HomeMy WebLinkAbout46-Public Works
o
o 0
_ RBaUBST' FORI7COUNC~&oN
o
CITY OF SAN BERNARDINO
ROGER G. HARDGRAVE, Director . Authorization to Execute Supplementa'
From: REC'-D.-ADtftWJ'tif:F.Agreement with Santa Fe Railroad
Public Works/Engineering Company -- Widen and Improve Grade
Dept: 1986 AUG -7 PM 3: 4g:rossing No. 2-83.9
July 21, 1986
Date:
Synopsis of Previous Council action:
12/15/80 Resol uti on No. 80-510 adopted authori zing execution of an
Agreement with the Santa Fe Railway Company, relative to
the widening and improvement of Grade Crossing No. 2-83.9
on Pepper Avenue.
Authorization granted to advise Caltrans that the City
will finance local agency share for widening and improving
Grade Crossing No. 2-83.9.
06/09/86
Recommended motion:
Adopt Resolution.
Ray Schweitzer, Acting City Administrator
Ralph Prince, City Attorney
Warren Knudson, Director - Finance
{]A. /?:F;~
Signatu e ,"
~
c."""""""
Contact person:
Roger G. Hardgrave
Phone:
5025
Supporting data attached: ~eement & Reso 1 ut ion
Ward:
3
(Source
Act10n
, Council Notes:
to be identified per Council
of 6/9/86)
C..IJ,., ,. I.. . c'v, ._ L~ ^y i h,./ .
Finance:
Street
~)~
Construction Fund
/'/1....._"
.(_'7 I'
FUNDING REQUIREMENTS:
Amount: $17,641. 00
Sou rce:
A~.."'\v ("-.....~."" O:+J..........
--~-~------------ . ---~._~.._...._~----- ---_.-. ~----- ------ . ---- ---. --._----------- ._--
1
7,>.n.,/;?
AQenda Item No,
~
CITOOF SAN BERNARDI~ - REQUeor FOR COUNCIL AC"C))N
STAFF REPORT
The City entered into an Agreement, dated 1-6-81, with Santa Fe Railway
Company relative to widening and upgrading the crossing protection.
However, this project was not accomplished due to a lack of obligational
authority for Section 203 Federal-aid Funds.
An attempt was made in 1985 to revive this project. We were advised
that the project was no longer eligible for financing under Section 203,
since automatic gates were in operation at the crossing. A new rule had
been issued in an attempt to restrict the use of Section 203 Funds to
crossings with a vehicle-train accident potential. Any crossing with
automatic gates was considered protected, and widening was to
accommodate development, which was not the intent of the Section 203
program.
An appeal was made on this ruling. After an extended review period, it
was decided that the project was eligible for Section 203 Funds.
The Agreement dated 1/6/81 provides, in general, that Santa Fe will
prepare, at their expense, the railroad tracks to receive planking
within the limits of the existing roadway. Also, that Santa Fe will at
City's expense, place timber planks within the widened portion of the
roadway. The estimated cost for work at City's expense was $16,080.
The Supplemental Agreement amends the estimated cost for work at City's
expense to $17,641.00, provides a right-of-entry, and incorporates
insurance requirements for the City's contractor.
Service Contract No. 59R506 has been prepared by Caltrans to cover
installation of two No. 9A automatic gates with flashing lights and two
No.8 flashing light signals mounted in curbed medians. The estimated
cost for installation of these protection devices by Railway Forces is
$135,000.00. Section 203 Funds will finance 90% with the remaining
$13,500.00 to be financed with City Funds. This Agreement has been
executed by Santa Fe and returned to Caltrans for further handling.
At the Council Meeting of 6/9/86 (Budget), the project concept was
approved and direction given that an attempt be made to identify the
funding. A copy of the Agreement, dated 1/6/81, is attached for
reference.
In view of the favorable return on funds to be expended by the City, and
the urgent need for this crossing to be widened, we recommend that the
Supplemental Agreement be approved.
2
7".0264
C
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
RESOLUTION NO,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIIING THE
EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE ATCHISON,
TOPEKA & SANTA FE RAILWAY COMPANY RELATIVE TO THE WIDENING AND
IMPROVEMENT OF GRADE CROSSING NO. 2-83,9 ON PEPPER AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS.
SECTION 1, The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City a Supplemental Agreement with the Atchison, To~eka & Santa
Fe Railway Company relating to the widening and installation
of additional protection devices at Grade Crossing No. 2-83.9
on Pepper Avenue, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length, but such award will be effettive
only upon the contract being fully signed.
SECTION 2. The contract authorized by this resolution
shall not take effect until fully signed and executed by both
parties. Neither party shall be obligated hereunder unless
and until the contract is fully executed and no oral agreement
thereto shall be implied or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1986, by the
following vote, to-wit:
AYES:
Council Members
NAYS:
ABSENT:
I .
