HomeMy WebLinkAboutAT&SF RR TRACKS MYFORD 8-30-82DATE: AUGUST 24, 1982 Inter-eom
TO: WILLIAM HUSTON, CITY MANAGER
FROM: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: MYFORD RO~I) OVERCROSSING AT A.T. & S.F. RAILROAD TRACKS
(MOULTON PARKWAY REALIGNMENT PROJECT - FILE #2305D)
RECOMMENDATION:
That the Tustin City Council, at the special meeting of August 30, 1982, approve
the Construction and Maintenance Agreement between the A.T. & S.F. Railway Company
and the City of Tustin for the Myford Road overcrossing and authorize the Mayor to
execute same in behalf of the City subject to the final review and approval of the
City Attorney.
BACKGROUND:
The C~ty is presently engaged in finalizing the plans and specifications for the
Moulton Parkway/Irvine Center Drive project which includes a segment of Myford
Road between the realigned portion of Moulton Parkway and the A.T. & S.F. railroad
tracks. This portion of Myford roadway includes an overcrossing structure
separating the proposed roadway from the existing A.T. & S.F. Railway Company
tracks. This project is the Federal Aid Urban (F.A.U.) project where Tustin is
acting as the lead agency for both the Cities of Irvine and Tustin and where
funding is as follows:
F.A.U. Funds 86%
Local Agency Funds 14%
DISCUSSION:
In order to construct the subject overcrossing across the A.T. & S.F. railroad
right-of-way and tracks, it will be necessary to execute the attached Construction
and Maintenance Agreement with the railroad company.
This agreement is a standard-type of document and is currently being reviewed by
the City Attorney's office with respect to format.
Time is of the essence in processing the paperwork through Caltrans and the
Federal Highway Works Administration (F.H.W.A.) in order to place high on the
project priority list for the final year of F.A.U. funding. As a part of the
paperwork, it is required that Tustin certify right-of-way for the project
sometime prior to October 1, 1982. This agreement is a part of the overall
right-of-way certification process.
MYFORD ROAD OVERCROSSING AT A.T. & S.F. RAILROAD TRACKS
(MOULTON PARKWAY REALIGNMENT PROJECT - FILE #2305D)
AUGUST 24, 1982
PAGE TWO
Consequently, it is requested that the City Council approve said agreement and
authorize the Mayor to execute same in behalf of the City subject to final review
and approval by the City Attorney.
BOB LEDENDECKER
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
db
Attachment
AGREEMENT, made this day of ,
1982, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, a Delaware corporation, hereinafter called "Santa Fe"
and the CITY OF TUSTIN, a political subdivision of the State
of California, hereinafter referred to as "CITY".
RECITALS:
Santa Fe owns and operates a line of railroad in and through the County of
Orange, State of California.
City proposes to construct a crossing at separated grades, to be known as
Myford Road Overpass, so as to pass over by means of reinforced concrete and steel
structure and approaches thereto, the right of way and tracks of Santa Fe in the City of
Tustin, County of Orange, State of California.
The term "structure" as used in this agr~meng~ S~all include the proposed
overpass separation structure and approaches ~re.t~o,~ar/~ and all necessary changes to
telephone, telegraph, s~gnal and electrical, l~.~nez-~and appu%tenances, all temporary and
permanent track work, grading, drawknife and ~e~roadwa~s~o railroad r~ght of way,
and any and/or all other work of eve~Y~nd a~f~ha~cter ~c~sary to accomplish the
const~cton of the Myford~O~d:.~verpa~'~a~the ~og'~tion sho~on print
of
Drawing
~:' ~---~ted ~ '~ ": 'k~ '~ ~,., , marked Exhibit "A"
attached hereto~a~d~~ a~r~_~,ereof, e~ ..~
The p~s~=e'~o~:s'~e~'~.~p express ~ wrzt~ng their understandings and
~ wh~. ~ ~s to be constructed, used and maintained.
agreement pursue ~a~ s~
ION of City hereinafter contained and the
IN CONSIDE~T~ OF the covenants
faithful perfo~ance thereof, Santa Fe agrees:
1. To give and hereby gives pe~ission and license to City, its successors
and assigns, to enter that portion of Santa Fe's right of way shown shaded on said
Exhibit "A" solely for the purpose of construction and maintenance of said structure as
sho~ outlined bold on said Exhibit "A". This license and permission is subject to:
(a) Ail licenses, leases, easements, restrictions, reservations, conditions,
covenants, encumbrances, r~ghts and rights of way, liens and claims of title
which may in any manner affect said right of way.
(b) The prior and continuing right and obligation of Santa Fe, its successors and
assigns, to use in the perfo~ance of its public duty as a co--on carrier.
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This license and permission is given without warranty of title of any kind,
express or implied.
2. To furnish all labor, material, tools and equipment and do railroad work
required due to construction of said structure, such railroad work and the estimated
cost thereof being as shown in Exhibit "B" attached hereto and made a part hereof. Any
item of work incidental to those items listed in said Exhibit "B" but not specifically
mentioned therein may be included as part of this agreement as an item of work upon
written approval of City if practicable. 'Construction of said structure will require
work by Santa Fe as follows:
(a) Make such changes in the alignment, location and elevation of its telephone,
telegraph, signal and/or wire lines and appu.~t~n~nces. .- along, over or under its
tracks, and track changes as may become.fi~cessary by reason of the construction
of said structure.
(b) Furnish such watchmen and flagmen"~s ~may be necessary for the safety of its
property and the operation pf-~ts t~a~s d~ing tf~, c~nstruction of said
(c) Furnish Engineerimg.~h~.~nspec~t~0~"~s req~l~ed for construction of said
structure.
3. To d~J'~l!I.work her~i.n proviSeg to'ben--one by Santa Fe in fulfillment of
its obl~gat~ons~e~under w~th~ts-~o~, employes, working under Railroad Labor Agreements
4. To sub~i~to ~ ~i~c b~lls covering the cost of work perfo~ed by
segregated as to labor a~dT~rials, for each item in the recapitulation on
Exhibit "B", attached hereto and made a part hereof. The rates and schedules for labor,
equipment and materials, and manner of billing shall be as set forth in the Federal Aid
Highway Program Manual, U. S. Department of Transportation, and any revisions thereof or
amendments thereto, which said manual is hereby incorporated in and made a part of this
agreement by reference.
