HomeMy WebLinkAboutAT & SF Railway Company; 1973-07-17; 142079.
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RESOLUTION NO. 3174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTiON
ON BEHALF OF THE CITY, OF AGREEMENT WITH THE
ATCHESON, TOPEKA AND SANTA FE RAILWAY COMPANY .
REGARDING POINSETTIA LANE GRADE SEPARATION
The City Council of the City of Carlsbad does hereby resolve
3s follows:
The Mayor of the City of Carlsbad is
directed on behalf of the City to execute
N.ith the ,Atcheson, Topeka a,nd Santa Fe ,Ra
proposed grade separation of the Santa Fe
Lane (crossing # 2-233.7-A).
hereby authorized and
that certain agreement
ilway Company rega;ding
Tracks at Poinsettia
PASSED, APPROVED, AND ADOPTED at a meeting of the City Council
of the City of Carlsbad, California held July 17, 1973, by the
following vote, to wit:
AYES: Councilmen Dunne, McComas and Lewis.
NOES:
ABSENT: None
iTTEST:
I 1 I,” ‘;
* -
* I *
--
AGREEMENT, made thislstb day of JW
, 2. , k-,* k-
1973, between TIIE ATCHISON, TOPEKA AND
. /Y f L : 1" SANTA FE RAILWY COXPANY, a Delaware Cor-
8' : b ,/ I‘? t f 0
d',i, :~~~LJ~~ :l.'
I '. poration, hereinafter called "Santa Fen
and the CITY OP CARLSBAD, a political sub-
4
I ,!*' division of the State of California, hene-
inafter referred to as "City".
RECITALS --
Santa Fe owns and operates a line of railroad in and through the
City of Carlsbad.
City, in connection with land development, involving parcels of
land each side of Santa Fe's right of way, proposes to construct an overpass
crossing of Santa Fe's San Diego-Los Angeles tracks at Poinsettia Lane by (
means of a reinforced concrete structure and approaches thereto to serve t'ne
new development in the City of Carlsbad, County of San Diego, State of
California.
The term "structure" as used in this agreement shall include the
proposed overpass separation structure and approaches thereto, any and all
necessary changes to telephone, telegraph, signal and electrical lines and
appurtenances, all track work, grading and drainage facilities and any and/or
all other work of every kind and character necessary to accomplish the con-
struction of the Poinsettia Lane Overpass structure.
Said structure will pass over Santa Fe's tracks at the location
shown on print
marked Exhibit
of Drawing C. E. C. L. No. 77-31488 , dated June Y, 1973 ,
"A" attached hereto and made a part hereof.
The parties hereto desire to express in writing their understandings
anc'l agreerxnt pursuant to x-hick said structure is to be constructed, used, anr',
maintained.
1.
1 , ’ ‘II’ ,
AGREEKEXT ----
ARTICLE I
IN CONSIDERATION of the covenants
and the faithful performance thereof, Santa
1. Give or grant-and hereby does
* I
-4
of City hereinafter contained
Fe agrees:
give or grant to City, its suc- cm---. - -...-
cessors and assigns, all upon and subject to the terms and conditions herein-
after set forth, the right to enter upon and use the portion of Santa Fe's _ / . . .._ _ --.-,. "-. _I "- ^ ,_ . .,. .-*.. -..
right of way outlined in green on said Exhibit "A" for highway purposes and r I^- ._......_. I
to construct the overpass within the portion of said right of way outlined
in red on said Exhibit "A", reserving, however, to Santa Fe, its successors
and assigns, the right to construct, reconstruct, maintain and operate exis-
ting and additional railroad tracks, facilities and appurtenances, as well
as pipelines, pole lines and like facilities upon, along and across said
green outlined parcel and to use the airspace over the same above a plane
30 ft. above the level of the highway for any and all purposes, provided such
reserved rights shall be exercised in a manner consistent with the use of said
parcel for highway overpass purposes. Santa Fe does not warrant its title
LO said right of way and in any case of claims against City by anyone owning
or claiming title to all or any part of or any interest in said right of
way, Santa Fe shall not be liable to City for any damages due to the failure
of Santa Fe's title.
2. To furnish all labor, materials, tools and equipment necessary
to do the following:
(a) Make such changes in tracks or ot'ler rajlroad facilities and in the temporarv and permanent alignment, location
and elevation of it? telenhone, teleTranh, siqnal and/or
wire lines and apnurtcnaces as may become necessary hv reason of the construction of said structure.
(b) Furnish inspectors, watchmen and flagmen as may be neces-
sary for the safety of its property and the operation of its trains during the construction of said structure.
2.
.
1 , , ” , :
A
3. To do all work herein provided to he done by Santa Fe in ful-
fillment of its obligations hereunder with its own employees, working under
Railroad Labor Agreements and on a Force Account Basis.
4. To submit to City periodic statements covering the cost of work
performed by Santa Fe, and upon completion of the structure, a detailed state-
ment of final costs, segregated as to labor and materials 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 Highway Administration Policy and
Procedure Memorandum No. 30-3, dated October 26, 1971, and any revisions
thereof or amendments thereto, which said memorandum, for this purpose, only,
is hereby incorporated in and made a part of this agreement by reference.
AETICLE II
IN CONSIDERATION of the covenants of Santa Fe herein contained
and the faithful performance thereof, City agrees:
1. To prepare plans and specifications for the construction of
said structure, which said plans and specifications shall be submitted to
Santa Fe for approval prior to commencement of construction.
2. To make application to the Public Utilities Commission of the
State of California for an order authorizing the construction of said struc-
ture 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
the structure.
4. To do all necessary grading, to construct structure to pass
over the tracks, to pave highway, construct necessary drainage facilities,
and do all work called for on the plans and in the specifications for the
construction of said structure, except such work as Santa Fe herein agrees
to do.
3.
1 1 I I ‘.
A
5. To make any and all arrnnnements that mav he necessarv to
secure the location or relocation of wire lines, pipe lines and other facil-
ities, owned by private persons, companies, corporations, political su?>di-
visions or public utilities other than Santa Fe, which it mav be found nec-
essary to locate or relocate in any manner whatsoever due to the construction
of said structure. . .
6. To furnish all labor, materials, tools and equipment in doing
the work it herein agrees to do. To do all work called for on its part in
such manner as not to interfere with the safe operation of Santa Fe's line
of railroad.
7. To require its contractor, or contractors, to notify Santa Fe
in advance of any blasting, so that proper -flagging protection may be pro-
vided to prevent damage to Santa Fe's trains or property.
s. . TO rGcjnir2 its contrtctcr, or contractors, to furnizh to Santa
Fe, for approval, plans and specifications of any falsework, shoring or crib-
bing that may be planned to be used over, under or adjacent to Santa Fe's
tracks, and the use of such falsework will conform to the Standard side and/or
overhead clearance as per General Order No; 26-D of the Public Utilities Com-
mission of the State of California governing such clearances, In case the use
of such falsework 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 the structure.'
9. To incorporate in each prime contract for construction of the
structure, or the specifications therefor, the provisions, entitled "Relations
with Railway Company" set forth in Exhibit "C", "C-l", and "C-2", attached
hereto and rsadc a part hereof,
4.
I / . ! , ‘.
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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 con-
tractors who shall be subject to the approval of Santa Fe as to his, its or
their responsibility and ability to perform the work over and/or under the
tracks of Santa Fe, and all such. contracts shall provide: (a) That no work shall be commenced over or adjacent to Santa Fe tracks until each of the prime contractors emnloved in
connection with said work shall have (i) executed and de- livered to Santa Fe a letter agreement in the form attached
hereto as Exhibit "C-l", and (ii) delivered to and secured
the approval by Santa Fe of the insurance required by Dx-
hibit 11c-211 attached hereto and by this reference made a
part hereof.
WI ThatIf, in the opinion of City, it shall be for the best
interest of City it may direct that the construction of
said structure be done by day labor under the direction and control of City, or if, at any time, in the opinion of City, the contractor has failed to prosecute with dili-
gence anq force the work snecified in and bv the terms of "?: 2 ro.-.lrrr..mL : L _^.. i-* A-L.. -8 --_ L^-- -...-u -c*.--...uc, * - L..-. 1 1 -.*i r~.c.&A,*rL* ----- -- ,,;-;iLcd tr J.cl". , cc* -.
minate the contractor's control over said work and take possession of all or any part thereof, and proceed to com- plete 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 herein- above set out in Section 10 of this Article II, and pro-
vided, further, that if such construction is performed
hxr r7axr lnhnr. Citv will at its exnense procure and main- tain in behalf of Santa Fe insurance required hv said Exhibit “c-2”.
11. To reimburse Santa Fe for cost of work done by Santa Fe's
forces in accordance with the provisions of Article I, Section 4, and settled
in accordance with the provisions of Article III, Section 4, hereof.
ARTICLE III
Ih7 CONSIDNUTION of the premises it is mutually agreed:
1. That all work contemplated in this agreement shall he per-
foK-rr,ed in a good 2nd ‘y:CT~Liii?l!.l. ‘ke canmx and to the satisfaction of the
parties hereto, and each portion shall be promptly ccmmenced by the parties
5.
hereto obligated to do the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence.
2. That the structure shall he constructed to accommodate the
existing tracks of Santa Fe and to nrovide for a four-lane thorouqhfarc.
The work shall he done in accordance with detaS.led plans apnroved hy both
Darties and subject to approval by the Public lrtilities Commission of the
State of California, with minimum clearances of not less than those sneci-
fied in General Order No. 26-D of said Commission, excerk that mintmum
vertical clearance shall he 23 feet.
3. That City will bear the entire cost and expg&e-in&red in
connection with the construction of 'said structure, subject to the pro-
visions set forth herein.