0
1
2
3
4
5
6
7
8
9
10
JJ
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
City Clerk
The foregoing resolution is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
City Attorney
-2-
o
o
o
,c',.n"'iQ
+ i ...~ ~ .':;,.:.0
05000399.,58
2-83,9
SUPPL~AL IlGllE~, made as of this __,_ day of ______, 1986,
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY ~~ANY, a Delaware
corporation, hereinafter referred to as "Santa Fe", and CITY OF
SAN BERNARDINO, a political subdivision of the State of California,
hereinafter, referred to as "City",
R E C I TilL S:
Santa Fe and City are now parties to a contract dated January 6, 1981, Santa Fe's
Secretary's Contract No, 1616'11, being hereafter referred to as "Original Contract",
under which City proposes to widen and improve the at gr'ade crossing of Santa Fe's
tracks known as Pepper Avenue in the City of San Bernardino, County of San Bernardino,
State of California,
The parties desire to extend and modify the Original Contract as hereinafter provided,
II G R E E " E N T:
It is mutually agreed that:
1, Cost figure set forth in Article 5 of the Original Contract is hereby deleted and
replac~d by the following:
"SEVENTEEN THOUSAND SIX HUNDRED FORTY~E AND NO/1oo DOLLARS ($17,641.00), as
shown on Exhibit "B" attached hereto and made a part hereof,"
2. Article 7 of the Original Contract is deleted and replaced by the following:
"City will, at its expense:
(a) Arrange for partial closing of crossing to vehicular traffic during
rl!construction by Santa Fe including all necessary traffic control devices,
bar-ricades 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
pr'ior to reopening crossing to public use,"
3, The fo] lowing Articles are hereby added to Original Contract:
12, S..nta Fe agrees to give and hereby gives per'mission and license to City, its
successors and as signs, to enter that portion of Santa Fe's right of way shown
-1-
o
o
o
o
shaded on said Exhibit "A" solely for the purpose of construction and
mdintenance of said project as shown outlined bold on Exhbibit "A" dated
October 25, 1985 attached hereto and made a part hereof, This license and
permission is subject to:
(a) All licenses, leases, easements, restrictions, reservations, conditions,
covenants, encumbrances, rights and rights of way, 1 iens andc laims 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
wi th Rai lway 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,
(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-1", and (ii) delivered to and secured the approval by
Santa Fe of the insurance required by said Exhibt "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 fai led 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 day labor or by employing another contractor
or contractors on informal contracts. provided that all such informal
contrdcts shdll require the contractor to comply with the obligations in
favor of S..r.ta Fe hereinabove setout in above Paragraph 14, and provided
-2-
.
o
o
o
o
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".
4, Exhibits "B", "C", "C-l" and "C-2" are attached hereto and made a part hereof.
5, All other terms and conditions in said Original Contract not specifically abrogated
by this supplement, shall remain the same.
IN WITNESS WHEREOF, THE CITY OF SAN BERNARDINO, has caused these presents to be
executed and attested by its duly qualified and authorized officials pursuant to
authority regularly granted them by its City Council and THE ATCHISON. TOPEKA AND
SANTA FE RAILWAY ~ANY has executed these presents both as of the day and year first
above written,
THE ATCHISON. TOPEKA AND SANTA FE RAILWAY cor.PIlNY
By
Its
ATTEST:
CITY OF SAN BERNARDINO
By
City Clerk
Its
69615XR
-3-
-
3805f'
SECY'S NO,
XHIBIT "Po
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF' SAN 8ERNARDlNO
CHICAGO. ILLINOIS
SCALE: 1 IN. TO 100 FT.
LO."i ANr.FLE:5 DIV.
!iEr.nND DIST.
DA TE : OCTOEJER 25, 1985
ft.. .J:i.. ~dd. - - - - -
CHIEF ENGINEER
DESCRIPTION APPROVED
I
~
'"
'"
a:
Q.
<(
~
~
~
~~
CI-
Q)
I)- -11-
~
,
~~
~I~
:s
~ ~
'" RIW UNe
-- --
70 SAN BERNARDINO ~
"- '" ... '"
" MAIN TRACK
-- --
'"
~
i~ STA.145 -4,2
MP. 83-<I6B9.8
~~
--
.~ -- To Los A_us
RIW LIN&~-
DESCRIPTION ..
A Sin: CONTAlNI_ B,al? sq rr. SHOWN SNADE~ INaUOlIV(;
.< . "'9A CA/VTILEVER SlaNlli.S WITH STlJiJ (;ATE5 AND :< -"'8
rLASI"ER LltiNT SH;NALS.
NCAR RIAJ.TO,
s.w BERN.rf:RDINO COUNTY. C4unwN~
C.E. DRAWING NO.1 -0473/
DIV. DWG. NO.
DIV, FILE NO. M -:~<1rJ12
G.M. FILE NO. D"<I'VY1n9-<;7 C,E. FILE NO.F.4-rYJI'I.rJCJ'<4D
TGIJ
~
',~
o
o
o
THE ATCHISOII, TOPEKA AllD SAllTA FE RAILWAY COMPANY
FORCE ACCOUNT ESTIMATE FOR
CITY OF SAM BERMARDIHO
In connection with the proposed widening of Pepper Avenue Crossing (#2-83.9) at San
Bernardino, California, Second District, Los Angeles Division.
- - - - - - - - - - - - - - - - - - -
QUAllTITY
LABOR:
Engineering
Track Department labor
Payroll associated costs
SUbsistence allowance
Insurance
Total Labor
MATERIAL:
Ballast, Shipley
Cross ties, .0. 1 - 9 ft.
Full depth sec. xing.
48 ft., 112-119 lb.
Use tax
Handling
Transportation
Total Material
55
32
2.467
OTHER:
Equipment rental
Total Other
Billing and accounting
Contingencies
Total Estimated Cost
The A.T. & S.F. Ky. Co.
Chief Engineer System - Chicago
October 28, 1985 - 76-008-00540
AKP/3598el
- - - - ------
UNIT SUBTOTALS TOTAL COST
655
4,620
2,775
1,430
712
10,192
CY 381
EA 665
MBH 2,583
229
181
290
4,329
1,372
1,372
159
1,589
'17.641
EXHIBIT "8"
.
o
o
o
o
1-..\111111'1' "c"
Kl':l.ATlllNS Wf1'1l ItAlLWAY COMI'ANY
-l.Ol Ct.~l\cnd.--The Contra..:tor, ;J!,I a prereq\li!iitt~ for .warJ, shall be satist:a..:tory a5 to hi::j
"'!;I'OMlil'ot 1ity and ability to perform the work over .tnd acrolls lh~ property and \lvcror under the
fl" l.-!I'i (,' Th., Atchi5on, Topeka and S.:mta Fe Railway t.:ompony.
It it! ~,x.pt"ctl'd that Thl'! Atchison, Topek.a and Santa Fe Railway CUI:lpany will cooperate with the
\".,( r;l~.tll" to ttlt' ..nd th.'tt the work (l1.IY be hanrll~d in un effiCient manner, but the (,;ontractor uhall
lUll' ~l" c L.Jll:'l i"r damage. or extra campen.alion in th~ e....ent his work is held up by the work of the
Ilolllw..l'j C.llap.lIlY f.Hces.
