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05000477-58
(2U-9.0)
COST AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this . 15th day of December
19 R:7 , by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a
Delaware Corporation, hereinafter designated "Santa Fe", and the CITY OF
REDLANDS, a municipal corporation in the State of California, hereinafter
designated "City".
WITNESSETH:
WHEREAS, City proposes to improve Sixth Street to a paved roadway width of 64 feet,
across Santa Fe's Redlands Subdivision Track, designated by Public Utilities Commission,
State of California, as Crossing No. 2U-9.0; 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 said parties are willing
that, as set forth below, City or City's contractor, shall do all construction of street
paving and drainage work required for said project and that Santa Fe shall do all track
preparation, installation of rubber crossing materials and installation of grade
crossing warning devices as shown on print of Drawing C.E. No. 1-07552 dated July 28,
1987, marked Exhibit "A" and made a part hereof.
NOW THEREFORE IT IS AGREED:
1. City, or City's contractor, at its expense, will do all removal and reconstruction
of street paving and base material, installation of street drainage devices, and
regrading of roadway to match reconstructed track bed prepared by Santa Fe.
Furthermore, City, or City's contractor, at its expense, will provide and maintain
partial street closure and detour devices for the duration of the project.
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 protecting 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. City, or
City's contractor, shall perform its work in a manner satisfactory to Santa Fe or
-I-
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 track and place City-provided rubber crossing
material through existing roadway width of crossing.
4. Santa Fe will, at expense of City, prepare track in widened portion of roadway,
install City-provided rubber crossing material, to accommodate 80-foot wide roadway,
back of sidewalk to back of sidewalk and install two No. 9A cantilever type flashing
light signals with stub gates. Estimates of work set forth in this paragraph are
attached hereto and marked Exhibit "B".
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 above Paragraph 4, presently estimated by
Santa Fe to be One Hundred Fifty Thousand Three Hundred Twenty-three Dollars
and No/100 ($150,323.00) .
6. City shall furnish payment of eighty percent (80%) of the estimated `cost with return
of executed Cost and Maintenance Agreement. City shall pay actual cost upon
completion of audit less credit for the sum previously paid.
7. After installation of said crossing-warning signals and appurtenances under the
terms of this 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 City 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.
8. Santa Fe will, at its expense, maintain that portion of the crossing lying between
lines two feet outside of and parallel to the rails of the tracks. At such time
that the rubber crossing material must be replaced, City will furnish rubber
material at no cost to Santa Fe and Santa Fe will install same at Santa Fe cost. If
City elects not to provide rubber material, Santa Fe will renew the crossing using
material of its choice at no cost to the City.
9. City will, at its expense, maintain any street improvement within said crossing
other than specified to be maintained by Santa Fe in above Paragraphs 7 and 8.
-2-
10. Santa Fe agrees to give and hereby gives permission and license to City, to enter
that portion of Santa Fe's right of way shown shaded on said Exhibit "A" solely for
the purpose of construction 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.
11. City agrees to incorporate in each prime contract for construction of said project,
or the specifications therefor, the provisions entitled "Relations with Railway
Company" set forth in Exhibits "C", "C-l", "C-2", attached hereto and made a part
hereof, and accepts responsibility of compliance by its prime contractor.
12. 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. 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 tracks 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-l", and (ii) delivered to and secured the approval by Santa Fe of
the insurance required by said Exhibit "C-2".
(c) That, if it is determined by the City to be in its best interest, City 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
-3-
C. E. FILE NO. 6'f-0-f 7-000 9,Z
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
c/rr of 1e4o'4 Nos
CHICAGO, ILLINOIS Jy G_1NE_9�_ _ _
SCALE: 1 IN. TO/00 FT. CHIEF ENGINEER
.Las e!LV-4f.Z.F5DIV. DESCRIPTION APPROVED �
fr 2,4 XJV,os SUED I V.
ro
DATE: Y ZO, 1987 G
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SAN B�R'N�R'L7/NO 4'O!/NrY eA4/Ao,,rN!A' C.E. DRAWING NO. 1 - 07-5'5'7.
