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THIS AGREEMENT, made and entered into
this day of 19_2_Z_, by
and between THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware Corporation,
hereinafter designated "Santa Fe", and the CITY
OF REDLANDS, a municipality in the State of
California, hereinafter designated "City".
WITNESSETH:
WHEREAS, City proposes to widen and improve to a curbed roadway width of
40 feet that portion of Lincoln Street on each side of and including the crossing of
Santa Fe's Redlands District track, designated by California Public Utilities Commission
as Crossing No. 2U-10.6 and further identified as AAR/DOT No. 027254T. Said proposal is
hereinafter designated "Project", and;
WHEREAS, the parties hereto are in accord as to said Project and are in accord
as to the maintenance of said area subsequent to construction, and Santa Fe is willing
that City, or City's Contractor, do all work under said Project except preparation of
Santa Fe's track, including area to receive additional roadway width, install full-depth
timber planking and the gate-type crossing warning signals. The street drainage is not
a part of the Santa Fe work, and;
WHEREAS, the installation of crossing warning signals and appurtenances is to
be made concurrently with said Project pursuant to a State Department of Transportation
Service Contract under the Federal Grade Crossing Improvement Program, and;
NOW THEREFORE IT IS AGREED:
1. City, or City's Contractor, will do all work under said Project 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,
and instructions of Santa Fe's representatives, in relation to proper manner of
protecting Santa Fe's track and traffic moving thereon, as well as wires, 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 in a
manner satisfactory to Santa Fe or its designated representatives, and at such times as
shall not endanger or interfere with safe and timely operation of Santa Fe's track and
other facilities.
3. Santa Fe will, at its expense, prepare its track to receive planking, including
placing of full-depth sectional timber crossing panels to length of existing crossing,
being an average of 28 feet as measured along track.
4. Santa Fe will, at expense of City, in addition to those planks specified above
in Paragraph 3, place additional timber planks to accommodate a total curbed width of
40 feet.
5. Work specified to be done in above Paragraphs 3 and 4 by Santa Fe shall be done
as soon as practicable, considering completion of said Project, availability of
materials and manpower and, in consideration thereof, City will pay to Santa Fe the
actual total cost of work specified in said Paragraph 4, presently estimated by Santa Fe
to be ELEVEN THOUSAND THREE HUNDRED NINETY FOUR ($11, 194) DOLLARS.
6. Santa Fe shall submit to City a bill for ninety percent (90%) of City's share
of the estimated cost upon completion of work contemplated, which bill City agrees to
promptly pay. City shall pay the actual cost upon completion of audit, less credit for
the sum previously paid.
7. Notwithstanding the method of apportionment of costs and expenses set forth
above, should this Project work be financed in whole or in part with Federal-aid funds,
Santa Fe shall be reimbursed in accordance with applicable Federal laws and regulations,
and Santa Fe's right to reimbursement shall not be limited by any provision of this
Agreement. City shall notify Santa Fe should a Federal-fund allotment be made for this
project.
8. After installation of railroad crossing-warning signals and appurtenances under
terms of said State Service Contract Agreement, Santa Fe shall physically maintain same
so long as they remain in place. The maintenance cost of said signals and appurtenances
shall be shared equally by County and Santa Fe in accordance with Section 1202.2 of the
California Public Utilities Code, except that City' s liability therefor shall be limited
to such funds as are set aside for allocation to the Public Utilities Commission
pursuant to Section 1231.1 of the Public Utilities code.
9. Santa Fe will, at its expense, maintain that portion of the crossing lying
between rails of the track and for two feet outside thereof.
10. City will, at its expense, maintain any street improvement within said crossing
other than specified to be maintained by Santa Fe in above Paragraphs 8 and 9.
11. That all work covered by this Agreement shall conform to requirements of the
Public Utilities Commission of the State of California.
12. City agrees to incorporate in each prime contract for construction of
structure, or the specifications therefor, the provisions, entitled "Relations with
Railway Company" set forth in Exhibits "C", "C-1", and "C-21 , attached hereto and made a
part hereof, and accepts responsibility of compliance by its prime contractor.
