exhibits "C", "C_I", and "C-'2", attached hereto and
made a part hereof.
9. To furnish to Santa Fe, for approval, 6 copies of plans and two
sets of calculations of any falsework, shoring or cribbing that may be planned
to be used over, under or adjacent to Santa Fe's tracks, and the use of such
falsework will conform to the Standard side and/or overhead clearances as per
General Order No. 26-D of the Public utilities Commission of the State of Cal-
ifornia governing such clearances. In case the use of such falsework will
impair clearances requested by City in its application to the Public util:l.ties
Commission of the State of California, City will apply to the Public utilities
Commission for approval of such impa:.rment during the period of construction
of said structure.
5_
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10. That, except as hereinafter otherwise-specifically provided, all
work. to be done hereunder by Ci ty i.n the construction .of said structure will
be done pursuant to a contract or contracts t~ 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 work..>nanlike..manner and in accordance with
plans and specifications approved by Santa Fe and only those changes or modifica-
tions during construction that affect Santa Fe shall also be subject to approval
by Santa Fe, and all contracts shall provide:
(a) That all work performed over, - under or adj~cent- to the tracks of Santa
Fe shall be done to the satisfactioncof Santa Fe.
(b) No \.ork shall be commenced on Santa Fe property 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"l and (ii) delivered to and secured the
approval by Santa Fe of the insurance required by said Exhibit"C-2".
(c) If in the opinion of City it shall be for the best interest of the
Cities of San Bernardino and Colton, it may direct that the construc-
tion of structure be done by day labor under the direction and control
of City; or if at any time in the opinion of City the contractor has
failed to prosecute with diligence and force the work specified in
and by terms of said contract, it may, in manner provided by law,
terminate contractor's control over said work and take possession of
all or any part thereof, and proceed to complete same by day labor or
by employing another contractor or contractors provided that all such
contracts shall require the contractors to comply with the obligations
in favor of Santa Fe as hereinabove set out in Section 10 of this
Article II, and provided further that if such construction is performE'd
by day labor, City will, at its expense, procure and maintain in behalf
of Santa Fe, the insurdnce required by said Exllibit "C-2".
6.
11. TO reimburse Santa F~ promptly upon receipt of bills for cost
of work done by Santa Fe's forces, cOllloil.ed in accordance with terms of Article I,
o .
Section .4 of this agreement.
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12. To notify Santa Fe in writing of the date on which City, its
Contractor, and Santa Fe will meet for the purpose of making final inspection of
said structure.
ARTICLE III
IN CONSIDERATION of the covenants of Santa Fe and City of San Bernar-
d1no herein contained and the faithful performance thereof, City of Colton
. agrees:
1. TO let City of san Bernardino act as the coordinating agency to
effect the construct.ion of structure.
2. To provide to City of San Bernardino necessary right of way for
.
t:hat portion of structure situated within its City Limits.
3. Enter into an agreement with City of San Bernardino to provide
for maintenance of structure in accordance with Article IV, Section 9 of
~ ',"
this agreement.
ARl'ICLE IV
IN CONSIDERATION of the premises. it is mutually agreed:
1. All work contemplat.ed in this agreement shall be performed in a
good and workmanlike manner 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 each portion
shall be promptly cOlll!llenced by ~he parties hereto obligated to do the same and
thereafter diligently prosecuted to conclusion in its logical order and sequence.
2. Work by Santa Fe's forces provided for in this agreement will not
be commenced at the structure site until authorization to proceed is made by
City.in writing. Santa Fe may purchase and stockpile material in.advance of
construction for Work outHnE'd in said..Exhibi t "n".
7.
3. Structure shall provide for a two-lane rolldway having a clear
width of 32 ft. of traveled way with adjacent curbs and a lo-ft. sid_alk
,
and/or bik_ay to cross over three (3) existing main tracks and yard tracks,
/
as shown on said Exhibit "A". The work shall be done in accordance with de-
tailed plans approved by all parties hereto, subject to approval of the Public
Utilities COllIllIission of the state of California, with minimum clearances as
approved by said Commission.
4. That the project involving construction of said structure is deemed
to be of no cognizable benefit to Santa Fe within the meaning of Title 23 of
the United States Code (Highway) and as amended, and Federal Aid Highway Program
Manual and any revisions thereof or amendments therelxH therefore, Santa Fe will
not be required to contribute to the cost of construction of said structure
inasmuch as there is no elimination of an existing public grade crossing.
5. That City will, out of funds ,made available to it for the cOnstrue-
tion of such projects, reimburse Santa Fe in full for actual cost of all work
.. done by it as set forth in Article I Sec. 2, provided, however, that all expenses
incurred by Santa Fe and billed to City, for which City is obligated to reim-
burse Santa Fe hereunder, shall be in accordance with and subject to the terms
and provisions of the Federal Aid Highway Program Manual and any revisions thereof
or amendments thereto.