DIV. DWG. NO. DIV. FILE NO. G. M. FILE NO. OSoaa477
Ole-In
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
INDUSTRY ESTIMATE FOR
CITY OF REDLANDS
REDLANDS, CALIFORNIA - WIDEN 3 IMPROVE 6TH STREET
HIDEN 6TH STREET AND REPLACE TWO FLASHING LIGHT SIGNALS WITH TWO
GANTIL R SIGNALS WITH STUB GATES. LOS ANGELES DIVISION, REDLANDS
SUBDIVISION, MP 9.0, DOT $027 245U. CITY WILL FURNISH ALL RUBBER
CROSSING MATERIAL.
QUANTITY UNIT SUBTOTALS TOTAL COST
LABOR
INSTALL GATES/CANTILEVERS 12,537
3:814
207
PLACE ROAD CROSSING
zo7
PLACE MELDS 31093
SIGNAL ENGINEERING 13,618
PAYROLL ASSOCIATED COSTS 7x570
SUBSISTENCE ALLOWANCE 7,004
SUPERVISION ----------- 47,843
TOTAL LABOR
MATERIAL
BALLAST, NEWBERRY 11.000 CY 81
BATTERY, STORAGE - FOR GATES 2.000 EA 3,137
BATTERY, STORAGE - FOR MOTION EQUIP 2.000 EA 11915
BATTERY, STORAGE - FOR TRACK 3.000 EA 1,069
BELL 2.000 EA 472
BONDING, RAILHEAD 3.000 MTF 266
BONDING, SWITCH 1.000 EA 116
BONDING, WEB 3.000 MTF 437
CABLE 400.000 LF 482
CABLE DROP 1.000 EA 415
CANTILEVER FLASHER, 2OFT 2.000 EA 91202
CONDUIT, 4 IN PVC 80.000 LF 72
CROSS TIES, NO 2 - 8 FT 27.000 EA 370
FILTER FABRIC 45.000 SY 113
LOCAL GATE HIRING 2.000 EA 3,245
PMD SYSTEM 1.000 EA 4,193
Pmo SYSTEM 2 1.000 EA 7,947
POWER-OFF INDICATOR 1.000 EA 40
RAIL, 90 LB SH JTD 80.000 LF 348
REACTOR, TRACK. 5.000 EA 555
RELAY 5.000 EA 2,222
RELAY HOUSE, 4X6 FT 1.000 EA 31609
RELAY, TRACK CIRCUIT - 4 OHM 1.000 EA 478
SHUNT, DUAL HIDE BAND 4.000 EA 558
SHUNT, NARRON BAND 2.000 EA 462
SPARE PARTS, PMD SYSTEM 1.000 EA 31648
SPARE PARTS, PMO SYSTEM 2 1.000 EA 4,097
STUB GATE, 27-32FT 2.000 EA 8,565
TRACK CONNECTION KIT 2.000 EA 412
H LING 14,546
4,683
TRANSPORTATION
SALES TAX 4,66666
TOTAL MATERIAL ----------i $2,427
OTHER
EQUI- NT RENTAL 5,109
----------- 51109
TOTAL OTHER
BILLING AND ACCOUNTING 1,354
13,673
CONTINGENCIES 83
LESS SALVAGE ----------_-
TOTAL ESTIMATED COST $150,323
------------
THE A.T.ANO S.F. RY CO.
EXHIBIT "C"
RELATIONS WITH RAILWAY COMPANY
General.--The Contractor, as a prerequisite, for award, shall be satisfactory as to his
:, cponsir'llity and ability to perform the work over and across the property and over or under the
Aoks o The Atchison, Topeka and Santa Fe Railway Company.
It ik; t-aspected that The Atchison. Topeka and Santa Fe Railway Company will cooperate with the
tractol to the end that the work may be handled in an efficient manner, but the Contractor shall
.1+1 ciaim t,,r damages or extra compensation in the event his work is held up by the work of the
away G,tnpany forces.
102 Agreement.--Before doing arav work on Railway right of way, or property, the Contractor will
I equlr,ul to execute and deliver to The Atchison, Topeka and Santa Fe Railway Company a letter
ri(,mont, in the form attached hereto, obligating the Contractor to provide and keep in full force and
-_? fect th,- insurance called for under "insurance" of these special provisions.
-1.03 Railway Requirements.--The Contractor shall cooperate with The Atchison, Topeka and Santa Fe
-a-ilway C�mtpany where work is over or under the tracks, or within the limits of Railway property in
_151er to �xpedite the work and to avoid interference with the operation of Railway equipment.
