HomeMy WebLinkAbout1973-07-17; City Council; 1024-1; Poinsettia Lane Grade SeparationSupplement NO, 1 . Oste- 1973.- 99 i 024 \* .* , 'B.c,-.~d3 13 i I I .o. - ___-
Referred To:
-- Sc!b j ect : . Submitted By:'
Agreement with Santa Fe Rai 1 road for Poinsettia
Lane Grade Separation. Pub'l ic Works Di rector
- Statemznt of the Matter
The subject grade crossing has been approved on the 1973 Public Utilities
priority ljst for grade separations. In order to recepive an allocation
of funds (50% of cost) for 1974 from the State Grade Separation Fund, the City is required to make its submittal to the State Highway Commission by
August 15, 1973. .
One of tbe requirements of the appj ication is an 'executed agreement between City and the Railroad. The Engineering Division has been diligently work-
ing with the Railroad and has received a preliminary draft of the agreement.
The Agreement contains all the necessary technical data and has been fore-
warded to the City Attorney for review.
Exhibit
1) Draft of Agreement with Railroad.
2) Resolution Number- . $2/yF# authorizing Mayor to execute final
agreement with the anta e Rai lroad. -- *
Staff Recommendations
Adopt Resolution No. 9/7f authorizing the Mayor to execute agreement for Poinsettia Lane Overcrossing with Santa Fe Railroad.
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Da tc. July 17., 1973 ,. 1024 Supplk 2nt No. -- AB No. .. .. . *. .. ..
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.. .- .' City filanaqerts Recommendation
Concur. .r ... .
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.Resolution.#3174 was adopted, authorizing and directing'execution' of Agreement with' the A.T. & S:F; Railway .Company regarding Poinsettia- Lane Grade Separation.
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7-17-73
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day of - AGREEMENT, made this
197 , between THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a Delaware Cor-
poration, hereinafter called "Santa Fe"
and the CITY OF CARLSBAD, a political sub-
division oE the State of California, here-
inafter referred to as "City".
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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 the
new ueveiopment in he ciry of carisbaa, councy or ban uiego, stace 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 of Drawing C. E. C. L. No. , dated
marked Exhibit "A" attached hereto and made a part hereof.
?
The parties hereto desire to express in writing their understandings
and agreernent pursuant to which said structure is to he constructed, used, and
maintained.
1.
AGREEMENT
I
ARTICLE I
IN CONSIDERATION of the covenants of City hereinafter contained
and the faithful performance thereof, Sant.a Fe agrees:
1. Give or grant and hereby does give or grant to City, its suc=
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
right of way outlined in green on said Exhibit
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
grec3 ~1tlhe3 prrrcel and t3 use the airspace ever thz sane &ovz a ~ltr.2
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.
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.
"A" for highway purposes and
Santa Fe does not warrant its title
2. To furnish all labor, materials, tools and equipment necessary
to do the
(a)
following:
Make such changes in the alignment, location and ele-
vation of its telphone, telegraph, signal and/or wire
lines and appurtenances, including Western Union Lines,
along, over and under its tracks, as may become neces-
sary by reason of the construction of said structure.
Furnish inspectors, watchmen and flayen as may be neces-
sary for the safety of its property and the operation of
its trains during the construction of said structure.
2.
I
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.
performed by Santa Fe, and upon completion of th-e 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.
To submit to City periodic statements covering the cost of work
ARTICLE I1
. IN CVNSTDERATION 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 drai.nage 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.
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5. To make any and all arrangements that may be necessary to
secure the location or relocation of wire lines, pipe lines and other facil-
ities, owried by private persons, companies, corporations, political subdi-
visions or public utilities other than Santa Fe and Western Union, which it
may be found necessary 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.
8. Te rq2ire itc cmtrtCteri or contrEctors, to furnish 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.
of such falsework will impair clearances requested by City in its application
In case the use
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-Z", attached
hereto and made a part hereof.
4.
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1C. 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:
That no work shall be commenced over or adjacent to Santa
Fe track until the prime contractor employed in connection
with said work shall have (i) executed and delivered to
Santa Fe a letter agreement in the form attached hereto as
Exhibit "C-1", and (ii) delivered to and secured the ap-
proval by Santa Fe of the insurance required by Exhibit IC-2".