4. That City will, out of funds made available to it for the
construction of such projects, reimburse Santa Fe in full for all work done
by it, subject, however, to the following conditions:
(a)
(b)
Provided, that should some unforeseen condition or com- bination of conditions increase the cost of the work to be performed by Santa Fe in excess of the total cost as
set forth in the aforementioned estimate marked Exhibit "B", Santa Fe will not be obligated to incur any expend- itures in excess of said total unless and until so auth-
orized by City, it being the intent that Santa Fe be re-
imbursed 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 "B"; and
Provided, further, that all expense incurred by Santa Fe, and billed to City, for which City is obligated to re-
imburse Santa Fe, shall be in accordance with and subject
to the terms and provisions of the Federal Highway Admin-
istration Policy and Procedure Memorandum 30-3, dated October 26, 1971, and any revisions thereof or amend- ments thereto, and in accordance with the provisions set forth in Article I, Section 4.
6.
5. That the work of constructing said structure shall not be
commenced until City shall have given written notice to the AGM-Engineering
of Santa Fe, stating the date that such work is to begin.
6. That the construction of said structure shall be performed
and effected in such a manner as to interfere as little as possible with
the safe operation of locomotives, trains and cars of Santa Fe over its
tracks.
7. That after completion of the construction of said structure
as hereinabove described:
(a) Santa Fe will, at its sole cost and expense, maintain its roadbed, track, and all other railroad facilities; pro- vided, however, that nothing herein contained shall relieve
City of any liability which would otherwise be legally im-
posed upon it with respect to damage caused to said rail- road facilities by negligent acts or omissions of Cityi its agents or employees.
(b) City wiil, at its sole cost and expense, maintain said structure, lighting, highway drainage, highway approaches,
and drainage structures thereunder, and appurtenances,
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 negli-
gent acts or omissions of Santa Fe or its employees.
8, 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 tracks or to lay additional
track or tracks or to build other facilities in connection with the operation
of its railroad, Santa Fe shall, at its expense, have the right to make such
changes or additions, prpvided such changes or additions do not change or
alter the grade separation structure herein proposed to be constructed and
provided further, however, that should it become necessary or desirable in
the future to change, alter, widen or reconstruct said structure to accom-
modate railroad projects, the cost of such work, including any ccst inciden-
tal to alteration of railroad or highway facilities made necessary by the
7.
.
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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.
9. That if City shall deem it necessary or desirable in the
future, due to traffic conditions, to widen the structure herein contemplated,
it shall have full right to do so , subject to the jurisdiction of the Public
Utilities Commission of the State of California, provided, however, that
such widening shall not encroach further upon or occupy the surface of Santa
Fe's property to a greater extent than is contemplated by the plans and
specifications to be approved by Santa Fe under the provisions of Section
1 of Article II hereof, without the consent and approval of Santa Fe.
10. That the books, papers, records and accounts of the parties
hereto, insofar as they relate to the item of expense for labor and materiai,
or are in any way connected with the work herein contemplated, shall at all
reasonable times be open to inspection and audit by agents and the authorized
representatives of the parties hereto for a period of qc& less than three w-._.
years from.the date of final payment. _.. -' c __,^ _ .-.---
11. That the covenants and provisions of the foregoing instrument
shall be binding upon and inure to the benefit of the successors and assigns
of Santa Fe and the assigns of City.
.
8.
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4 . . ‘.
A\
iN WITNESS Ir?IEREOF the parties hereto have duly executed this
agreement the day and year first above written.
ATTZST: THE ATCHISON, TOPEKA AND
g/e-
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APPROVED:
&3st. General Manager-Engineering
APPROVED AS TO FORK:
CITY OF CARLSBAD
ATTEST:
9.
i ., a ‘, . F I ‘g ?;’ 4 1:‘. bus;. s I6 ) .,.:s.l.
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EXHIBIT “A” - ’ - ‘ATTACHED TO CONTRACT EWEEN
THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY
AND
CITY OF CARLSBAD
Los ANGELES, CALIF. J.G. FRY JUNE II,1973 CHIEF ENGINEER
SCALa:t IN.TO 100 FT.
‘C
-\
L 6, A i
+TO LOS ANGELES ..w .
Farr Ntat q I-, II
I -. c POINSETTIA LANE O.H. .--.- --_
1. 1 MILE POST 233 + 3841’
1 ENGR’S STA. 2100 + 37.3
FOURTH DISTRICT t I I I II;’ l
THE A. T. & S. F. RY, CO. b 4
100’ ‘0-J i-4 I
m- -2
TO NATIONAL CITY - Enoinhs Newt
LEGEND
A REINFORCED CONCRETE STRUCTURE
LOCATED ON THE RAILWAY COMPANY’S
RIGHT OF WAY AS SHOWN OUTLINED RED.
LAND COVERED BY THIS CONTRACT
SHOWN OUTLINED GREEN.
AT PONTO,
SAN DIEGO COUNTY, CALIF. C. E.C. L. NO. 77- 31488
_. I -_-..- .._ ___.- __- ___.- “..
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THE ATCHISO:J, TOPEKA AND SANTA FE PAILWAY COVANY - COAST LITTES _I----
EXHIBIT "B"
Estimated cost of Labor and f!aterial required for Enaineerinq, Inmection,
and Flagging, and make temporary and permanent changes in Communication
and Siqnal Lines for construction of Poinsettia Lane Overpass crossing of
Los Angeles Division, 4th District track at Mile Post 233+3841 at Ponto.
Los b?elf?s , Cnliforr:ia
June 28, 1973
‘_ .
\
1. Enqineerinq & Inspection & Flagginq -- - - - - .--..- -z-.---------.-P Salaries $ 2,500
Expenses 200 Vacation, Paid Holiday 270 Retirement & Unemployment Tax 496 Health & Welfare Benefits & Group Life Insurance 210 Insurance 275 Excise Tax 31
Estimated Cost of Engineering, Inspection, & Flagging
2. Siqnal Work (Temporary) ----- XZerial $ 690 m-.- Handling at Storehouse 105 Transportation to Jobsite 30 Use Taxes 28 Estimated Cost of Platerial
Labor
Salaries Expenses Vacation, Paid Holiday Retirement & Unemployment Tax
Health & Welfare Benefits & Groub Life Insurance Insurance
Excise Tax
Esticated Cost of Lzi5~1
570 51) 62 113
48 63 6
Estimated Cost of Labor & Material (Temporary) 1,765
3. Signal Work (Permanent) ----I- Material 260
Hafdling at Storehouse 40
Transportation to jobsite 10 Use Taxes 10
Estimated Cost of Material
Labor Salaries
Expenses
Vacation, Paid Holiday
Retirement & Unemployment Tax
Health & Welfare Benefits & Group
Life Insurance
Insurance Excise Tax Estimated Cost of Labor
400 40 43 80
853
912
320
Estimated Cost of Labor & Yaterial (Permanent) 965
34 44 4 645
$ 3,982
4. Communication (TemDorarv) -e...----e-------e-L+ Material
Handling at Storehouse
Transportation to jobsite Use Taxes Estimated Cost of Material
Labor
Salaries Expenses Vacation, Paid Holiday
Retirement f Unemnloyment Tax
Health & Welfare Benefits & Group
Life Insurance
Insurance
Excise Tax
Estimated Cost of Labor
$ 620 32 10
35
$ 697
Estimated Cost of Labor & Material (Temporary)
1,014
85
195
201
85
112
12 1,704
5. Communication (Permanent) -- Matekial -I_- Handling at STorehouse Transportation to jobsite
Use Taxes Estimated Cost of Material
LtSzr
Salaries
236 12 15
13
1,260
276
Expenses Vacation, Paid Holiday
Eetirement & Unemployment Tax
Health & Welfare Benefits & Group
Life Insurance
Insurance Excise Tax Estimated Cost of Labor
100 . 136
250
100
139 15
2,006
Estimated Cost of Labor & Material (Permanent) 2,282
$ 2,401
S U M M A R Y --
1. Engineering, Inspection, and Flagging
2. Signal Work (Temporary) Labor & Katerial
3. Signal Work (Permanent) w II
4. Communication (Temporal?11 " ,1
5. Communication (Permanent) M I‘
Add for contingencies
Estimated Cost of Labor and Material
Auditing and Billing
Equipment Rental 271
Repairs and Deweciation
Transportation of Equipment .
Estimated Cost of Work to be Performed dy Santa Fe Forces
and Paid for by the City of Carhbad
$ 3,982
1,765
965
2,401
2,282
1,139
12,534
125
50
59
$ 13.03Q
Office of Assistant General ?‘fananer-Enoineering
Los Angeles, California
June 28, 1973
, .- EXl!IRIT "C" -
s;;c’I’1u;i RELATICilS ~~17'H RAILIJ'AY CO:.iPAirf
-1.01 General. --The Contractor, as a prerequisite for award, shall
be satisfactory as to his responsibility and ability to perform the work
over and across the property and over or under the tracks of the Atcilison,
Topeka and Santa Fe Railway Comgariy.
It is exFccted that The Atchison, Topeka and Santa Fe Railway Company
will cooperate with the Contractor to t;hc end that the work may be
handled in an efficient manner, but the Contractor shall have no claim
for damages or extra compensation in the event his work is held up by
the work of the railway forces.
-1.02 Agreement. --Before doing any work on Railway right of way, or
property, the Contractor will be required to execute and deliver to The
Atchison, Topeka and Santa Fe Railway Company a letter agreement, in the
form attached hereto, obligating the Contractor to provide and keep in
full force and effect the insurance called for under "insurance" of
these special provisions.
-1.03 Railway Requirements. --The Contractor shall cooperate with
The Atchison, Topeka and Santa Fe Railway'Company where vork 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.
The Contractor s‘hall comply with the rules and regulations of Railway
nr the inctn;ctinns ni its renTec,entativPq in relation to the nrcmer - - manner of protecting the tracks a;:d property of Railway and the traffic
moving on such tracks, as well as the wires, signals and other property
of Railway, its tenants or licensees, at and in the vicinity of the work
during the period of construction.