The Guitractor shall comply with the rules and regulations of Railway or the instructions of its
r,-preSentatives in relation to the proper manner of r-zitecting the tracks and property of Railway and
-F,e traffic moving on such tracks, as well as the wires, signals and other property of Railway, its
-enants or licensees, at and in the vicinity of the work during the period of construction.
The C,,riLracLor shall perform his work in such manner and at such times as shall not endanger or
nterfere with the safe and timely operation of the tracks and property of Railway and the traffic
'boving on such tracks, as well as wires, signals and other property of Railway, its tenants or
at or in the vicinity of the work.
'!'he Contractor shall take protective measures necessary to keep Railroad facilities, including
. rack ballast, free of sand or debris resulting from his operations. Any damage to Railroad facilities
resulting from contractor's operations will be repaired or replaced by Railroad and the cost of such
7,-pairs or replacement shall be deducted from the contractor's progress and final pay estimates.
The Contractor shall not pile or store any materials, park or use his equipment closer to the
enter of the nearest Railway track, or overhead lines, than permitted by the following clearances:
101-0" Horizontally from centerline of track
:12'-6" Vertically above top of rail
27`-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-(J" 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 iniringetricrit on the above clearances or walkways due to the Contractor's operations shall be
-a;mitred In the Railway and to the Engineer and shall not be undertaken until approved by the Railway,
—ad u.itil the Engineer has obtained any necessary authorization from the Public Utilities Commission
:^r the infringement. No extra compensation will be allowed in the event the Contractor's work is
--layed pending Railway approval, and Public Utilities commission authorization.
in the case of impaired vertical clearance above too Of rail, Railway shall have the option of
:-st-alling tell-tales or other protective devices Railway deems necessary for protection of railway
-raininen or rail traffic.
1he details of construction affecting the Railway tracks and Property not included in the contract
Alls 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
Aain perr-Lasiort from Railway and, should it be required, the Contractor shall obtain a private
sing ay.reement. The crossing installation for the use of the Contractor, if required, shall be at
expense of the Contractor.
T1w Contractor shall, upon completion of the work covered by this contract to be performed by the
ntractor upon the premises or over or beneath the tracks of Railway, promptly remove from the
1.
rli-vvveN of Railway all Of Untractor'q tools, implements and other materiels, whether brought upon
ljio promi4ea by ,aid Contractor or any Subcontractor, employe or agent of Contractor or of any
er ,ntra,or, and cause said prom ifier to be left in a clean and presentable condition.
i
n, of R 'ail road_t_ect
up cn advunca notification V not less than 24 hours by contractor, lea, road representatives, ccr
duatcrs, flagmen or watchmen will K 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€ a any part of any equil-ment is standing or being operated wit. .. 10 feet, measured hori-
from centerline of any track on which trains may Operate, or when any erection ur
c �i-.struction activities are it, progress within such limits, regardless of elevation above or
Ulow track.
(b) For any excavation below elevation of track subgrade 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, grading, or blasting in proximity to Railroad facilities which, in
the opinion of Railroad's representative, may endanger Railroad facilities or operations.
(21 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 line" may be endangered.
W Information as to the Railroad esployees which may be required to provide protection to Railroad
facilities is as follows:
ia) Inspector $250.00 per day plus expenses
(b) Flagman $200.00 per day plus expenses
The above rates are for infcrmation only, and rates in effect at the time of construction will be
used.
The cost of all Railroad rperscnrei, 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-sf-way and the cost of instaiiing protective devices in the case
of impaired clearance Mail be borne by the City/County. The Contractcr shall be responsible for
pa*ynen.t of all costs incurred for any danages to Railroad roadhed, track and/or appurtenances thereto,
resulting from Use, occupan ', presence of its employens cents cn c: about the construction site,
(41 Railroad will submit its final biiis for flagging and related services to City/County after com-
pleticn of the project. CAY/CounVy will pay all flagging charges.