-1.02 A~re('ment.--Before doing any work on kailwilY right of w.3y, or Vrl)perty, the Contractor ~111
l,.. p'quirl!tl to execute and deliver to The Atchison, 'fopetto1 and Santa Fe Railway Coopany a letter
;If.rt:ellll'nt, in the form attached hereto, oblieating the Contractor to provide and keep in full force and
t.:lll'ct thl.! insurance called for under Ilin.urance" of these special provisiona.
-1.0J Railway Requirement..--The Contractor shall cooperate with T~e AtChison, Topeka and Santa fe
ieli lway -";,'mpany where work i. over or under th(' tracks, or within the limita of Railway property in
"Idl'r to ,'xp~dite the work and to avoid interff::rence with the operation of Kailway equipment.
Tho c.;..ntractor shall comply with the rules and regulationa of Railway or the instructions of its
n~pres~nt'ltives in relation to the proper manner cf t-~otecting the tracka and property of Railway and
the tuffic moving on auch tracka. 8a well a. the wires, aigoa1l and other property of Railway, it.
l6l'l,ante or licenaeea. at and in tbe vicinity of the work durinl the period of con.truc:tion.
'l'ht!' C,.nl ractor .hall perform hia work in auch m.1.nner and at auch timea a, ahall not endanger ot'
interfere with the aafe and tilnely operation of the ,track., and property of Railway and the traffic
moving on such tracka. .. well a. wirea, signals and other property of Railway. its tenants or
llCensees, at or in the vicinity of the work.
Th~ Contractor ,hall take protective measures neceuary to keep Railroad. facilitiea, includina
lr.~k ballast, free of .and or debris reaultina from hi, operations. Any damea_ to Railroad facilities
resulting lrum contractor'a operations will be repaired or replaced by Railroad and the cost of auch
r~p.ira or replacement shall be ded.ucted fro. tbe contractor'a proareaa and final pay estimates.
The Cuutractor shall not pile or store any materials, park or uae his equipment cloaer to the
center of the neareat Railway track, or overhead lines, than permitted by the fo110wiol clearance,:
10'-0" Horizontally from centerline of track
:':2'-6" Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carry in" less than 750 vults
2H'-U" V~rt ically above top of rail for electric wirea carrying 750 volts to 15,000 volta
iO'-U" Vertically above top of rail for electric wires carry ing 15,000 volts to 20,000 volts
:\1,'-0" Vertically above top of nil for electric wires carrying more than 20,000 votts
Any inlringemcnt on the above clearancea or walkways due to the Contractor'. operationa ahall be
.Iubmitted 10 the Railway and to the Engineer and shall not be undertaken until approved by the aail!"'ay,
,I1uJ ulltil the Engineer has obtained any necessary authorization from the Public Utilitiea Co_i.aion
l.lr the io(i-ingement. No extra compensation will be allowed in the event the Contractor'. work is
.h.lIlYI~d pending Railway approval. and Public Utilities COllDl'lission authorization.
10 the case of impaired vertical clearance above top of rail, Railway shall have the option of
in~tallinll tell-talea or oth.er protective devices Rai.lway deema neceaaary for protection of railway
tr~inmen or rail traffic.
Tit... detailil of con.truction affecling the Railway tracka and properly not inCluded in thl!' contract
pLllIN 8h,],t I be submltt~d to the Railway (or approv.1.1 before such work is undertaken.
If [h~ Contractor de.ires to move his equiplnent or materiala across Railway's tracka he .hall
"hLIIIl p~nlli8Hion (rom Railway and, should it be required, the Contractor shall obtain a private
,.,."..sio!" rlj"ref'''lent. Th~ crossi.ng inat3Uation lor the use of the Contractor, if required. ahalt be at
tll" "lCpt~,is.. of the Contractor.
.\l..' C'mt~a.ctor ahall, upon cOlnplt'!tion of the work cuvered by this COlltrolct to b.. perfonllNt by the
'."nfr,ICl,H upun the premiae.. or uver or beneath the tracks of Railway, promptly rellluv~ frulIl the
1.
.
o
o
o
o
~~',':"li"'(''' ~f R,,'dlw:.vall. nf C..ntraC'tor'R tlloll. imple...nts end other ..teri._ls. vheth~r brouaht upon
1.11 I fHI"mHlrll hy 'iaut Contractor or any ~ubcnntl'actor. rmplnye or _aent of Contractor or of any
<.,.h'''I1(r/l.-I:",., an.1 rall!l... IIni,1 IlrlJmilP!lo to be 1elt ,'n. cle.n . I t bl d"
. 111 pr~len D . con 1tlon.
-1.0,: l'rv':.cction of r..1ilro.:ld F.:&..:ilitic::.:-
(1) GrOll oJdV.J.MCC noti f lC<ltion of not lc~s th..ln ~4 haura by c.;Jntrc1ctor. Rai lroad rcprcscnt.Jtivl's. CCI~-
duct.ors, fla~cn or watchmen will be provided by r~ilro.ld co protect it facilities. propurtj' oJnd
movo:~cnts of its tr.:lin!> or C09100C.. In qcncro1l. R<lilroad will furnish such personnel or other
protcctiv~ services:
~a.) \:h' ~I .J.ny Fart. OL any (!quiI.:n~nt is standing or bcil.q operated ...,it.~in 10 feet, measured hori-
:;....r.t...J.llr, from centerline o( any track on which tr4in~ may operate, or when any crecticn or
c: ':.:..;.truct:.on activities arc in progress within such limits, rec;ardless of elevation above or
b", low tr.J.ck.
(bl For any excavation below elevation of track subc;radc if, in the oplnlon of Railroad's repre-
sc~tativc, 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
~~c opinion of Railro.J.d's representative, may endanger Railroad facilities or operations.
(2) Railroad ...,ill furnish such personnel or other protective services when, in the opinion of Rail-
road's representative, Railroad facilities, including, but not l~ited to, tracks, buildings,
signals. wire lines or pipe lines, may be endangered. .