~TICLE II
IN CONSIDE~TION of the covenants of Santa Fe herein contained and the
faithful performance thereof, City agrees:
1. To prepare plans and specifications for said structure. Five sets of said
plans, two copies of calculations, and three copies of specifications shall be submitted
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to Santa Fe for approval prior to commencement of construction. After having been
approved by both parties hereto, said plans and specifications are hereby adopted and
incorporated into this agreement by reference.
2. To make application to the Public Utilities Commission of the State of
California for an order authorizing the construction of said structure and to furnish to
said Commission plans of the proposed construction, approved by Santa Fe, together with
a copy of this agreement.
3. To acquire all rights of way necessary for the construction of said
structure.
4. To do all necessary grading, to construct said structure, including
Santa Fe maintenance access roads, as shown on said Exhibit "A" print, provide suitable
drainage, and do all work provided for in the plan~ and in-the specifications for said
structure, except such work as Santa Fe herein.~grees~to do.
5. To make any and all arrangements that may be necessary to secure the
location or relocation of wire lines, pipeline~ and"other facilities, owned by private
persons, companies, corporations, politic'al subdi~isio, ns or pub%i~ utilities other than
Santa Fe which it may be foun~,~nec.essary to/locate~ or,.relocate.. ~ any manner whatsoever
due to the construction of said.structure.
6. To furnish all labor..,.materials~.~:~ool'~'an~ equipment in doing the work it
herein agrees to do. .To do all work-called fnr om"its part in such manner as not to
interfere with the~:sa~fe oper~iou of Santa Fe~,~ line of railroad.
7. To require.its 'contractor, o~ contractors, to notify Santa Fe 48 hours in
advance of any blasting so that pro9~r flagging protection may be provided to prevent
to Santa Fe's traim'S%~O~:~:p~operty.
damage
8. To require ~t~zontractor, or contractors, to furnish to Santa Fe, for
approval, four copies of plans and two sets of calculations of any shoring or cribbing
that may be planned to be used over, under or adjacent to Santa Fe's tracks, and the use
of such shoring or cribbing will conform to the standard side clearance as per General
Order No. 26-D of the Public Utilities Commission of the State of California, governing
such clearances. In case the use of such shoring will impair clearances requested by
City in its application to the Public Utilities Commission of the State of California,
City will apply to the Public Utilities Commission for approval of such impairment
during the period of construction of said structure.
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9. To incorporate in each prime contract for construction of structure, or
the specifications therefor, the provisions, entitled "Relations with Railway Company"
set forth in Exhibits "C", "C-l", and "C-2", attached hereto and made a part hereof, and
accepts responsibility of compliance by its prime contractor.
10. That, except as hereinafter otherwise provided, all work to be done
hereunder by City in the construction of said structure 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. Only those changes or modifications during construction that affect Santa Fe
shall also be subject to approval by Santa Fe and al~h contracts shall provide:
(a) That all work performed over, under, or.~ia~da~ent to the track of Santa Fe shall
be done to the satisfication of
(b) That no work shall be commenced Q~er..or addacen~<~db~anta Fe tracks until each
of the prime contractors employed xm.~C~nfie;txon w~ ~.ld work shall have
(i) executed ' " '~ ' ': ~ in the form of said
and delivered ~o ~S~nta F~; le~er agre~ent
Exhibit "C-I", and (ii) deliv~ed~7~.o and*~cured the approval by Santa Fe of
the insurance require~v said 'E~ibi~¥-,?C-~"'~.
<c) That if, in the opi~'~'Cicy,'~%~ ~%~i~"for the best interest of City it
may direct, that 'Che<+~ns~tion Of~sai~tructure be done by day labor under
the d~rectl~aud, c~.n~z.o~,.a~i~=~ o~f, at any Czme, zn the opzn~on of Czcy,
the contr~hhas~{~dL~?r~te with diligence and force the work
spec~fzed zn mdby tB~m<v~ sazd contract, it may zn the manner provzded
by law, t~rm~mat~he tom,factor s control over ma~d work and ta~ possession
of all or any part "~e~, and proceed to complete same by day labor or by
employing amother con~ctor or contractors on infor~l contracts, provided
that all such info.al contracts shall require the contractor to comply with
the obligations in favor of Santa Fe herein set out in Section 10 of this
Article II, and provided further, that if such construction is perfo~ed by day
labor, City will, at its expense, procure and maintain in behalf of Santa Fe
insurance required by said Exhibi~ "C-2".
11. To reimburse Santa Fe for cost of work done by Santa Fe's forces compiled
in accordance with the provisions of Article I, Section 4, and settled in accordance
with the provisions of Article III, Sections 3 and 4 hereof.
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12. To notify Santa Fe in writing within 30 days of completion of structure,
the date on which City, its Contractor, and Santa Fe will meet for the purpose of making
final inspection of said structure.
13. To give and hereby gives to Santa Fe permanent rights for maintenance
access roadways at the locations shown on said Exhibit "A" and will satisfactorily
maintain the"access roadway up to Santa Fe right of way.
ARTICLE III
IN CONSIDERATION of the premises, it is mutually agreed:
1. That all work contemplated in this agreement shall be performed in a good
and workmanlike manner and to the satisfaction of the paz~s hereto, and each portzon
shall be promptly commenced by the parties hereto ~bl:~g&~.~d to do the same and
thereafter diligently prosecuted to ¢onclusio~"in~.its~o~fcal order and sequence.
2. That the structure shall be cona. tructed to ac~=~modate the tracks of
Santa Fe and to provide for a divided {th0'roughfare over the 'kaClroad =racks, as shown on
said Exhibit "A". The work sba~,% be done im acco,rdan6~ with detailed plans approved by
both parties and subject .t~ approval by the Public'Utilities C~mission of the State of
California, with minimum clearances~of no~ less ~than~those specified in General Order
No. 26-D of said~C~mmisaion. ~. ~.'-~. "~.,~, ¥ ~ ~ /
3. That '¢m,~y w~'lI,.bemr',t~,ek~zre S~st and expense ~ncurred ~n connectzon
with the constructon~f~'",said~s'~rlf~6~re~,~]~ject to the provisions set forth herein.
