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HomeMy WebLinkAboutResolution - 3309 - Agreement - ATSF Railway Comapny - Full-Depth Rubber Crossing, Quirt Avenue - 02_22_1990Resolution # 3309- February 22, 1990 I tem 1.9 JWF:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement to be entered into by and between said City and the Atchison, Topeka and Santa Fe Railway Company concerning the construction and reconstruction of a cross- ing of said Company's right-of-way by Quirt Avenue, a street which is an integral part of the street system of said City, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the min- utes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd to Boyd, City Secre APPROVED AS TO CONTENT: rry D. Hertel, City Engineer APPROVED AS TO FORM: V rth Fullingim, Assistant City nPV day of February B. C. McMIN , MAYOR , 1990. W The Atchison, Topeka and Santa Fe Railway Company 5770 South Eastern Avenue Los Angeles, California. 90040 March 1, 1990 2131889-7747 File: 05012923-58 CERTIFIED U.S. MAIL Return Receipt ReWsted R. Keith Smith, P.E. Engineering Department City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Re: Cost and Maintenance Agreement Covering Installation of Rubber Crossing Surface on Quirt Avenue, DOT No. 014-974Y, in Lubbock, Texas Dear Mr. Smith: This letter will acknowledge receipt of duplicate originals of Cost and Maintenance Agreement executed by the City covering the above -noted project, along with check in the amount of $21,427.20 (80% of estimated cost in agreement). Returned for your records is the executed City Original of the Cost and Maintenance Agreement and two copies of executed Exhibit C-1, Agreement with Santa Fe and contractor. For correlation of construction, please contact Mr. Pete Eastham, Supervisor of Maintenance at (505) 857-5026. If you have any questions or we may be of further assistance, please contact Ron Mathieu, of this office, at the above telephone number or address. Please indicate our file number on future correspondence relating to this project. Sincerely, b. LA.C4��� D. M. Miller G4 Regional Manager A Santa Fe Southern Pacific Company Resolution #3309 W 05012923-58 (Quirt Avenue) COST AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of February 19 90, by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, hereinafter designated "Santa Fe", and the CITY OF LUBBOCK, a municipal corporation in the State of Texas, hereinafter designated "City" WITNESSETH: WHEREAS, City proposes to improve and widen Quirt Avenue to a paved roadway width of 64 feet, across Track No. 244, opposite Mile Post 678.9 on Santa Fe's Slaton Subdivision, designated as DOT Crossing No. 014 974Y and; WHEREAS, the parties hereto are in accord as to said Project and are in accord as to the maintenance of said area subsequent to construction, and said parties are willing that, as set forth below, City or City's contractor, shall do all construction of street paving and drainage work required for said project and that Santa Fe shall do all track preparation, installation of full depth rubber crossing materials, as shown on Exhibit "A" and made a part hereof. NOW THEREFORE IT IS AGREED: 1. City, or City's contractor, at its expense, will do all removal and reconstruction of street paving and base material, installation of street drainage devices, curbs with gutters repaving of roadway to match reconstructed track prepared by Santa Fe. Furthermore, City, or City's contractor, at its expense, will provide and maintain full street closure and detour devices for the duration of the project. 2. City Will, at its expense: (a) Arrange for full closure of crossing to vehicular traffic during reconstruction by Santa Fe including all necessary traffic control devices, barricades and delineators and continue such full closure until work is completed by Santa Fe, (b) Advise emergency agencies and public of the closure of the crossing prior to construction and (c) Pave crossing approaches after installation of crossing material by Santa Fe prior to reopening crossing to public use. (d) Provide an asphalt crossing on a temporary basis, pending availability of rubber crossing material, at which time City shall, at its expense, remove said asphalt in preparation for the installation of the full depth rubber surface material by Santa Fe forces. City will provide for concrete approaches to the rubber crossing material. 3. City, or City's contractor, will comply with Santa Fe's rules and regulations, and instructions of Santa Fe's representatives, in relation to proper manner of protecting Santa Fe's track and traffic moving thereon, as well as protecting wires, signals and other property of Santa Fe or its tenants or licensees at or in the vicinity of the work during the period of construction of said project. City, or City's contractor, shall perform its work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not endanger or interfere with safe and timely operation of Santa Fe's track and other facilities. 