The Contractor shall perform his work in such manner and at such
times as shall not endanger or interfere with the safe operation of the
tracks and property of Railway and the traffic moving on such tracks, as
well as wires, signals and other property of Railway, its tenants or
licensees, at cr in the vicinity of the work.
The Contractor shall not pile or store any materials, park or use his
equipment closer to the center of the nearest Railway track, or overhead
lines, than permitted by the follo&.ng clearances:
lO'-0" Horizontally from center line of track.
22'-6" vertically above top -of rail
27'-0" vertically above top of rail for electric t:ires carrying less
than 750 volts.
28'-0" vertically above top of rail for electric wires carrying
750 volts to 15,030 volts.
30'-3" vertically above top of rail for electric wires carrying
15,000 volts to 2#,000 volts.
34'-0" vertically above top of rail for electric wires carrying ;- :j '*' :; r .i::: -. L!\; , ._ , ,: -: :i - i.^ 2. i.:> ,
-l-
b I ,
,, I’, I
# P h
any infringement on the above clearances due,to the Contractor's
operations shall be submitted to the Railway and to the Engineer and shall
not be undertaken until approved by the Railway, and until the Engineer
ilzs 0i:tained 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 PilC authorization.
In the case of impaired vertical clearance above top of rail, Railway
shall ‘n;1;re the option of installing tell-tales or other protective
devices I?ailway deems necessary for protection of Railway trainmen or
rail traffic.
The details of construction affecting the Railway tracks and property
not included in the contract plans shall he s:-lbmitted 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 crossing agreement.
The crossing installation for the use of the Contractor, if required,
shall be at the expense of the Contractor.
In advance of any blasting, the Contractor shall notify Railway in
order tilat proper flagging protection may be provided.
The Contractor shall, upon completion of the work covered by this
contract, to be performed by the Contractor upon the premises or over
or beneath the tracks of Railway, promptly remove from the premises of
Railway all of Contractor's tools, implements and other materials,
whether brought upon said premises by said Contractor or any subcontractor,
employee or agent of Contractor or of any subcontractor, and cause said nrP.rn;rnr cr. 1-r. Le --...- --.> -.a WY lc:ft-ir, 2 clear , a::;c! grascr.td;Ic cerxx tLv2.
-1.04 Protection of Railroad Facilities.-- (1) Railroad Representatives,
conductors, flagmen or watchmen will be provided by Railroad to protect
its facilities, property and movements of its trains or engines. In
general,
(4
(b)
Railroad will furnish such personnel or other protective services:
When any part'of any equipment is standing or being operated
within 10 feet, measured horizontally, from center line 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.
For any excavation below elevation of track subgrade if,
in the opinion of Railroad's representative, track or other
raiiroad facilities may be subject to settlement or movement.
During any clearing, grubbing, grading, or blasting in
proximity to railroad facilities which, in tile opinion of
Railroad's representative, may endanger railroad facilities
or operations.
Dluring any of Contractor's operations wnen, in the opinion
of Railroad's representative, railroad facilities; including, . but not limited to, tracks, buildings, signals, wire lines
or pipe lines; ray be endangered.
(2) IzfOnmtion as to the railroad ~nloyees :rhFch mav he required
to provide nrotection to railxoad facilities is as follows:
fGiximum
Plumber (A)
3
1
2
1
2
1
2
Notes : (a)
(b)
(cl
(a)
Classification (b)
Base Pay
for 8 hours (c) Headquarters (d
Pilot Conductors 36.37 Los Anqeles
Yard Engine Foreman 42.91 Los Angeles
Yard Engine Helpers 40.07 Los Angeles
Section Foreman 41.90 Oceanside
Section Lahorers 32.08 OceansFde
R&B Foreman 43.62 Oceanside
B&B Carpenters 37.14 Oceanside
A full flaqqinq crew consists of 3 men, as indicated in
ahove grouning. Under certain conditions, less than
3 men may he sufficient.
The.ClassFfications are shot-m solelv for the grosnective
bidders' information, and there is no quarantee that the
above classes of lahor will actuallv be used, or that
th3 rates of na.: shc~ in Column (c: zi11 b-,2 thos:: in
efrect at the cline the work is unuertaken.
Sho:qs base pay for normal eight-hour shift in effect
on Anril 1, 1973 . tJorma1 overtime rate after -.- eight hours is 14times base rate.
Estimated costs for travel. ner employee from headquarters
to job sFte and return is 7.00 ner round trin. The
estimated daily cost for meals and other accommodations
is 25.00 per emnloyee.
To all direct labor costs, there shall be added additional charqes for
vacation allowance; holiday pay; health and welfare; railroad retirement
and unemnloyment taxes: public liability, nronertv damage, and workmen's
comnensation insurance; and accountinq and hillina. For estimatinq nur-
poses only, these additives collectivelv may be considered as annroximatinq
40 per cent of direct labor costs.
The determination of the cost of flagging and nrotective devices to
he used as a basis for the submittinq of bids shall be the resnonsibilitv
of the prospective bidders.
3.
(3) Railroad will submit its final statement for flagginq and related
services to City aftercompletion of the project. City tr?'.ll pay all flaq-
ging charqes as a part of its settlement with Railroad pursuant to Agreement
between Railroad and City referred to in the Letter Agreement attached hereto
and labeled Exhibit C-l.
-1.05 Work by Railway Company. - Railroad will rearranqe its tele-
phone, telegraph and signal lines and appurtenances, and will perform any
other work in connection with Railroad facilities involved in the construction
of Poinsettia Lane Overpass.
?
,.. . . ‘... . ‘- .:, . ‘1 . .,.i’ . :..* cf. ‘... ._ _. .
.’ ,,., ;.. . ,: . . . ..’ J :.’ : ,.’ .., .,a..., ‘.: ‘_; ;;. : :. . . : ._, : . . : _ ..,. *.,- . _ .:‘.I :., -.,
: :... .. 3 . _; ‘. . . . . . ,’
The work by Railway will be done with its own forces and is not a
part of the work under this contract.
4..
EXHIBIT C-l -
AGREEMENT BETlr7EEN THE ATCHISON, TOPEYA
AND SWTA FE RATLWAY COMPANY
AND THE CONTRACTOR
IN CONNECTION WITH THE CONSTRUCTION OF A GRADE SEPARATION
STRUCTURE ACROSS THE TRACKS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
The Atchison, Topeka and
Santa Fe Railway Company
121 East Sixth Street
Los Angeles, California 90014
Attention: D. G. Ruegg, General Manager
Gentlemen:
Reference is made to the agreement dated * 19 between you and the City of Carlsbad, under which City is constructing a --
grade separation structure across the right of way, property, tracks and
appurtenances of your railroad in the City of Carlsbad, County of San Diego,
State of California, commonly known as the Poinsettia Lane Overhead.
The undersigned has entered.into a contract dated I
197-r with the City of Carlsbad for the performance of certain work in con-
nection with the construction of said grade separation structure in the per-
formance of which work the undersigned will necessarily he required to conduct
operations within your right of way and property. The agreement between you
anti r;he City provides that no work sbaii be commenced within your- righi oi
way or property until the contractor employed in connection with said work
for the City 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 under-
signed firm, evidence is furnished to you herewith certifying that the sig- natory is empowered to execute this agreement for the firm.
Accordingly, as one of the inducements to and as part of the con-
sideration 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
has agreed and does hereby agree with you as follows:
1. That the undersigned will procure and maintain in force insur-
ance meeting all of the requirements outlined in the special provisions for
and in contract referred to in the second paragraph above, and there 5s
handed you herewith original or certified copy of the policy or policies of
insurance meeting such requirements.
2. That the undersigned will observe and comply with all the pro-
visions, obligations and limitations to be observed by Contractor which are
contained in the subdivision of the specifications of the contract referred
to in the second paragraph hereof, entitled "Relations with Railway Company".
Kindly acknor.~rledge receint of this letter and of the insurance showings
herein nrovided to be furnished to you, by signing and returning to the under-
signed a co,r~y of this letter, which shall thereuy?on constitute an agreement
between us .
Yours truly,
(Company name)
Its
Receipt of the foreqoinq letter and of
the policies ar.d certificates of insur-
ance therein provided to be furnished
is hereby acknowl@ged this
day of ----.----- - -- ---- --.----I 19-.- THE ATCHISOM, TOPEKA AND SANTA FE RAIL':?AY CO.WA?iY
I>.?
.~ _’ - I _- ____--- -- ---.- .--- _--.--- -.I.--_---_--
Its _.___..._I. -__--Y.------e-
2 .
I 0
I I
;.:.,;i,“;‘;’ wr-?rl I ’ :
:
- L. I w-e-- ,c, 1 / . is / /” :
f.1. 1 J,T-::);bA> r’p,C)Fi’l ;i:‘:‘I1,7:: g~g!pr~yc~ .- 1 I
In ~?rf~."!:~iG:l t0 r?r.;.' Pt!:Cr VC:.!: tQf inF;?.iZC:?Cr! Or ?i@??C!S refllJirCC1 Llr::lpr
(.;-R {:,-,.- . 1. ,r:;,:~,t.Y~- r';e ,;I_(? I:;- .-: : j c',;tjr.:: ~ ';!-,p (‘(i,!<.;- .-",,-~r 7,..i.] 1 1 0 3-p-
f.t:: .-,-,'! i_..-; I ;. _ ‘,; . _ . !;':I: ,:I :-;:i : I! ";rir? ,?j';,:,:‘~-!-,: ~:~3--cj.;1;i;J~4yy .I ..,
~~~.,~~~j 1'!:, 7.
