HomeMy WebLinkAboutC.C. 22 AT&SF MAINT AG 01-06-92• '�, • =`'it wJ'N' A
CONSENT CALENDAR NO. 22
1-6_92
1,
c., r - o ni
DATE: DECEMBER 24, 1991
ATO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS/ENGINEERING.DIVISION
"COST AND MAINTENANCE AGREEMENT" WITH ATCHISON, TOPEKA & SANTA
SUBJECT: FE RAILWAY FOR THE REHABILITATION OF THE EDINGER AVENUE AT -
GRADE CROSSING NO. 2-177.9-C (P.W. FILE NO. 1931)
RECOMMENDATIONS:
That the City Council, at their meeting of January 6, 1992, accept
and approve the "Cost and Maintenance Agreement" to be executed
with The Atchison, Topeka & Santa Fe Railway Company for the
subject project and to approve the expenditure for the cost of the
subject rehabilitation.
BACKGROUND:
To accommodate the existing improvements on Edinger Avenue just
east of Del Amo Avenue, Santa Fe will widen the existing full depth
timber section to 8' and remove a Pasadena type culvert on both the
north and south side of the subject street. The City's own
maintenance contractor, Hardy & Harper, Inc., will be furnishing
any necessary asphalt concrete pavement repair. Traffic control
will be provided by the City of Tustin.
The cost to the City for this project is $7,190.000. The funding
for this crossing rehabilitation has been included in the budget
for Edinger Avenue storm drain between Red Hill Avenue and Del Amo
Avenue, since it was inconjunction with the construction of that
project the crossing work was to be carried out by Santa Fe.
AQ Rob1ALe"l-W. /
rt . Leden eck�Lr
e
Director of Public Works/
City Engineer
RSL:WH:ccg:edinger
Wendy ffallman
Junior Civil Engineer
a
05002483-60
Edinger Avenue
COST AND MAINTENANCE AGREEMENT
THIS AGREEMENT made and entered into this day of
19 , by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a
Delaware Corporation, hereinafter designated "Santa Fe", and by the CITY OF
TUSTIN, a political subdivision in the State of California, hereinafter
designated "City".
WITNESSETH:
WHEREAS, City has approved a project for the reconstruction of the existing pavement
and extension of railroad full depth sectional timber surface crossing material on
Edinger Avenue roadway at the crossing of Santa Fe's San Diego Subdivision tracks
designated by California Public Utilities Commission as Crossing No. 2-177.9-C, and;
WHEREAS, City desires to have the existing at -grade railroad crossing on Edinger
Avenue reconstructed and extended at both ends through sidewalks with full depth
sectional timber material and the removal of two Pasadena type culverts, and;
WHEREAS, the parties hereto are in accord and desire to express in writing their
understandings and agreement pursuant to which project is to be constructed, used and
maintained.
NOW THEREFORE IT IS AGREED:
1. City, or City's contractor, will do all construction work of said Project, including
adequate drainage, striping and paving, except that work hereinafter specified to be
done by Santa Fe.
2. City, or City's contractor, will comply with Santa Fe's rules and regulations as
shown in Exhibit "C", Relations with Railway Company, attached hereto and made a
part hereof, and instructions of Santa Fe's representatives, in relation to proper
manner of protecting Santa Fe's tracks and traffic moving thereon, pole lines,
signals and other property of Santa Fe or its tenants or licensees at or in the
vicinity of the work during the period of construction of said Project, and shall
perform the work at such times as shall not endanger or interfere with safe and
timely operation of Santa Fe's track and other facilities.
3. Santa Fe will, at City's expense, provide all labor and material to:
(a) Rehabilitate and surface track at each end of crossing and remove two Pasadena
type culverts.
(b) Install 16 track feet of full depth sectional timber surface crossing material,
8 track feet at both ends of the crossing through sidewalk area, as shown on
print marked Exhibit "A", attached hereto and made a part hereof.
4. City will, at its expense:
(a) Arrange for partial closure of crossing to vehicular traffic during
reconstruction by Santa Fe including all necessary traffic control devices,
barricades 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.
(c) Arrange to pave crossing approaches after installation of timber crossing
material by Santa Fe, prior to reopening crossing to public use.
(d) Obtain all necessary PUC approvals and/or authorizations prior to commencing
construction.
5. Work specified to be done in above Paragraph 3 by Santa Fe shall be done as soon as
practicable, considering availability of materials and manpower. In consideration
thereof, City will pay to Santa Fe the actual total cost of work specified in above
Paragraph 3, presently estimated by Santa Fe to be SEVEN THOUSAND ONE HUNDRED
NINETY AND NO/100 DOLLARS ($7,190.00), as shown on Exhibit -11B11 attached hereto and
made a part hereof.