6. That the construction of said structure shall not be commenced
until City shall have given notice in writing to the Assistant General Manager-
Engineering of Santa Fe, which notice shall state the time that operations for
construction of said structure shall begin.
7. That the construction of said structure shall be performed and
effected in such a manner as not to interfere with the safe and timely operation
of locomotives, trains and cars of Santa Fe over its tracks.
8.
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8. That, after completion o,f structure Rsherein described, City
'will. in accordance with a separate agreement to be entered into between the
cities of San Bernardino and Colton, 1s set forth in Article III, section 3;
I
maintain said structure, lighting, hi~hway drainage, highway approaches, and
appurtenances, at no expense to Santa Fe, provided, however, that nothing
herein contained shall relieve Santa Fe of any liability it would. otherwise
have with respect to damage ""used to 'said structure by negligent acts or
omi...sions of Santa Fe or its employees.
9. That after completion of structure as herein described, Santa Fe
will, at its sole cost and expense, maintain its roadbed, track, railroad
drainage, and all other railroad facilities: provided, however, that nothing
herein contained shall relieve City of any liability which would otherwise be
leqallyimposed upon it with respect to damage caused to said railroad facilities
by negligent acts or omissions of City, City of Colton, or their agents or
GJuployess.
10. That if Santa Fe shall deem it necessary or desirable in the
future, in the performance of its duty as a common c~rrier, to raise or lower
the qrade or change the alignment of its track or to lay additional track or
tracks or to build other facilities in connection with the operation of its
railroad, Santa Fe shall, at its exoense, have full right to make such changes
or additions, provided such changes or additions GO not alter or change the
grade separation structure herein proposed to be constructed and provided
further that should it become necessai-y or desirable in the future to change,
alter, widen or reconstruct said structure.to accommodate railroad projects,
that cost of such work including any cost incidental to alteration of railroad
or highway facilities made necessary FY the alteration of said structure, shall
I
be divided between Sante. Fe and City or assigns of City in such shares as may
I
I
be determined by them, suhject to jur!isdiction of the Public Utilities Com-
mission of the state of California.
19.
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11. That if city shall deem it necessary oruesirable in the future
due to traffic conditions, to alter or reconstruct the, st~ucture herein contem-
plated, it shall have full right to do so, provided that such alteration or re-
construction shall not encroach further upon or occupy the surface of Santa
Fe's property within the area ,granted for said structure herein described to a
greater extent than is contemplated by the plans and specifications to be approved
"
by Santa Fe as provided in Section 1 of Article II hereof without the prior
written consent of Santa Fe, and provided further that if any alteration or
reconstruction necessitates acquisition of addictional,cland beyond the area granted
for the structure herein described, such acquisition, alteration and reconstruc-
tion shall be pursuant to an agreement to be entered into between the parties
he:t:eto, subject to the Public utilities Conunssionof the, State of California.
12. Notwithstanding provisions in paragraph 11 above, and inasmuch
as it is recognized that immediately upon completiorr, the proposed 2-lane struc-
ture herein contemplated will carry maximum volume of daily vehicular traffic,
it is agreed that City will assume all costs in connection with future widening
and waives any right to apportionment of costs of: grade separation that might
otherwise be prescribed under Public utilities con\mission Code 1202.5
12. In the event that construction has not begun .for, a period of
three years from date of signing agreement, this agreement shall become null
and void.
13. That the books and papers and records and accounts of parties
hereto insofar as they relate to items of expense for labor and material or
are in any way connected with the work herein contemplated, shall at all times
be open to inspection and audit by Agents and the authorized representatives
of the parties hereto for a period of not less than three years from the date
;inal payment has been made.
14. In comoliance with the regulations of the Department of Trans-
portation (Title 15, Code of Federal Regulations, Part 8), issued in imple-
10.
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, I.
mentation of Title VI of the Civil Rights Act of 1964, 78 STAT. 525,42 U.S.C.
2000d to 200Od-4, Santa Fe her~by agrees to comply fully with all of the pro-
visions of APPENDIX A. attached hereto, and by.this reference made a part
of this agreement, provided, however, that APPENDIX A shall be applicable only
in those cases where Santa Fe does not perform the relocation work with its
t
ow;]. fox.ces.
13. Santa Fe hereby agrees t.c comply fully with the provisions of
the FAIR EHPLOYMENT PRACTICES 1\DDENDtJ!.l, v;hich is attached hereto and hy this
reference made a part hereof.
14. All the covenants and nrovisions of this agreement shall be
binding upon and inure to the benefit of the successors and assigns of the
respective parties hereto.
IN WITNESS _ffiEREOF, L~e pa~ties hereto haVe duly executed t~is
agreement the day and year first above written.
1'.TTEST:
.
'yvt . Ll) . -R f /J. j )
!lss1stant ~-
TaP:3K.>"\, AU~ S~~7A: FE
APPROVED:
Asst. Gen'l. Manager-Engineering
APPROVED:
General Attorney-California
.