Sucj-; i.nszr-ancc s!:j11 !X ai:prowbr*?d by
TIjE p~‘l‘;-‘;~Icp -4 u *, TO!'i:i:A TJ:D S.V7"t'i FT RArT,:.'A" C0"P.W 'Y 1 I
he:& naftcr callc"I "Kai.1roa.d" before any work is performed on Railroad
77IIIO~jPKt: SE,,? shall !?C carried until 611 work required to he perforncd on or adjacent to the Railroad's propert! 7 under the terms of the contract is
satisfactorii~- com~-?lctr-d as determined by the Road Commissioner, and there-
after ur.tii all tools, equir;ment and nateri.al ??ave been removed from Rail-
road's prcjerty and such pronerty is left in a clean and presentable condition.
The insurance herein required shall he ohtai.neci hv the successful bidder
and the original and certified conies of all colicies as hereinafter sneci-
fied shall he furnished to the Engineer, City of Carlshad, 1200 Elm Street,
Carlsbad, Calif. 92008.
The Ccntractor shall furnish t??e Enqincer with one (1) certified copy of
each of the executed r,oli.cies required by 1, 2 and 3 hclo~, and in addition,
shall furr.lsh Railroad t!:rouqh the Rngincer, one (1) certificate reflecting
the e>ristcnce of the executed polici.es req.uireci by 1 and 2 and the original
nolicit-2~ of tlic insurance required by 3 belor~:.
1 ii ceJ. i2..i.i.ca’bor> 011 Sucil cuP:! t?s oL ilisurailct? sha.L.i guarantee tilat tne
policy under 1 and 2 Vz:ill not be amended, altered, modified, or canceled inso-
far as the coy:eraqe contemplated hereunder is concerned, without at least ten
1 (1Oj days notice maiied by registered mail to the Engineer and to Railroad.
, Full compensaticn for all preniums'which the Contractor is required to
pay,' on all the insurance dcscrikd hereinafter shall be considered as included
in the -prices naid for the various items of work to de performed under the
contract, and no additional allo:?ance will he made therefor or for additional
: ~remurns 1 klhich may be rccpired by extensions of the policies of insurance.‘
I The appro::i k mate ratio of the estimated cost of the vork over or under or
j within 50 feet of Railroad's tracks to the total estimated contract cost is ! 0 --- . . i
L
1. Contractor's ~uh1S.c Liability and Property
Damage Liability Insurance
The Contractor shall, with respect to the operations he performs within
or a.d?acc::t to i?;lllro;? 1 s nropcrt;? , carry ::cgular contractor's Public Liability
and Pro!-cr I-v il~X~r~Cz Lia\i,: lity Insurance provi.dinq for the same limi-ts as
SrzCLfiC-(1 for- ?a7.lroad's Protcctivc Public Liability and Proncrty Damaqo Lia-
bility insuj:ancc to IX: furnisllcd for and in khalf of Railroad as hereinafter
nrovidec?.
1.
h
If any part of the work within or adjacent to Railroad's property is
suticontracted, the Contractor in addition to carrying the above insurance,
shall provide the above insurance in behalf of the subcontractors 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 Dazage Liability Insurance providing for the same limits as speci-
fied for Railroad's Protective Public Liability and Property Damage Liability
Insurance to be furnished for and in behalf of Railroad as hereinafter pro-
vided.
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 perform, have issued and
furnished separately, policy or policies of insurance in the Railroad Pro-
tective Liability Form as hereinafter specified in favor of The Atchison,
Topeka and Santa Fe Railway Company, 121 East Sixth Street, Los Angeles,
California. 50014.
kailrOaa PrOteCtlVe Llaoillry ~+‘OIZIII
(Name of Insurance Company)
DECLARATIONS:
Item 1.
Item 2.
Item 3.
Named Insured:
The Atchison, Topeka and Santa Fe Railway Company
121 East Sixth Street
Los Angeles, California 90014
Poiicy Period:
From. to
12:Ol 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 . . ,. . . . . .._. , _ . .2 2 "; .;L . . . >a. ,-'. . .._ ,._^ I.. -. _. I _ i ; : _. ..I '. .; D +7' * _ L c 1 ;-.: A- -A.. & i (--f ti';c c;::.;";t~~.y.'s
Ala,s2.1ity aGti;i:;3t sucil mirerage or co-zcrayes s'na;: be as
stated herein, subject to all the terms of this policy having
reference thereto, 2.
Item 3. (conti,.tied)
Coverages Limits of Liability "'--'-,"'-"""---'-"I""-"'-""'-------------------------------------
A Bodily Injury Liability
Each Person Ea.Occur. Aggregate
$500,000 $l,OOO,OOO Not Appl.
Not
B Prope:?ty Damage Liability applicable $ 500,000 $1,000,000
&
C and Physical Damage to Property ----^-----------^------------------------------------------------------------
Item 4. Name and address of Contractor:
Item 5. Name and address of Wvernment Authority for whom the work by the
Contractor is being performed: City of Carlsbad, acting by and
through its City Engineer, 1200 Elm Street, Carlsbad, Calif. 92008.
Item 6. Designation of the Job Site and Description of Work:
Construction of new grade separation at Poinsettia Lane and The
Atchison, Topeka and Santa Fe Railway Company, in connection with
property development in the City of Carlsbad, California.
Premium Rates per $100 of Cost Advance Premiums
Bases- coverage- A L"overagos- B&C coverage -A Coverages RtX --------------------____^_______________------------------------------------- -.- - Contract
cost $ $ $ - $ -- Rental
cost $ $ $ $ --------------------___________I________-------------------------------------
Countersigned 19 BY
POLICY
Title
(Name of Insurance Company)
A insurance company, herein called the Company, agrees
with the insured, named in the declarations made a part hereof, in considera-
tion of the payment of the premium and in reliance upon the statements in the
declaration made by the named insured and subject to all of the terms of
this policy.
3,
h
IXWKIKG AGi~Et~ZNTS --
I. Coverage A - Bodily Injury Liability --
To pay on behalf of the insured all sums which the insured
shall become legally obligated to pay as damages because of
bodily injury, sickness, or disease, includinq 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 joh site which are related to or
are in connection with the work described in Item 6 of the
declarations, or (2) sustained at the designated job site by
the contractor or any employee of the contractor or by any
designated employee of the insured whether or not arising
out of such acts or omissions.
Coveraqe 13 - Property Damage Liability
.
To pay on behalf of the insured all sums which the insured
shall become legally obligated to pay as damages because of
physical injury to or destruc5on of property, including loss
of use of any property due to such injury or destruction, herein-
aft&r c&lcZ ".-'rol;e*ty L;,,-.5;; II , -- --' -: I L ULL3111\3 GUL i;: acts 02 cmlsaiid-is
at the designated job site which are related to or are in con-
nection with the work described in Item 6 of the declarations.
Coverage C - Physical Damage to Property
To pay for direct and accidental loss of or damage to roll-
ing stock and their contents, mechanical construction equipment,
or motive po#Ter equipment, hereinafter called loss, arising out
of acts or omissions at the designated job site which are re-
lated 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.
II. 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 --- desiqnated in Item 4 of the declarations and includes
all subcontractors of said contractor but shall not
i.ncl?lc?c the nar::ec: i.?l:;\l'"r' ..1-**
1
, - A
(c) --O-T: Dcsirrnated employee of the insured - The words "designated
employee of the insiured" mean:
(1) any supervisory employee of the insured at the
job site.
(2) any employee of the insured while operating,
attached to or engaged on work trains or other
railroad equipment at the job site which are
assigned exclu.sively to the contractor, or
(3) any employee of the insured not within (1) or
(2) who is specifically loaned or assigned to
the work of the contractor for prevention of
accidents or protection of nroperty, the cost
of whose services is borne specifically by the
contractor or by governmental authority.
(d) Contract - The word "contract" means any contract or
agreement to carry a person or property for a con-
sideration or any lease, trust or interchange con-
tract or agreement respecting motive power, rolling
stock or mechanical construction equipment.
III. Defense, Settlement, Supplementary Payments --~I
Hiti respect to such insurance as is afforded by this
policy under Coverages A and B, the Company shall:
(a) defend any suit against the insured alleging such
bodily injury or property damage and seeking damages
which are payable under the terzs of this policy,
even if any of the allegations of the suit are qround-
less, false or fraudulent; but the company may make
such investigation and settlement of any claim or
suit as. it deems expedient;
(bl pay, in additicn to the applicable limits of liability:
(1) all expenses incurred by the company, all costs
taxed against the insured in any such suit and
all interest on the entire amount of any judq-
ment therein which accrues after entry of the
judgment and before the company has paid or
tendered or deposited in court that part of the
judgment which does not exceed the limit of the
company's liability thereon;
(2) premiums on appeal bonds required in any such suit,
premiums on bonds to release attachments for an
amount net in excess of the applicable limit of . 1 1. 3.:: . . l;-Ly of i-F.2 5 :.ylicy, l:nt i;itl-.oil'- okli qati.-~~n L 1 -. ,, . ;-.'.,i.- i< : . 4 Xl,. ;- ! ,:: rI :i;z*'.y.:;;-; :* ;i I-.' 3i:::i :!-.:!~:Ic;
5.
(3) cxpcn:ies 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 earn-
ings, 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;
(b) to bodily. injury or property damage caused intentional-
ly by or at the direction of the insured;
(c! to hnd!i!y injury, property damage ox loss which occurs -ieL .C. * I ,* IlUL~LA.bclLll.Jli LV Llitz iiril&U ii-,;&-;A c: 1'.- -_-_-L- r&,.2 LiCl"G;r .
ante of the work by the governmental authority, other
than bodily injury, property damage or loss resulting
from the existence or removal of tools, uninstalled
equipment and abandoned or unused materials;
(d) under Coverages A (11, 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 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, unemploy-
ment compensation or disability benefits law, or
under any similar law; provided that the Federal
Employers' Liability Act, U.S. Code (1946) Title
45, Sections 51-60, as amended, shall for the pur-
poses of this insurance be deemed not to be any
similar law;
(f) under Coverage B, to injury to or destruction of
property (I) owned hy the named insured or (IIj
leased or entrusted to the named insured under a ?*.L'; r‘s: ,-;: '.'-.,: . y u.~c,~,.>,. -i.7- :' _. ._ .