2
FXHIBTT "C-1"
agreement betwoen
1HE ATCHI-(�N, TOPEKA AND SANTA rE RAILWAY CCMPANY
Al�,D THE CONTRACTOR
IN CONNECTION WITH
The Atch.son, Topeka and Santa Fe Railway Company
One Santa Fe Plaza, 5200 E. Sheila Street
LOS Angeles, CA 90040
Attention: General Manager
Gentlemen:
The undersigned has entered into a contract dated 19-, with the
for the performance of
certain work in connection with
in the performance of which work the 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 for
shall have executed and delivered to you a letter agreement in the form hereof and shall have provided
insurance of the coverage and limits specified in said contract. If this letter agreement is executed
by other than the Owner, General Partner, President or Vice President of the undersigned firm, evidence
is furnished to you 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 much of
the work as is necessary to be done within your right of way or property, the undersigned, effective on
t.'-,e 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 Pe, 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 perform, 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, 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 Pe from its sole negligence or willful misconduct, or that of its 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 herewitht
(1) original Policy in Railroad Protective Liability Form, 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
liability to the Railway Company herein under Paragraph 1, 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 observe and comply with all the provisions, obligations and limits-
tions to be observed by Contractor which are contained in the sub-division of the specifications of the
Contract referred to in the second paragraph hereof, entitled "Relations with Railway Company", and
shall include, but not be limited to, pay"nent of all costs incurred for any damages to Railroad roadbed,
tracks, and/or property, resulting from use, occupancy, presence of its employees or agents on or about
the construction site.
A'74-SF PAilwaY Co- Bate:
Kindly acknowledge receipt of this letter and of the insurance policies herein provided to be
f-,*cntI;1,(,d to you by signing and returning to the undersigned a copy of this letter, which shall there-
con:;tituto an agroumenL between us.
Yours truly,
By
Receipt of the foregoing letter and of the policies
and certificates of insurance herein provided to be
furnished is hereby acknowledged this
day of 19
THE ATCHISON, TOPEKA AND SANTA FE PAILWAY ANY
p;y__
Its
2.
LX1111ill' "C-2"
RAILIVAl) PHOTECIIVE INSUkANtf
its Atitllt M1.341 fu aRr tither to,m of insutanCe or bonds requtr.-d u.ul,�r tht terms of the Lontlict
.And ,poci! Letition.., the G011tractor will be required Lo carry insurat.ce of the kinds and in Lite Amounts
kat-retnnf- r specified. Such insurance shall he approved by:
THE ATCHISON, TOPEKA AND SANTA FK RAILWAY COMPANY
hereinafttr called "Railroad" before any work is performed 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 ftatisfartorily 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 Aliall furnish the Engineer with out (1) certified copy of each of the executed
policies required by 1, 2, and 3 below, and in addition, shall furnish Railroad through the Engineer,
one (1) certificate reflecting the existence of the executed policies required by I and 2 and the
original policies of the insurance required by 3 below.
A certification of such copies of insurance shall guarantee that the policy under 1 and 2 will
not be amended, altered, modified, or cancelled 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 require,! to pay on all the
insurance described hereinafter shall be considered as included in the prices paid for the various
items of vnirk to be perforwed 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
Railroad'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 Railroad's Protective Public Liability and
Property Damage Liability 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 stibcontractors to cover their operations.
2. Contractor's Protective Public Liability and
Property Damage Liability Insurance
The Contractor shall, with respect to the operations performed for him by subcontractors who
do work within or adjacent to Railroad's property, carry in his own behalf regular Contractor's
Protective Public Liability and Property Damage Liability Insurance providing for the same limits as
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
Railrand'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 Form a, 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.
!�,�IVROAO )'HOTLCTIVE LIABILITY VORM
(Name of Insurance Company)
itcin 1. Named Insured:
The Atchison. Topeka and Santa Fe Railway Company
one Soots Fe Plaza, 5200 E. Sheila Street
Los Angeles, CA 90040
Itpm 2. Polity Period.
Brom to
12,.O1 am.. Standard Time, at the designated job site stated bertin.
It 4-m 1. Tluinsurance Affordod in only with respect to curls of the following eaveragits #At art
indicatet in Item 6 by apecifit premium charge or charges. The limit of the Company's
liabiltty against such coverage or coverages shall be as stated herein, subject to all the
terms of this policy having 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 term of the policy.
it Property Damage Liability
4
C and Physical Damage to
Property
--——-——-------—------------------
item 4. N;=e antl Address of Contractor:
Item S.