City Attorney
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CIT~)~_C~ .
~~I~
Its Mayor
Its
ATTEST: ATTEST:
..;J.II~ a. ~
ro~
~~
,.
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mentatton of Title VI of the civil Rights Act of 1964, 78 STAT. 525,42 U.S.C.
.2000d to 2000d-4, Santa Fe hereby agrees to comply fully with all of the pro-
visions of APPENDIX A, attached hereto, and by this reference made a part
of this agreement, proviced, however, that APPENDIX A shall be applicable only
in those cases where Santa Fe coes not perform the relocation work with its
own forces.
13. Santa Fe hereby agrees to co!:\oly fully ~1i th the provisions of
tIle FAIl>. E1.JPLOnIENT PRl'.CTICES ADDENDUM, '.th:'..ch i.s attached hereto and by this
reference made a part hereof.
14. "All the covenants and provisions of this agreement shall be..
binding t<pcn and inu~'e to t."e 'ben"!fit of t.>'e su=essors and assigns, of t.>,"!'
respective parties her~to.
IN ~lITNESS WHEREJF, t.>,,, parties, hereto ha.ve duly executed this
.t.<
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agreeme~t the day and year first above written.
l\?TEST:
_jM.. L(J.,
'lissIstant
P.~4
Secret 'i
TCPEKII. 1>.NDSANTA FE
lanager-Engineering
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fORM APPROVED
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G.I.A.. F"IL.E No.435-SAN SOND.
(MILL sr.. b-P..'S...YA....O)
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EXHIBIT "Au
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
C.tTY OF SA~D
A~
C'TV OF
LOS ANGELES, CALIF.
APR\L 9,1'\75
SCALE: 1 IN.
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CONC~ETE ST~UeTU~~
l"IL.W....V COMPANY'S
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BV TWIS CON'TltAeT
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AT COLTON
S411.l . 6E.RN...IitD'''iO COU~"fY, C"&.IFOC
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c.r.C.l..DRAWING NO. 603-32584-
,
TIlE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY - COAST LINES
EXHIBIT "B"
Estimated cost of Engineering, Inspection, and Flagging, and cost of Labor
and Material required to place 762 ft. of guard rail, remove 400 ft. of
track and relocate one #8 turnout, place signal and communication lines
in temporary underground cable and restore to open wire after construction
of Mill Street Overhead at San Bernardino ("B" Yard) by the City of San
Bernardino.
.
Office of Asst. Gen'l. Manager-Engineering
Los Angeles, California
December 26, 1975
File: 435-San Bernardino
(Mill Street Overhead)
"
1. EnRineering, Inspection & Flagging
Salaries
Expenses
Vacation, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefits &
Group Life Insurance
Workman's Compo & Liab. Ins.
Excise Tax
Estimated Cost of Engineering, Inspection & Flagging
2. Signal Circuits (Temporary)
Material
Handling at Storehouse
Transportation to site of job
Use ;raxes
Estimated Cost of Material
10,536
529
529
632
Labor
Salaries
Vacation, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life..lnsurance
Workman's Compo & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Material & Labor (Temp.)
5,000
478
1,046
250
550
71
3. Signal Circuits (Permanent)
Material
Handling at Storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
Labor
Salaries
Vacation, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefita
& Group Life Insurance
Workman's Compo & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Material & Labor (Perm.)
963
48
48
58
2,500
239
523
125
.275
.36
2,500
500
239
523
125
275
36
4,198
.
12,226
7.395
19,621
1,117
.
3,698
4,815
"
4. Crossing Gates and Flashers (Permanent)
Material
Handling at storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
Labor
Salaries
Vacation, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Compo & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Labor & Material (Perm.)
11,054
553
553
663
12,823
2,500
239
523
125
27:'
36
3,698
5. Communication Circuits (Temporary)
Material
Handling at storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
Labor
Salaries
Expenses
Vac~tion, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Canp. & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Material & Labor (Temp.)
2,239
560
12
134
2,945
1,489
95
142
312
74
164
22
2.2.98
6. Communication Circuits (Permanent)
Material
Handling at storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
Labor
Salaries
Expenses
Vacation, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Compo & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Material & Labor