That if, 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 and force the work specified in and by the terms of
said contract, it may in the manner provided by law, ter-
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 ccntractor to
comply with the obligations in favor of Santa Fe herein-
above set out in Section 10 of this Article 11, and pro-
vided, further, that if such construction is performed
by day labor, City will at its expense procure and main-
tain in behalf of Santa Fe insurance required by Exhibit
'IC-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 111, Section 4, hereof.
AIFICLE I11
IN CONSIDERATION of the premises it is mutually agreed:
1. That all work contemplated in this ageement shall be per-
formed in a good and workmanlike manner and to the satisfaction of the
parties hereto, and each portion shall be promptly comenced 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 be constructed to accommodate the
existing track of Santa Fe and to provide for a four-lane thoroughfare,
with a minimum overhead clearance above top of rail of twenty-three (23)
feet. The work shall be done in accordance with detailed plans approved.
by both parties and subject to approval by the Public Utilities Commission
of the State of California, with minimum clearances of not less than those
specified in General Order No. 26-D of said Commission.
3. That City will bear the entire cost and expense incurred 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:
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
WgI# , 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
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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.
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6. 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.
7. That the construction of said structure shall be performed .
and effected in such a manner as to interfere as little as possible with
the safe operation of locomotives, trains and cars of Santa Fe over its
tracks.
8. 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 City, its
agents or employees.
(b) City will, at its sole cost an2 c~ense, rncintair, cEid
sixucLurs, iigntinq , iiighway rirainage, hignway approaciies .
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.
9. That if Santa Fe shall deem it necessary or desirable in the
future, in the performance of its duty as a comn 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, provided 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 nro jects , the
tal to alteration of railroad
cost of such work, including any cost inciden-
or highway facilities made necessary by the
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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.
12. 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 I1 hereof, without the consent and approval of Santa Fe.
13. That the books, papers, records and accounts of the parties
hereto, insofar as they relate to the item of expense for labor and i-eateriai,
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 not less than three
years from the date of final payment.
14. 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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IIM WZTNESS WHEREOF the parties hereto have duly executed this
agreemer.t the day and year first above written.
ATTEST :
APPROVED:
Asst. General Manager-Engineering
APPROVED AS TO FORM:
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY
BY
Its
CITY OF CARLSBAD
BY
Its
ATTEST :
General Attorney
City Clerk
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9.
SECTION
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EXHIBIT "C"
RELATIONS WITH RRI LWAY COMPANY
1
General.--The Contractor, as a prerequ-site for award, sha 1
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 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 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 work is over
or under the tracks, or within the limits of Railway property in order
to expedite the work and to avoid interference with the operation of
Railway equipment.
The Contractor shall comply with the rules and regulations of Railway
CIY b-. CLrr -._- *-*a : nrtr.r"ti *nc Cf Ftr ~zpr~re~t2ti~.~~z 52 Zcl,?tF?r: tz th,2 pq3z
manner' of protecting the tracks and property of Railway and the traffic
moving on such tracks, as well as the wires, signals and other property
of Railway, its tenants or licensees, at and in the vicinity of tne 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 or in tne 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 following clearances:
10'-0" Horizontally from center line of track.
22*-6" vertically above top of rail
27'-0" vertically above top of rail for electric wires carrying less
28'-0" vertically above top of rail for electric wires carrying
30'-0" vertically above top of rail €or electric wires carrying
34'-0" vertically above top of rail for electric wires carrying
tian 750 volts.
750 volts to 15,000 volts.
15,000 volts to 20,000 volts.
:;ore ti::.:? 2<, 2'30 volts.
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-1.04 Protection of Railroad Facilities .-- (1) Railroad Representatives ,
conductors, flagmen or watchmen will be srovided by Railroad to protect
its facilities, property and movements of its trains or engines. In
general ,
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Railroad will furnish such personnel or other protective services:
When *any part of any equipment is standing or being operated
any track on which trains may operate, or when any erection within 10 feet, measured horizontally, from center line of ?,
limits, regardless of elevation above or below track. or construction activities are in progress within such "4 1 ik !- ;\.