4. That C~tM, wxll,~ht ~unds made avazlable to ~t for the constructzon of
said structure, reimbursE~,¢~ ~e in full for alt work done by it subject however to
the following conditions= -"
(a) ~rovided, that should some unforeseen condition or combination of conditions
~ncrease the cost of the wore ~o be performed by Santa ~e in excess of the
total cost, as set forth in ~he aforementioned estimate matted Exhibit "~",
Santa ~e will not ~e obligated to incur any expenditures in excess of said
total un~ess and until so authorized by City~ it being the intent that Santa ~e
be reimbursed for any and all expenditures allowed under this agreement, but
insofar as is practicable it shall secure authority from City before exceeding
the total cost as set forth in said Exhibit "~"; and
(b) ~rovided, further, that all expense incur=ed by Santa ~e~ and billed to City,
for which City is obligated ~o reimburse Santa ~e, shall be in accordance with
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and subject to the terms and provisions of the Federal Aid Highway Program
Manual, U. S. Department of Transportation, and any revisions therefor or
amendments thereto, and in accordance with the provisions set forth in
Article I, Section 4.
5. That the work of constructing said structure shall not be commenced until
City shall have given written notice to the Assistant General Manager-Engineering of
Santa Fe, stating the date that such work is to begin~
6. That the work by Santa Fe's forces pr~y~d'e~ for in this agreement will not
be commenced at the structure site until autho~iz~£~ to proceed is made by City in
writing. Santa Fe may purchase and stockp~l~'ma~rial in.advance of construction for
work outlined in said Exhibit "B". -
7. That the construction of said structure shall be'~performed and effected in
such a manner as to interfere as little as possible with the~fe operation of
locomotives, trains and cars of Santa Fe over. its tracks.
8. That after cdmpletion of the construct~d of said structure as hereinabove
described:
(a) Santa Fe wiil, at its sole'~st anR e~pense, maintain its roadbed, track,
and ail othe!.i}a~lroad faczlztzes; provided, however, that
nothing her~in conta~ed~hat~ ~elieve City of any liability which would
otherwise be I~gally '~os~~ upon it with respect to damage caused to said
railroad facilitle{'~/~'~egligent acts or omissions of City, its agents or
employes.
(b) City will, at its sole cost and expenae, maintain the overpass, lighting,
highway drainage, highway approaches, and appurtenances, and Santa Fe access
roadways, as shown on said Exhibit "A"; provided, however, that nothing herein
contained shall relieve Santa Fe of any liability it would otherwise have with
respect to damage caused to said structure by negligent act or omission of
Santa Fe or its employes.
9. Before entering upon Santa Fe's property for maintenance purposes, City
will notify the AGM-Engineering of Santa Fe in advance, to obtain proper authorization
and, if work is contracted, will require its prime contractor, to comply with the
obligations in favor of Santa Fe as provided in said Exhibits "C", "C-i" and "C-2", and
accepts responsibility of compliance by its prime contractor.
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10. City shall indemnify and save harmless Santa Fe, its. agents and employes
against all liability, claims, demands, damages, or costs for (a) death or bodily injury
to persons, including without limitation the employes of the parties hereto, (b) injury
to property, 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, arising in any manner out of (1)
use, occupancy or presence of City, its contractors, subcontractors, employes, or agents
in, on, or about the construction and/or maintenance-%$te, (2) the performance, or
failure to perform, by the City, its contractors, subcontractors, employes, or agents,
its work or any obligation under this agreement, or (3) the sole or contributing acts or
omissions of City, its contractors, subcontractors, employes, or agents in, on, or about
the construction site. Nothing contained in th~s 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, as provid'ed in California Civil Cod~ Section 2782.
I1. That if Santa Fe shall deem it necessary or desirable in the future, in
/
the performance of its duty as a common carrier,/to raise or lower the grade or change
the alignment of~its ~racks or to lay add%~al track or tracks or to build other
facilities in connection with the operatLon of its railroad, Santa Fe shall, at its
expense, have full right to make suck~changes or additions, provided such changes or
additions do not change-or alte% the grade separation structure herein proposed to be
constructed and provided furt.~h~'r, however, that should it become necessary or desirable
in the future to change, alf~r, widen or reconstruct said structure =o accommodate
railroad projects, the cost of such work, including any cost incidental to alteration of
railroad of highway facilities made necessary by the alteration of said structure, shall
be divided between Santa Fe and City in such shares as may be determined by them,
subject to jurisdiction of the Public Utilities Commission of the State of California.
12. That if City shall deem it necessary or desirable in the future, due to
traffic conditions, to alter or reconstruct structure herein contemplated, it shall have
full right to do so, cost of which shall be divided between Santa Fe and City in such
shares as may be determined by them, subject to the jurisdication of the Public
Utilities Commission of the State of California; provided, however, that such alteration
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or reconstruction shall not encroach further upon nor occupy the surface of Santa Fe's
property herein provided to a greater extent than is contemplated by the plans and
specifications to be approved by Santa Fe as provided in Article II, Section 1 hereof,
without the prior written consent of Santa Fe, and execution of supplemental agreement.
13. In the event that construction has not begun for a period of three years
from date of signing agreement, this agreement shall become null and void.
14. That the books, papers, records and accounts of the parties hereto,
insofar as they relate to the items of expense fok labor and material or are in any way
connected with the work herein contemplated, s'6~'ii~t all rea~ouable times be open to
inspection and audit by agents and the authorized ~e~resentatmves of the parties hereto
for a period of not less than three ye~Fs~ fr~ the~daCe of final payment.
15. That the covenants and .pro~isioms of the. f~.going instrument shall be
binding upon and inure to the benefit of the ~ucb. essors and~'assigns of Santa Fe and the
assigns of City.
IN WITNESS WHEREOF the parties h~eto have ~uly executed this agreement on
the day and year first ab~"~ritten." _
ATTEST:
Assistant Secretary
'~ ~ ? APPROVED:
APPROVED: ,;.; .., ,./.,
~'" .TH~ ATCHISON, TOPEKA AND SANTA FE RAILWAY
. .--'. :.-...~ ..~.','~/COMPANY
.>~. .... By
' f Its
Assistant General Manager-Engineering
Attorney
ATTEST: CITY OF TUSTIN
By
City Clerk
Its
35691XH
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY - COAST LINES
EXHIBIT "B"
Estimated cost of labor and material required for engineering, inspection and
flagging and to place existing signal and communication aerial cable in temporary
underground cable and, after construction of overpass, restore to aerial cable
and remove temporary underground cable, all in connection with construction of
Myford Road Overhead near Tustin, by City of Tustin.
office of A.G.M. - Engineering
Los Angeles, August 6, 1982
File: 435 Tustin
Myford Road OH
ol-
Engineering, Inspection & Flagging
Salaries
Expenses
Vacation, paid holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Comp. & Liability Insurance
Excise Tax
Estimated Cost of Engineering, Inspection & Flagging
Signal (Temp.)