3,588
897
82
215
4,782
5,898
400
563
1,234
295
649
89
9.128
16,521
5,243
13,910
", >
7. Track Work (Permanent>
Material 405
Handling at storehouse 16
Transportation to site of job 28
Use Taxes ..li
Estimated Cost of Material 473
Labor
Salaries 1,110
Vacation, Paid Holiday 106
Retirement & Unemployment Tax 232
Health & Welfare Benefits
& Group Life Insurance 56
Worlanan's Cemp. & Liab. Ins. 122
Excise Tax 19
Estimated Cost of Labor 1,645
Estimated Cost of Material & Labor (Perm.) 2,118
8. Inside Guard Rails (Permanent)
Material 700
Handling at Storehouse 28
Transportation to site of job 49
Use Taxes 42
'. Estimated Cost of Material 819
Labor
Salaries 1,020
Vacation, Paid Holiday 97
Retirement & Unemployment Tax 213
Health & Welfare Benefits
&, Group Life Insurance 51
Worlanan 's Compo & Liab. Ins. 112
Excise Tax 17
Estimated Cost of Labor 1,510
Estimated Cost of Material & Labor 2;329
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SUMMARY
1. Engineering, Inspection & Flagging
2. Signal Circuits (Temporary) Labor & Material
3. Signal Circuits (Permanent> " ..
4. Crossing Gates & Flashers (Permanent) " II
5. Communication~ircuits (Temporary) II ..
6. Communication Circuits (Permanent> .. "
7. TracK Work (Permanent> .11 ..
8. Inside Guard Rails (Permanent) II,. II
Add for Continganc1es
Estimated Cost of Labor and Material
Auditing and Billing
Equipment Rental
Repairs and Depreciation
Transportation of Equipment
Credits for Material Recovered:
To be determined upon job canpletion
Estimated cost of work to be performed by
Santa Fe forces and cost paid for by the
City of San Bernardino.
Office of Asst. Gen. Mgr.-Engr.
Los Angeles, California
December 26, 1975
File: 435 - San Bernardino
(Mill Street Overhead)
$ 4,198
19,621
4,815
16,521
5,243
13,910
2,118
2,329
6,875
75,630
750
1,584
100
24
$ 78,088
~
'.
EXHIBIT "c"
4-..._~
.--.1
SECTION
RELATIONS WITH RAILWAY COMPANY.
-1.01 General.--The Contractor, as a prerequisite for award, shall
be satisfactory as to his responsibility and ability to perform the work
over and across the property and over or under the tracks of The Atchison,
Topeka and Santa Fe Railway Compan}'. .
,;It is expected that The Atchis.on, Topeka and Santa Fe Railway Company
will cooperate with the Contractor to the end that the work may be
handled in an efficient manner, but the Contractor shall have no claim
for damages or extra compensation in tile event his work is held up by
the work of the railway forces.
-1.02 Agreement.--Before doing any work on Railway right of way, or
property, the Contractor will be required to execute ;md deli"er. 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 effect the insurance called for .und!,r "insuranc!''' of
th!'se sp!'cial provisions.
-1.03 Railway Requirements.--Th!' Contractor shall cooperate with
The Atchison, Topeka and Santa F!' Railway Company where.work is over
or under tile tracks, or within the limits of Railway property in order
to expedite th!' work and to avoid interference .with the operation of
Railway equipment.
'rhe Contractor shall comply ,<ith the rules and regulations of Railway
or the instructions of its representatives in relation to the proper
manner of protecting 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 tenants or licensees, at and in the vicinity of the work
during the period of construction.
The Contractor shall perforn his work in such manner and at such
times as shall not endanger or interfere with the safe operation of the
tracks and property of Railway and ~~e 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 not pile or store any materials, park or use his
equipment closer to the cent.er or the nearest Railway track, or overhead
lines, than permitted by the folloNing clearances:
10'-0" Horizontally fro," center line of track.
22'-6" vertically above top of rail
27'-0" vertically above top of rail for electric wires carrying less
than 750 volts. .
28'-0" vertically above top of rail for electric wires carrying
750 volts to 15,000 volts.
30'-0" vertically above top of rail for electric '.-'{ires carrying
15,000 volts to 20,000 volts.
34'-0" vertically above top of rail for electric ~Nires carrying
more than 20,000 volts.
- 1 -
.',
',.
':
Any infringement on the above clearances due to the Contractor's
operations shall be submitted to the Railway'and to the Engineer and shall
not be undertaken until approved by the RaihlaY, and until the Engineer
has obtained any necessary authorization from'the Public utilities
qammission fo'r the infringement. Ho extra compensation will be allowed
in the event the Contractor's work is delayed pending Railway approval
and PUC authorization.
In the case of impaired vertical clearance above top of rail, Railway,
shall have the option of installing cell-tales or other protective
devices Railway deems necessary for protection of Railway trainmen or
rail traffic.
The details of construction affecting the Railway tracks and property
not included in the contract plans shall be submitted to the Railway for
approval before such work is unaertaken.
If the Contractor desires to move his equipment or'materials across
Railway's tracks he shall obtain permission from Railway and should it
be required the Contractor shall obtain a private crossing agreement.
The crossing installation for the use of the Contractor, if required,
shall be at the expense of the Contractor.
In advance of any blasting, the Contractor shall notify Railway in
order tllat proper flagging protection ~ay be provided.