ame and Address of Governmental Authority for whom the work by the Contractor is being
IL
item 6. Designation of the Job Site and Description of Work:
Premium Ratett prr $100 of coat Advance Premii�ms
A Covtr4ars S6C Coverage A_ Covetifin b6c
Contract
(lost $ 11 g
enol
cost $
------------ -----------—---------------------------------------—---——-------
-19— BY
A or'll-ov beret i call,-<i t1-.- t oripany, avr,-ef- w it I, I h-
It, tut. i).•, I at It lolri 1n:),Io .i port hervot in Coosi,lvr;IL tiM 1-! the P3YMPtIt Of t!,.> Ptt%tnluui
.a nil rii re la tit P upon t)I-, Ill Atcntrt uts in the Dec I ar at Inns mad=, by the named insured and sit)I vc t to all of
(tit, t, -Itill of this Policy:
INSURINC ACKEM:,.N%S
1. Coverage A - Bodily Injtir-v Eiability
To pay on behalf at the insured all slims which tile 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
tile work described in Item 6 of the Declarations, or (2i sustained at the designated job site by
the contractor or any employe of the contractor or by ary designated employe of the insured whether
or not arising out of such acts or omissions.
Coverage R - property Damage Liability
To pay on behalf of the insured all slims which the insured shall become legally obligated to
pay as damages because of physical injury to or destruction of property, including loss of use of
any property due to such injury or destruction, hereinafter called "property damage", arising out
of acts or omissions at the designated job site which are related to or are in connection with the
work descrihed 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 ars! related to or are in connection with the
work described in Item 6 of the Declarations; provided such property is owned by the named
insured
or is leased or entrusted to the named insured under a lease or trust agreement.
IT. Definitions
(a) Insured - The unqualified word "insured" includes the named insured and also includes any
executive officer, director or stockholder thereof while acting within the scope of his duties
as such.
(b) Contractor - The word "contractor" means the contractor designated in Item 4 of the
Declarations and includes all subcontractors of said contractor but shall not include the
named insured.
(:) Designated employee of the insured The words "designated employe of the insured" mean:
(1) arty supervisory employe of the insured at the jobsite, or
(2) any employe of the insured while operating, attached to or engaged on work trains or
,+* other railroad equipment at the jobsite which are assigned exclusively to the contractor.
(A) Contract 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, Stigplementaa 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 whish Are payable under the tents of this policy, even if any of the allegations of
time 'Itlit are groundlosn, false or fraudulent; but th- Company may make such investigation and
settlement c)f any claim or suit as it deems expedient
11, ulAit ioll tea t appi icaloh- I I -litn 01 Liability:
ill r4 at try t1w Company, all Costs against Lite insured in any such
-;uit and .111 iia, roliL on the vnttre amount Of any judgmet=t LhC rein which accrues after
vuLry of Lite judgment, and before the Company has paid or tendered or deposited in court
that part of the judgmxillL which does not exceed tile, limit of the Company's liability
t h.!reort;
(2) premiums on appeal bonds required in any such suit., premiums on bonds to release
attachments for an amount not in excess of the applicable limit of liability of this
policy, but Without obligation to apply for or furnish any such bonds;
(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.
IV. Policy Period, Territory
This policy applies only to occurrences and losses during the policy period and within the
United States of America, its territories or possessions, 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;
direction d;
(b) to bodily injury mi: property damage caused intentionally by or at theof the insure
(C) tet notification to the named insured hodity injury, property damage or loss which occurs after bodily of the acceptance of the work by the governmental authority, other than b ily injury,
from the existence or removal of tools, uninstalled
property damage or loss resulting
equipment and abandoned or unused materials;
(d) under Coverages AM, B 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 employe of any insured;
(c) under Coverage A, to any obligation for which the i-toured or any carrier as his insurer may be,
held liable under any workmen's compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employers' Liability At t, U.S. Code
(1946). Title 45, Sections 51-60, as amended, shall for the purposes of this insurance be
deemed not to be any similar law;
M under Coverage Bs to injury to or destruction of property (1) owned by the named insured or
(11) leased or entrusted to the named insured under a lease or trust agreement.