Material
Handling at storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
3,577
894
175
215
Labor '
Salaries 2,046
Expenses 716
Vacation, paid holiday 220
Retirement & Unemployment Tax 528
Health & Welfare Benefits
& Group Life Insurance 102
Workman's Comp. & Liab. Ins. 246
Excise Tax 20
Estimated Cost of Labor
Estimated Cost of Material & Labor (Temp.)
Signal (Perm.)
Material
Handling at storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
1,023
256
75
61
Labor
Salaries
Expenses
Vacation, paid holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Comp. & Liab. Ins.
Excise Tax
Estimated Cost of Labor
2,046
716
220
528
102
246
2O
Estimated Cost of Material & Labor (Perm.)
6,700
1,005
720
1,729
335
8O4
62
4,861
3,878
1,415
3,878
11,355
8,739
5,293
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Communication (Temp.)
Material
Handling at storehouse
Transportatiou to site of job
Use Taxes
Estimated Cost of Material
Labor
Salaries
Expenses
Vacation, paid holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Comp. & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Material and Labor (Temp.)
Communication (Perm.)
Material
Handling at storehouse
Transportation to site of job
Use Taxes
Estimated Cost of Material
Labor
Salaries
Expenses
Vacation, paid holiday
Retirement & Unemployment Tax
Health & Welfare Benefits
& Group Life Insurance
Workman's Comp. & Liab. Ins.
Excise Tax
Estimated Cost of Labor
Estimated Cost of Material and Labor (Perm.)
2,922
731
166
175
2,633
130
283
679
132
316
26
987
247
62
59
2,633
130
283
679
132
316
26
3,994
4,199
1,355
4,199
8,193
5,554
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SUMMARY
1. Engineering, Inspection & Flagging
2. Signal (Temp.)
3. Signal (Perm.)
4. Communication (TemP.)
5. Communication (Perm.)
Add for Contingencies
Estimated Cost of Labor and Material
Auditing & Billing'
Equipment Rental
Repairs & Depreciation
Transportation of Equipment
11,355
8 739
5 293
8,193
5 554
3 913
43 047
5OO
4,000
25O
1,000
Estimated Cost of Work to be Performed by Santa Fe Forces
and cost paid for by the City of Tustin
48,797
Office of A.G.M. - Engineering
Los Angeles, August 6, 1982
File: 435 Tustin, Myford Road
ESL6/40101XH
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RELATIONS WITH RAILWAY GOMPANY
It is expected that The Atchison, Topeka and Santa Fe Railway Company will cooperate with the
-1.02 Agreement.--Before doing any work on Railway righ£ of way, or property, the Contractor will
b~' required to execute and dellver co The Atchison, Topeka and Santa Fe Railway Company a letter
-I.03 Rabtway Requirements.--The Contractor shall cooperate with The Atchison, Topeka and Santa Fe
Railway Company where work is over or under the tracks, or within the limits of Railway property in
order to expedite the work and to avoid interference with the operation of Railway equipment.
/'he Contractor shall comply with the rules and regulatioos of Railway or the instructions of its
representatives ill relation to the proper manner of protecting tile tracks and property of Railway and
the traffic moving on such tracks, as well as the wires, signals and other property of Railway, its
tl~nants or licensees, at and in the vicinity of the work during the period of construction.
The Contractor shall perform hi~ work {n such manner and at such times as shall not endanger or
inturfer,~ with the safe and timely operation of tile tracks and property al Railway and the traffic
mov{n~ on such tracks, as well as wires, signals and other property of Railway, its tenants or
lic~.nsees, ~t or ill ~he vicinity of the work.
The Contractor shall take protective measures necessary to keep Railroad facilities, including
track ballast, free of sa~d or debris resultinR from his operations. Any damage to Railroad facilities
resulting from Contractor's operations will be repaired or replaced by Railroad and the cos[ of such
r.pn~rs or replacement shall be deducted from the Contractor's proKress and final pay estimates.
Th~. Contractor shall ilar pile or store any materials, park or use his equipment closer to the
ceo:er of the nearest Railway track, or overhead lines, than permitted by the following clearances:
lC)'-0" Horizontally from centerline of track
22'-6" Vertically above top of rail
Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically ~bove top of rail for electric wires carrying 750 volts to 15,000 volts
~(1'-0" Vertically above top of rall for electric wires carrying 15,O00 volts to 20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
Any ~nfringelnent on the above clearances or walkways due to the Contractor's operations shall be
~ubnl~tted to the Railway and to tl~e Engineer and shall not be undertaken until approved by the Railway,
and ~.~til 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 Public Utilities Commission authorization.
In the case of impaired vertical clearance above top of rail, Railway shall have the option of
installing tell-tales or other protect{ye devices Railway deems necessary for protection of Railway
trainmen or rall traffic.
Tile details of construction affecting the Railway tracks and property nec included in the contract
plans shall be submitted to the Railway for approval before such work is undertaken.
If the Contractor desires to move his equipment or materials across Railway's tracks he shall
obtain permission from Railway and, should it be required, the Contractor shall obtain a private
cross~ng agr~ement. £he crossing installation for the use of the Contractor, if required, shall be at
premises of Railwa)~ all of Contractor's tools, implements and ocher materials, whether brought upon
~l.04 Procectlon of Railroad Facilities:-
When any [)art aC any equipment is standieg or being operated within lO feet, measured
horizontally, from centerline of any crack on which Lrains may operate, or when any erection
or construction activities are in progress within such limits, regardless of elevation above
or below track.
(h) For any excavatio, below elevation of track subgrade if, in tb~ Ol)iniou of Railroad's
Cc) For any clearinR, grubbing, grading, or blasting in proximity to Railroad facilities which, in
~he opinion of Railroad's representative, may endanger Railroad facilities or operations.
(2) g~ilroad will furnish such personnel or ocher protective services ~hen, ill the opinion of
~ailroad'.~.representative, Railroad facilities~ including, but not limited co, tracks, buildings,
signals, wire lines or pipelines, may be endangered.
(3) Information as to the Railroad employes which may be required co provide protection to Railroad
facillcies is as follo~s:
Haxlmum Base pay
Number (a) Classification (g) ~or 8 hours (c) Headquarters
~ P~loc Conductors 115.02 Fuller'~n '
Yard Engine Helpers -- --
s~clo,, ro~a. 82.34 Fullerton
'rrac kmen 70.08 Ful 1 erton
~g ~'or~m.~,, 84.26 Oceans i de
~an Carpent,rs 78. 79 Oceans;de
In general, a flagging crew consists of three men, as indicated in the above grouping, although
number of hours Co be paid for, and travel, meal and lodging allowances will he in accordance with
To all direct labor costs, there shall be added additional charges for Vacation Allowance; Iloliday
Pay; Health and Welfare; Railroad Retirement and Unemployment Taxes; Public Liability, Property
I)amage, and Workman's Compensation Insurance; and Accounting and Billing, For estimating purposes
only, these additives collectively may be considered aa approximately 65Z of all direct labor costs.