The Contractor shall, upon completion of the work covered by this
contract, to be performed by the Contractor upon the premises or over
or beneath the tracks of Railway, promptly remove from the premises of
Railway all of Contractor's tools, implements and other materials,
whether brought upon said premises by said contractor 'or any subcontractor,
employee or agent of Contractor or of any subcontractor, and cause said
prelaises to be left in a clean emd presentable condition.
-1.04 Protection of Railroad F3cilities.--(1) Railroad Representatives,
conductors, fla~nen or watchmen will be provided by Railroad to protect
its facilities, property and movements of its trains or engines. In
general, Railroad will furnish such personnel or other protective services:
(al When any part of any equipment is standing or being operated
within 10 feet, measured horizontally, from center line of
any track on which trains may.operate, or when any erection
or construction activities are in progress within such
limits, regardless of elevation above or below track.
(h) For any excavation below elevation of track subgrade if,
in the opinion of Railroad's representative, track or other
railroad Btcilities may be subject to settlement or movement.
(c) During any clearing, grubbing, grading, or blasting in
proximity to railroad facilities which, in the opinion of
Railroad's representative, nay endanger railroad facilities
or operations.
(d) During any of Contractor's operat1ons when, in the opinion
of Railroad's representativa, rail~oad facilitieB; including,
but not limited to, tracks, buildings, signals, "ire lines
or pipe lines; may be endangered.
- 2 -
(2) Information as to the railroad employees which may be required
to provide protection to railroAJ :acilities is as follows:
Maximum Classification (b) Base,Pay
Number (a) for 8 hours (c)
3 pilot Conductors 47.08
1 Yard Engine Forsman 52.53
2 Yard Engine Helpers, 49.27
1 Section Foreman 51.34
2 Section Laborers 38.98
1 B&B Foreman 52.29
2 B&B Carpenters 46.90
Headquarters (d)
San Bernardino
..
..
..
..
..
..
In general, a flagginq crew cons~sts or: 'tnree men, 41.5 .LlIU.L\,.Q,\,.'C...... ......
the above grouping, although under' so~e conditions less than three men may be
sufficient. Rates of pay,payment for overtime, number of hours to be paid
for,'and travel, meal and lodging allowances will be in accordance with labor
union agreements in effect at the time the work is performed.
To all direct labor costs, there shall be added additional charges
for Vacation l\llowance, Hcliday Pay, Ecalth and Welfare, Railroad' Retirement "-nd
Unemployment Taxes, Public Liability, pronerty Damage, and Workman's Compensa-
tion Insurance, and Accounting and Billing. For esti~ting purposes only,
these additives collectively may be considered as approximately 40% of direct
labor costs.
The determination of the cost of flagging and protective devices
to be used as a basis for the submitting of bids shall be the' responsibility of
the prospective bidders.
The above rates are for the use and guidance of prospective bidders
only, and rates in effect at the time of construction will be used.
3.
. :Cx':J.. C, Sh~~~~t it
"
,
(3) Railroad will submit its final bills for flagging and related
services to City. after completion of the project. City will pay all
flagging charges.
-1.05 Work by Railway Company. - Railroad will do necessary
track work, including necessary guard rails, and will rearrange its
telephone, telegraph and signal lines and appurtenances, and will per-
form any other work in connection therewith.
~
.
The work by Railway will be done with its own forces rolU is not a
part of the work under this contract.
-4-
EXHIIIIT "C-1"
AGREEMENT BE'lWEEN THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY
AND THE CONTRACTOR
IN CONNECTION WITH THE CONSTRUCTION OF A GRADE SEPARATION
STRUCTURE ACROSS THE TRACKS OF
THE ATCHISON, TOPEKA A.'lD SANTA FE RAILWAY COMPANY
The Atchison, Topeka and
Santa Fe Railway Company
121 East Sixth street
Los Angeles, California 90014
Attention: Mr. H. D. Fish, General Manager
Gentlemen:
Reference is made to the agreement dated , 19 ,
between you and the Cities of San Bernardino and Corona, under which th~ity
of San Bernardino is constructing.a grade separation structure across the
right of way, property, tracks and appurtenances of your railroad at Mill
Street in San Bernardino.
The undersigned has entered into a contract dated
19 , with the City of San Bernardino for the performance of certain work in
connection with the construction of said grade separation structure in the per-
formance of which work the undersigned will necessarily be required to conduct
operations within your right of wav and prooertv. The agreement between you
and the City orovides that no work shall be commenced within your right of way
or property until the contractor employed in connection.with said work for the
City 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 here...itll certifying that the signatory is em-
powered to execute this agreement for the firm.
Accordingly, as one of the inducements to and as part of the consider-
ation for your granting permissi.on 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
date of signing the contract with the City, has agreed and does hereby agree
with you as follows:
1. 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 oaragraoh above, and there is handed you
herewith original or certified copy of the policy or policies of insurance
meeting sUch requirements.
2. That the undersigned will observe and comply with all the provi-
sions, obligations and limitations to be observed by Contractor which are
contained in the subdivision of the specifications to the contract, referred
to in the second paragraph hereof, e.ntit1ed "Relations with Pai1way company".