4. Subject to reimbursement for the cost of materials in accordance with Paragraph 5 below, Santa Fe will provide, at its expense, all labor necessary to: (a) Rehabilitate the track through the crossing (after the asphalt is removed by City) to receive 66 feet of full depth rubber crossing material. (b) Place the rubber surface crossing material through the crossing as indicated on Exhibit "A" dated August 15, 1989. 5. Work specified to be done in above Paragraph 4 by Santa Fe shall be done as soon as practicable, considering availability of materials and manpower and, in consideration thereof, City will pay to Santa Fe the actual total cost of material presently estimated by Santa Fe to be Twenty-six Thousand Seven Hundred Eighty-four and No/100 Dollars ($26,784.00) as outlined on attached estimate marked Exhibit "B". 6. Santa Fe shall submit to City a bill for eighty percent (80%) of the estimated cost upon commencement of work contemplated, which City agrees to promptly pay. City shall pay the actual final cost, less credit for the sum previously paid, upon completion of audit and receipt of an itemized billing. 7. Santa Fe will, at its expense, maintain that portion of the crossing lying between lines two feet outside of and parallel to the rails of the tracks. 8. City will, at its expense, maintain any street improvement within said crossing other than specified to be maintained by Santa Fe in above Paragraph 7. 9. Both parties agree that the installation of the rubber material on the widened roadway will be made with the understanding that this crossing will be provided, within 18 months, with two cantilever flashing signals at 60% City expense and 40% -2- Santa Fe expense. This work presently estimated to be $93,396 (City's share approximately $56,000) will be covered under a separate Cost and Maintenance Agreement between City and Santa Fe. Two standard reflectorized crossbucks will remain in place until such time that the automatic warning devices are in service. 10. Except as hereinafter otherwise provided, all work to be done hereunder by City in the construction of said Project will be done pursuant to a contract or contracts to be let by City to a contractor or contractors. All work performed thereunder within the limits of said right of way shall be performed in a good and workmanlike manner and in accordance with plans and specifications approved by Santa Fe and only those changes or modifications during construction that affect Santa Fe shall also be subject to approval by Santa Fe and all such contracts shall provide: (a) That all work performed over, under, or adjacent to the tracks of the Santa Fe shall be done to the satisfaction of Santa Fe. (b) That no work shall be commenced over or adjacent to Santa Fe track until each of the prime contractors employed in connection with said work shall have executed and delivered to Santa Fe a letter agreement in the form of said Exhibit "C-1", (c) That, if it is determined by the City to be in its best interest, City may direct that the construction of said project be done by day labor under the direction and control of City, or if, at any time, in the opinion of the City, the contractor has failed to prosecute with diligence and force the work specified in and by the terms of said contract, it may, in the manner provided by law, terminate the contractor's control over said work and take possession of all or any part thereof, and proceed to complete same by day labor or by employing another contractor or contractors on informal contracts. All such contracts shall require the contractor to comply with the obligation in favor of Santa Fe hereinabove set forth, and if such construction is performed by day labor, City will provide evidence of self—insurance satisfactory to Santa Fe. 11. The City shall indemnify and save harmless Santa Fe against all liability, claims, demands, damages or costs for death or bodily injury of any person or property damages to the property of any persons, firm, or corporation arising out of and proximately caused by the negligent acts, omissions or commission of the City, its servants, officers and employees in connection with the construction, maintenance, use, repair and reconstruction of the street improvements herein completed to the extent the City is liable as set forth under the laws of the State of Texas; —3— provided however that the City shall not and does not waive any of