G.
. , *
- -
1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
(a) with respect to which an insured under the policy is also
an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Under-driters or Nuclear Insurance
Association of Canada, or would be an insured under any
such policy but for its termination upon exhaustion of its
limit of liability; or
(b) resulting from the hazardous properties of nuclear material
and with respect to which (1) any person or organization is
required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatoxy 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 oryanization.
2. Under any Medical Payments Coverage, or under any Supplementary-
Payments provision relating to immediate medical or surgical
relief, to expenses incurred with respect to bodily injury,
sickness, disease or death resulting from the hazardous properties
of nuclea; material and arisina out of the operation of a nuclear
facility by any person or organization.
3. Under any Liability Coverage, to injury, sickness, disease, death
or destruction resulting from the hazardous properties of nuclear
material, 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 contained in spent fuel or waste
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 connectipn with the planning, con-
struction, maintenance, operation or use of any nuclear
facility, but if such facility is located within the United
States of America, its territories or possessions or Canada,
this exclusion (c) applies only to injury to or destruction
of property at such nuclear facility.
7.
8, I’,
- -
4. As 'Isod in this exclusion:
"l~~~,~~dous properties" include radioactive, toxic or explosive
I>1 I 11 lrzrties - ,
“l\tlr: lear material” means source material, special nuclear material
O1. ilyproduct material.;
“bit(ll‘ce material”, "special nuclear material", and "byproduct
nlC~It-?l-ial" have the meanings given them in the Atomic Energy Act
ok 1'9511 or in any law amendatory thereof;
U:;t'tlnt fuel" means any fuel element or fuel component, solid or
likJllid, which has been used or exposed to radiation in a nuclear Ki;a.C tar ;
“h’.7r;fic@f means any waste material (1) containing byproduct material
aIlk (2) resulting from the operation by any person or organisation
Of ;Iny nuclear facility included within the definition of nuclear
f,-i*'i.lity under paragraph (a) or (b) thereof;
"lI\rc:lear facility" means
(a) any nuclear reactor
(1,) any equipment or device designed or used for (1) separating t-ha i .37t--fir cf -~rzy.l-~- 3:: plctc:.i-;-p,, (2) prc=cssing cr ---- -----r-- ULiiizing spent ruel, or (31 hanallng, processing or
packaging waste,
((') 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. :
(4) any structure, basin, excavation, premises or place prepared
or used for the storage or disposal of waste,
aIt. includes the site on which any of the foregoing is located,
aI\ oljerations conducted on such site and all premises used for
s~~~'tI operations;
'iitilt:l.car reactor" means any apparatus designed or used to sustain
n\ltSlp,lr fission in a self-supporting chain reaction or to contain
a * litical mass of fissionable material;
~~~~\I rCspect to injury to or destruction of property, the word
" 1 i) 1wy" or "destruction" includes all forms of radioactive
cttat( ~7mi.nation of property.
(?I) it;;. I.1 1 \:i,v‘?rt?gc c, to loss due to nuclear reaction, finclear radia!-.i:fi
Ini 1 .itii.oactivc contzzination, or to any act or condition incid.ent to
dbi\- 01 the foregoing.
. 1, “>
.-. -c4
COP!2ITIONS -----
(The conditions, except conditions 3,4,5,7,8,9,10,11
and 12 apply to all coveragcs. Conditions 3,4,5,7,
8,9,10,11 and 12 apply only to the coverage noted
thereunder.)
1. Premium The premium bases and rates for the hazards w--e described in the declarations are stated therein.
Premium bases and rates for hazards not so described are
those applicable in accordance with the manuals in use
by the company.
The term "contract cost" means the total cost of all
work described in Item 6 of the declarations.
The term "rental cost" means the total cost to the con-
tractor for rental of work trains or other railroad equipment,
including the remuneration of all employees of the insured
while operating, attached to or engaged thereon.
The advance premium stated in the declaration is an
estimated premium only. Upon termination of this policy the
earned premium shall be computed in accordance with the
company's rules, rates, rating plans, premiums and minimum
premiums applicable to this insurance. If the earned premium
tnus compured exceeds rhe estimated advance premium paid, the
company shall look to the contractor specified in the declara-
tions for any such excess; if less, the company shall return
to the said contractor the unearned portion paid.
In no event shall payment of premiuin 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 Item 6 of the
declarations.
3, Limits of Liability The limits of bodily injury liability -- Coverage A stated in the declarations as appli-
cable to "each person" is the limit
of the company's liability for all damages, including
damages for care and loss of services, arising out of
bodily injury sustained by one person as the result of any
one occurrence; the limit of.such liability stated in the
declarations as applicable to "each occurrence" is, subject
to the above provisions respecting each person, the total
l.ir-.it of !;?: !-. c<cJ?:i?,-,r,',? ' f : j _:!>;ilit\: fey ?:2. SEC?, d:'ln~~~ce arising
t--ii: ?;: y'.,;:) -1:. I',):ii>' .:.,.;,: ';::t:.! i." L.',. t* ;-s-'- p'l:$;';;.;:; as ',i*c
result of air:y one oc~urrencc.
*
a . 8) ” i
,- 4
Limits of Li&ilk? v ----.-- --__ A- The limit of liability under Coverages
Coverage5 B & c B and C stated in the declarations as -_- -._-" applicable to "each occurrence" is the
total limit of the company's liability for all damages and
all loss under Coverages Z3 and C combined arising out of
physical injury to, destruction or loss of all property of
OIIE or more persons or organizations, including t'ne loss of
use of any property due to such injury ox destruction under
Coverage B, as the result of any one occurrence.
Subject to the above provisions respecting "each occur-
rence", the limit of liability under Coverages 33 and C stated
in the declaraticn as "aggregate" is the total limit of the
company's liability for all damages and all loss under Cover-
ages B and C combined arisi.ng out of physical injury to, de-
struction or loss of property, including the loss of use of
any property due to such injury or destruction under Cover-
age B.
Under Coverage C, the.limit of the company's liability
for loss shall not exceed the actual cash value of the proper-
ty or if the loss is of a part thereof t?le actual cash value
of such part, at time of loss, nor what it would then cost
to repair or replace the property or such part thereof with
other of like kind and quality.
5. Scverality of Interests The term "the ins.ured" is used -- Coverages-A and I3 severallv and not collectivelv. _.__^^ -_ ----_II.I but the inclusion herein of aore
than one insured shall not operate to increase the limits
of the company's liability.
6.
7.
Notice In the event of an occurrence or loss, written -- notice. containing particulars sufficient to
identify the insured and also reasonably obtainable infor-
mation 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.
Assistance and Ccoperation of the Insured The insured shall --...,-_ ..- -- --- Coverages A and B cooperate with the -- - company and, upon
the company's request, attend hearings and trials and assist
in making settlements, securing and giving evidence, obtain-
ing 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 )',- c.... . 0 I-hi, 'L' . . . . . i >,' ::i:cl; .?.:;.: ;.;i ;'.;I -;l,?j,c;]* ;:;.d <l-,-r ;(-31 YY?,ip~ ",c .'i <. J-
cji i;f-.; '1 .. , : :i...*. , 'i. , ir,.y, \.‘y,;; I"_ .. . . t;-$? tj.r,,c of ;~c.~i~,.y*::r:* ._I_ i-L .
. *
. :
4 .
I . , I
.+ ,L-L
8. Action Against Company X0 action shall lie against the company _I- --- Coverases A and B -B---i------------- unless, as a condition precedent thereto,
the insured shall have fully complied
with all the terms of this policy, nor until the amount of the
insured's obligation to pay shall have been finally determined
either by judqment against the insured after actual trial or by
written aqreement of the insured, the claimant and the company.
Any person or organization or the legal representative
thereof who has secured such judgment or written aqreement
shall thereafter be entitled to recover under this policy to
the extent of the insurance afforded by this policy. NO
person or organization shall have any right under this policy
to join the company as a party to any action against the in-
sured to determine the insured's liability. Bankruptcy or
insolvency of the insured or of the insured's estate shall
not relieve the com;>any of any of its obligations hereunder.
Coveraqe C -- No action shall lie against the company unless,
as a condition precedent thereto, there s-hall
have been full compliance with all the terms of this policy
nor until tnirty days after proof of loss is filed and the
amount of loss is determined as provided in this policy.
9. Insured's Duties in Eveni. of Loss In the event of loss the
Coverwy c .i.PS'IYeCI shall:
(a) protect the prol;ertyy, 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 re-
coverable under this policy; rcasonaiAe expenses
incurred in affording such protection shall be
deemed incurred at the company's request;
1.0 .
(b) file with the CoxnLjiiny, as soon as Fracticable after
loss, his sworn proof of loss,in such form and in- . . 'eluding 'such information a& the company'may reason-
ably require and shall, upon the company's req,uest,
exhibit the damaged property.
Appraisal If the insured and company fail to agree
Coverage C as to the amount of loss, either may, within -- 60 days after the proof of loss is filed
demand an a_nFraisal of the loss. In such event the insured
and the company shall each select a coapetent ap_uraiser,
and the appraisers shall select a competent and disinter-
ested umpire. T;le appraisers shall state separately the
actual cash value and the amount of loss and failing to
agree sllall sub:rtit their differences to the uiipire. An
award in writing of any two shall determine the amount of loss.
The insured and t-:1!:: co::;7;\ny s-:a.11 i2;ic;l pay his chosen dEnraiser - . . - 5:. 1.- * !: _ ;A. -... _ . . . ~'1.. s., c 1.^.:. . ., * - j ., L . ._ -. . . . _. 6"' :.: ;I _. :: .> 3 pf ty,li<-. ;:::..%--aj.c?; :;r.G ^ .‘ - ;i::.:, 1;r.l' .