Kindly acknowledge receipt of this letter and of the insurance showings
herein provided to be furnished to you, by signing and returning to the under-
signed a copy of this letter.
,
Yours truly,
(Company name)
By
Its
.
Receipt of the foregoing letter and of
the policies and certificates of insur-
ance therein provided to be furnished
is hereby acknowledged this
day of . 19
THE ATCHISON, TOPEKA AND SANTA FE RAILl'IAY COMPANY
By
Its
2,
r:XHIBIT "C_2"
SECTION
RJlILROAD PROTECTIVE INSURJlNCE
In addition to any other fO):!n of insurance or bonds required under the
terms of the contract and snecifications, 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 RJlILWAY COMPANY
hereinafter called "Railroad" before any ,,,,,,,k is performed on Railroad pro-
perty 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 satis-
factorily 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 City Engineer, 300 N. "D" Street, San Bernardino, CA 92418.
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 b1' 1 and 2 and the original
policies of the insurance required by 3 below.
A certification 011 such conies of insurance shall guarantee that the
policy unqer land 2 will not be amended, altered, modified, or canceled inso-
far as the coverage contemplated hereunder is concerned, without at least ten
(lO)days notice mailed by registered mail to the Engineer a~d 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 tv extensions of the policies of insurance.
The approximate ratio of the estimated cost of the work over or under or
within 50 feet of Railroad's tracks to the total estimated contract cost is
0.---.
1. Contractor's Public Liability and Property
Damage Liabi~ity Insurance
The Contractor shall, with reenect 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 Lia.bility and Prop~rty DaMage Lia-
bility Insurance to be furnished for and in behalf of Railroad as hereinafter
provided.
1.
"
If any part of the work within or adjacent to Railroad's property is
subcontracted, tile Contractor in addition to carrying the above insurance,
shall provide the above insurance in behalf of the subcontractors to cover
their operations.
2. Contractor's Protective Public Liability and Property
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 speci-
fied for Railroad's Protective Public Liability and Property Damage Liability
Insurance to be furnished for and in behalf of Railroad as hereinafter pro-
vided.
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 of that of any of his subcontractors who
do work within or adjacent to Railroad's property perform, have issued and
furnished separately, policy or policies of insurance in the Railroad Pro-
tective Liability Form as hereinafter specified in favor of The Atchison,
Tope~a and Santa Fe Railway Company, 121 East Sixth Street, Los Angeles,
California 90014, and endorsed to include the Los Anqeles & Salt Lake Rail-
road Company and/or Union Pacific Railroad Company, 5500 Ferguson Drive,
Los Ang!:.les, California 9~.
Railroad Protective Liability Form
(Name of Insurance company)
DECLARATIONS:
Item 1. Named Insured:
The Atchison, Topeka and Santa Fe Railway Company
121 East Sixth Street
Los Angeles, California 90014
-,
Item 2. Policy Period:
From-
12:01 a.m., Standard
as stated herein.
to
Time, at the designated job site
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.
2.
Item 3. (continued)
Coverages
Limits of Liability
--------------------------------------------------------------------------~.__.
A Bodily Injury Liability
Each Person
$500,000
Ea.Occur.
,$1,000,000
Aggregate
Not Appl.
B Property Damage Liability
&
C and Physical Damage to Property
Not
applicable,
$, 500,000 $1,000,000
._----------------------------------------------------------------------------
Item 4. Name and address of Contractor:
Item 5.
Name and address of Government Authority for whom the work by the
Contractor is being oerformed: City of San Bernardino,
300 N. "0" Street, San Bernardino, CA 92418
, -,
Item 6. Designation of the Job site, and Description of ~lork:
Construction of of Mill Street Overhead across Santa Fe
Main tracks and yard tracks in, the ci, ty of San Bernardino,
California.
Premium
Bases'
Rates per $100 of Cost
'eovcrl1go' A eO.30rl1ges B&C
Advance Premiums
Cover ago 'A Coverages B&C
-------------------.----------------------------------------------------------
Contract
Cost
Rental
Cost
$
$
$
$
$
$
$
$
---------------------------------_.~------------------------------------------
countersigned
19
By
Title
POLICY
(Name of Insurance Company)
A insurance company, herein called the Company, agrees
with the insured, named in the declarations made a part hereof, in considera-
tion of the payment of the premium and in reliance upon the statements in the
declaration made by the n~~ed insured and subject to all of the terms of
this policy.
3.
"
"
INSURING AGRE&~ENTS
I. Coverage A - Bodily Injury Liability
To pay on behalf of the insured all' sums which the insured
shall become legally obligated to pay as damages because of
bodily injury, sickness, or disease, including death at any.
time resulting therefrom, hereinafter called "bodily injury",
either (1) sustained by any person arising out'~facts or
omissions at the designated job site which are related to or
are in connection with the work described:~nltem 6 of the
declarations, or (2) sustained at the designated job site by
the contractor or any employee of the contractor or by any
designated employee of the insured whether or not .arising :
. out_of such acts or omis"ions.