its defenses to such claims as a Texas home rule municipal corporation and further if any claims or liabilities shall arise from the joint or concurring negligence of the City and Santa Fe, it shall be borne by the City and Santa Fe in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, CITY OF LUBBOCK has caused these presents to be executed and attested by its duly qualified and authorized officials pursuant to authority regularly granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY TMPANY By- R. �.,x---•, Its V.F<ctris�;, At. �.. CITY OF LUBBOCK ByT__� Its Moor Date: February 22, 1990 TTE� C ty Secretary APPROVED AS TO CONTENT; 749792Xr* —4— C.E. Fit F NO. lofF-ODB-D/33Z - - EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY ' AND G� fy Df L.0 bboclG ! VI TOPEKA, KANSAS 30 _ /-_�.�_. Zvebb _ _ _ _ _ CALE: 1 IN TO FT. CHIEF ENGINEER ICn DIV. DESCRIPTION APPROVED a Ll SUBDIV. 3 DATE. �uQusf 15, J Jg89 b4ex 0 Gurb, fo baacx. curbs i i To I�a�n7r�ck -�--- ' � MP. l078 �-4GG4.5 z4 4 y. 1Z $ � •# End 1 - 5 -- - - 45• a-' ' DoT. 1Q 41-4 - Y 3 "De5Grlp�lon = 49&' r'ubbcr Gr-ass)rn9 shown bold and Gross ha fched AJea r L-,j b boGk-.., L cj bbocx Dour y ,-T-`exas C.E. DRAWING NO. t - 10-71¢ DIV. DWG. NO, DIV. FILE NO. G.M. FILE NO. 0.s01z9z3 Ci177 HE ATCHISON, TOPEKA AND SANTA FE RAILW'`-'� FORCE ACCOUNT ESTIMATE FOR CITY OF LUBBOCK COST ESTIMATE TO FURNISH ALL MATERIAL RELATING TO RENEWAL/EXTENSION OF A 24.6 FT CROSSING SURFACE WITH 66 FT RUBBER CROSSING MATERIAL OVER TRACK NO. 244 AT STA. 81#08.4, D.O.T. • 014 974Y IN LUBBOCK, TEXAS, LUBBOCK SUBDIVISION, NEW MEXICO DIVISION. EXf,IGIi "B„ --------------------------------------------------------------------------------------------------------------------- QUANTITY UNIT SUBTOTALS TOTAL COST MATERIAL BALLAST, PEDERNAL 144.000 CY 1,143 BOUTET MELDING KIT 4.000 EA 188 CROSS TIES, NO 1 - 9 FT 97.000 EA 1,841 FILTER FABRIC 156.000 SY 413 OTM 115 LB - 39 FT TRACK PANEL 3.000 PNL 66S PIPE, 6 IN CM PERF 120.000 LF 342 RAIL, 115 LB SH JOINTED 234.000 LF 1,581 RUBBER CROSSING FOR 115 LB TANGENT RAIL 66.000 TF 17,812 STEP JOINT, 115/90 LB LH 1.000 EA 136 STEP JOINT, 115/90 LB RH 1.000 EA 141 90■ ELBOW FOR 6" CMP 1.000 EA 20 HANDLING 1,751 TRANSPORTATION 486 TOTAL MATERIAL ----------- OTHER EQUIPMENT RENTAL 0 TOTAL OTHER ----------- BILLING AND ACCOUNTING TOTAL ESTIMATED COST THE A.T.AND S.F. RY CO. CHIEF ENGINEER SYSTEM-TOPEKA DATE: AUGUST 9, 1989 FILE: 76-008-01332-1-1 AKP Q289 26,51! 0 265 ------------ $26,784 ------------ .) Rev. 7/89 EXHIBIT •C-1• Agreement between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CONTRACTOR IN CONNECTION VITH The Atchison, Topeka and Santa Fe Railway Company 5770 South Eastern Avenue Los Angeles, CA 90040 Attention: Regional Manager Gentlemen: The undersigned has entered into a contract dated July 13 19 89 , with the City of Lubbock, Texas for the performance of certain work in connection with widening of Quirt Avenue from East 50th Street to Slaton Highway in the performance of which work the undersigned will necessarily be required to conduct operations within your right of way and property. The Contract provides that no work shall be commenced within your right of way or property until the Contractor employed in connection with said work shall have executed and delivered to you a letter agreement in the form hereof QWA If this letter agreement is executed by other than the Owner, General Partner, President or Vice President of undersigned firm, evidence is furnishe 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 permission to the undersigned to enter upon your right of way or property for the performance of so much of the work as is necessary to be done within your right of way or property, the undersigned, effective on the date of said Contract, has agreed and does hereby agree with you as follows: Section 1. The undersigned shall indemnify and save harmless Santa Fe, its agents and 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 limitation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage, or expense arising under either (a), (b), or (c), and all fines or penalties imposed upon or assessed against Santa Fe, and all expenses of investigating and defending against same, arising in any manner out of (1) use, occupancy or presence of the undersigned, subcontractors, 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. the rl�si„; ,ents outlined in the Special Provisions for and in said Contract, and you herewith. (a) Original Policy in Rai otective Liabi favor of The Atchison, Topeka and Santa Fe Railway Company, 577 Avenue, Los Angeles, CA 90040, and (b) Certificate reflect' existence of Contra ubl,c Liability and Property Damage Liability In a and