The above races are for information only, and races in effect at the time of construction will be
used.
'l'ht, cost of all railroad personnel, equipment, and facilitio~ deemed necessary by LIio Railway and
provided hy the Railway for the procectlon of Railroad facilities ami trains, during the period of
omstruction within Railway right o[ way and the cost of in~talling protective devices iu the case
of impaired clearance, shall be borne by the Contractor. The Contractor shall be responsible for
payment of all costs incurred ~or any damages to Railroad roadbed, track and/or property resulting
(4) Railroad will submit its fln:ll bills for flagging and related services to CiLy/i.;~**aa4.a/ after
completion of the proiect. CiCy/~,~'~'~'y will pay all flagging charges.
-I.05 Work by Railway Compauy.--Railroad will rearrange its tracks, culepho~le, telegraph, and
signnl lines aud appurte.ances, and ~ill perfom any other work iu connection therewith, except grading
co b~ done by ocbers.
F~HIBIT "C-I"
AGEF-EMENT BETWEEN TNE ATCHISON, TOPEKA AND SANTA FE RAILWAY COHPANY
AND THE COITfRACTOIt
IN CONNECTION WITH THE CONSTRUCTION OF
ACROSS THE T~ACKS OF
THE ATCHISON, TOPEKA AND SANTA FE ~AILWA¥ COHFANY
The Atchison, Topeka and Santa Pe Railway Company
One Santa Fe Plaza, 5200 E. Shells Street
Los Angeles, CA 90040
Attention: General Hanager
Gent lemen:
The undersigned has entered into a contract dated
19 , with the
per£ormance 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 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 tbs firm.
Accordingly, as one of the inducements to and as part of the consideration for your granting
permission to the undersigned to enter upon your right of way or property for the performance of so
much of the work as is necessary to be done within your right of way or property, the undersigned,
effective on the date of said Contract, has agreed and does hereby agree with you as follows:
Section 1. The undersigned shall indemnify and save harmless Santa Fe, its agents and employes
against all liability, claims, demands, damages, or costs for (a) death or bodily injury to persona,
including without limitation the employes of the parties hereto, (b) injury to property, including
without limitation, the property of tbs parties hereto, (c) design defects, or (d) any other loss,
damage, or expense arising under either (al, (b), or (c], and all fines or penalties imposed upon or
assessed against Santa Fe, and all expenses of investigating and defending against same, arising in any
manner out of (1) use, occupancy or presence of the undersigned, subcontractors, employes, or agents
in, on, or about the construction site, (2) the performance, or failure to perform, by the undersigned,
its subcontractors, employes, or agents, its work or any obligation under this Agreement, or (3) the
sole or contributing acts or omissions of the undersigned, its subcontractors, employes, 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.
Section 2. That the undersigned will procure, and will maintain in force, insurance meeting all of
the requirements outlined in the Special Provisions for and in said Contract, and there is handed you
herewith:
(al Original Policy in Railroad Protective Liability Form, favor of The Atchison, Topeka and
Santa Fe Railway Company, One Santa Fe Plaza, 5200 East Shells Street, Los Angeles, CA 90040, and
(h) Certificate reflecting the existence of Contractor's Public Liability and Property Damage
Liability Insurance and Contractorts Protective Public Liability and Property Damage Liability
Insurance,
meeting such requirements. It is further distinctly understood and agreed by the undersigned that its
liability to the Railway Company herein under Section 1, will not in any way be limited to the amount
of insurance obtained and carried by the undersigned in connection with said Contract.
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 "Reis%ions with Railway Company", and shall include, but not be limited to,
payment of all cost~ incurred for any damages to Railroad roadbed, tracks, and/or appurtenances
thereto, resulting from use, occupancy, presence of its employes or agents on or nbout the construction
site.
AT&SF Railway Company
Kindly acknowledge recelpc o£ this letter and of the insurance herein provided co be furnished to
you, by signing and returning to the undersigned, through the State, 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 CONPANY
By
Its
By
(Contractor)
(Title)
E18a/O936P
EXHIBIT "C-2"
RAILROAD PROTECTIVE INSURANCE
In addition to any other form of insurance or bonds required under the terms of the contract and
specifications, the Contractor will be required to carry insurance of the kinds and in the amounts
hereinafter specified. Such insurance shall be approved by:
THE ATCHISON, TOPEY~A. AND SANTA FE RAILWAY COMPANY
hereinafter called "Railroad" before any work is perfonmed on Railroad property and shall be carried
until all work required to be performed on or adjacent to the Railroad's property under the terms of the
contract is satisfactorily completed as determined by the Engineer, and thereafter until all tools,
equipment and material have been removed from Railroad's property and such property is left in a clean
and presentable condition.
The insurance herein required shall be obtained by the successful bidder, and the original and
certified copies of all policies as hereinafter specified shall be furnished to the Engineer,
The Contractor shall furnish the Engineer with one (1) certified copy of each of the executed
policies required by l, 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 is concerned,
without at least thirty {30) days notice mailed by registered mail to the Engineer and to Railroad.
Full compensation for all premiums which the Contractor is required to pay on all the insurance
described hereinafter shall, be considered as included in the prices paid for the various items of work
to be performed under the contract, and no additional allowance will be made therefor or for additional
premiums which may be required by extensions of the policies of insurance.
The approximate ratio of the estimated cost of the work over or under or within 50 feet of Rail-
road's tracks to the total estimated contract cost is 0.---.
1. Contractor's Public Liability and Property
Damage Liability Insurance
The Contractor shall, with respect to the operations he performs within or adjacent to Railroad's
property, carry regular contractor's Public Liability and Property Damage Liability Insurance providing
for the same limits as specified for Rail road'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. ContracCor'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 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
in behalf of RailrOad as hereinafter provided.
3. Railroad's Protective Public Liability and
Property Damage Liability Insurance
The Contractor shall, with respect to the operations he performs within or adjacent to Railroad's
property or that of any of his subcontractors who do work within or adjacent to Railroad's property,
have issued and furnished separately, policy or policies of insurance in the Railroad Protective Lia-
bility Form as hereinafter specified in favor of The Atchison, Topeka and Santa Fe Railway Company, One
Santa Fe Plaza, 5200 East Sheila Street, Los Angeles, CA 90040.