13. That, except as hereinafter otherwise provided, all work to be done hereunder
by City in the construction of said Project will be done pursuant to a contract or
contracts to be let by City to a contractor or contractors, and all work performed
thereunder within the limits of said Project 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
-3-
Exhibit "C-111, 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 setout in above
Paragraph 14, and provided further, that if such construction is performed by
day labor, City will, at its expense, procure and maintain in behalf of
Santa Fe insurance required by said Exhibit "C-2".
IN WITNESS WHEREOF, THE CITY OF REDLANDS has caused these presents to be executed and
attested by its duly qualified and authorized officials pursuant to authority regularly
granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
has executed these presents both as of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By J
It S--SuPem-Uor of Com opts
CITY OF REDLANDS
Its
Ma or
ATTEST:
Jj
City C!eVk
L/
21816XH
-4-
a THE ATCHISON TOPEKA ANIS SANTA FE RAILWAY COMPANY
ESTIMATE OF COST TO THE CITY OF T ELL ANDS
TO WIDEN LINCOLN STREET CROSSING NO. 2U-10.8
DESCRIPTION UAN UNITS LABOR MIAT'L OTHER TOTAL
ENGIi EERI. G (FIELD) 500 500
REMOVE 8 F T. TIES
PLACE 9 FT. TIES 14 EA. 168 270 438
RESURFACE TRACK 32 T.F. 100 80 160
CHANGE OUT MAIL & FASTENINGS
75## TO 90 78 T.F. 600 195 795
BOUTET WELDS 4EA. 350 350 i`�C
PLACE STET' JOINTS 75#/90# 4 FA. 200 33" 532
PLACE FULL DEPTH PLANKING 20 T.F. 450 1,850 2,300
PLACE 6" A.C. WAVING 40 S.F. 150 ;5C
HAULING & CLEAN UP 2€ 0 '200
WORK TRAIN 300 3100
FREIGHT 300 300
HANDLING 164 764
INSURANCE 344 q144
E UI MEENT RENTAL 800 SCC
rn
LABOR ADDITIVES x,`75 1,795:
SUBSISTENCE 280 280
SLIP—TOTAL 4,943 4,12 . 1,294 10,358
CONTINGENCIES '.0-3 b
ESTIMATED COST TO CITY- OF R E LA? S
TG TUE 182 $11, 394
OFFICE OF AGM.—ENGINEERING
LOS ANGELES, MAY 6, 1981
E il515418'7 'I
EXHIBrT "C''
WT,';'H PLA ILWAY COMPANY
-1.01 General.--The On _at: as a prerequisite for awarshall ho Satisfactory as
to hi s rosponsibi 1 ity and abi 1, -,t-y -_.5 p,rfort„ the work over aQ across the property and over or nmW Qc
tracks of The Atchison, Topelka ,nd `-,anza Railway Company.
it id expected that Towka and Santa Pe Railway Ccmypw-,y will cooperate with th
CGntractor to the end that the r may to handled in an efficient manner. but the Contractor AW! nave
no claim for damages or extra in the event his work is held up by the work of the ya,_,Iway
Company forces.
-1.02 Agreement.--Before doing any ,.ork on PaiWay rigM of way, or property, the Contractot will
be required to exec te and dulivor to The Atchison, Topeka and Santa Fe Railway Company a letter agree-
ment. in the form attached hereto, obligating the Contractor to provide and' kee-p in full force and
effect the insurance called for under ''instirance'' o these special provisions.
-1.03 Railway 'Requirements.-The Contractor s,hall cooperate with The Atchison, Topeka and sarita, Few
Ptailway Company where work ir over or unier the tracks, or within the 1Lnits of Railway property in
cooler to expedite the -work and to av-A.! a_nrerference with the operation of Railway equipment.
The Contractor shall ccmply with the rules and regulations of Rail-day or the instructions of its
in relation to the prMmr manner of protecting t1he tracks and property of Railway
the traffic moving on such tracks, as well as the Mes, signals and other property of Railway. its
teriants or licenwam at and in the vicinity of tW work during the period of construction.
Tcry, Contractor shall Ierrorr, his -•,d:,,rk 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,
movinq
,, on such tracks, as woll as wNts, signals and other property of Railway, As tmaws or !Mewmm,
at or in, the vicinity of th�� work.