.
Coverage B - Property Dilloage Liability
To pay on behalf of the insured all sums which the insured
shall become legally obligated to pay .as namages because of
pllysical injury to or destruction of property, including loss
of use of any property due to such injury or destruction, herein-
after called "property damage", arising out of acts or omissions
at the designated job s1te which are related to or are in con-
nection with the work described in Item 6 of the declarations.
Coverage C - Physical Damage to Property
To pay for direct and accidental loss' .afor damage to roll~
ing stock and their contents, mechanical construction equipment,
or motive power equipment, hereinafter called loss, arising out
of acts or omissions at the designated job sibewhich are re-
lated 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 declarations and includes
all subcontractors of said contractor but shall not
include the named insured.
4.
~ . .,
(c) pesignated empl,?~_e of the insllred - The words "qesignated
employee of the insured" mean:
(1) any supervisory employee of the insured at the
job site.
(2) any employee of the insured while operating,
attached to or engaged on work trains or other
railroad equipment at the job site which are
assigned exclusively to the contractor, or
(3) any employee of the insured not within (1) or
(2) who is specifically loaned or assigned to
the work of the contractor for prevention of
accidents or protection of property, the cos~
of whose services is borne specifically by the
contractor or by governmental authority.
(d) Contract - The word "contract" means any contract or
agreement to carry a person or property for a con-
sideration or any lease,. trust or interchange con-
tract 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 ground-
less, false or fraudulent; but the company may make
such investigation and settlement of any claim 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 judg-
ment 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;
(2) premiums on 3ppeal bonds required in any such suit,
premiums on bonds to release attachments 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;
5.
.'
(3) expenses incurred by the insure~ fR~'Such immediate
medical and surgical relief to others as shall be
imperative at the time ot the occurrence;
(4) all reasonable expenses, other than loss of earn-
ings, incurred by the insured at the company's
request.
IV. Policy Period, Territory
This policy applies only to occurrences and losses during
the policy period and within the United States of America, its
territories or possessions, o~ Canada.
EXCLUSIONS
This policy does not apply:
(a) to liability assumed by the insured under any contract
or agreement except a contract as.defined herein;
(b) to bodily injury or property damage caused intentional-
ly by or at the direction of the insured;
(c) to bodily injury, property damage or loss which occurs
after notification to the .""med insured of the accept-
ance of the work by the governmental authority, other
than bodily injury, property damage or loss resulting
from the existence or removal of tools,. uninstalled
equipment and abandoned or unused materials;
(d) under Coverages A (1), Band C, to bodily injury,
property damage or loss, the sole proximate cause of
which is an act or omission of any iFsured other than
acts or omissions of any designated employee of any
insured;
. (e) under Coverage A, to any obligation for. which the
insured or any carrier as his insurer may be held
liable under any workmen's compensation, unemploy-
ment compensation or disability benefits law, or
under any similar law; provided that the Federal
Employers' Liability Act, U.S. Code (1946J Title
45, Sections 51-60, as amended, shall for the pur-
poses of this insurance be deemed not to be any
similar law; ,
(f) under Coverage B, to injury to or destruction of
property (I) owned by the named insured or (II)
leased or entrusted to the named insured under a
lease or trust agr~ement.
6.
"
(g) 1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
(a) with respect to ...hich an insured under the policy is also
an insured under a nuclear ene:l:gy.'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 organization is
required to maintain financial.,protection ,pursuant to the
Atomic Energy Act of 1954, or any law...aunendatory 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, under 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'med~cal 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
at 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 o.f,.services, materials,
parts or equipment in connection with the planning, con-
struction, 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 facility.
7.
JI.ll
.
:.
"
4. As used in this eKclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;
"nuclear materiallf means source material,. special nuclear material
or byproduct mate~ial;
"source material fI, "special nuclear material ff, and 1Ibyproduct
material" have the meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof,
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility incl~ded within the definition of nuclear
facility under paragraph (a) or (b) thereof,
"nuclear facilityfl 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 spent 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 any 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 reactorll means any apparatus designed Qr used to sustain
nuclear fission in a self-supporting chain reaction or to contain
a critical mass of fissionable material,
With respect to injury.to or destruction of property, the word
"injury" or "destruction II includes all forms of radioactive
contamination of property.
(h) under Coverage C, to loss due to nuclear reaction, nuclear radiation
or radioactive cont~\ination, or to any act or condition incident to
any of the foregoing.
8.
.
...
CONDITIONS
(The conditions, except conditions :3,4.,5,7,8,.9,10,11
and 12 apply to all coverages. Conditions 3,4.5,7,
8,9,10,11 and 12 apply only to the cov.eragenoted
thereunder. )
1. Premium The premium bases and rates for the hazards
described in the declarations are stated therein.