For any excavation below elevation of track subgrade if, in the opinion of Railroad's representative, track or other
railroad facilities nay be subject to settlement or movement.
During any clearing, grubbing, grading, or blasting in
proximity to raiiroad facilities which, in the opinion of
Railroad's representative, nay endanger railroad facilities
or operations.
During any of Contractor's operations when, in the opinion
of Railroad's representative, railroad facilities; including,
but not limited to, tracks, buildings, signals, wire lines
or pipe lines; may be endangered.
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(2) Infamation as to the railroad ennloyees whFch may be required
to provide protection to railroad facilities is as follows:
Maximum
Mumher (A)
3
Notes :
Rase Pay
Classification (b) for 8 hours (c) Headquarters (d)
Pilot Conductors 36.37 Los Anqcles
Yard Enqine Foreman 42.91 Los Ancjeles
Yard Enqine Helners 40.07 Los Anqeles
Section Foreman 41.90 Oceanside
Section Laborers 32.08 Oceanside
B&B Foreman 43.62 Oceanside
BFrB Carpenters 37.14 Oceans i de
) A full flaqainq crew consists of 3 men, as ipdicated in
above grouning. Under certain conditions, less than
3 men may be sufficient.
) The Classifications are skwn solely for the prosnective
bidders' infornation, and there is no guarantee that the
above classes of lahor will actuallv be used, or that
the rates of nav shown in Column (c) will be those in
effect at the time the work is undertaken.
) Show base pay for normal eight-hour shift in effect
on A?ril 1, 1973 . ?Toma1 overtime rate after
eight hours is 14 times base rate.
(d) Estimated costs for travel per employee from headauarters
to job site and return is 7.00 per round trin. The
estimated dailv cost for msals and other accommodations
is 25.00 - per emnloyee.
To all dFrect labor costs, there shall he added additional charges for
vacation allowance; holiday pay; health and welfare; railroad retirement
and unemployment taxes: nuhlic liabilitv, pronertv damage, and workmen's
comnensstion insurance: and accountinq and hillina. For estimatinq nur-
poses only, these additives collectively may be considered as approxinatinq
40 per cent of direct labor costs.
be used as a basis for the submitting of bids shall be the resnonsibilitv
of the prospective bidders.
The determination of the cost of flagqing and protective devices to
3.
(3) Railroad will submit its final bills for flagging and related
services tc: City after completion of the project. City will pay a11
flagging charges.
-1.05 Work by Railway Company. - Railroad will rearrange its te’c-
phone, telegraph and signal lines and appurtenances, and vi11 performiany
other work in connection therewith.
The work by Railway will he done with its own forces and is not a
part of the work under this contract.
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EXHIBIT C-I.
I
AGREEMENT BETWEEN THE ATCHISON, TOPEKA
AND SANTA FE KAILWAY COMPANY
AND THE CONTRACTOR
STRUCTURE ACROSS THE TRnCKS OF
IN CONNECTION WITH THE CONSTRUCTION OF A GRADE SEPARATION
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.
197 ,
nection - The undersigned has entered into a contract dated I
with the City of Carlsbad for the performance of certain work in con-
with the construction of said grade separation structure in the peir-
formance of which work the undersigned will necessarily be required to conduct
operations within your right of way and property. The agreement between you
_)I_c nc ::crL, sl.nAl kc ...--m..mmd ..;+I.:n ..-..- .-<-I.+ -e
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.
- -..-.. Lll-ru ,.4+A..-4- I-"- -..L.,.'C -i +Le Pit.. -Fm*v4,4a- +h-t C..+ A*- c-cl y.-u.&Y-L
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 i.n 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 is
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".
Ic-4
Kindly ackcowledge receint of this letter and of the insurance showings
herein provided to be furnished to you, by signing and returning to the under-
signed a copy Df this letter, which shall thereupon constitute a3 agreement
between us.