The Contractor shall toke .,rotective measures necessary to keep Fo-ilroad facilities, inciiidine,�
track ballast, free of sand or debris r--sulting from his operation, My damage to railroad facilitim-
resulting from contractor's operations will be repaired or replaced by Railroad and the cost of suet;
repairs or replacement shall be deducted frovi the contractor's progress and final pay estimates.
,rhe Contractor shall rnt pile or sure any materials, park or um his equIpwnt closer to tho
center of the nearest Railway tract, or overhead lines, than permitted by the following clearancos:
101-D" Florizontally from center line of track.
22�-6" Vertically above top of rail
27'-D" Vertically above top of rail for electric wires carrying less than 750 volts.
28'-0" Vertically above tiop of rail for electric wires ca_ry,ing 7150 volts to 15,10-30
volts.
301-0" Vertically above to of race for elec.tric wires carrying 15,000 volts to
20,000 volte,
W-O" Vertically ahove cop of rail for eisctric wires carr yirc; rwore than 20,000
volts.
Any infringement on the al-nove clea,arc es or walkways due to the Contractor's operation&, shall
su_hi itteO to the Railway ama to the Enqhwer and shall not be undertaken until approved by the
and qnvil the Engineer has obtliad any numssary autharizati-on frnin, the Public Utilities Cor-
t1w infrinwement_ 10 extra commnmAimi „iii be anowd in tN3 "vent the Contractor's work if; c,,!
pen,d,no
, Railway approval. and lublic Utilities Ccrmission authorization,
in the case of impaired verticaIedranwe above top of rail, Rxiiway shall have the opti-on of
histal_.Ling tell-tales or War protective devIces railway deems necessary for protection of
trainmc,, or rail traffic.
The details of construction affecting the Railway tracks and property not included in tJ-,e ont-r-tC,
pLans shail be submitted to the Railway for aWravai Isefore such work is undertaken-
if the Contractor- desires to, move h-s equipnient or materials ac-rcss pailway's tracks he shall
obtain permission from Railway an.i, sho—did i,,- in requireo the Contractor ..,:fail obtain a briva-, _-rcsz
aqreefwant. The crossing insrall'Won For the use of the ConWactor, if to tired, shall be at the ex
p�nse of the Contractor-
The Contractor shall, upon completion of tho work co-vered by this contract to be performed by th,,,
Contractor upon the premises or over or b neath the tracks A Railway, promptly remove from the I
W RaiWay all of Cantmetc&S tools, IIemcnts and other mWerials, whetAr brought unn said premnee
by said Contractor or any Sub-contractor, employee or agent of Cwtwc= or of any Sub-contrw!"r, and",
cmuse said premises to be Int in clean, and presentable conditicn,,.
i.
-1.0;4 Protection of Railroad 'aci)i t iF,.z:-
(1) tJp,)n advance notification of not less than 24 hours by contractor, Railroad representatives, con-
ductors, flaqmen or watchmen will be provided by railroad to protect it facilities, property and
movements of its trains or engines. In general, Railroad will furnish such personnel or other
protective services:
(a) When any part of Any er!•_,ipmerit is standing or being operated within 10 feet, measured hori-
zontally, from centerline of any track on which trains may operate, or when any erection or
construction activities are in progress within such limits, regardless of elevation above or
below track.
(h) For any excavation below el-nation of triick subgrale if, in the opinion of Railroad's repre-
sentative, track or other railroad facilities may be subject to settlement of movement.
(c) For any clearing, grubbing, op-aainq, or blasting in proximity to Railroad facilities which, in
the opinion of Railroad's representative, may endanger Railroad facilities or operations.
(2) Railroad will furnish such Personnel or other Protective services when, in the opinion of Rail-
road's representative, Railroad facilities, including, but not limited to, tracks, buildings,
signals, wire lines or pipe lines, may be endangered.
(1) Information as to the Railroad employees which may be required to provide protection to Railroad
facilities is as follows:
"
Maximum Classification (B) Ease pay
Number (a) for 8 hours (c) Headquarters (D)
3 Pilot Conductors $115-02 San Bernardino
1 Yard Engine Foreman
2 Yard Engine Helpers
I Section Foreman 82-34 San Bernardino
2 Trackmen 70.08 San Bernardino
I B&B Foreman
2 B&B Carpenters
In general, a flagging crew consists of three men, as indicated in the above
grouping, although under some conditions less than three men may be sufficient. Rates of pay, pay-
ment for overtime, n-=,ber,of hours to be paid for, and travel, meal and lodging allowances will be
in accordance with labor union agreements in effect at the time the work is performed.