-2-
6. With return of this executed Cost and Maintenance Agreement, the City will pay one
hundred percent (100%) of Exhibit "B" Cost Estimate ($7,190.00). City shall pay the
actual cost upon completion of audit, less credit for the sum previously paid.
Should actual cost be less than sum previously paid, Santa Fe shall reimburse the
difference to the City.
7. Santa Fe will, at its expense, maintain the portion of the crossing lying between
lines two feet outside of and parallel to the outside rail of each track.
8. City will, at its expense, maintain any street improvement within said crossing
other than specified to be maintained by Santa Fe in above Paragraph 7.
9. Santa Fe agrees to give and hereby gives permission and license to City, their
successors and assigns, to enter that portion of Santa Fe's right of way shown
shaded on said Exhibit "A" solely for the purpose of construction and maintenance of
said project. This license and permission is subject to:
(a) All licenses, leases, easements, restrictions, reservations, conditions,
covenants, encumbrances, rights and rights of way, liens and claims of title
which may in any manner affect the said right of way.
(b) The prior and continuing right and obligation of Santa Fe, its successors and
assigns, to use in the performance of its public duty as a common carrier.
This license and permission is given without warranty of title of any kind,
expressed or implied.
10. That all work covered by this agreement shall conform to requirements of the Public
Utilities Commission of the State of California.
11. City agrees to incorporate in each prime contract for construction of structure, or
the specifications therefor, the provisions entitled "Relations with Railway
Company" set forth in Exhibits "C", 1IC-1", and "C-2", attached hereto and made a
part hereof, and accepts responsibility of compliance by its prime contractor.
-3-
12. That, except as hereinafter otherwise provided, all work to be done hereunder by
City in the construction of said Project may 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 Exhibit "C-2".
(c) That if, in the opinion of the City; it shall be for the best interest of the
City, it may direct that the construction of said project be done by day labor
under the direction and control of City, or if, at any time, in the opinion of
the City, the contractor has failed to prosecute with diligence and force.the
work specified in and by the terms of said contract, it may, in the manner
provided by law, terminate the contractor's control over said work and take
possession of all or any part thereof, and proceed to complete same by day
labor or by employing another contractor or contractors on informal contracts,
provided that all such informal contracts shall require the contractor to
comply with the obligations in favor of Santa Fe hereinabove set out in above
Paragraph 11, and provided further, that if such construction is performed by
day labor, City will, at its expense, procure and maintain on behalf of
Santa Fe insurance required by said Exhibit "C-2".
-4-
IN WITNESS WHEREOF, THE PARTIES have caused these presents to be executed and
attested by its duly qualified and authorized officials pursuant to authority regularly
granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
has executed these presents both as of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By
Its
CITY OF TUSTIN
By
Its
ATTEST: -
Ci ty
TTEST:
City Clerk
-5-
5212G
ATT :tED TO CONTRACT BET EN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANI
AND
14 +27.20 �GER A VE.
1
Te
TZ�7'� 4C
USAN b Qf�UrSior
CKAw4r-E' y ate.
FORCE, ACCOUNT ESTIMATE FOR
CITY OF TUSTIN
THE A.T.AND S.F. RY CO.
CHIEF ENGINEER SYSTEM -TOPEKA
DATE: JUNE.11, 1991
FILE: 76-008-01635-1-1
AKP Q291
tr
�an(' rt7
TUSTIN: EXTENSION OF THE 1 -TRACK CROSSING AT EDINGER AVENUE:
a
,
COST ESTIMATE FOR WORK IN CONNECTION WITH EXTENSION OF
THE CROSSING
SURFACE AT EDINGER AVENUE ( D.O.T. NO. 026 707 E ) AND
ALSO, REMOVAL OF
TWO PASADENA TYPE CULVERTS AT MILE POST 177.9 LOCATED
IN ORANGE COUNTY,
CALIFORNIA, SAN DIEGO SUBDIVISION, WESTERN REGION.