Premium .bases and rates for hazards not so described are
those applicable in accordance with the manuals in use
by the 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 CCilst to the con-
tractor for rental of work trains or other railroad equipment,
including the remuneration of all employees Cilf the insured
while operating, attached to or engaged thereon.
The advance premium stated in the declaration is an
estimated premium only. Upon termination 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 thedeclara-
tions 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 ins'urance.
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
Coverage A stated in the declarations as appli-
cable to !leach 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 any
one 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.
9.
...
,
,
4. Limits of Liability The limit of liability under Coverages
Coverages B & C Band C stated in the declarations as
applicable to "each occurrence" is the
total limit of the company's liability for all"damages and
all loss under Coverages Band C combined arising out of
physical injury to, destruction or loss of all property.of
one or more persons or organizations, inCluding the loss of
use of any property due to such injury or destruction under
Coverage B, as the result of anyone occurrence.
Subject to the above prov1s10ns respecting "each occur-
X'ence", the limit of liability under Ccverages B and C stated
in the declaration as "aggregate" is the total limit of the
company's liability for all damages and all loss under Cover-
ages Band C combined arising out of physical injury to, de-
stX'uction or loss of property, including the loss of use of
any property due to such injury or destruction :under Cover-
age B.
Under Coverage G, .the limit of the company's liability
for loss shall not exceed. the actual cash value of the propeX'-
ty or if the loss is of a part thereof the actual cash value
of such paX't, at time of loss, nor what it would then cost
to repair oX' X'eplace the propcX'ty oX' such paX't theX'eof with
otheX' of like kind and quality. .
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S. SeveX'ality of Interests The term "the insured" is used
Coverages A and B severally' and not collectively,
but the inclusion herein of more
than one insured shall not operate to increase the limits
of the company's liability.
6. Notice In the event of an occurrence or loss, written
notice containing particulars sufficient to
identify the insured and also reasonably obtainable infor-
mation with respect 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 bX'ought against
the insured, he shall immediately forward to the company
every demand, notice, summons or other process received by
him or his representative.
7. Assistance and Cooperation of tlle Insured The insured shall
Coverages A and B cooperate with the
company and, upon
the company's request, attend hearings and trials and assist
in making settlemonts, securing and giving evidence, obtain-
ing 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 obligation or incur any expense
other than for such immediate medical and surgical relief to
others as shall be imperative at the time of accident.
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8. Action Against Company . No action shall lie against the company
Coverages A and ~ unless, as a..condition precedent thereto,
the insured shall have fully complied
with all the terms of this policy ,nor until the amount of the
insured's obligation to pay shall have been finally determined
either by judgment against the insured after,actual trial or by
written agreement of the insured, the clai<nant 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 this policy. No
person or organization shall have any right under this policy
to join the company as a party' to any ac,tion ag;l.inst the in-
sured to detennine the insured's liahility. .Bankruptcy or
insolvency of the insured 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 thereto, there shall
full compliance with all the terms of this policy
thirty days after proof of loss is filed and the
loss is determined as provided in this. policy.
have been
nor until
amount of
9.
Insured's Duties in Event of Loss
Coverage C
In the event of loss the
insured shall:
(al 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 sha.ll not be re-
coverable under this policy; reasonable expenses
incurred in affording such protection shall be
deemed incurred at the company's request;
(bl file with the company, as soon' as practicable after
loss, his sworn proof of loss in such form. and in-
cluding such information as the company may reason-
ably require and shall, upon the company's request,
exhibit the damaged property.'
10. Appraisal If the insured and company fail to agree
Coverage C as to the a~ount of loss, either may, 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 appraiser,
and the appraisers shall select a competent and disinter-
. ested umpire. The appraisers shall state. separately the
actual cash value and the amo~nt 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
and shall bear equally the other expenses of the appraisal and
umpire.
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The comp;l.ny shall not be held to have waived any of its
rights by any act relating to appraisal.
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Payment of LosS
Coverage 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 The insurance afforded by this policy
CoVerage C shall not inure directly or indirect-
ly 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 rights of recovery therefor against any person or
organization and the insured shall execute and deliver in-
struments and papers and do whatever else is necessary to
secure such rights. The insured shall do nothing after loss
to prejudice such rights.
14. Application of Insurance The insurance afforded by this
policy is primary insurance.
15. Three Year Policy A policy period of three years is com-
prised 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. Changes Notice to any agent or knowledge possessed by any
agent or by any other person shall 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 in-
sured 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 can-
cellation 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 be-
come 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.
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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 made either
at the time cancellation is effected cras soon as practica-
ble 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
and a secretary at
the declarations page
to be signed by its president
, and countersigned on
by a duly authorized agent of "the company.
(FACSIMILE OF SIGNATURE)
(FACSIMILE OF. SIGNATURE)
Secretary
President
13.