,- . I. v 1 I I * 6 : . . . - h
W-z company shall not be held to have waived any -of its
rights by any act relating to appraisal.
11. Payment of IQSS ---- The company may pay for the loss in money
Coverage C but there shall be no abandonment of the --- damaged property to the company.
12. No benefit to Baiiee e--w.---_-- --- Coverage C --
The insurance afforded by this policy
shall not inure directly or indirect- - ly to the benefit of any carrier or
bailee, other than the named insured, liable for loss to the
property.
13. Subrogation --- 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 in-
struments and papers and do whatever else is necessary to
secure such rights.. The insured shall do nothing after loss
to prejudice such rights.
14. Application of Insurance The insurance afforded by this -_I_ policy‘is primary insurance.
15. Three Year Policy A policy period of three years is com- -II_- prised of three consecutive annual
nnri rrr-7~ & Cn-mr>r*faf-inn anil "__C___ _ .* . . z~itrc+rn~>nf pf narn@ ~rqmj.~.>v. Sh?J 1 d 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 estop the
company from asserting any right under the terms of this
policy; nor shall the terms of this policy be waived or . f' . , . . . . changed, except by. endorsement issued to'form.a,part of. ** '. ..a
this policy.
17. Assignment Assignment of interest under this policy shall
not bind the company until its consent is
endorsed hereon.
18. Cancellation This policy may.be cancelled by the named in- ---- sured by mailing to the company written notice
stating when thereafter the cancellation shall be effective.
This policy may be cancelled by the company hy mailing to
the named insured, contractor and governmental authority at
the respective addresses shown in this policy written notice
stating when not less than thirty days thereafter such can-
cellation shall be effective. The mailing of notice as ;ifcrey;,\i:; ~.:;,zi',I -:-.;A :,:,~,"ic-,~;;;'; - : i-~-,f ;-.f ;;;,+:'.,-c. T;'\i:? effrcti-v*e
d a t i-' <j.; ii t. : : j '.: J^ <:; 1: L ix , -i: i _.- . . t i c, "' . /. i _, ^S -,-ld..ti ..I. ; . . ty.<, :i<>:ic~ sh<>ll. be-
come the er~ci of the poleicy pcricd. Delivery of such written
notice either by tl~c named insured or by the company shall be
equiv&cnt to mai!i.ng.
1 )* f 1. “.
1 -
1.
I (
. :
If the named insured cancels, earned premium shall be
comp~:ted in accordance with the customary short rate table
and procedure. If the company cancels, earned premium shall
be computed pro rata. Premium adjustment may be made either
at the time cancellation is effected or as soon as practica-
ble after cancellation becomes effective, but payment or
tender of unearnec'i premium is not a condition of cancellation.
19. Declarations By acceptance of this policy the named insured
agrees that such statements in the declarations
as are made by him are his agreements and representations,
that this policy is issued in reliance upon the truth of such
representations and that this policy etiodies all agreements
existing between himself and the company or any of its agents
relating to this insurance.
IN WITNESS WEREOF, the
Indemnity Company has caused this policy to be signed by its president
and a secretary at t and countersigned on
the declarations page by a duly authorized agent of the company.
(FACSIMILE OF SIGNATURE)
Secretary
(FACSIMILE OF SIGXATLIXE)
President
: ._ .:‘. ‘, .‘* . *. .: . . . _. .“- .’ ,.. ., . . . ...‘, . ‘...
1.3 .
435-Ponto Poinsettia Lane OH-56
(Supplement)
SUPPLEMENTAL AGREEMENT, made as of this ? day of
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware
corporation, hereinafter referred to as "Santa Fe", and CITY OF CARLSBAD, a
political subdivision of the State of California, hereinafter, referred to as
"City".
RECITALS:
Santa Fe and City are now parties to a contract dated July 18, 1973, Santa Fe's
Secretary's Contract No. 142079, being hereafter referred to as "Original Contract",
under which City proposes to construct an overpass crossing of Santa Fe's San Diego -
Los Angeles tracks at Poinsettia Lane by means of a reinforced concrete structure and
approaches thereto to serve the new development in the City of Carlsbad, County of
San Diego, State of California.
The parties desire to modify the Original Contract as hereinafter provided.
AGREEMENT: \
It is mutually agreed that, Article I, Paragraph 4; Article II, Paragraphs 7 and 9; and
Article III, Paragraph 4(b) are deleted in their entirety and the following paragraphs
are substituted:
ARTICLE I
-
4. To submit to City periodic bills covering the cost of work performed by Santa Fe,
and upon c!ompletion of the structure, a detailed statement of final costs -. segregated as to labor and materials, 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, LJ. 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.
-l-
ARTICLE II
7. To require its contractor, or contractors, to notify Santa Fe 48 hours in advance
of any blasting, so that proper flagging protection may be provided to prevent
damage to Santa Fe's trains or property.
ARTICLE II
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.
ARTICLE III
4(b) Provided, further, that all expense incurred by Santa Fe, and billed to City, for
which City is obligated to reimburse Santa Fe, shall be in accordance with 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.
Also, Original Contract is further amended by the insertion of the Paragraphs 12, 13 and
14 to Article III, as follows:
12. Before entering upon Santa Fe's property for maintenance purposes, City will notify
the AGM-Engineering of Santa Fe in advance, to obtain proper authorisation 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-l" and "C-2",
and accepts responsibility of compliance by its prime contractor.
13. 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
-2-
hereto, cc> design defects, or (d) any other loss, damage, or expense arising under
either (a), (b), or cc), 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 site, (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 this provision is intended to, nor shall
be deemed or construed to indemnify Santa Fe from its sole negligence or willful
misconduct, or that of its agents, servants or independent contractors who are
directly responsible to it, as provided in California Civil Code Section 2782.
14. In the event that construction has not begun for a period of three years from date
of signing agreement, this agreement shall be null and void.
15. City agrees that, notwithstanding any provision herein to the contrary, if City
shall deem it necessary or desirable in the future to widen the structure herein
contemplated, it shall do so at its sole cost and expense and at no cost nor
expense to Santa Fe.
EXHIBITS
Exhibits A, B, C, C-l and C-2 are hereby revised and attached hereto.
X
X
X
-3-
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
BY
T&- E)(EClJTiVE l’ii;E FWiSiDENT
CITY OF CARLSBAD
BY
18561CR*
-4-
. L _ ._
6C 56 SECY’k NO. ’
EXHIBIT ” A”
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA ANtN5ANTA FE. RAILWAY COMPANY
Cm OF CARLSBAD
CHICAGO, ILLINOIS SCALE: 1 IN. TO 100 FT.
+i%?--- ,“i:T.
DATE: December 14, 1983
ii-iiEE~~--~~
DESCRIPTION APPROVED
Y To Fuller ton TO National City-
Description:
l A r&forced cotmeie
s fruc ture located on fhe
Railway Company> Righf
of way as shown bold.
l Land covered by this
contract sbovvn shaded.
A f Rant0
San Diep Countyp California C.E. DRAWING NO. 1 -O/O00
DIV. DWG. NO. DIV. FILE NO. G.M. FILE NO. zZZt&in-5h C.E. FILE NO.&922740071 ,4+m&‘a Lam OH AA/;?
- . -
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 make temporary and permanent changes in Communication and Signal
Systems for construction of Poinsettia Lane Overpass crossing of Los Angeles
Division, 4th District track at Mile Post 233+3841 at Ponto.
Office of A.G.M. - Engineering
Los Angeles, January 5, 1984
File: 435-Ponto (Poinsettia Lane)
ESL611856C
* . .- -.
THE AT( -‘SON, TOPEKA AND SANTA FE RAILW, COMPANY ' '
EXHIBIT "B"
MATERIAL: Temporary
Signal Material Comm. Material
Permanent
Signal Material
Comm. Material
Handling at Storehouse
Use Taxes
Transportation to Site of Job Equipment Rental
Estimated Cost of Material
LABOR:
Engineering, Inspection and Flagging
Corms. Engineering (Preliminary)
Comm. Engineering (Construction)
Temporary Work
Signal Engineering
Signal Labor
Communication Labor
Permanent Work
Signal Engineering
Signal Labor
Communication Labor
$ 3,854 1,314
6,351 1,085
630
794
298 1,105
$15,431
$5,000
78
78
180
1,803
2,066
270
2,705
2,066
Payroll Associated Costs (Vacation, Paid Holiday,
Retirement, Unemployment Tax, Health & Welfare
Benefits, Group Life Insurance, Workman's Comp. &
Liab. Ins., and Excise Tax)
Insurance Expenses
Billing and Accounting
Estimated Cost of Labor
Total Estimated Cost of Labor and Material
6,639
1,037 3,908
413
$26,243
$41,674
Contingency
Credit for Material Recovered
Total Estimated Cost of Work to be performed by Santa Fe
forces and paid for by the City of Carslbad
4,167
(675)
$45,166
Office of AGM-Engineering
Los Angeles, January 3, 1984
File: 435-Ponto
Poinsettia Lane O.H.
5634E/18564CH
. .e ,
EXHIBIT “C”
RELATIONS WITH RAILWAY COMPANY
-1.01 General.--The Contractor, as n prerequisite for award, shall he satisfactory as to his
responsihilicy and ability to perform the work over and across the prop+rty and over or under the
tracks or ‘The Atchison, Topeka and Santa Fe Railway Company.
It is expected that The Atchison, Topeka and Santa Fe Railway Company will cooperate with the
Contractor to the end that the work may be handled in an efficient manner, but the Contractor shall
have no claim for damages or extra compensation in the event his work is held up by the work of the
Railway Company forces.
-1.02 Agreement. --Before doing any work on Railway right of way, or property, the Contractor will
be reqnired to execute and deliver to The Atchison, Topeka and Santa Fe Railway Company a letter
agreement, in the form attached hereto, obligating the Contractor to provide and keep in full force and
effect the insurance called for under “insurance” of these special provisions.