(g) 1. Under any Liability Coverage, to injury, sickrutss, disease, death or destruction:
(a) with respect to which an insured under the, polity is also an insured under a nuclear
energy ergy liability polity 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
the hazardous properties of nuclear material and with respect to
(h) renulti,�g from
which (1) any person or organization is r,,quired to maintain financial protection
pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the
insured is, or had this policy not been issued would be, entitled to indemnity from
the United States of America, or any agency thereof, under any agreement entered
into by the United States of America, or any agency thereof, with any person or
org.-inizat ion.
t!"Jor any medical Pitymcnts Coverage, or under any supplemervLary-Payments provision
rel,ting to immediate medical or surgical relief, to expenses incurred with respect to
bodily injury, sickness, direase or death resulting from the hazardous properties of
nucle.ir material And arising ollt Of the operation of a nuclear facility by any person or
vi-ginization.
tlll,t.-i tiny L!,Ihi It I v ll:otorag, , Lo Ill jut HlCkfl,-4ti, J i f—ao , death or destruction
reso It I Og I rotil the hA/a rtl.wS prolo,It 1,-,; of Mac tear Mat.r 1.1 if
(,I) the otIC tear inator tal W it; at any ituc tear tac i I it y =,wned by, or operated by or on
behalf +-f, in insor(
,, .,I or (2) has been discharged or .aspersed therefrom;
10 the nuclear material is contained in spent fuel or Wa%tv at any time possessed,
handled, used, Processed, stored, transported or disposed of by or on behalf of an
insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by
an insured of services, materials, parts or equipment in connection with tile
planning, construction, maintenance, operation or use of any nuclear facility, but
if such facility is located within the United States of America, its territories or
posseusionst or Canada, this exclusion (ct 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", "Special nuclear material", and "byproduct material" have the
meanings given them in the Atomic Energy Act of 1954, or in any law
amendatory thereof.
.'spent fuel" means any fuel element or fuel component, solid or liquid, which has been
used or exposed to radiation in a nuclear reactor;
"waste" means any waste material:
(1) containing byproduct material and
(2) resulting from the operation by any person or organization of any nuclear
facility included within the definition of nuclear facility under Paragraph (a)
or (b) thereof;
"nuclear facility" means:
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating the isotopes of
uranium or plotonium, (2) processing or utilizing spent fuel, or (3) handling,
processing or puckaging wsAtt-;
(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 any apparatus designed or used to sustain nuclear fission in a
self-supporting chain reaction or to contain a critical mass of
fissionable material;
"injury",or "destruction" with respect to injury to or destruction of property, the
word includes all forms of radioactive contamination of
property.
fit" under Coverage C, to loss due to nuclear reaction, nuclear radiation or radioactive
contamination, or to any act or condition incident to any of the foregoing.
CONDTTIONS
hi. cvV...lttiotls, k-,ii-pt c"odittoos 3, 4, 5. 7, 8, It, 10, 11 and 12, appIv to all coverages.
1, 4. 5, 7, 6. 9, 10, 11 and 12 apply only to the coverages noted thereunder.)
1. PI.-Mitail The promitw, bas,vq and ratos for the hazard: dcscribed in the Declarations, are Stated
I Vt,�Mlutft tl;tsef� and rates for har.a,ds not so deactibed are thost, applicable
in aecol'I'loct. With f1w tluoelal=. in ose tot the Company. Tlt,t tern, "contract cofit" ii—ool the
total ,,ot f all tett A., ( 01-t ill lt.,itl t, of tilt- Declarations.
lit. I, till .......f a I m,-oiq I ... totil --t tt, li,,, ' ontractot I,1r rental of work t r.tius or
1 , — , 111-t lni.,,ti., TI" mv,�tntinn of all vmvloveq of the insut-I w!tilt-
,a'l st I t I- Dcc I arat I S ;17l I 1`-t 1 11 Ml U111 only, Upon tt:rminat i��n
,,f thin; policy the 011111 1W r"MP%ltvd iii accordance ~"rich the Company's rules,
nd
rating pinn�, prenitown � minimom 1--ntums applicabli, to this insurance. If the
""rued Ilretnium thlis comrlute�l exceeds the Ostim3teli athvince piernium paid, the Company shall
louL to the Contractor specified in tile Declarations for any such excess; if less, the Company
-hall return to the said contractor the unearned portion paid.
In nn event shall payment of premium be an obligation of the named insured.
2. Inspection_ The named insured shall make available to the Company records of information
relating to the subject matter of this insurance.
The Company shall be permitted to inspect all operations in connection with the work described
in Ttpin 6 of the Declarations.
3. Limits of Liability The limits of bodily injury liability stated in the Declarations as
A applicable to "each person" is the limit of the Company's liability for
all damages, including damages for care and lose of services, arising out
of bodily injury sustained by one person as the result of any one occurrence; the limit of
such liability stated in the Declarations as applicable to "each occurrence" is, subject to
the above provisions respecting each person, the total limit of tho Company's liability for
all such deattige arising out of bodily injury sustained by two or inure persons as the result of
any one occurrence.