ONE TRACK: MAIN - EXISTING 56 FT/FDT,
PROPOSED 72 FT/FDT
----------------------------------------------------
DESCRIPTION
QUANTITY
UNIT SUBTOTALS
TOTAL COST
LABOR
351-7 EXTEND CROSSING MATERIAL
769
351-7 ENGINEERING/CLOSE-OUT
86
321-7 RENEW -CROSS TIES
385
331-7 UNLOAD BALLAST
153
371-7 SURFACE TRACK
231
650-7 REMOVE CULVERT
367
351-7 ENGINEERING/CLOSE-OUT
71
351-7 ENGINEERING
189
PAYROLL ASSOCIATED COSTS
1,092
SUBSISTENCE ALLOWANCE
622
INSURANCE
304
TOTAL LABOR
-----------
4,269
MATERIAL
7091104 FULL DEPTH SEC XING 16FT, 112-119 LB
1.000
EA
845
7091104 CAMCAR SCREWS 12"
80.000
EA
90
7091104 CROSS TIES, NO 1 - 9 FT
10.000
EA
199
7091104 TIE PLATES, 115-119 LB
20.000
EA
94
7091104 TRACK SPIKES, 5/8 X 6
40.000
EA
9
7091104 BALLAST, NEWBERRY
12.000
CY
100
- 7091104 FUEL AND SUPPLIES
1.000
lS
60
USE TAX
97
HANDLING
95
TRANSPORTATION
28
TOTAL MATERIAL
-----------
1,617
OTHER
EQUIPMENT RENTAL
TOTAL OTHER
-----585---
585
BILLING AND ACCOUNTING
65
CONTINGENCIES
654
TOTAL ESTIMATED COST
------------
$7,190
THE A.T.AND S.F. RY CO.
CHIEF ENGINEER SYSTEM -TOPEKA
DATE: JUNE.11, 1991
FILE: 76-008-01635-1-1
AKP Q291
tr
Ali Agencies/California
Agency Responsible
(1/91)
EXHIBIT -w-0-
RELATIONS
r
RELATIONS WITH RAILWAY COMPANY
-1.01 General. --The Contractor, as a prerequisite for award, must be deemed to be
satisfactory as to his responsibility and
as to his bTopeka andlity Santa Fe Railway
the
over
Campany rose the
property and over or under the tracks o
hereinafter called "Railway".
It is expected that Railway will cooperate with the Contractor such that the work may be
handled and performed in an efficient
manner,
but
compensationContractor
theshall
eventahisnworkais delayedvby the
er for
any type of damages or for extra or additional
work of the Railway Company.
-1.02 Agreement. --Before performing any work on Railway right of way or property, the
Contractor will be required to
execute
deliver
provide andRailway
keepaandtmaintater inennfullnforcethe fa d effect
attached hereto, obligating the Contractor to
the insurance called for under "insurance" of these special provisions.
-1.03 Railway Requirements. --The Contractor shall cooperate with Railway where work is over
or under the tracks, or within the
limits
sRof Railway property,
so as to expedite the work and to
avoid interference with the operation
The Contractor shall comply with the rules and regulations of Railway and the instructions
of the Railway's 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 area during the
period of construction.
The Contractor shall perform his work in such manner and at such times as shall not endanger
or interfere with the safe and timely operation of the tracks and property of Railway and the traffic
moving on such tracks h as well
as the
wires,the work signals and other. property of Railway, its tenants or
licensees, at or in t e Y o
The Contractor shall take protective measures as are necessary to keep railroad facilities,
f sand, debris, and other foreign objects and materials resulting from
including track ballast, free o
his operations. Any damage to railroad facilities resulting from Contractor's operations will be
repaired or replaced by Railway at its option and the cost of such repairs or replacement shall be
deducted from the Contractor's progress and final pay estimates.
The Contractor shall not pile or store any elines, nor than pernitteduse
byhis
theefollowingent closer
to the center of the nearest Railway track, or overhead
clearances:
101-0" Horizontally from centerline of track
220-6" Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
281-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
Any infringement on the above clearances or walkways due to the Contractor's operations
shall be submitted to the Railway and to the Engineer and shall not be undertaken until approved in
writing by the Railway, and until the Engineer has obtained any necessary authorization from the
Public Utilities Commission for the infringement. No extra compensation will be allowed in the event
the Contractor's work is delayed pending Railway approval, and/or Public Utilities Commission
authorization.
-1-
In the case of impaired vertical clearance above top of rail. Railway shall have the option
of installing tell -tales or other
protective devices Railway deems necessary for protection of
Railway trainmen or rail traffic.
The details of construction theeRail9aythe
foRaapprovaltracks
beforeand
suchpwork isnot
undertakeniandthe
such
contract plans shall be submitted
work shall not be undertaken until the Railway has given such approval.
Contractor shall not move his equipment or materials across Railway's tracks until he has
obtained permission from Railway and, should it be required, the Contractor shall obtain a private
crossing agreement prior to vishall bequip enthe teor material.nse of the CThe crossing installation for the use
of the Contractor, if required.
The Contractor shall, upon completion of the work covered by this contract to be performed
b the Contractor upon the premises or over or beneath the tracks of Railway, promptly remove from
the premises mi Railway all of ractorcorran tools,
Subcontmrac orr,temployeeother
or, agentmaterials,
Contractor or of any
ught
upon said premises by said Cont Y
Subcontractor, and shall cause said premises to be left in a clean and presentable condition.