-1.03 Railway 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 exprdite the work and to avoid interference with the operation of Railway equipment.
The Contractor shall comply with thr, rules and regulations of Railway or the instructions of its
rrplf~srlltaliv~~n ill rcnletion to tht, propt’l manner of protecting the tracks and property of Hailwsy and
th<, traffic moving on such tracks, as well as the wires, signals and other property of Railway, its
tenants or licensees, at and in the vicinity of the work during the period of construction.
The Contractor shall perform his work in such manner and at such times as shall not endanger or
interfere with the safe and timely operation of the tracks and property of Railway and the traffic moving on such tracks, as well as wires, signals and other property of Railway, its tenants or
licensees, at or in the vicinity of the work.
The Contractor shall take protective measures necessary to keep Railroad facilities, including
track hallast, 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
repairs or rrplacement 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
center of the nearest Railway track, or overhead lines, than permitted by the following clearances:
10 ’ -0” Horizontally from centerline of track
22’-6” Vertically above top of rail
27’-0” Vertically above top of rail for electric wires carrying less than 750 volts
28’-0” Vertically above top of rail for electric wires zarrying 750 volts to 15,000 volts
10 ’ - 0” V~~rtirillly :I~OVI, rap of rail for rltsctric wirrs Q nrrying 15,000 volts 11, 20,000 volts
‘j4 ’ -0” Vertically above top of rail for electric wires (.arrying more than 20,000 volts
Any infringement on the above clearances or walkways due to the Contractor’s operations shall be
suhmitted to the Railway and to the Engineer and shall not be undertaken until approved by the Railway, and until the Engineer has obtained any necessary authorization from the Public Utilities Commission
for the infringement. No extra compcnsarion will he allowed in the event the Contractor’s work is
delayed penriillg 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 protective devices Railway deems necessary for protection of Railway
trainmen or roil traffic.
The details of construction affecting the Railway tracks and property not included in the contract plans shall be suhmitted 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 rrom Railway and, should it be required, the Contractor shall obtain a private crossing agreement. The crossing installation for the use of the Contractor, if required, shall be at the expense of the Contractor.
1.
, _. .
The Contractor shall, upon completion of the work covered by this contract to be performed by the Contractor upon the premises or over or beneath the tracks of Railway, promptly remove from the
premises of Railway all of Contractor's tools, implements and other materials, whether brought upon
said premises by said Contractor or any Subcontractor, employI: or agent of Contractor or of any
Subcontractor, and cause said premises to be left in a clean .Ind presentable condition.
-1.04 Protection of Railroad Facilities:-
(I) Ilpon advance notification of not less than 24 hours by Contractor, Railroad representatives,
con~luctors, flagmen or watchmen will be provided by Railroad to protect its 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 equipment is standing or being operat.ed within 10 feet, measured
horizontally, from centerline of any track on which trains may operate, or when any erection or construction activities are in progress within such limits, regardless.of elevation above
or below track.
(b) For any excavation below elevation of track subgrade if, in the opinion of Railroad's
representative, 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.
(2) Railroad will furnish such personnel or other protective services when, in the opinion of
Railroad's representative, Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipelines, may be endangered.
(3) Information as to the Railroad employes which may be required to provide protection to Railroad facilities is as follows:
Maximum
NIIIIII~C r ( II) CIassiCicatil)n (8)
Base pay
for 8 h0urs (c) Headquarters (D)
Pilot Conductors 115.02 Fullerton
1 Yard Engine Foreman --
2 Yard Engine Helpers mm
1 Section Foreman 82.34
2 Trackmen 70.08
mm
--
Fullerton
Fullerton
1
2
B&B Foreman
B&B Carpenters
Oceanside
Oceanside
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, payment for overtime, number of hours to be paid for, and travel, meal and lodging allowances will be in accordance with lahor union agreements in effect at the time the work is performed.
To all direct labor costs, 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 Compensation Insurance; and Accounting and Billing. For estimating purposes
only, these additives collectively may he considered as approximately 65% of all direct labor costs.
The above rates are Eor information only, and rates in effect at the time of construction will be
Itsed.
The cost of all Railroad personnel, equipment, and facilities deemed necessary by the Railway and
provided by the Railway for the protection of Railroad facilities and trains, during the period of construction within Railway right of way and the cost of installing protective devices in the case
of impaired clearance, shall be borne by the Contractor. The Contractor shall be responsible for
payment of all costs incurred for any damages to Railroad roadbed, track and/or property resulting
from use, occupancy, presence of its employes or agents on or about the construction site.
(4) Railroad will submit its final bills for flagging and related services to City/" after
completion of the project. City/w will pay all flagging charges.
-1.05 Work by Railway Company.--Railroad will rearrange its tracks, telephone, telegraph, and
signal lines and appurtenances, and will perform any other work in connection therewith, except grading to be done by others.
ElBh/0937P
2.
’ - >
&~!j-I~III' "'- I " _
agreement between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CONTRACTOR IN CONNECTION WITH
The Atchison, Topeka and Santa Fe Railway Company
One Santa Fe Plaza, 5200 E. Sheila Street
Los Angeles, CA 90040
Attention: General Manaqer
Gentlemen:
The undersigned has entered into a contract dated
certain work in connection with
,19, with the
, for the performance of
--._--__. -- __--___ in the pcrformancr> of which work the undersigned will necessarily be required to conduct operations
w.ithin your riqllt of way and proiicrty. The Contract provides that no work shall bc 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
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, it? 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 cc), and all fines or penalties impoaed upon or assessed against Santa
Fe, and all expenses of investigating and defending against same, arising in any manner out of (1) use,
occupanci 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 Fe 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 herewith:
(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 limita- 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, payment 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.
1.
, -- 1 . . -
AT&SF Railway Co. Date: -__--
Kindly acknowledge receipt of this letter and of the insurance policies herein provided to be
furnished to you by signing and returning to the undersigned a copy of this letter, which shall there-
upon constitute an agreement between us.
Yours truly,
Receipt of the foregoing letter and of the policies
and certificates of insurance herein provided to be
furnished is hereby acknowledged this
day of n 19-t
THE. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
BY
2.
EXHIBIT “C-2”
RAILROAD PROTECTIVE INSURANCE
In addition to any other form of insurance or bonds required under the terms of the contract
and speci lications, the Contractor will be required to carry insurance of the kinds and in the amounts
horeinaftr.r specified. Such insurance shall be approved by:
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
hereinafter called “Railroad” before any work is performed on Railroad property 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
certiEied copies of all policies as hereinafter specified shall be furnished to the Engineer.
‘The Contractor shall. furnish the Engineer wit11 One (1) certified copy of each of the executed
policies r-squired hy 1, 2, and 3 below, and in addition, shnll furnish Railroad through the Engineer,
one* (1) ccrtificatc reflecting the existence of the executed policies required by 1 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.
Fl111 compensation for all premiums which the Contractor is requirecl to pay on all the
insurance described hereinafter shall be considered as included in the pricc,s paid for the various
items of work to be perfori”ed 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 O.---.
1. Contractor’s Public Liability and Property
Damage Liability Insurance
T\N? 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 a8 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 subcontractors 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
Railroad’s property or that of any of his subcontractors who do work within or adjacent to Railroad’s
property, have issued and furnished separately, policy or policies of insurance in the Railroad
Protective Liability 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.
1.
. .: . .t
RAILROAD PROTECTIVE LIABZLITY FORM
(Name of Insurance Company)
DECLARATIONS
ltem 1. Named Insured:
The Atchison, Topeka and Santa Fe Railway Company One Santa Fe Plaza, 5200 E. Sheila Street
Los Angeles, CA 90040
Item 2. Policy Period: From to
12:Ol a.m., Standard Time, at the designated job site stated herein.
The insurance aPfortled is only with respect to such oC the following covet-ages ss are
indicated in Item 6 by specific premium charge or charges. The limit of the Company's
liahilrty against such coverage or coverages shall be as stated herein, subject to all the
terms of this policy having reference thereto.
Cover-ages
A Bodily Injury Liability $2 million Combined Single Limit per
occurrence, with an aggregate limit of
$6 million for the term of the policy. R Property Damage Liability
& C and Physical Damage to
Property
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Ttem 4. Name an(l Address of Contractor:
Item 5. Name and Address 01 Governmental Authority for whom the work by the Contractor is being
pl*rformed:
Limits of Liability
Item 6. Designation of the Job Site and Description of Work:
I'rrmium Rates per $100 of cost Advance Premiums
I%ascs Coverage A Covet-ages B&C Coverage A Coverages B&C
Contract
(:ost $ $ s $ Rental
cost $ $ $ $ -_--___-_-_--__---_-----------------------------------------------------------------
Countersigned 19 BY
l'OI.ICY
(Name of Insurance Company)
2.
I , .J
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 reliance upon the statements in the Declarations madI> by the named insured and subject to all of
the terms of this policy:
INSURING AGREEMEN’TS
I. Coverage A - Bodily Injury Liability
To pay on behalf of the idsured all sums which the insured shall become legally obligated to
psy as damages because of bodily injury, sickness, or disease, including death at any time
resulting therefrom, hereinafter called “bodily injury”, either (1) sustained by any person arising out of acts or omissions at the designated job site which are related to or are in connection with
the work described in Item 6 of the Declarations, or (2) sustained at the designated job site by the contractor or any employe of the contractor or by any designated employe of the insured whether
or not arising out of such acts or omissions.
Coverage B - Property Damage Liability
To pny on hehalf of the insured all sums 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 described in Item 6 of the Declarations.
Coverage C - Physical Damage to Property
To pay for direct and accidental loss of or damage co 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 ar+: 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 l<*ase or trust agreement.
II.
(3)
(b)
( (’ 1
Cd)
III.
Definitions
Insured - The unqualified word “insured” includes tlie named insured and also includes any xve officer, director or stockholder thereof while acting within the scope of his duties
as such.