Yours truly,
(Company name)
Its
Receipt of the foregoing letter and of
the policies and certificates of insur-
ance therein provided to be furnished
is hereby acknowledged this
-- day of I 19-
THE ATCHISON, TOPEKA AND SANTA FE MILWAY COMPANY
2.-
--
s ECT P0:J
Such insurance shall be approved by
THE ATC!-?IsON , TOPEX3 AND S.WJT.4 FE RA1LT;'AY COt!PAPSY
here.; nafter caller3 "Railroad" before any work is performed on Railroad
nroperty and shall be carried until all work required to be performed on
or adjacent to the Railroad's propertv under the terms of the contract is
satisfactorily conpletd as deternined by the Road Commissioner, and there-
after until all tools, eauiDment and naterj.al have been renoved frorn Rail-
road's pro?crty and such property is left in a clean and presentable condition.
The insurance hercln required shall he obtained hy the successful bidder
' and the criglnal and certified conies of all policies as hereinafter speci-
, fied shall he furnished to the Road Comissioner, County of Los Anqcles, Road
Department, P. 0. Box 4389, Los knqeles, Calif. 90054.
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The Contractor shall furnish the Enqineer with one (1) c6rtified copy of
each of the executed policies required by 1, 2 and 3 below, and in acldition,
shall furnrsh Rail road tkrouqh the Engineer, one (1) certificate reflectkg
the existence of the executed policies recruired by 1 and 2 and the original
policies of the insurmce required by 3 below.
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k certification 011 such copies of insurance shali guarantee that the
policy under 1 2nd 2 will not be zrzcnded, altered, modified, or canceled inso-
far as the coverage contemplated hereunder is concerned, without at least ten
(LO) days notice nailed by registesed mail to the Enqineer and to Railroad.
Full conFensation for all premiums which the Contractor is required to
pa;' on all. the insurance described hereinafter shall he considered a5 included
in the prices paid for the various items of work to be performed under the
contract, and no additional allovance will be made therefor or for additional
prerniurns vhich may be required by extensions of the policies of insurance.'
The approximate ratio of the estimated cost of the work over or under or
within 50 feet of Railroad's tracks to the total estimated contract cost is
0.---.
1. Contractor's Public Liability and Property
Damage Liability Insurance
The Contractor shall, with respect to the operations he perform within
or adjacei!t to Rallro;cI's property, carrv reqular contractor's Puhlic Liability
and l~rnpcrty Danaqe Liali?: lit:? 1nsur:ance provi.ding for the same 15.nits as
sncciflcd for ?aj.lro?.d Is Protective Public Liability and Property Danaqe Lia-
bility Insurance to be furnished for and in hchalf of Railroad 2s hereinafter
provided.
j
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 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. 90014.
Railroad Protective Liability Form
(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
Policy 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
fcllowinp coverages as are indicated in Itern 6 by scecific
prei~iuz c;i;:xye or charges. The liin:.t of the coxi?a;iy's
liability against such coverage or coverages shall be as
stated herein, subject to all the terms of this policy having
reference thereto.
2.
Item 3. (continued)
Coverages Limits of Liability
A Bodily Injury Liability
Each Person Ea.Occur. Aggregate
$500,000 $1,000,000 Not Appl.
Item 4.
Item 5.
Item 6.
Name and address of Contractor:
-
Name and address of Government 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.
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 €overage W ?overages B&C coverage -A Coverages RM:
Con tract
Rental
cost $' $ $ $
Cost $ $ $ $
--
Countersigned 19 - BY
7
Title
POLICY
(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.
. . .I
INS U RI NG AGREEMENTS
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, 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 employee of the contractor or by any
designated employee of the insured whether or not arising
out of such acts or omissions.
Coverage B - Property Damage Liability
To pay on behalf of the insured all sums which the insured
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, herein-
a€+,..- c.-lled It-. p~w,+L -.-..--e Ly diizage 'I , arising out of acts or omissions
at the designated job site which are related to or are in con-
nection with the work described in Item 6 of the declarations.
LC L
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 power 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.
11. Definitions
(a) Insured - The unqualified word "insured" includes the
named insured and also includes any executive officer,
director or stockholder thereof while acting within the
scope of his duties as such.