-1.04 Protection of Railroad Facilities:-
(1) Upon advance notification of not less than two working days by Contractor,
Railway
representatives, inspectors, flagmen or watchmen will be provided by Railway to protect its
facilities, property and movements of its trains or engines, In general Railway will
furnish such personnel or other protective services:
(a) When any part of any equipment is standing or being operated within 10 feet, measured
horizontally, from centerline 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.
on of
(b) For any excavation tracklow or othertion railroadrack facilitiiesdmayfbein the subjectptoisettlementwor's
representative,
movement.
in
(c) For any c1{heiopiniionbofnRailway'sgrepresentative, mayoendangeroraiilroadrailroad
facilitiesfacilities
or
which, in P
operations.
(2) Railway will furnish such personnel or other protective services when, in the opinion of
Railway's representative, railroad facilities, including, but not limited to, tracks,
buildings, signals, wire lines or pipelines, may be endangered.
(3)k (a) The cost of flagging provided by Railroad during the period of constructing that
portion of the project located on or near Railroad property, as deemed necessary for
t pr tection of Railroad's facilities and trains, will be borne by the
�_�T/� for a period of consecutive calendar days beginning on
the date workc ences on or near property of Railroad. The Contractor shall pay to
the � 4 liquidated damages in the sum of $500 per day
for each day in ex�ess of the above days the Contractor works on or near
Railroad property, and which requires flagging protection of Railroad's facilities and
trains.
(b) The cost of all Railway personnel (other than that required for inspection and
flagging), equipment, and facilities deemed necessary by the Railway and provided by
the Railway for the protection of railroad facilities and trains, during the period of
construction within Railway right of way and the cost of installing protective devices
in the case of impaired clearance, shall be borne by the Contractor. The Contractor
shall be responsible for payment of all costs incurred for any damages to railroad
roadbed, track and/or property resulting from use, occupancy, or presence of
contractors, employees or agents, or subcontractors on or about the construction site.
(4) Railway will submit its final bills to Contractor for cost incurred pursuant to Paragraph
3(b).
-1.05 Work by Railway Company. --Railway will rearrange its tracks, telephone, telegraph, and
signal lines and appurtenances, and will perform any other work in connection therewith, except
grading to be done by others.
5152G
-2-
MJ B Tj"C-1'
AGREEMENT BETWEEN
THE ATCHISON, T AAND THE TFE
E RAILWAY COMPANY
IN CONNECTION WITH
The Atchison, Topeka and Santa Fe Railway Company
740 East Carnegie Drive
San Bernardino, California 92408-3571
Attention: Supervisor Maintenance
Gentlemen:
The undersigned has entered into a contract dated
19 , with the
performance of certain work in connection with
for the
in the performance of which work the undersigned will necessarily be required to conduct operations
within your right of way and property. The Contract provides that no work shall be commenced within
your right of way or property until the Contractor employed in connection with said work 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 someone
other than the Owner, General Partner, President or Vice President of undersigned firm, evidence is
furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the
f i ran .
Accordingly, as one of the inducements to and as part of the consideration for your grantin$
emission to the undersigned to enter upon your right of way or property for the performance OT so
much of the work as is necessary to be performed within your right of way or property, the undersigned,
effective on the date of said Contract, has agreed and does hereby agree with you as follows:
Section 1. The undersigned shall fully indemnify and hold harmless Santa Fe, its agents and
employees against any and all liability, claims, demands, damages, or costs of whatever kind or nature
including but not limited to liability claims, demands, damages or costs for (a) death or bodily injury
to persons, including without limitation the employees of the part(b) injury to property,
hereto. •
including without limitation, the property of the parties hereto, (c) design defects, or (d) any other
loss, damage, or expense arising under either (a), (b), or (c), and all fines or penalties imposed upon
or assessed against Santa Fe. and all expenses of investigating and defending against same (including
but not limited to costs and attorneys' fees), regardless of the negligence or alleged negligence of
Santa Fe, its agents or employees, arising in any manner out of (1) the use, occupancy or presence of
the undersigned or its subcontractors, employees, or agents in, on, or about the construction site, (2)
the performance, or failure to perform, by the undersigned, its subcontractors, employees, or agents,
its work or any obligation under this Agreement. or (3) any and all acts or omissions of the
undersigned, its subcontractors, employees, or agents in, on, or about the construction site. Nothing
contained in this provision is intended to, nor shall be deemed or construed to, indemnify Santa Fe
from its sole negligence or willful misconduct, or that of its agents, servants or independent
contractors who are directly responsible to it.
Section 2. That the undersigned will procure, and will maintain in force and effect, insurance
meeting all of the requirements outlined in the Special Provisions for and in said Contract, and there
is provided to you herewith the following documents meeting such requirements:
(a) Original Policy in Railroad Protective Liability Form, favor of The Atchison, Topeka and
Santa Fe Railway Company. 740 East Carnegie Drive, San Bernardino, California 92408-3571,
Attention: Supervisor Maintenance, and
(b) Certificate reflecting the existence of Contractor's Public Liability and Property Damage
Liability Insurance and Contractor's Protective Public Liability and Property Damage Liability
Insurance,
It is further distinctly understood and agreed by the undersigned that its liability to the Railway
Company herein under Section 1, will not in any way be limited to or affected by the amount of
insurance obtained and carried by the undersigned in connection with said Contract.