4. 1-mitis of Liability The limits of liability under Coverages B and C stated
Coverages B&C as applicable to "each occurrence" is the total limit of the Company's
arising out of physical injury to, destruction or lose of all property of
one or more persons or organizations, including the loss of use of any property due to such
injury or destruction under Coverage B, a# 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 lose under Coverages B and C combined arising out
of physical injury to, destruction or loss of property, including the lose of use of any
property due to such injury or destruction under Coverage B.
Under Coverage C, the limit of the Company's liability for lose 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 lose, nor what it would then cost to repair or replace the property or
such part thereof with other of like kind and quality.
5. Severalitv of Interests The term "the insured" is used severally and not collectively, but the
Coverages A6B inclusion herein of more than one insured shall not operate to
increase the limits of the Company's liability.
6. Notice In the event of an occurrence or loss, written notice containing particulars
sufficient to identify the insured and also reasonably obtainable information with
respect to the time, place and circumstances thereof, and the names and addresses of the
injured and of available witnesses, shall be given by or for the insured to the Company or any
of its authorized agents as soon as practicable. If claim is made or suit is 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 Cooperation 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 for
such immediate medical and surgical relief to others as shall he imperative at the time of
accident.
R. Action Against Company No action shall lie against the Company unless, as a condition
Coverages A611 precedent thereto, the insured shall have fully complied with all the
t(;rmx 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, tile claimant and the Company.
Any person or orpartir-ition or the legal raprt�S(InLative thereof who has secured such
judgment or written ngreem,�nt shall thereafter he entitled to recover under this policy to that
extent of the insurance afforded W this police. Ns+ person or organization shall )live iny
right ruder ti,itt Policy to join tilt- Company as a t)Alty to any action against tile insured to
determin,- the inqurpd'll liability, hankruptcy or insolvency of Lite insured or Of the
in-:ured'n hall not relieve tilt, Conw-rliv of any of its obligations herelinder.
f,.
cov.-I sy C No act inti sbAl I til -I Rill 11"t the "ml>d III , %In I,.^ f; condition precedent there to;,
there shall have been full compliance viLh all L1W terms of this policy not until
thirty days after proof of loss is filed and the ai,ouut at Ins.
1. determined as provided in
t it i 0 pn I icy.
q. insured's Duties in Event of Loss In the event of lose the insured shall*
E2=M—C
protect the property, whether or not the loss is covered by this policy, and any further
loss due to the insured's failure to protect shall not be recoverable under this policy;
reasonable expenses incurred at the Company's request-,
t<) 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 prc,perty.
10. Appraisal If the insured and the Company fail to agree as to the amount of loss, either may,
coverage 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 lose 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 uIspire.
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
c
Covera
li
'. C abandonment of the damaged property to the Company.
12. No 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. 12t1gl!Ltion 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 lose to
prejudice such rights.
14. �plication 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. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall
not effect a waiver or a change in any part of this policy or 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 endorsement issued to form a part of this policy.
17. A%!;jEftsit-ni Assignment Of interest under this Policy shall nut bind the Company until its
consent is ernforned hereon.
Is. 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 *toting when not less than thirty days thereafter such cincellation shall be
effective. The mailing Of notice as aforesaid shall be sufficient proof of notice. Tile
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 he eiiiiivalent to mailing.
If the named insured cancels, earned premium stall be computed in accordance with tile
customary short rate table and procedure. If the Company cancels, earned premium shall be
computed pro rata. Premium adjustment may be made tither at the time cancellation is effected
or as soon as practicable after cancellation becomes effective, but payment -ir tender of
unearned premium is 110t a condition of cancellation.
7.
t .
of all or any part thereof, and proceed to complete same by day labor or by employing
another contractor or contractors on informal contracts. All such informal contracts
shall require the contractor to comply with the obligation in favor of Santa Fe
hereinabove set out in above Paragraph 10, and if such construction is performed by day
labor, City will provide evidence of self-insurance satisfactory to Santa Fe.
IN WITNESS WHEREOF, 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
-e— - By_
It
Its
CITY OF REDLANDS
By
Its---- Mayor
ATTEST:
CITY CLERK
0265j
-4-