Railroad Protective Liability Fomn
DECLARATIONS:
Item 1.
Item 2.
Item 3.
Named Insured:
(Name of Insurance Company)
The Atchison, Topeka and Santa Fe Railway Company
One Santa Fe Plaza, 5200 East Sheila Street
Los Angeles, CA 90040
Policy Period:
From to
12:01 a.m., Standard Time, at the designated job site as stated herein.
The insurance afforded is only with respect to such of the following
coverages as are indicated in Item 6 by specific premium charge or charges. The limit of the
company's liability against such coverage or coverages shall be as stated herein, subject to
all the terms of this policy hQving reference thereto.
Coverages
Limits of Liability
A Bodily Injury Liability $2 million Combined Single Limit per occurrence,
with an aggregate limit of $6 million for the
B Property Damage Liability term of the policy.
&
C and Physical Damage to Property
Item 4. Name and Address of Contractor:
Item 5. Name and address of Government Authority for whom the work by the Contractor is heing performed:
Item 6. Designation of the Job Site and Description of Work:
Premium Rates per $100 of Cost Advance Premiums
Bases Coverage A Coverages B&C Coverage A Coverages B&C
Contract
Cost $ $ $ $
Rental
Cost
Countersigned 19 By
POLICY
A insurance company, herein called the Company, agrees with the insured
named in the declarations made a part hereof, in consideration of the payment of the premium and in re-
liance upon the sta.tements in the declarations made by the named insured and subject to all of the
terms of this policy:
II.
,k*veza<~u A ~ Bodily [r~)ury L,abillty
TO [~a¥ on behalf of the insured alI ~ ~F/I~C~I th[. insured shall become legally obligated to
pay a:~ damages because of bodily injury, sickn~ee, or disease, including death at any time resulting
therefrom, hereinafter called "bodily i]1~%1Z~#, either (1) sustained by any person arising out of
acts or om]s~i,)ns at the de,<ignated ]ob sit~ which are related to ur are in connection with the
work described in Item 6 of the declarat4om~, or (9) sustained at the designated job site by the
contractor or any employee of the contr&c~or Or by a]1¥ designated employee of the insured whether
or not arising out of such acts or o~issior~.
Coverage B - Property Damage Liability
To pay on behalf of the insured all sw~s which the insured shall become legally obligated to
pay as damages because of physical injury to cr dmstrtlction of property, including loss of use of
any property due to such injury or ~eetrtl~ion, berei]~after called 'property damage", arising out
of acts or o~issione et the ~esignated J~ site which are related ~o or are in ~onnection with the
work described in Item 6 of the ~clara~ons.
Coverage C - Physical Damage to Propert~
TO pay for ~iract and accidental loss of or ~".e to rolling stock a~ their contents, mechan-
ical construction e~ui~men=, or motive p~wer equ~nt, hereinafter called loss, arising out of
acts or ~missions at the designated jo~ site w~ch are related to or are in connection with the
work describe~ in Item 6 of the d~clara~:ions; provided such property is owns4 by the ~-~d insured
or is leased or entrustod to the named l~ure~ u~er a lease o~ trust agrme~mnt.
Definitions
(a)
(b)
(c)
(d)
Insured - The u~qualified word "insured" includes the ~-~4~ insured and also in~lu~es any
e~ecutive officer, 41rector or s~-khol~er ~here~f while a~ing within the scope of his
as such.
Con~ractor - The wor~ "con~ra¢~or" means ~he ~on~ra~tor 4esignated in Item 4. of the ~eclara-
tione an4 includes all subcontractors of said contractor but shall not in~lu~e
insured o
Designated e~loyee of the insured - The wor~ "4esignated employee of the insured" mean
(1) any supervisory employee of t/mm lns~ at 'the jobsite.
(2) any employee of the insured w~ile ~ra~t~, attached to or engaged on ~rk ~ai~ or
p~er, rolling s~ck or ~chanical ~on ~p~nt.
Ill. Defense, Settlement, Supplementary Pa~mmnts
With respect to such insurance as is affor~e~ by ~his ~olicy under coverages A and B, %he Company
shall:
(a)
defend any suit against the insured alleging such bodily injury or property damage and seeking
damages which are payable under ~he ~e~ of this poller, even if any of the allegations of
the sui=are groundless, false or £raudulant; but the Company may make such investigation and
settlement of any claims or suit a~ it ~ expedient;
(b) pay, in addition to the applicable limits of liability:
(1)
all expenses incurred by the C~any, &Il costs taxed against the insured in any such
suit and all interest on the sn~.~re a~ount of any judgment therein which accrues after
entry of the judgment and before t/%e C.--:~ny has paid or tendered or deposited in court
that part of the judgment which ~ee not exceed.the limit of the C~a~y's liability
thereon;
(2)
premimas on appeal bonds required in any such suit, premiums on bonds to release attach-
men~s for an amount not in excess of the applicable limit of liability of this policy,
but without obligation to ap~ly for or fttr~ish any such bonds;
(3) expenses incurred by the insured for such ~m~ediate medical and surgical relief to others
as shall be imperative at the ~ of the oncurrence;
(4) all reasonable expenses, other than loss of earnings, incurred by the insured at the
Company's request.
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 ~odily injury or property damage caused intentionally by or at ttae ~irection of the insured;
(c)
to bodily injury, property damage Or loss which occurs after notification ~o the named insured
of the acceptance of the work by the gover~ntal authority, other th~u5 bodily injury, pro-
perty damage or loss resulting fro~ the existence or removal of tools, uninstalled equipment
and abandoned or unused materials;
Under' Coverages A(1), B and C, to bodily injury, property damage or loss, the sole proximate
cause of which is an act or o~ission of any i~sured other than acts or ~ssions of a/%y desig-
nated employee of any insured;
{e)
under Coverage A, to any obligation for which the insured or any carrier as his insurer may be
held liable under any workmen's compensation, um-~ployment compensation or disability benefits
law,. or under any similar law; provided that the Federal E~ployers' Liability Act, U.S. Code
(1946) Title 45, Sections 51-60, as ~nded, shall for the purposes of this insurance be
dee~ed not to be any similar law;
(f) under Coverage B, to injury to or destruction of property (I) owned by the named insured or
(II) leased' or entrusted to the n-m~ insured under a lease or trust agreement.