To all direct labor cos-r, there shall be added additional charges for Vacation Allowance; Holiday
Pay; Health and 'Welfare; Railroad Retirement and Unemployment Taxes; Public Liability, Property
Damage, and Workman's Ccmpensation Insurance; and Accounting and Billing. For estimating purposes
only, these additives col-lectivcly may be considered as approximately 40% of direct labor costs.
The above rates are for information only, and rates in effect at the time of con-struction will be
used.
Th,` cast of all Railroad persnnnol, ,q.ipmcnt, <ind facilit-icri icemed nocessary by the Railwav and
provided by the Pailway for the pr ,foc�,_,Ion of Railroad facilities and trains during the period of
construction within Rai3wly right-of—way and the cost of installing protective devices in the case
0impaired clearance --hall be borne by the City/County. The Contractor shall be responsible for
payment of all costs- inr,irrod fcr any damages to Railroad roadbed, track and/or appurtenances thereto,
roultinq from use, occupancy, presence of its employees or agents on or about the construction site.
(4) P,-Iilrnan will submit its final `d1= for flagging anal z&(_,latod services to City/County after com-
pletion of the project. City/County will pay all flagging charges.
-05 Work by Raibwav Coro any. Railroad will rearrange its tracks, telephone, telegraph,
and siunal lines and appurtenances, and will perform any other work in connection therewith,
except grading to be done by others.
2.
-1,05 WaK by Railway Cmqwg. - PwIroad will remran,4e itli trat:ks, teleqrqv,
and lines and appurvenanl will 1wrForm, any other vo)--k -an therewith,
"cmt qmdinq to be done by oMew.
was make such chanq, . i' rh.o location and rlumtmr, of Lts t_eletjhone,
siqnal and/or wi r, !in m an! a} _.:t. ar.c€., a!onq, over or utvit-r i7e trarins. track
and bridqr- we,12:k m,o,, any by r. sen of the wmw ruccOn of said swum
Q) Re3wate its nnain, trcick�t �!Kwfly alignment aftt,,., han
necessary qradincj-
(r) Design and furnt,O 14"s w! o1mmified materiain O,r Awwfly WiMes.
��j Relocate its mmn 5" "wAq fmm Aimmmt wom ws
twn of structm, ,
'a Fur-nWh such wwchmen wd flmaen as may be necestsafor the fe-.ty of its
the cperation of trains the cormtractaon of said sonwoure.
(M Furninh Enginvor i ny n"d !wpt-nion as reqAred for cc-istrlo-, -,,f sai-d. struccu—
ta Consmuct two tnwk near Dale Street for we as rep ,-- merit Fm Mack H 1 :f
construction-
The work by RailwayCOMPan-I will he done wAh its own forms 1f1,.: H wt a part nE tW =11K
unue- this Contract-
EXHIBIT "C-l"
Agreement between
THE ATCHISON, TOPEKA AND SAN'T'A FE RAILWAY COIMPAtJY
AND THE CONTRACTOR
The Atchison, Topeka and Santa Fe Railway Company
one Santa Fe Plaza, 5200 E. Sheila Street
Leas Angeles, CA 9004
Attention: General Manager
Gentlemen:
The undersigned has entered into a contract dated 19 with the
certain work in connection with for the performance of
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 richt of way or property until the contractor employed in connection with said work for
shall have executed and delivered to you a letter agreement in the form hereof and shall have JTrovid.d
insurance of the coverage and limits specified in said contract. If this letter agreement is executed
by other than the owner, Genera' Partner, President or vice President of the undersigned firm, evidence
is furnished to you herewith certifying that the signatory is empowered to execute this agreement for
the firm.