(3) Information as to the Railroad employees which may be required to provi~e protection to Railroad
fac~lities is as follows:
ta) Inspector
$250.00 per day plus expenses
(b) Flac;nan
$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 tho period of
construction within Railway right-ot-way and the cost of installing protective devices in the case
of imr-~ircd clearance shall be borne by the City/County. The Contractor shall be responsible for
pa~ent of all costs incurred for any d~ages to Railroad roa~d, track and/or appurtenances thereto.
resulting frorn 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-
pletion ~f the project. City/county will pay all flagging charges.
2
o
o
F::Xlllfll'r "('-I"
aqrc,'rnent bet~I;!CO
TOi"EKA AND tiANTA F1~ RAILWAY COl-1PANY
AND TilE CONTRAC'rOR
IN CONNECTION WITH
o
1'UE ATCIIISOt~.
The Atch~son.. Topeka and Santa Fe Railway Company
Otic Santa I-'f~ Plaza. 5200 E. SheUa Street
Los Angelc~. CA 90040
Attention: General Manager
GentlC!rr.en:
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 undersiqned will nec...arily be required to conduct operations
wit~.in your right of way and property. The Cor-tract provi.des that no work shall be coaMnced within
your right of way or property untll the contractor employed 1n cOM.ction with ..id work for
shall have executed and delivered to you . letter agreement in the fora hereof and .hall have provided
insurance of the c:overaqeand limite .pecified in said contract. It this letter agree.nt. is executed
by other than the OWner, General Partner, President or Vice Pre.ident of the \lnder.iqnecS tirm, evidence
is furnished to you herewith certifying that the signat.ory is empow.red to execute thil agreement for
the firm.
Accordingly, as one of the ind.ucement. to and. a. part: of the conaideration for your granting per-
mission to the undersigned to enter upon your riqht of way or property for the performance of so much of
the work as is nece...ry to be done within your right of way or property, the under.igned, effectiw on
the date of the contract. with the , has aqreed and doe. hereby agree with you as followa:
1. The undersiqned .hall indelmity and lave harmle.. the Santa Fe, ita agent. and e~loye.. against
all U.Dility, claime, demands, damage., or coat. for (a) death or bodily injury to per~., including
without limitation the employee. of the part i.. hereto, (b) injury to property, including without limi-
tation. the property of the parti.. hereto, (c) design detectl, or (d) any other 101., damage, or expense
arising under either (a), (b), or (c), and all fi~. or penalties impaled upon or a......d against Santa
Fe, and aU expense. of inve.tiqating and defending again.t. ._, arising in any maMer out of (1) u.e,
occupancy or presence of the underdqned, Iub-contractorl, employ..., or agent. in, on, or about the
construction site, (2) the performance, or failure to pertoZ'1ll, by the Wlder.lqned, lts .ubcontractora,
employees, or agent., its work or any obligation under this ACJreement, or (3) the .ole or contributing
acts or omis.ion. of the under.igned, it. subcontractors, employe.., or a98nt. in, on, or about the
construction site. Nothing contained in this provi.ion is intended to, nor .hall be deemed or construed.
to, indemnify Santa Fe froa its sole neqligence or willful milconduct, or that of it. agent., ..rvant.
or independent contractors who are directly r.sponlible to it.
2. That the undersiqned will procure, and maintain in torce, insurance meeting all of the requirements
ootlined in the special provisions for and in contract referred to in the .econd paragraph above. and
there is handed you herewith:
(1) Original policy in Railroad Protectivo Liability Porm, favor of "'e Atchison, Topeka and Santa
Fe Railway COlllpany, one Santa Fe Plaza, 5200 Ka.t Sheila Street, Lo. Angele., CA 90040, and
(2) Certificate reflecting the existence of Contractorls Public Liability and Prape.rty Oamaqe
Liability Insurance and Contractor'. Protective Public Liability and Property Damage Liability
Insurance,
meetinq such requirements. It is further distinctly underltood and agreed by the under.igne4 that its
liability to the Railway Company herein under Paragraph 1, wll1 not in any way be limited to the amount
ot insurance obtained and carried by the under.igned in connection with said contract.
3. That the undersigned will ob.erve 404 comply with all the provisions, obligation. and limita-
tions to be observed by Contractor Which are contained in the sub-divi.ion ot the specifications of the
contract ~efcrred to in the second parAgraph hereof, entitled "Relations with Railway Co.pany", and
shall include. but not be limited to, payment of all costs incurred for any damagos to Railroad roadbed,
tracks, and/or property, resultinq from use, occupancy, presenca of its employee. or aqents on or about
the construction 6ito.
1.
o AT~Sl-' ReU....ay Co.
o
o
Date;
o
Kindly Acknovledqe reoelpc of thi. letter and of the insurance policies herein provided to be
{urni~;h(~rl to you by elqnlnq and returnlnq to the undcrBlqnod a C:OPY ot this lettor, which shall there-
upon ,:ol\!.tituto <in ..qro....nt bet_en us.
Yours truly.
By
Recel.pl; of ~he f_1av letter _ of ~ polic1e.
an4 certificat.. of lnwnnce _"111 pzovi.de4 to be
furnished is heraby _1.c1qe4 th1e
dAy of , 19 ,
'1'IIE A'fCIlISOR, 'l'OPEJCIl, AIID _A n IIA1UlAY coMPiiiY
By
Ita
2.
o
o
o
o
EXHIBIT "C-2"
RAILROAD PROTECTIVE INSURANCE
In ~Jdition to any other fann of insurance or bonds required under the tenms of the contract and
specifjcdtions. the Contractor will be required to carry insurance of the kinds and in the amounts
hereinafter specified. Such insurance shall be approved by:
THE ATCfIISON, TOPEKA AND SANTA FE RAlll~AY COMPANY
hereinafter called "Railroad" before any work is performed on Railroad property and shall be carried
until .11 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 I, 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.
A 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 1s 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 insurtnce
described hereinafter shalt be considered as included in the prices paid for the various items of work
to be performed under the contract, and no additional allowance will be made therefor or for additional
premiums which may be required by extensions of the pOlicies of insurance.