(g) l. Under any Liability Coverage, to inJuA"y, sickness, disease, death or destruction~
with respect to which an insure4 un, er ~he policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liabilit~ UnderwTitera or Nuclear Insurance Association of Ca.ada, or wou~d
be an insured under any such ~olicy but for its termination u~on e~aaustion of its lim/~
of liability; or
(b)
resulting from the hazardous properties of nuclear material a~ with respect to which (1)
any person or orga~%lzati~n is required to maintain financial pro~ection puzsuan~ to the
Atomic Energy Act of 1954, or any law as~ndatory thereof, or (2) the insured is, or had
this policy not been issued would be, entitled to indemnity frc~ the United States of
America, or any agency thereof, under any agreement entered into by the United States of
America, or any'agency thereof, with any person or organization.
Under any medical Payments Coverage, or under any Supplementary-payments provision relating to
i~mediate medical or surgical relief, to expenses incurred with respect to bodily injury,
siokness, disease or death resulting fro~ the hazardous properties of nuclear material and
arising out of the operation of a n~%~lear facility by any person or organization.
3. Under any Liability Coverage, to injury, sick.ess, disease, dea'ch or destruction resulting from
the hazardous properties of nuclear mate~ial, if
(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf
of, an insured or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is con~ained in spent fuel or waste any time posses~pd, handled,
used, processed, stored, transported or disposed of by or on behalf of an insured; or
(o;
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 6f any nuclear facility, but if such facility
is located within the United States of ~erica, 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 ~terial~ special nuclear m~t~rial or byproduct ~aterlal;
"~ource mater/aU', "Special nuclear material", and "byproduct material" have the meaninqs
given them in the Atomic Energy Act of 1954, or in any law a~endatory
thereof.
or ex~s~d to radiatio~ in a B~Ie~ reactor;
(1) containi~ b~duct ~te=ial ~
(2) resulting fr~ the opera~ ~ ~ ~=~n or org~iza~ion of any nuclear facility
in~l~ed within ~e ~fi~ ~ ~e~ faGility ~der paragraph (a) or (b) ~ere-
of;
(a) ~y nucle~ reac~r
(b) ~y eq~nt or ~v~ce ~i~' ~r ~ for (1) sep~ating ~e isotope of ~i~
or plutoni~, (2) p~cessi~ ~ ~i~ng ~end fuel, or (3} h~ling, processing
packaging waste;
(c) ~y ~nt or device ~ for ~ pr~essing, f~ricating or alloying of special
n~le~ ~teri~ if at ~y ~ ~e ~*.1 ~t of such ~t~ial in ~e ~t~y of
~e ins~ed at ~e p~ses ~ s~h ~nt or device Is ~oca~ ~is~s of or
~nt~ ~re ~ 25 gr~ of plu~ or ~ 233 or ~y ~inati~
or ~ ~ 250 gr~ of ~ 235.
(d) any s~ct~e,. ~s~, e~, p~ses or pla~ prep~ or ~d for ~e
an~ includes ~he ei~e on which any of th~ foregoing is locate~, all ~ra~ions con~u~ed on
such site and all premises u~e~ f~ ~ ~r&e.~s;
"nuclear reactor" means any apparatus deaigne~ or used to sustain nuclSarfiesion in a self-
su~porting ~ha~n reason or to ~nta~n a ~i~cal ~ss of fissi~le
"init" or ~des~on~, wi~ res~
incl~s all f~ of r~oac~
(h) un4er ~rage C, to loss due to
ina~ion, or to any act or ~on~ition l~cidant to any of the foregoing.
(The conditions, except condi~/ons 3, 4, 5, 7, 8, 9, 10, 11 and 12, apply to all co~mragee. Con-
ditions 3, 4, 5, 7, 8, 9, 10, 11 and 12 ~ly ~ly to the coverage note~ thereu~4er.)
Premium
The Premium bases and rates for the hazards described in ~he delcarat~ons, ~e stat~
~erein. Pr-~ ~ses ~ ra~m f~ ~ no~ so ~scr~d ~e ~ose ap~c~le in
cost of all ~rk descr~d in I~ ~ of ~e ~cl~a~ons.
The term "rental cost" means the to,al Mat to the oontra~or for rental of~rk rrm/ns.
or other railroad equipment, including ~he re~mme=at~on of all employees of the lne~re~ while
operating, attached to or engege~ ~llMIreon'.
The advance premium stated in t~e ~e~lar&tion is an estimated premiue'only. Upon term-
ice,.ion of this poli~ ~he earned pre~%um shall bm ~u~ in ac~r~anoe with the c~any's
rules, 'rates, ra~.ing plans, premi,~ ~ ~ ~rem~,~.~ applicable to this insurance. If
the earne~ premium thus co~ute~ ~-~e(~ ~he ase-~ated a~vance premiue paid, the ~any shall
lo~k to the ~ontrac~or specifie~ in ~he 4eclar&~ion~ for any such excess; if less, the ~pany
shall return to the said con~ractoz ~ unemrne4 ~ortion paid.
In no event shall paymen~ of p~[~ be an obligation of the nam~ insure.
2. Inspection The named insured shall m~ke available to the company records
of information relating to the ~J~t matter of this insurance.
The c(~pany shall be permitted ~o inspect all opera~ons in connection with the work described
in Item 6 of t. he declarations.
Limits of Liability The limits of _w~3~__~ly ~nJu~y 14ability stated in ~e declarations as
Covera~ A a~lic~le ~ "e~ ~rl~" il' ~e l~t of ~e ~y's li~ility for
all ~---ges, inol~ ~ges for care and loss of sauces, ~ising out
of ~dily inju~ sustained by one ~r~n ~ ~e reset of ~y one occ~rence; ~e li~t of
such li~ility sta~ in ~e decl~a~ ~ ~mlic~le to "each ~c~r~ce" is, s~ject to
the ~ve p~visions respec~ng ea~ ~n, ~e ~1 li~t of ~e c~'s li~i~ty for
all s~h ~ge arising out of ~ly lnJ~ s~d by ~ or ~re ~rsons ~ ~e result of
any one oc~ence.
4. Limits of Liability The i/mit of liabllit~ under Coverages B and C stated in the declarations
coverages B&C as applicable to "each o~rrsnce" is the total limit of the company's
arising out of physical injury to, des~ruction or loss of all property of one or ~re persons
or organizations, including the loss of use of any property due to such injury or destruct.%on
under Coverage s, as the result of any one occurrence.