AT&SF Railway Company
Section 3. That the undersigned will observe and comply with all the provisions, obligations and
limitations to be observed by Contractor which are contained in the subdivision of the specifications
of said contract, entitled "Relations with Railway Company", and shall include, but not be limited to,
payment of all costs incurred for any damages to Railroad roadbed, tracks, and/or appurtenances
thereto, resulting from se,occupany, ornpresence of its employees, representatives, or agents or
subcontractors on or about
0.
Kindly acknowledge receipt of this letter and of the insurance herein provided to be furnished to
you, by signing and returning to the undersigned, a copy of this letter, which shall thereupon
constitute an agreement between us.
Yours truly,
Receipt of the foregoing letter and of the policies
and certificates of insurance therein provided to be
furnished is hereby acknowledged this
day of , 19
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By
It
5152G
2.
By
(Contractor)
(Title)
• All Agencies/California
(1-09-91)
EXHIBIT "C 2•
INSl1RANCE
In addition to any other form obei�euuired to carry ince or bonds iuranceunder
the kinds andfinthe
the�amounts
tract
and specifications, the Contractor willq
hereinafter specified. Such insurance shall be approved by:
The Atchison, Topeka and Santa Fe Railway Company
hereinafter called "Railroad" before any work is performed on Railroad property
an shall
der betcarried
until all work required to be performed on or adjacent to the Railroad's property til all
the contract is satisfactorily completed as
determined
lroad, hbeengrnemovedanthereafter fraa Railroad'snpropertytands.
equipment and material, not belonging to the Raihave
such property is left in a clean and presentable condition.
The insurance herein required shall
obtained
bshall besuccessful
furnishedbidder,
theand
Engineeroriginal and
certified copies of all policies as hereinafter specified
The Contractor shall furnish the Engineer with
policies required by 1, 2, and 3 below, and in addition
(l)iciesiofcthe insurancegrequiredsbyn3ebelow.e execut
no
of insurance shalt guarantee that the policy under 1 and 2
or cancelled insofar as the coverage contemplated hereunder is
days' notice mailed by registered mail to the Engineer and to
one (1) certified copy of each of the executed
shall furnish Railroad through the Engineer,
policies required by 1 and 2 and the original
A certification of such copies
will not be amended. altered, modified,
concerned. without at least thirty (30)
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 wadebetrequiredaby.and no extensionsdof;thelpoliciescofwill insurancede therefor or
for additional premiums which y
The approximate ratio of heestc�brdcost ct staff is 0---
1. the
work over or under or within 50 feet of
Railroad's tracks to the total estimated
1. Contractor's Public Liability and Property
Damage Liability Insurance
The Contractor shall; with respect to the operations he performs within or adjacent to
Railroad's property, carry regular Contractor's Public Liability and Property Damage Liability
Insuran providing rovidingme for the Sam limits as specified for Railroad's Protective Public Liaand
Pperty Damage Liability Insurance to be furnished for and on behalf of Railroad ashereinafter
provided. is
If any part of o carrying
ar ying thenor abovedjacent to insurance.Rshallaproviideptheyaboveuinsuranceeon behalf of
Contractor in addition to c ry 9
the subcontractors to cover their operations.
2. Contractor's Protective Public Liability and
Property Damage Liability Insurance
The Contractor shall, with respect to the operationsperformed for him by subcontractors who
do work within or adjacent to Railroad's property, carry in his own behalf regular Contractor's
Protective Public Liability and Property Damage Liability Insurance providing for the same limits as
specified for Railroad's Protective Public Liability and Property Damage Liability Insurance to be
furnished for and on behalf of Railroad as hereinafter provided.
3. Railroad's Protective Public Liability and
Property Damage Liability Insurance
The Contractor shall, with respect to the operations he performs within or adjacent to
Railroad's property or that of •any of his subcontractors who do work within or adjacent to Railroad's
property. have issued and furnished separately, policy or policies of insurance in the Railroad
Protective Liability Fora as hereinaf ter specified in favor of The Atchison, Topeka and Santa Fe
Railway Company, Attention: Supervisor of Maintenance, 740 East Carnegie Drive, San Bernardino,
California 92408-3571.
1.
MI omen pgOTECTIVE LIABILITY FORM
(Name of Insurance Company)
DECLARATIONS
Item 1. Named Insured:
The Atchison. Topeka and Santa Fe Railway Company
740 East Carnegie Drive
San Bernardino. California 92408-3571
I teen 2. policy Period: to
From
12:01 a.m., Standard Time, at the designated job site stated herein.