The approximate ratio of the estimated cost of the work over or under or within 50 feet of Rail-
road's tracks to the total estimated contract cost is 0,---,
1. Contractor's Public Liability and Property
Damage Liability Insurance
Tho 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. Contr~(:tnr's Protective Public liability and
P"operty 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 Li.bility and Property Damage LiabIlity Insurance providing for the same limits as specified for
Ra it ro.... -, ProtectIve Public Liabil ity and Property Dalllllge Liabi li ty I nsurance to be furnished fnr and
in behalf of Railroad as hereinafter provided.
3, Railroad's Protective Public Liability and
Property Damage Liability Insurance
Th(1 Contractor shall, wi th respect to the operations he performs wi thin 01" adjacent to Rail road's
property or that of any of his subcontractors who do work within or adjacent to Railroad1s property.
have ;r.',\ltl.1 and furnished separately. pOlicy or policies of insurance in the Railroad Protective Lia-
bllity furm as hereinafter specified in fa'yor of The Atchison, Topeka and Santa Fe Railway Company. One
Santa fc 1'1':0, 5200 East Sheila Street, Los Angeles, CA 90040.
1.
o
R/OJlllUdQ "'J.UI.~('llVe Ll40111ty lonn
o 0
o
(N.J"", Of Insurance Company~
DECLARATIONS:
I t "Ill I. N.lntr.fl lnco.urc~:
The Atchison. Topeka and Santa Fe Railway Company
One Slnta Fe Plaza, 5200 East Sheila Street
Los Angeles. CA 90040
Item 2. Po liey Period:
F rom to
12:01a.m., Standard Time. at the designated Job sHe as -stated herein.
Item 3, The insurance afforded is only with respect to such of the following
coverages as are indicated 1n 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 0."90 Liability
& '
C and Physical o...ge to Property
52 million Combined Single Limit per occurrence.
with an aggregate limit of 56 million for the
term of the policy.
--------------------------------------------------------------------------------------------------------
1 tem 4. Name and Address of Contractor:
Item 5. Na.. and address of Gov_t Authority for wholll the work by the Contractor is being performed:
Item 6. Designation of the Job Site and Description of Work:
Premium
Ba ses
Rates per 5100 of Cost
Coverage A Coverages B&C
Advance Premiums
Coverage A Coverages B&C
Contract
Cost
---------------------------------------------------------------------_._~_._-----------------------------
5
5
s
5
Renta 1
eos,t______ 1--_
___ .-....l-_______.2._________t.___
---------------------------------------------------------------------------------------------------------
Countersigned
19_
8y
rOll CY
--~--TNameorrnsUrance Company) -- -- -,---
A insurance company, herein called the Company. aqrees with the insured
named in the declarations ~de a part hereof, in consideration of the payment of the premtt~ and in r~-
l1dnce upon the statements in the decla~ations mlde by the named insured and subject to all of the
tenns of this pol icy:
l.
o
o
o
o
INSURING ^(;RF.t:"U:~T5
I. "~'.Y~'_l:"~I"_~_-_~I:.!i"'y_ ..!2~i...~~.Y .1~i."~'.Lt~.t:r
'1'., I"'Y 011 lJt'ho'\ll of t.hll ul:,url.'d All !'>um~j which till' in:-<llLt,,1 ';110"11 l"'l'llln,' 1...'\]511')' vLllq.'\t..i I'"~
f"W M; dam,'q~s bt,!cause of bodily inJury, sickne:Js. or dH:~.3.S(!. including deat.h at any time rc~alt~ng
lh':rcfrom. hereinafter called "bodily injury". either (1) su~tainet.l by any person aritanq out of
.'1. l'. or omi..S!iiQus at t.he desi(Jnated Job site which .rc related to or are in coftnaction wi th the
.....ork de~.tcribcd J.n Item 6 of the declarations. or (2) sustained at the desiqnate4 job site by tht;)'
(,;ulitc.actor or any employee of the contractor or by ony designated employee of the insured whether
or not arising out. of such acts or omissions.
covcraq~ 0 - Prooerty Damage Liability
To pay on behalf of the insured all su=s which the insured shall become legally obligated to
pay as d~ages because of physical 'injury to or destruction of property, including loss of use of
any property dee to such injury or destruction, hereinafter c"-lled "property d4aage", arisinq out
of acts or omi..ions at the designated jOb site which are related to or are in connection with the
work de~cribed in Ite~ 6 of the dc1.rations.
Coverage C - Physical Damage to Propertv
'fa pay for direct and Accidental loss of or damaqe 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 desiqnAte4 jOb site "'llich are related to or are in connection with the
work described in Item 6 of the declarations, pzovlded such property i. owned by the nuaed insured
or is leased or entrusted to the named insured under a 1.... or trust aqreement.
II. Of! fini tions
(a) Insured - The unqualified word Hinsured- 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) Corltraetor'" The word .contractor- --.n. the contractor designated in Ioe.. 4 of the 4eclara-
t ion. and includ.. all subcontractor. of Mia contractor but shall not include the named
insured.
(c) Desiqnated employee of the ineurea - The worde "designated employee of the insured- mean:
(1) any supervisory employee of the insurea at the job.ite.
(2) any employee of the insured while operating, attached to or engaged Oft work trains or
other railroad equis--nt at the jobslu Which are a..igned exclusi.....ly to the con-
tractOC', or
(d). Contract - The word "contract" means any contract or agreement to carry a pereon or property
for a consideration or any lea.e, trust or interchange contract or agreement respecting motive
power. rOlling stock or mechanical construction equipment.