(b) Contractor - The word "contractor" means the contractor
designated in Item 4 of the declarations and includes
all subcontractors of said contractor but snall not
include the named insured.
4.
(c) - nesiynated employee of the insured - The words "designated
employee of the. insured" 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 exclusively 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 property, 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.
111. Defense, Settlement, Supplementary Payments
__. rr1i.h Lespecc tu such insurance as is ariorueci by ais
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 terms of this policy,
even if any of the allegations of the suit are ground-
less, false or fraudulent; but the company may make
such investigation and settlement of any claim or
suit as it deems expedient;
(b) pay, in addition to the applicable limits of liability:
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 judg-
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;
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
liabiiiL:,. ZZ =:lis policy, but without obliqation
to apply for or furnish any such bcnds;
5.
(5) 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 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 bs2!11y izjury, Froierty dzqage or loss which occurs
. atter notiiication LO tile nanieu iiisured oE Llic ac~t?pL--
ance 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 ant2 abanc3ned nr unused materials;
(d) 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 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 by the named insured or (11)
leased or entrusted to the named insured under a
iacise or trust ac_rrcement.
6.
1. gilder any Liability Coverage, to injury, sickness, disease, death
or destruction .
(a) with respect to which an insured under the policy is also
ai? insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any
such policy but for its t.ermination 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 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 organization.
2. Under any Medical Payments Coverage, or under any Supplementary-
Payments provision relating to immediate medical or surgical
relief, to expenses incurred with respect to bodily injury,
sickness, disease or death resulting from the hazardous properties
of nuclear material and arising out or' rne operatiori of a riuciear
. 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 connection 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.
4. hs used in this exclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;
"nuclear material" means source material, special nuclear material
or byproduct material;
"source material", "special nuclear material", and "byproduct
material" have the meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor ;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating
J-1- - u~Fj ~SO~G~E?S ~f iiraiii*Lii CT sliit~ni--i, (2) procesair,g ox
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 233 or any combination thereof, or more than 250
grams of uranium 235.
(d) any structure, basin, excavation, premises or place prepared
or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located,
all operations conducted on such site and all premises used for
such operations;
"nuclear reactor'' means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain
a critical mass of fissionable material;
With respect to injury to or destruction of property, the word
"injury" or "destruction" includes all form of radioactive
contanination of property.
(h) under Coveracjc C, to loss due to nuclear reaction, nuclear radiation
or radioactive contamination, or to any act or condition incident to
any of the foregoing.
8. .
CONDITIONS
(The conditions., 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 coverage noted
thereunder. 1
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.
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
premium applicable to this insurance. If the earned premium
thus computed exceeds the estimated advance premium paid, the
tions for any such excess; if less, the company shall return
to the said contractor the unearned portion paid.
c-LT.L..a-n;. c>*-ll IC2,\ kc t1-r- r..-".tr-.-4--r 4: -a 4- tL- d--l---.- c*.* -d**..*-"&b- It-"--&-- Ai- L..- LCIIYL-.
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 -
Coverage A stated in the declarations as appli-
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
limit of the company's liability for all such damage arising
cut of to2ii.7 -r.- -- T: sustained by two or more pexsons as the
result or: any ~:,e ezcurrence.
'The limits of bodily injury liability
cable to "each person" is the limit
9.
b
h
4. - Limits of Liability
Coverages B c; C
The limit of liability under Coverages
B and C stated in the declarations as
applicable to "each occurrence" is the
total limit of the cornp;ny's liability for all damages and
all loss under Coverages B and C combined arising out of
physical injury to, destruction or loss of all property of
one or more persons or organizations, including the loss of
use of any property due to such injury or destruction under
Coverage B, as the result of any one occurrence.
Subject to the above provisions respecting "each occur-
rence", 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 Cover-
ages B and C combined arising 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 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 --1_
Coveraaes A and R
The term "the insured" is used
sever3 J 1 y and nnt pol 1 aTti-valy,
but the inclusion herein of more
than one insured shall not operate to increase the limits
of the company's liability.