Item 3. The insurance afforded is only with ieusmPcharct te orsuch
charges� fTheolim�tcofethees as are
Conpany's
indicated in Item 6 by specific premium 9
liability against such coverage
or coverages
shall be as stated herein. subject to all the
terns of this policy having reference e
Coverages Limits of Liability
A Bodily Injury Liability $2 million Combined Single Limit per
occurrence, with an aggregate limit of
$6 million for the term of the policy.
B Property Damage Liability
i
C and Physical Damage to
Property
item 4. Name and Address of Contractor:
Item S. Name and Address of Governmental Authority for whom the work by the Contractor is being
performed:
Item 6. Designation of.the Job Site and Description of Work:
Premium Rates per $100 of Cost Advance Premiums
Bases Covgrage A Coverages B&C Coverage A Coverages
Contract
Rental s s s S
Countersigned
POLICY
19 By
2.
(Name of Insurance Company)
A insurance company, herein called the Company, agrees with the
insured named in the thelstatiementsade a in the Declaratiart onsnmade byt
henamed insuof the reddaand subjectnt of the to of
and in reliance upon
the terms of this policy:
INSURING AGREEMENTS
1. 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 of acts or omissions at the designated job site which are related to or are in connection with
the work describedinIteio6of ee ofhtheecontractor,orrby2anyudesignated the
employee�oftth� insured by
the contractor o Y employee
whether or not arising out of such acts or omissions.
Coverage B Property Damage Liability
To pay on behalf of the insured all sums which the insured shill become legally obligated to
PY
a as damages because of physical injury to or destruction of property, including loss of use of
alled
any property due
tosuch
tinjuryhe or dedtjobtsite whicharerelated t Porpareyinaconnection swith the
of acts or omissions at
work described in Item 6 of the Declarations.
Coverage C - Physical Damage to Property
To pay for direct and accidental loss of or damage to rolling stock and their contents,
mechanical construction equipment, or motive power equipment, hereinafter called loss, arising out
of acts or omissions at the designated job site which are related to or are in connection with the
work described rieAttem6 of ted totthe0nca;nonredpundered such a leaseporptrustiagreeaenty the named insured
or is leased
Definitions
(a) Insured
r,actroincludes
the
eminsured
tdsincludes
sn
executive officedireoor, stockhderthereofwhlactingwiihinthe scopeofhiduties
as such.
ed
n Item 4 of the
(b) -nlarations and includesnallctor" means the sv contractors ocontractor
saidtcontracto tbutishalll not include the
Dec
named insured.
(c) Designated employee of the insured - The words "designated employee of the insured" mean:
(1) any supervisory employee of the insured at the 4obsite, or
(2) any employee of the insured while operating, attached to or engaged on work trains or
other railroad machinery or equipment at the jobsite which are assigned exclusively to
the contractor.
(d) CAnLr#r& -The word "contract" means any contract or agreement to carry a person or property
for a consideration or any lease. trust, or interchange contract or agreement respecting
motive power, rolling stock or mechanical construction equipment.
Defense Settlement, Suofllementary 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 or could conceivably be payable under the terms of this policy, even if any
of the allegations of the suit are groundless, false or fraudulent; but the Company may make
such investigation and settlement of any claim or suit as it deems expedient;
3.
i
_ (b) pay, in addition to the applicable limits of liability:
(1) Such
s all expenses incurred by the he entireya�nountcoftanyajudgmentnst the thereiniwhichdin accrues after
suit and all interest on t _ p
entry of the judgment and whichethe does not exceed thed or limittof�thxdCompany�siliability rt
that part of the judganen
thereon;
(2) premiums on appean bondstrngotiiexcessyofuthesapplicableulimit ofniiabilityeofethis
attachments fora amours
policy. but without obligation to apply for or furnish any such bonds;
(3) expenses incurred by the insured for such immediate medical and surgical relief to others
as shall be imperative at the time of the occurrence;
(4) all reasonable expenses, other than loss of earnings, incurred by the insured at the
Company's request.
TV. Pol i v Per; ed - Terri torr
This policy applies only to occurrences and losses during the policy period and within the
United States of America, its territories or possessions, or 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 intentionally by or at the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after notification to the injury, insured
of the acceptance
orolosseresultirk ngthe fronothe existencental torrrty. emovalher than of tools, uninstalleryd,
property damage o
equipment and abandoned or unused materials.