Subject to the above provisions respec~ing "each occurrence", the 3~4t of liability
under Coverages B and C stated in the declaration as "agtregate" is the total limit of the
company's liability for all day-gee and all loss under Coverages B 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 B.
Under Coverage C,. the ]~-~t of the o~-~--_ny'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 p~t, at time of lose, .nor what it wotlld' then cost to repair or r~place ~he property
or such Dart thereof with other of like kind and quality.
5. Sevsrality of In~erests The term "the insured" is used severally and-not collectively, hut
Coverages A&B the lnclusing herein of more than one insured shall not operate to
increase the limits of the c~an¥'s liability.
6. No,ice In the event of an occurrence or loss, written notice con~aining particulars suffi-
cient to identify the insured and also reasonably ~btainable information with
spect to the time, place and circ%~stances thereof, and the names and addresses of
the injured and of available witnesses, shall be given by or for the insured to the c,~p. any or
any of its authorized agents as soon as pra~ticable. I~ claim is --_de or suit is brought
against the insured, he shall 4~diately foxmard to the company every d-~nd, notice,
or other process received by him or his representative.
7. Assistance and Cooperation of the Insured The insured shall cooperate with the ¢<,~wany and,
Coverages A&B upon the company's request, attend hearings and ~rials 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 o~n cost,
voluntarily make any payment, aes%~e any obligation or incur any expense o~her than for such
immediate medical and surgical relief to others as shall be imperative at the t4~e_ of accident.
8. Action Against Company No action shall lie against the company unless, as a ~ond~tion pre-
Coverages A&B cedent thereto, the insured shall have fully ca, lied wi~h all the
terms of this policy, nor until the amoont of the insured's obliga-
tion ~o pay shall have been fiually determined either by judgment against the insured after
auttml ~rial or by writton agre~n~ of the insured, ~he cla{n~nt and ~ c ~"~an¥.
Any person or organiza~ion or the legal representative thereof who has secttrsd such
judp~ent or written agreement shall thoreaf~:er be entitled to recover under t~is 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 c(~apany as a party to any actipn against the insured to
deterS/ne the insured's liability. Bankruptcy or insolvency of the in~ sursd or of the insured's
estate shall not relieve the cot~pany of any of its obligations hereunder.
Coverage C No action shall lie agains: the company unless, as a condition precedent there-
to, there shall have been full cn~p~liance with all the terms of this policy nor
until thirty days after proof of loss is filed and the amount of loss is date=m/ned as provided
in this policy.
Insured's Duties l~ Event of Loss In the event of loss the insured shall:
Coverage C
(a) protect the property, whether or ~t the loss is covered by this policy, and any further
loss due to the insured's failure to pro~sct shall not be recoverable under this policy;
reasonable expenses in- cuffed at the company's request;
(b) file with the company, as soon as practicable after loss; his sworn proof of loss in such
form end including such information as the c~i~y may reasonably require and shall, upon
the company's request, exhibit the d~ged property.
10. Appraisal If the insured and company fail to agree as to the amount of loss, either may,
Coverage C within 60 days after the proof of loss is filed, demand an appraisal Of the
loss. In such event the insured and the company shall each select a cos~etent
appriaser, and the appraisers shall select a competent and disinterested umpire. The ap-
praisers shall state separately the actual cash value and the amount of los. ~,d failing to
agree shall submit their differences to the ~ire. 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 e~enees 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.
13.
14.
16.
17.
18,
~_g_v£ ~ a 9 e C
The company may pay for the loss in money but there shall be no abandonment
No Benefit to Bailee
Coverape C
The insurmd &£fo~dad by this policy shall not in~re directly or
indirectly ~0 ~hm ~fit ofa.¥ carrier or bail&e, other than thc
named ineur~M~, liable for loss to the property.
Subrogation In ~e event o~ any ~ayment u~er this policy, the company
shall be s~brogated to -11 the insured's right of recovery therefor against any
person or organization and the insured ~1 ~xecute and ~eliver ins~rument~ and papers and do
whatever else is necessary to secuxa mu~h ri~h~. The insured shall ~o nothing a~ter loss to
prejudice such rights.
Applicmtion of InsUrance The insurm~ &fford~by %his policy is pr~mar~
insurance.
Thr~e Year Policy A policy ~riod of ~hree ~s is cos~ri~ed of ~ee ~cutiv~ ~1
perils. C~u~tion ~ adj~ of
~ot effect a waist or
asser~ng ~y right ~
policy ~ w~d or ch~, ~pt by ~r~nt issued ~ fo~ a ~t of ~s ~li~.
Assignment
Assignment of interest under ~his policy shall not hind the o0mpany un~il i~s
consent is endorsed ~treon.
Cancella~ion This policy Bay be cancelled by ~he ~--d insured by Bailing to the
written no,ice a~a~i~g when ~reaf~er the cancelled/on shall be effective.
This policy I~ay be cancelled by the ---%-~ny by ma41ing to the named insured, contractor and
gove~,.~dn~al muthorit7 at the roepo~ve ea~_~sses shown in ~his policy written no,ice
when not less than ~hirty days t. hereaf~er such cancellation shall be effect-lye. The Bailing
of no,ice as aforesaid shall be sufficient proof of no,ins. The effective date and hour of
cancellation e~a~ed in ~he no,ice ~h&ll become ~he end of the policy period. Delivery of such
wri~:en notice either by the rmmed insured or by t-he company abel1 be equivalent ~o mailing.
If the named insured cancels, e4L~ned pr~mL%~m shall be _~-JCf-~u~ in aocor~edloe with the
CUSt-''*~T short rate ~.e3~le ~n~ pz~dure. If t~e ~.y o~nsla, aaromd p~um aha11 ~
=~ p~ ra~. Pr~ ~j~t my ~ md& ~r a~ ~e ~ ~lla~ As effaced
or ~ s~n as prm~c~le a~r o~lla~on ~s e~ec~ve, bu~ ~nt or ~r of
· une~ed pr~i~ is not a ~on of ~oella~on.
Declare%ions By .acceptance of this policy ~h~ name~ insured agrees that such s~a%e~en%s in
the declarations as are made by ~%m are his agreome~ and represen:a~iorm,
that this policy is issued in reliance %~on ~he ~ruth of such representations and that this
relating to this insurance.
IN WI%~-S$ W~EREOF, the Inde~mity Company has
caused ~his policy to be signed by its president and a ~cre:ary at
and countersigned on the declarations page by a duly authorized agent of the ~h.wany.
(FACSIMILE OF SIGNATUI~)
(FACSIMF?~ OF SIGNATURE)
Secretary President