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) any 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.
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.
Defensr, Settlement, Supplementary Payments
With respect to such insurance as is afforded by this policy under Coverages A and 8, the
Cnmpany shall:
(a) defend any suit against the insured alleging such bodily injury or property damage and seeking
damages which are payable under the terms of this policy, even if any of the allegations of
the suit are groundless, false or fraudulent; but thr: Company may make such investigation and
settlement of any claim or suit as it deems expedient;
3.
.
.
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the Company, all costs taxed against the insured in any such
suit and all interest on the entire amount of any judgment therein which accrues after
entry of the judgment and before the Company has paid or tendered or deposited in court
that part of the judgment which does not exceed the limit of the Company’s liability
thereon:
(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)
(b)
Cc)
(d)
(e)
(f)
(P)
to liability assumed by the insured under any contract or agreement except a contract as
defined herein;
to bodily injury oi- property damage caused intentionally by or at the direction of the insured;
to bodily illjury, property damage or loss which occura after notification to the named insured
01 the acceptance of tile work by the governmental authority, other than bodily injury,
property damage or loss resulting from the existence or removal of tools, uninstalled
equipment and abandoned or unused materials;
under Coverages A(l), 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;
under Coverage A, to any obligation for which the iilsured 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 Act, U.S. Code
(19461, Title 45, Sections 51-60, as amended, shall for the purposes of this insurance be
deemed not to be any similar law;
under Coverage B, to injury to or destruction ofproperty (I) owned by the named insured or
(II) leased or entrusted to the named insured under a lease or trust agreement.
1. Under any Liability Coverage, to injury, sicknf:as, disease, death or destruction:
(a) with respect to which an insured under the policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability Underwriters or Nuclear
Insurance Association of Canada, or would be an insured under any such policy but
Eor its termination upon exhaustion of its limit of liability; or
(h) resulting from the hazardous properties 01 nuclear material and with respect to
which (1) any person or organization is rt,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
organisation.
2. Under tiny medical Payments Coverage, or under any Supplementary-Payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to
bodily injury, sickness, disease or death resulting from the hazardous properties of
nuclear material and arising out of the operation of a nuclear facility by any person or
organization.
4.
; .
3. Under any Liability Coverage, to injury, sickness, disease, death or destruction
resulting from the hazardous properties of nuclear material, 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 contained in spent fuel or waste 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 the
planning, construction, maintenance, operation or use of any nuclear facility, but
if such facility is located within the United States of America, its territories or
possessions or Canada, this cxclusio~~ (cj 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 organisation of any nuclear
facility included within the definition of nuclear facility under Paragraph (a)
or (b) thereof;
“nuclear facility” means:
I;;
any nuclear reactor
any equipment or device designed or used for (I) separating the isotopes of
uranium or pltltonium, (2) processing or utilizing spent fuel, or (3) handling,
processing or packaging waste;
(c) any equipment or device used for the processing, fabricating or alloying of
special nuclear material if at any time the total amount of such material in
the custody of the insured at the premises where such equipment or device is
located consists of or contains more than 25 grams of plutonium or uranium 2.33
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.
(h! 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.
.e CONDITIONS
(The cortdi t ions. except conditions 3, 4, 5, 7, 8, 9, 10, 11 and 12, apply to all coverages.
Conditions 3, 4, 5, 7, 8, 9, 10, 11 and 12 apply only to the coverages noted thereunder.)
1. Premium The premium bases and rates for the hazards described in the Declarations, are stated
therein. Premium bases and rates for hazards not so described are those applicable
in accordance with the manuals in use by the Company. The term ” contract cost” means the
total cost of all work described in Item 6 oF the Declarations.
Thl~ Leml “rental cost” means the total cost to the contractor for rental of work trains or
other railroad equipment, including the remuneration of all employes of the insured while
optsrating, attache,1 to or engaged thereon.
The advance premium stated in the Declarations is an estimated premium only. Upon termination of this policy the earned premium shall be computed in accordance with the Company’s rules,
ral.eu, rating plans, premiums and minimum premiums applicable to this insurance. If the
earned premium thus computed exceeds the estimated advance premium paid, the Company shall
look to the Contractor specified in the Declarations for any such excess; if less, the Company
qhall return to the said contractor the unearned portion paid.
In no 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 ‘Item 6 of the Declarations.
3. Limits of Liability The limits of bodily injury liability stated in the Declarations as
Coverage A applicable to “each person” is the limit of the Company’s liability for
all damages, including damages for care and loss of services, arising out
oE 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, Ihe total limit of the Company’s liability for
all such damnge arising out of bodily injury sustained by two or more persons as the result of
any one occurrence.
4. J,imits of Liability The limits of liability under Coverages B and C stated
Coverages BhC as applicable to “each occurrence” is the total limit of the Company’s
arising out of physical injury to, destruction or loss of all property of
one or more persons or organizations, including the loss of use of any property due to such
injury or destruction under Coverage B, as the result of any one occurrence.
Subject to the above provisions respecting “each occurrence”, the limit of liability
under Coverages B and C stated in the Declaration as “aggregate” is the total limit of the
Company’s liability for all damages and all loss under Coverages B and C combined arising out
of phvsical 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 limit of the Company’s liability for loss shall not exceed the
actual cash value of the property or if the loss is of a part thereof the actual cash value of
such part; at time of loss, nor what it would then cost to repair or replace the property or
such part thereof with other of like kind and quality.
5. Severality of Interests The term “the insured” is used severally and not collectively, but the
Coverages A&B inclusion herein of more than one insured shall not operate to
increase the limits of the Company’s liability.
6 . Not ice In the event of an occurrence or loerr, ---- written notice containing particulars
suCfisient 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 authorised 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 be imperative at the time of
accident.
a. Action Against Company No action shall lie against the Company unless, as a condition
Coverages A&B precedent thereto, the insured shall have fully complied with all the
terms of this policy, nor until the amount of the insured’s
obligation to pay shall have been finally determined either by judgment against the insured
after actual trial or by written agreement of the insured, the claimant and the Company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to the
extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the insured to
determine the insured’s liability. Bankruptcy or insolvency of the insured or of the insured’s estate shall not relieve the Company of any of its obligations hereunder.
6.
Coverage C No action shall lie against the Company, unless, as a condition precedent thereto,
there shall have been full compliance with all the terms of this policy nor until
thirty days after proof of loss is filed and the amount of loss is determined as provided in
rhiH policy.
9. Insured’s Duties in Event of Loss In the event of loss the insured shall:
Coverage C
(a) 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;
(h) file with the Company, as soon as practicable after loss, his sworn proof of loss in such
form and including such information as the Company may reasonably require and shall, upon
the Company’s request, exhibit the damaged property.
10. Appraisal If the insured and the Company fail to agree as to the amount of loss, either may,
Coverage C within 60 days after the proof of loss is filed, demand an appraisal of
the loss. In such event the insured and the Company shall each select a
competent appraiser, and the appraisers shall select a competent and disinterested umpire.
The appraisers shall state separately the actual cash value and the amount of loss and failing
to agree shall submit their differences to the umpire. An award in writing of,any two shall
determine the amount of loss. The insured and the Company shall each pay his chosen appraiser
and shall bear equally the other expenses of the appraisal and umpire.
The Company shall not be held to have waived any of its rights by any act relating to
appraisal.
11. Payment of Loss The Company may pay for the loss in nioney but there shall be no
Coverage 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. Subrogation 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 organisation and the insured shall execute and deliver instruments and papers and do
whatever else is necessary to secure such rights. The insured shall do nothing after loss to
prej3dice such rights.
14. Application of Insurance The insurance afforded by this policy is primary insurance.
15. Three-Year Policy A policy period of three years is comprised of three consecutive annual periods. Computation and adjustment of earned premium shall be made at
the end of each annual period. Aggregate limits of liability as stated in this policy shall
apply separately to each annual period.
16. 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. 4,s !~~~II1’11 I Assignmcant of interc?et under this policy ~l~oll not bind the Company until ire
consent is endorsed hereon.
18. Cance\l.ation This policy may be cancelled by the named insured by mailing to the
Company written notice stating when thereafter the cancellation shall be
efEective. 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
noLice stating when not less than thirty days thereafter such cancellation shall be
effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancellation stated in the notice shall become the end of the
policy period. Delivery of such written notice either by the named insured or by the Company
shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance with the
customary short rate table and procedure. If the Company cancels, earned premium shall be
computed pro rata. Premium adjustment may be made either at the time cancellation is effected
or as soon as practicable after cancellation becomes effective, but payment or tender of
unearned premium is not a condition of cancellation.
7.
_I
19. Declarations By acceptance of this policy the named insured agrees that such statement
in the Declarations as are made by him are his agreements and
representat ions, that this policy is issued in reliance upon the truth of such representations
and that this policy embodies all agreements existing between himself and the Company or any
oE its agents relating to this insurance.
IN WITNESS WHEREOF, the Indemnity Company has caused
this policy to be signed by its president and a secretary at and countersigned on the Declarations page by a duly authorized agent of the Company.
(FACSIMILE OF SIGNATURE) (FACSIMILE OF sTCNATURR)
Secretary President
E18af0936P
8.
-;
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE:
(714) 438-5535
March 12, 1984
Atchison, Topeka & Santa Fe Railway Attn: A.H. Renne Assistant General Manager One Santa Fe Plaza 5200 East Sheila St. Los Angeles, CA 90040
Re: Supplemental Agreement for Construction and Maintenance of Poinsettia Lane Bridge
The Carlsbad City Council, at its meeting of March 6,
1984, adopted Resolution No. 7529, approving a supplemental agreement for the construction and mainte- nance of the Poinsettia Lane Bridge.
Enclosed is a copy of the agreement with original signatures. Also enclosed is a copy of Resolution No. 7529.
If you have any questions regarding this matter, please don't hesitate to contact this office.
Dgputy City Clerk
Enc.