Contractor's Protective Public and Property Damage Liability Insur , s 1ito the Railway Company herein under Section 1, will not in any way be limited t nt of insur and carried by the undersigned in connection with Section 3. That the undersi ned wi o with all the provisions, obligations and limitations to be observed ich are con a 'vi_sion of the specifications ATBSF Railway Company VWA e Kindly acknowledge receipt of this vt-_ OVrrimby signing and returning to the undersigned a copy of this letter, which shall thereupon constitute an agreement between us. Yours truly, W1 LL1 ms � PETB cow cr&) Co �c (Contractor) (Tit e) Receipt of the foregoing letter 0 fiwivhwri is hereby acknowledged this day of M42c ( , 19�_ THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By tm - �eL — Its Regional iManc_F:r /ram e Atchison, Topeka & Santa e' —day of RaAL( 19- 0293J 2. :s y Santa Fe Original 05012923-58 (Quirt Avenue) COST AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of February , 1990 , by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, hereinafter designated "Santa Fe", and the CITY OF LUBBOCK, a municipal corporation in the State of Texas, hereinafter designated "ci ty" . WITNESSETH: WHEREAS, City proposes to improve and widen Quirt Avenue to a paved roadway width of 64 feet, across Track No. 244, opposite Mile Post 678.9 on Santa Fe's Slaton Subdivision, designated as DOT Crossing No. 014 974Y and; WHEREAS, the parties hereto are in accord as to said Project and are in accord as to the maintenance of said area subsequent to construction, and said parties are willing that, as set forth below, City or City's contractor, shall do all construction of street paving and drainage work required for said project and that Santa Fe shall do all track preparation, installation of full depth rubber crossing materials, as shown on Exhibit "A" and made a part hereof. NOW THEREFORE IT IS AGREED: 1. City, or City's contractor, at its expense, will do all removal and reconstruction of street paving and base material, installation of street drainage devices, curbs with gutters repaving of roadway to match reconstructed track prepared by Santa Fe. Furthermore, City, or City's contractor, at its expense, will provide and maintain full street closure and detour devices for the duration of the project. 2. City Will, at its expense: (a) Arrange for full closure of crossing to vehicular traffic during reconstruction by Santa Fe including all necessary traffic control devices, barricades and delineators and continue such full closure until work is completed by Santa Fe, (b) Advise emergency agencies and public of the closure of the crossing prior to construction and (c) Pave crossing approaches.after installation of crossing material by Santa Fe prior to reopening crossing to public use. (d) Provide an asphalt crossing on a temporary basis, pending availability of rubber crossing material, at which time City shall, at its expense, remove said asphalt in preparation for the installation of the full depth rubber surface material by Santa Fe forces. City will provide for concrete approaches to the rubber crossing material. 3. City, or City's contractor, will comply with Santa Fe's rules and regulations, and instructions of Santa Fe's representatives, in relation to proper manner of protecting Santa Fe's track and traffic moving thereon, as well as protecting wires, signals and other property of Santa Fe or its tenants or licensees at or in the vicinity of the work,during the period of construction of said project. City, or City's contractor, shall perform its work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not endanger or interfere with safe and timely operation of Santa Fe's track and other facilities. 4. Subject to reimbursement for the cost of materials in accordance with Paragraph 5 below, Santa Fe will provide, at its expense, all labor necessary to: (a) Rehabilitate the track through the crossing (after the asphalt is removed by City) to receive 66 feet of full depth rubber crossing material. (b) Place the rubber surface crossing material through the crossing as indicated on Exhibit "A" dated August 15, 1989. 5. Work specified to be done in above Paragraph 4 by Santa Fe shall be done as soon as practicable, considering availability of materials and manpower and, in consideration thereof, City will pay to Santa Fe the actual total cost of material presently estimated by Santa Fe to be Twenty-six Thousand Seven Hundred Eighty-four and Noi100 Dollars ($26,784.00) as outlined on attached estimate marked Exhibit "B". 