Accordingly, as one of the inducements to and as part of the consideration for your granting per-
mission to the undersigned to enter upon your right of way or property for the performance of so touch of
the work as is necessary to be done within your right of way or property, the undersigned, effective on
the date of the contract with the , has agreed and does hereby agree with you as follows:
1. The undersigned shall indemnify and save harmless the Santa Fe, its agents and employees against
all liability, claims, demands, damages, or costs for (a) death or bodily injury to persons, including
without limitation the employees of the parties hereto, (b) injury to property, including without limi-
tation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage, or expense
arising under either (a) , (b), or (c) , and all fines or penalties imposed upon or assessed against Santa
Fe, and all expenses of investigating and defending against same, arising in any manner out of (1) use,
occupancy or presence of the undersigned, sub-contractors, employees, or agents in, on, or about the
construction site,(2) the performance, or failure to perforin, by the undersigned, its subcontractors,
employees, or agents, its work or any obligation under this agreement, or (3) the sole or contributing
acts or omissions of the undersigned, its subcontractors, emploz:pis, 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 sale negligence or willful, misconduct, or that offits agents, servants
or independent contractors who are directly responsible to it
2. That the undersigned will procure, and maintain in force, insurance Meeting all of the requirements
outlined in the special provisions for and in contract referred to in the second paragraph above, and
there is handed you herewith:
(1) Original Policy in Railroad Protective Liability roan, favor of The Atchison, Topeka and Santa
Fe Railway Company, One Santa Fe Plaza, 5200 .East Sheila Street, Los Angeles, CA 90040, and
(2) Certificate reflecting the existence of Contractor's Public Liability and Property Damage
Liability Insurance and Contractor's Protective Public Liability and Property Damage Liability
Insurance,
meeting such requirements. It is further distinctly understood and agreed by the undersigned that its
I
iability to the Railway Company herein under Paragraph 2, will not in any way be limited to the amount
of insurance obtained and carried by the undersigned in connection with said contract.
3. That the undersigned will cbser;re and comply with all the Provisions, obligations and limita-
rions to be :observed by Contractor which are contained in the s= --division of the specif_cations =af the
ontracr referred to in the ;,_=cosd paragraph hereof, entitled "Relations with Pailway Company", which
shall include, but not be limited to, payment of all costs incurred for any damages to Railroad roadbed,
:.racks, and/or appurtenancom ths,rc-fo, rc=tilting from use, c cupanc.a, torr:, nu,e of its employees or etq(
*'=e
c*tr €st aiaouf. ttaaa construction *sites.
AUSF
Railway Date:
XiA44y,:AckAcwlmdqe receipt of s.letter and of the inaure=e policies,herein'Provided to be
furnishedby SAgaing and returning to the Mdereigned s mpy of this letter, which shall there-
upon T1 c _ AA-AgMeement-between a .
truly,Yours
Receipt Of the foregoing letter and of the policies
and certificates of insurance herein provided to be
fu=_'Shed is hereby acknowledged this
it of 1
fl , TWWM-AND SANTA FE
By
Its
THE A.T. AND S. F. Ry, Co.
COAST LINES
PROPOSED REHABILITATION AND WIDENING
OF LINCOLN STREET, X-ING NO. 2U-IO.Co --_ -___-
LOS ANGELES, CALIF. W.W. TOLIVER
NOVEMBER 21, ll.ISO A,G.M-ENGINEERING c
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AUTOMATIC GATES TO BE CHICACO PLACE
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DESGi2IPTION
CITY XPE�+SE- WIDENIf�lG; COST FZ R. EXPEtJSE -2EIxABiLfTATION EXtSTtk� X-!NG
I-KEMOVE 14-S`TtEB ly Rfi PLACB }Vj 14-`E'Tt a S. (. REMOVE E2-B'TAS REPLACE W1$E-�'TIES, f
1.-RESURFACE TRACK-°S2 T.F. TT 9,RE 5URPAC9 TRACK-4Gr t.P. %
8-CNANGE OUT RAIL*PASTBNINGS-779 T.F. PROM 9.REMOVE 280 S.P.A.C.PAVING R PLACE SG SA-4'A.C.PAYING.
75 k*T'O 4>0 f. 4,PLACE 28 T.F. OF PULL DSPTK PLANKING PER C.E.S,9458. k `
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5-PLACE 20 T.P.OP FULL OEiP7H PLANKING Pg2
CES, SGS0-10 T.F. ON EACH ENO OF 'd8'PLANKING.
G.PLACG 40 S.F. OP-G"A.C, PAVING..
NR, MENTONE, SAN SERNARDINO CO., CALIF, C.E.C.L. DRAWING NO. 804-3'PSOG
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