111. Oefense. Settlement, Supplementary Payments
wi th respect to such insurance as 1s afforded by this polic:y under coverages A and B, the Company
shall:
(a) defend any suit against the insured alleg1ng such bodily injury or property damage and seeking
damages which are payable under the te.nu 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
setU_nt of any claims or suit as it deelftS expedient,
(b) pay, in addition to the applicable limits of liahility:
(1) all expenses incurred by the Company, all coets taxed against the insured in any such
suit and all interest on the entire -.ount of any judqment therein which accrues after
entry of the judgment and before the COI'ftpany has paid or tendered or aeposited in court
that part of the judqment ""hich does not exceed the iimit of tho Caapany's lhbility
thereon,
e'l premiums on appeal bonds required in any such auit. premitmls on bonds to release attach-
ments for an ..mount not in excess of the applicable liftllit of liability of this policy,
but without obliqation to apply for or furnish any such bOnds;
()l expena~8 incurred by the insured for such immediate Medical and surgical relief to others
as shall be imperative at the time of the occurrence,
(4) all rt!lason.ble ~~xptlnaea. other than 10li8 of earnings. incurred by the insured at th~
Cumpany' 5 requ~!tt.
.
O'Vo
1~!~~:~'!2....o~I.!_ T('rritory_
Tlus l'l)ll~~'1 "'P1" lC'; IlnL,!
!hlltcd SLat,", uf I\mI'riCA, it!;
to gr[Crll.:U~;
l.crritoru~t> or
lU\() lo~~it~s dO", thf' I,cllcy
PO:;::iC591ons. "r C...n.~I,J.
period and wit.hin the
o
~cr.tJSl~
Tloi:. l,,'ll..:y ,iI,..'; 1I0t .'11'1 ty:
I') ,,, ll,,~'ilit'/ ."r,<;\;Jht.'ct I'V lll,~ ll,;.a~d umh'c any conlL'Cr ,'1 "".II.:\'mPTlt_ .')l...:cFt a contract ac>
l1t.rill.~<1 h.-rein,
(hI to llnrli 1'1 inj;Jf'Y or propurty dasn.sgo c4us<3d intentionally by ur at the direction of the insured;
(c) tr' I'l.",.hly i.nJl.Iry, 1.l"Opecty dall'.o1lj~ or lema which occurs after notification to the named in::urcd
IIf tlw "ccc!Jt<'lnce of the WOl:k lJy the cJovernmental ,],uthori ty. other than bodily inJury, Fra-
perty darola'.;"t.! or 1055 resultlnq from the e.ltistencQ or removal of tcols. wan8talled equiFment
and .n;.andorip.d or unu~cd matcr1.al:o;
(d) Under Coverages A(l). D and C, to bodily injury, prop~rty damage or loss. the sole proximate
cAUSP of which 1.5 an act or omission of any insured other than acts or o~s.ions of any desig-
nated employee of any insured;
(r.) und~r Coverage h. to any obligation for which th3 insured or any carrier as his insurer may be
held liable under a:IY workmen's compensation, unemployment compensation or disability benefits
law, \)r under any similar law: pro'Jided U\at th€l Federal E:lr.ployers' Liability Act. U.S. Code
(1946) Title 45. Sections 51-60. as amended. shall for the purposes of this insurance be
deemed not to b~ any s~mi15r law,
(f) under Coverage B, to injury to or destruct10n of property (I) ~d by the naaed in.ured or
(II) le4.!:ed 'or .ntrust~d to the l'\UIed insured under. le..e or 'lust aqre_nt.
(g)l. Under any Liability Coveraqe, to injury. sickness, disease. deafh or destruction:
(a) with respect to which an insured under the policy is also an insured under a nuclear
enerqy liability policy issued by Nuclear Energy Liability Insuranl;e Association. Mutual
Atomic Energy Liability Undeniriter. or Nuclear Insurance Association ot Cana4a. or would
be an insured under any such policy but for its termination upon exhaU8tion of ita limt
of liability; or
7'"-.
(b) resulting from the hazardous properties of nuclear material and wid\ re.pel;t to which (1)
Any person or orq4nization 1. required t.o maintain financia'l 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
l\Iner!ca. or any agency thereof, under any aqre...nt entered into by the United State. of
,
America, or any agency thereof. with any person or or9ani~tion.
2. onder any medical Payment. coveraqe, or under any Supplementary-Payments provision relating to
immediate medical or surgical relief. to expenses incurred with Ir.spect to bOdily injury,
sicknp.SA. disease or death resulting froa the hazardo~ propert~es of nuclear material and
arising out of the operation of a nuclear facility by any perso~ or organization.
3. lInder any Liability Coverag... to injury. sickness. disease. death or destruction resulting frOln
the hazardous properties of nuclear material, if
(a) the nuclear material (I) is at any nuclear facility owned by. or operated by or on behalf
of. an insured or (2) has been discharged or dispersed thefefroml
(b) the nuclear material i. contained in spent fuel or waste any time pos....ed. handled.
used. processed. ~tored, transportp.d or disposed of by or 9n behalf of an insured; or
(c) the injury. sickness. disease. death or destruction ariscs out of the furniShing by an
insured of scrvic-.s, materials. parts or equipment in conn~ction 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 pos....ions or Canada,
this exclusion (c) applies only to injury to or de.truction of property at .ueh nucle.r
fac1li ty.
4. As u~cd in this exclusion:
"II,'lzardous prc.opcrtics" include radioactive. todc or explosive ;properties;
I
,
"l\llclc"[' material" means !lourc~ lTIatcri.sl. special nuch!.,r material or byproduct material;
"~;ourcc material", "f>pccial nucll1ar lM.t.erial", and "byproduct tt'.atoriel" have thu mC.1.ninqs
qi'/t'n tht!m 1(\ the Atomic Enerqy A,.:t of 1~54, or in any law IUIIcmlAt.Ory
lht'!h'OC.