6, Notice In the event of an occurrence or loss, written
* notice containing particulars sufficient to
identify the insured and also reasonably obtainable 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.
7. Assistance and Cooperation 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
other than for such immediate medical and surgical relief to
others as shall be imperative at the tine of accident.
10.
8. Action Against Company
Coverages A and I3 unless, as a condition precedent thereto,
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.
No action shall lie against the company
the insured shall have fully complied
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 in-
sured 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.
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 this policy.
9. Insured's Duties in Event of Loss In the event of loss the
Coveraae C insured shall:
(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 re-
coverable under this policy; reasonable expenses
incurred in affording such protection shall be
heemed incurred at the company's request;
(b) file with the company, as soon as practicable after
loss, his sworn proof of loss in such form and in-
cluding such information as the company may reason-
ably require and shall, upon the company's request,
exhibit the damaged property.
10. Appraisal If the insured and conpany fail to agree
Coveraae C as to the amount of loss, either may, within 2 - 60 days after the proof of loss is filed
demand an appraisal of the loss.
and the company shall each select a competent appraiser,
and the appraisers shall select a competent and disinter-
ested 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.
In such event the insured
11.
The company shall not be held to have waived any of its
rights by any act relating to appraisal.
11. Payment of Loss The company may pay for the loss in money
Coveraae C but there shall be no abandonment of the
damaged property to the company.
12. No benefit to Bailee The insurance afforded by this policy
shall not inure directly or indirect-
ly to the benefit of any carrier or
Coverage C -
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
policy is primary insurance.
15. Three Year Policy A policy period of three years is com-
prised of three consecutive annual
periods. Computation and adjustment of earned premium shall
of liability as stated in this policy shall apply separately
to each annual period.
L.- ...-a- -c &L- --.a -C ---L __-.. -7 ---:-a n......----+- l:-:&- , YCI Il&--c- -b c- -&-rid U..I*AUCI.L ldb--Uu. -A-Jy.~-yb.&- -&-.LA. c-
16. Changes Notice to any agent or knowledge possessed by any
agent or by any other person shall not effect a
wai& 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
changed, except by endorsement issued to form a part of
this policy.
17. Assignment Assignment of interest under this policy shall
not bind the company until its consent is
endorsed hereon.
18. Cancellation This policy may be cancelled by the named 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 by mailing to
the named insured, contractor and governmental authority at
the respective addresses shown in this policy written notice
stating when not less than thirty days thereafter such can-
cellation 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 be-
come 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.
12.
*. ' t
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 practica-
ble after cancellation becomes effective, but payment or
tender of unearned 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 agreenents and representations,
that this policy is issued in reliance upon the truth of such
representations and that this policy embodies all agreements
existing between himself and the company or any of its agents
relating to this insurance.
IN WITNESS WHEREOF , the
Indemnity Company has caused this policy to be signed by its president
and a secretary at , and countersigned on
the declarations page by a duly authorized agent of the company.
(FACSINILE OF SIGNATURE)
Secretary
(FACSIIYILE OF SIGNATURE)
President
13.
c
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h
I’ u
RESOLUTION NO. 3173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION ON BEHALF 0,: THE CITY, OF AGREEMENT WITH THE ATCHESON, TOPEKA AND SANTA FE RAILWAY COMPANY REGARDING POINSETTIA LANE GRADE SEPARATION
Thc City Council of the City of Carlr’lad does hereby r
as follows:
olve
The Mayor of the City of Carlsbad is hereby authorized and
directed on behalf of the City to execute that certain agreement
with the Atcheson, Topeka and Senta Fe Railway Company regarding
proposed grade separation of the Santa Fe Tracks at Poinsettia
Lane (cross i ng /! 2-233.7-A).
PASSED, APPROVED, AND ADOPTED at a meeting of the City Council
of the City of Carlsbad, California held July 17, 1973, by the
14 ,:fo~ lowing vote, to wit:
15 !! AYES: Councilmen Dunne, McComas and Lewis.
I/
NOES: Councilmen Cnase and Fra l6 j j
17 11 ABSENT: None
19 ;(ATTEST:
t
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