(d) under Coverages A(1), 8 and C, to bodily injury, property damage or loss, the sole proximate
cause of which is an act or omission of any insured other than acts or omissions of any
designated emalovee of any insured;
(e) under Coverage A, to any km obligation compensation, ensaor tion, unemployment compich the insured or ensationcarrier
orsdi,sabilityinsurer
benefits
be
held liable under any workmen's p
law, or under any Sictionsl51-60, asded that amended,the shalldforlt eppurposesLiability
insurance.be�e
(1946). Title 45. Sec .
deemed not to be any similar law,
(f) under Coverage B. to injury to. ora destructiond insured of underoperty(1) a lease owned b thagreemnamed insured or
(II) leased or entrusted to
(g) 1. Under any Liability Coverage, to injury, sickness, disease, death or destruction:
(a) with respect to which an insured under the policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability 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 aor organizaus tionies of is requiredatommaintainrial and financi�alespect to
protection
which (1) any person9
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 St^itoatica,or iaaonnthereof,
rhreentered
into by the UedStesofAmerc,rayagencytheeof, witanypersonor
organization.
2. Under any medical Payments Coverage, or under any Supplementary -Payments provision
relating to immediate medical or surgical relief, to expenses incurred with respect to
bodily injury, sickness, disease or death resulting from the hazardous properties of
nuclear material and arising out of the operation of a nuclear facility by any person or
organization.
4.
to
3, Under any liabilh�Yhazardous,properties.ofinuclear material. if or destruction
resulting from t
(a) the nuclear material (1) is at any nuclear facility owned bye or operated by or on
behalf of, an insured or (2) has been discharged or dispersed therefrom;
(b) the lnuclear ed,usematerial pessed, stored, transportedent eoror waste at disposed of by ormonpbehalfeof an
handled, used, P
insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by
an insured of services, materials, parts or equipment in connection with the
planning, construction, maintenance, operation or use of any nuclear facility, but
if such f aci 1 i ty 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.
4. As used in this exclusion:
"Hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct material;
"source material", meanings given athem tinithe �E
Atonicand bnergycmaterial*
Actof1954,he
orinhany law
amendatory thereof.
"spent fuel" means
o�exposedt
element
radiationfuel
incoi�nuclear reactoronent, solid ;
liquid. which has been
used
"waste" means any waste material:
(1) containing byproduct material and
(2) resulting from the operation by any person or organization of any nuclear
facility included within the definition of nuclear facility under Paragraph (a)
or (b) thereof;
"nuclear facility" means:
(a) any nuclear reactor
(b) any equipment or devic�2�eP��edor singuordfor utiliiingsspenttfuilthori(3)ohandling,
es of
uranium or plutonium,
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 reactor" means
elptiadesigned
or used
to annuclear fission in a
fssuporngchainreactionorcontainacritical mass of
fissionable material;
"injury" or "destruction" word includestallnformstoo
foradioactive contamination,ofhe
property.
(h) under Coverage o� to loss
due
oroconditionrincident tocanyrofathetforegoingion or �ioactive
any Y act
CONDITIONS
(The conditions, 5,except,8.conditions. ,13and,12,apply,onlylto theand 12, coveragespnoted thereunder.)to all s -
Conditions 3, 4, 5,
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.
al of
ork
ns or
The term "rental uipmeti�cludingthe tal thecost to remuneratiionoofrallor for employeestof thewiinsurediwhile
other railroad eq pmn,
operating, attached to or engaged thereon.
5.
.. ...i -: :. - - �: - . .;s:•,,"%ra . r2'"�ac r % Ly ?yF f .+ ,,'4. .' M i ,h
�.
V.
The
The advance premium stated in the Declarations 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 the Declarations for any such excess; if less, the Company
shall return to the said contractor the unearned portion paid.
In no event shall payment of premium be an obligation of the named insured.
2. suect on The named insured shall make available to the Company records of information
relating to the subject matter of this insurance.
The Company shall be permitted to inspect all operations in connection with the work described
in Item 6 of the Declarations.
3. Limits of Liability The limits of bodily injury liabilit stated in the Declarations as
Coverage A applicable to "each person" is the limit of the Company's liability for
all damages, including damages for care and loss of services, arising out
of bodily injury sustained by one person as the result of any one occurrence; the limit of
such liability stated in the Declarations as applicable to each occurrence is, sub to
the above provisions respecting each person, the total limit of the Company's liabil ty for
all such damage arising out of bodily injury sustained by two or more persons as the result of
any one occurrence.
4. Limits of Liability The limits of liability under Coverages 8 and C stated in the declarations
Coverages 8 & as applicable to "each occurrence" is the total limit of the Company's
liability for all damages and all loss under Coverages 6 and 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 8, as the result of any one occurrence.
Subject to the above provisions respecting "each occurrence'. the limit of liability
under Coverages 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 Coverages 8 and C combined arising out
of physical injury to, destruction or loss of property, including the loss of use of any
property due to such injury or destruction under Coverage S.