.,
.
o
o
o
o
""1"'111 fur-I" ~aw. ,'IIY (ul.'l l':cm~nt or fuel ('01hIX.III\',u.t. ,;("t) ill ',1' \1'luid.wllI.-h hilt!. Lf!('n U!;l"\
". ""1'",;,'<1 II' ,-,I_ll.,t.iull ill ., ,,,It'lf',,, "'.\,-1 ..r;
"l,;,'.,~; ~ .." 1IU,','lIIl!. .'11'1' "..,:;t... hI.' t l'I' \ " j :
(1) cOlltainill'l h,/pro:>d'.J...:t :'1at~rial Anu
(;') re:..;ulting fr,-m the CFeJ:ation by MY pert;on or orq3nizat.ion of ani' nuclc3r f.J.cl..Lt'j
in':luded wit.hin tl''1c defi:-.ition of nuclear facilit)' under Faragraph (a) or (bl there-
of;
"riucl~ar facility" means:
(~) any nuclear reactor
(b) allY equipment or device designed or used for (1) separa~i~,;, t;.,'le isotope:.> of uraniu:n
or pll.ltonilJ:ft, (2) prvces5ir.g or utiHzin; spend fuel. or (J) handling, prcces!;inq or
pa~kaqinq waste;
(c) a.I',' Cliuiprr.ent. or dcvica used for the processing. f4brl.catir.g or alloying of special
nuclear ~~tcrial if at any time the total amount of s~ch ~terial in the custody of
the insured at the pre~ses whero such equipment or device is located consists of or
contains more than 25 qraDs of plutonium or uranium 233 or any combin3tion ~~crcof,
or more than 250 grams of UZ'anium 235.
(d) any structure, basin, excavation, premises or place prepared cr used for the s~oraqe
or disposal ot waste,
and includes the sito on which any of the foregoing is located. all operations conducted on
~uch site and all pre~is~s used for such operations;
"nuclear reactor" means any apparatus designed or Ulied. to susta1n nuclearfission in a self..
aupport1ng chain reaction or to contain & critical mass of fissionable
moterial,
"injury" or ucle.truction", with respect to injury to or destruction of property, the word
includes all forms olr.dioacti" contamination of property.
lh) 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 condi tions I except concH tions 3, 4, 5, 7, 8, 9. 10 I 11 and 12, app'1y to all coverages. Con-
dition~ 3. 4. 5, 7, 8, 9, 10. 11 and 12 apply only to the coverage noted thereunder.)
1. Premium The Premium bases and rat.. f~r the hazard. described in the delcarations, are stated
therein. Premi\JDll base. and rates for hazards not so described are those applicable in
accordance vi th the manuals in use by company. The term "contract cost" means the total
cost of all work described in Ite_ 6 of the declarations.
The term "rental cost" means the total cost to the. contractor for rental of work trains
or other railroad equl'['ment, ineludinq the resnunerat10n of all employee. of the insured while
operating, attached to or engaged thereon.
The advance premium stated in the declaration is an estimated presnium only. upon term-
ination of this policy the earned premium .hall be computed in accordance with the company's
rules. rates, rating plans, premiums and minimum premiums applicable to this insurance. It
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 .aid contractor the unearned portion paid.
tn no event shall p~yment ol premiua be an obligation of the named insured.
2. Inspection The named insured shall make available to the company records
ol information relating: to the .ubject matter of this insurance.
The company shall be permitted to inspect all operations in connection with the work described
in Ita. 6 of the declarations.
3. Limits ol Liability The limits of bodily injury liability stated in the declarations &s
coveraqe A. appl1cable to "each person" is the limit ot the company's liability for
all damages, including daaagcs for care and loss of services. arisinq out
of bodily injury sustained by cne person as the rusult of anyone occurrence: the limit of
~.ul:h llability st.ated in the declarations as applicablo to "each oecurrC!rlcei. is. subject to
tlw above provi!'>ions re'wectinq each per~on, tho tot.!.l limit of the company's liability for
411 !luch d"m.l.'JC lIrl:;inq out of bodily injury :>ustaint.!d by two or mora persons as the result of
lI"Y one occurrencn.
1.
~!...m_\_t~~!!, .!l.i_~'y_
~~:!~'.:!.2!.(,~
TtH'> limit of liabi.lity wlder CQvC'ragf!s 8 ,1.t\d C stAted in the declarations
llS applicaLle to "....ach occurran<:a" is the total 1i_i.t of the c;ompany'~
s.
t
o
a['j:.ill'J O'Jt. uf l'hY~:H..'\l L1r\ It,. :hl.;tructlon O['Q~ of ",11 property of on1.' or morl~ per:.;oO
or or<j"'nlz.'tl.vn~. In':ludin~'1 lo~;:; nf USf'! of allY rop'~rty du\! to such injury or .-icstructlon
ullIh:r Lovera.]~ O. .\:; lh.: ['e:.>ul t of anyone ocr:urrcncc.
Subject to l..hc above I'tOvl':i~n;, r~!.ipecting "each occurrence", the li.....i.t of L1.&lHlity
111I''''[' C"vrr"4""; II .,,,d c 'It.,l.,d In tht! d.!cl.src\t.i.on a:; '''''It.rcqatC''' i~i th~ totaL limi.t of till'
c~mllh'ny'~ 11.\hlllly t'll .,11 <I.,m"'l":' .111<1 AIL lo,;!. IIIl<t.-, ('(lVt'I','hlf'S l\ .\nd (' ~umt'I'h'd ."-",11\'1 ,)1I1
.,l( physical injury tv, Ik~'tl'Ul.t I .11 or 10:,:: of pr')pcl"ly. ilWlu.11Uq tho..! 10S9 uf U:.>t: vf an'"
1'I.".1I'crt'l due tn ~uch inJury or ....!(.:.;truction unuer Coveraqc u.
Under Coverage C. lhe limit of the COr"l-'olny's liability for 109s shall not exceed t!le
actual c3sh v41u.l~ of lht! propen.y "1" if the loss is of a pal"t thereof the actual cash valuu
of such part, at lime of 1055, nor what it would then C05t to repair or replac~ the property
or ~uch part thcre~f wi.th other of lik~ kind and quality.
5. ~;!,vcr~ti':.Y of Intcr€'sts
c,)vcra'Jcs Atoe
The term "th~ i:'l5ured" is used severally and not cOllectively. but
the inclusi.nq hel:'ein of more than one l.nsured shall not operate to
increa~e the limits of the compa.ny's liability.
b. Notice In tho eV~nt ~f an occurrence or loss, written notice containing particulars suffi-
cient to identify the insured and also reasonably obtainable information with re-
spect to the ti~e, place and circumstances thereof, and the names and addresses of
t.he injured and of available .....itnesses, 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 brouqht
aljains':. the insured, t;e shall l.mmediatcly forward to the company every 4emand, notice, sur.unons
or other process re~eived by hii.l or his repr:Jsentative.