Under Coverage C. the limit of the Company's liability for loss shall not exceed the
actual cash value of the property or if the loss is of a part thereof the actual cash value of
such part. at time of loss, nor what it would then cost to repair or replace the property or
such part thereof with other of like kind and quality.
S. Severality of Interests The term "the insured" is used severally and not collectively, but the
Coverages A&B inclusion herein of more than one insured shall not operate to
increase the limits of the Company's liability.
Notice In the event of an occurrence or loss, written notice containing particulars
sufficient to identify the insured and also reasonably obtainable information with
respect to the time, place and circumstances thereof, and the names and addresses of the
injured and of available witnesses, shall begiven by or for the insured to the Company or any
of its authorized agents as soon as practicable. If claim is made or suit is brought against
the insured, he shall immediately forward to the Company every demand. notice, summons or
other process received by him or his representative.
7. Assistance and Cooeeration of the Insured The insured shall cooperate with the Company
Coverages A&B and, upon the Company's request, attend hearings and trials and assist in
making settlements, securing and giving evidence. obtaining the
attendance of witnesses and in the conduct of suits. The insured shall not, except at his.own
cost, voluntarily make any payment, assume any obligation or incur any expense other than fbr
such immediate medical and surgical relief to others as shall be imperative at the time of
accident.
8. Action Against Comoanv No Action shall lie against the Company unless, as a condition
Coverages A&B 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 claimant and the Company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to the
extent of the insurance afforded by this policy. No person or organization shall have any
right under this policy to join the Company as a party to any action against the insured to
determine the insured's liability. Bankruptcy or insolvency of the insured or of the
insured's estate shall not relieve the Company of any of its obligations hereunder.
6.
Coverage No action shall lie against the Company, unless, as a condition precedent thereto,
there shall have been full compliance with all the terms of this policy nor until
thirty days after proof of loss is filed and the amount of loss is determined as provided in
this policy.
g, Insured': Duties in Event of Loss In.the event of loss the insured shall:
Coverage
(a)protect the property, whether or not the loss is covered by this policy, and any further
Ms due to the insured's failure to protect shall not be recoverable under this policy;
reasonable expenses incurred at the Company's request;
(b) file with the Company, as soon as practicable after loss. his sworn proof of loss in such
form and including such information as the Company may reasonably require and shall, upon
the Company's request, exhibit the damaged property.
10, ADDraisil If the insured and the Company fail to agree as to the amount of loss, either may,.
Coverage C within 60 days after the proof of loss is filed. demand an appraisal of
the loss. In such event the insured and the Company shall each select a
competent appraiser, and the appraisers shall select a competent and disinterested umpire.
The appraisers shall state separately the actual cash value and the amount of loss and failing
to agree shall submit their differences to the umpire. An award in writing of any two shall
determine the amount of loss. The insured and the Company shall each pay his chosen appraiser
and shall bear equally the other expenses of the appraisal and umpire.
The Company shall not be held to have waived any of its rights by any act relating to
appraisal.
11. Payment of Loss The Company may pay for the loss in money but there shall be no
Cover_a_ge C abandonment of the damaged property to the Company.
- 12. Ng Benefit to Bailee The insurance afforded by this policy shall not inure directly or
Coverage C indirectly to the benefit of any carrier or bailee, other than the
named insured, liable for loss to the property.
13. Subrosation 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 instruments and papers and do
whatever else is necessary to secure such rights. The insured shall do nothing after loss to
prejudice such rights.
14. 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 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. Chances 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 stop 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 written endorsement issued to form a part of this policy.
17. Assignment Assignment of interest under this policy shall not bind the Company until its
consent is endorsed hereon.
18. Cancellation This policy may be cancelled by the named insured by mailing to the
Company written notice stating when thereafter the cancellation shall be
effective. This policy may be cancelled by the Company by mailing to the named insured,
contractor and governmental authority at the respective addresses shown in this policy written
notice stating when not less than thirty days thereafter such cancellation shall be
effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancellation stated in the notice shall become the end of the
policy period. Delivery of such written notice either by the named insured or by the Company
shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance with the
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
or as soon as practicable after cancellation becomes effective, but payment or tender of
unearned premium is not a condition of cancellation.
7.
19. Declarations By acceptance of this policy the named insured agrees that such statement
in the Declarations as are made by him are his agreements and
representations, that this policy is issued in reliance upon the truth of such representations
and that this policy embodies all agreements existing between himself and the Company or any
of its agents relating to this insurance.
IN WITNESS WHEREOF. the Indemnity Company has caused
this policy to be signed by its president and a secretary at and
countersigned on the Declarations page by a duly authorized agent of the Company.
(FACSIMILE OF SIGNATURE)
Secretary
5152G
8.
(FACSIMILE OF SIGNATURE)
President