7. Assistance and Cooperati~n of the Insu~ed The insured shall cooperate with the company and,
Coverages A&B upon the company'g request, attend hearing. and triala and a.sist in
makinq settlements, securing and giving evidence, Obtaininq the attendance
of ",itnesses and in the conduct of suits. The insured shall not, except at his own cost,
voluntarily make any payment, assume any ~li9ation or incur any expen.e other than for such
immediate medical and surgical relief to others as shall be imperative at the time of accident.
.
O. ~ction Against Com~anY No action shall lie against the company unle.., as a condition pre-
Coverage. "&8 cedent thereto, the insured shall have fully complied with all the
terms of this policy, nor until the uaount of the insured's obliga-
tion to pay shall have been finally detenlined .i ther by judgtJent against the insU%ed after
clctual u1al or by written aqreell8nt of the insU%ed, the claimant an4 the company.
~ny 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 tM insurance afforded by this policy. No person or organization shall have any
right under this policy to join the company a. . party to any action against the insured to
determine the insured's liabi li ty. Bankruptcy or insolvency of the in- .ur.d or of the insured' 5
estate shall not relieve the company of any of its abliqationa hereunder.
Coveraqe C NO action shall lie aqainat the company unless. as . condition precedent there-
to, there shall have b..n full compliance with all the terma of this policy nor
nntil thirty days after proof of loss is filed and the amount of 108s is determine4 as provided
in this policy.
I). Jn5ured's Duties in Event of Loss In the event of loss the insured shall:
Coverage C
(a) prot.ect the property, whether or not the loss is covered by this policy, and any further
1085 due to the insured's failure to protect shall not be recoverable under this policy I
reasonable expenses in- cur red at the company's request;
(b) file with the company, as soon as practicable after 109s, his sworn proof of loss in su~h
fo~ and including such information as the cOmpany may reasonably require and shall, upon
the company's request, exhibit the damaqed property.
11). ^ppr~ If the insur~d and company fail to aqree as to the amount of 10s., either may,
Coveray. C within 60 days after the proof of 10.. is filed, demand. an appraisal ot the
loss. In such nv.nt the insured and the company shall each select. competent
appriaser, and the appraisers shall .elect . competent and disinterested umpire. The ap-
praisers shall ~tatc s~p.rately tho actual cash value and the amount of 103s and failing to
Aqree shall submit their differences to the umpire. An award in writing of any two shall
lletcnnino the amount of 1'='S5. The insured and the cOtnpany shall each pay his chosen appraiser
And shall bt'&r equally the other expenses of the appraisal and umpire.
The company shall not be hl~1d to have waived any of its rights by any act relating to
Allprair;al.
h,
o
o
o
o
11. !~mcnt of Loss
~('J~..!af)C C
Tho company may pay for the 1059 in money but theta shall be no abandonment
of the dar~qQd property to the c~p.ny.
12. ~o Benefit to Oailee
~OVl!raqe C
The in~urcd afforded by this policy shall not inure directly or
indirectly to ehe benefit of any carrier or bailee. other than the
named insured. liable tor loss to the property.
D. $IJUCO<j_ltion In t,he event of any payment under this policy, the company
shall be subrogated to all the insured's right of recovery therefor against any
p~rson or organization and the insured shall execute and deliver ~n9truments and papers and do
whatever else is necessary to secure such rights. The insured shall do nothing aft\!r 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 comprised of three consecutive annual
periods. Computation and adjustment. of earned prcuU.\ID\ shall be ...de at the end of each annual
period. Aggregat.e li~its of liability as stated in this policy shall apply ..parate1y to each
annual period.
16. Changes Notice to any 6gent or knowlKgf" possessed by any agent or by any other person shall
not effect a waiver or a change in IUIY part of this policy or eatop the c:GIIPany from
assertift9 any right under the teras of this policy, nor shall the uau of this
policy be waived or changed, except by endol'lIement i..ue4 to fom a part of this policy.
17. Assignatent
AaaiC)nlMlnt of interest under this policy shall not bind the CQIIpAny until its
con..nt is en40rsed hereon.
18. Cancellation This policy may be cancelled by the name4 insure4 by ...i1in9 to the caapa.ny
vritten notice stating when thereafter the cancellation shall be effective.
This policy ..y be canc:e11e4 by the company by mailin9 to the named lnsure4, contractor and
governJaenu.l authority at the re.pect.ive addre.s.s shown in this policy written notice st.atifl9
when not. le.. than thirty daye thereafter .uch cancellat.ion shall be effective. The _iling
of notice a. afor..aid shall be suffici.ent proof of notice. The effective ate an4 hour of
cancellation .tated in the not.ice .tl&ll becCDe the end of the policy period. Delivery of such
written notice either by the named in.urecl or by the ccmpany shall be equivalent to lDAiUnC).
If the nalDed ineured. cancela, earned prem.i.um shall be l;OIIputecl in accordance with the
customary short rate table and proce4ure. If the compAny cancels, earned premiUIIII shall be
cOU\Vuted pro rata. Prem.iUlll acljust:ment ...y be _c141t either at the time e&ncellat.1on is eff.ct.4
or as soon as practicable after cancellation becomes effective, but payment or tender of
unearned pr..iua is not a condition of cancellation.
19. Declarations By acceptance of this policy the named insured aqrees that such statement. in
the decLarations as are -.de by him are hill agreements and representat.ions,
that this policy is issued in reliance upon the truth of such representations and that. this
poliey embodies all agreements existing betveen himself and the company or any of its agents
reLating to this inslU'ance.
tN WITNESS WHEREOF, the
caused thi~ policy to be .igned by its president and
ar-.d countersigned on the declarations PAC). by a duly
Indemnity Company has
a secretary at
authorized agent of the company.
(FACSIMILE OP SIGNATURE)
(FACSIMILE OF SIGNATURE)
President
Secretary
7.