6. Santa Fe shall submit to City a bill for eighty percent (80%) of the estimated cost upon commencement of work contemplated, which City agrees to promptly pay. City shall pay the actual final cost, less credit for the sum previously paid, upon completion of audit and receipt of an itemized billing. 7. Santa Fe will, at its expense, maintain that portion of the crossing lying between lines two feet outside of and parallel to the rails of the tracks. 8. City will, at its expense, maintain any street improvement within said crossing other than specified to be maintained by Santa Fe in above Paragraph 7. 9. Both parties agree that the installation of the rubber material on the widened roadway will be made with the understanding that this crossing will be provided, - within 18 months, with two cantilever flashing signals at 60% City expense and 40% -2- i Santa Fe expense. This work presently estimated to be $93,396 (City's share approximately $56,000) will be covered under a separate Cost and Maintenance Agreement between City and Santa Fe. Two standard reflectorized crossbucks will remain in place until such time that the automatic warning devices are in service. 10. Except as hereinafter otherwise provided, all work to be done hereunder by City in the construction of said Project will be done pursuant to a contract or contracts to be let by City to a contractor or contractors. All work performed thereunder within the limits of said right of way shall be performed in a good and workmanlike manner and in accordance with plans.and specifications approved by Santa Fe and only those changes or modifications during construction that affect Santa Fe shall also be subject to approval by Santa Fe and all such contracts shall provide: (a) That all work performed over, under, or adjacent to the tracks of the Santa Fe shall be done to the satisfaction of Santa Fe. (b) That no work shall be commenced over or adjacent to Santa Fe track until each of the prime contractors employed in connection with said work shall have executed and delivered to Santa Fe a letter agreement in the form of said Exhibit "C-1". (c) That, if it is determined by the City to be in its best interest, City may direct that the construction of said project be done by day labor under the direction and control of City, or if, at any time, in the opinion of the City, the contractor has failed to prosecute with diligence and force the work specified in and by the terms of said contract, it may, in the manner provided by law, terminate the contractor's control over said work and take possession of all or any part thereof, and proceed to complete same by day labor or by employing another contractor or contractors on informal contracts. All such contracts shall require the contractor to comply with the obligation in favor of Santa Fe here inabove set forth, and if such construction is performed by day labor, City will provide evidence of self-insurance satisfactory to Santa Fe. 11. The City shall indemnify and save harmless Santa Fe against all liability, claims, demands, damages or costs for death or bodily injury of any person or property damages to the property of any persons, firm, or corporation arising out of and proximately caused by the negligent acts, omissions or commission of the City, its servants, officers and employees in connection with the construction, maintenance, use, repair and reconstruction of the street improvements herein completed to the extent the City is liable as set forth under the laws of the State of Texas; -3- provided however that the City shall not and does not waive any of its defenses to such claims as a Texas home rule municipal corporation and further if any claims or liabilities shall arise from the joint or concurring negligence of the City and Santa Fe, it shall be borne by the City and Santa Fe in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, CITY OF WBBOCK has caused these presents to be executed and attested by its duly qualified and authorized officials pursuant to authority regularly granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of the day and year first above written. r C ty Secretary APPROVED AS TO CONTENT: 749792Xr* THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By. Its CITY OF WBBOCK�► ` By, C/ . —4— Its Mayor TO OR 'rl i t n ii liiZllil C[7 {^iZ.n Vi:i�:� C.E. FILE NO. W-q--ULJ0-U/yJL -. EXHIBIT "A"�� ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND G l +)l L4 1-a bbo c1G TOPEKA, KANSAS StjCA: 1 IN TO 3D FT. DIV. SUBDIV. DATE: AL191.ls� l5� lgg9 CHIEF ENGINEER DESCRIPTION APPROVED . GG �iQGC O� Lr1r� foGK. cur(, Z Z' I To MQrnTTvcx- -.--- MP. �78 �dGGd.S z4' UesGrl p-�tor� 6&" rU.bbcv- crassirk) shown bold and Gross ha fched . Near I.IJb bdcK.., Lv bboc�c C4un-ty , ` -eXas C.E. DRAWING NO. 1 - JO714 DIV. DWG. NO. DIV.. FILE NO. G.M. FILE NO. 05O/Z923 l4/•T7 THE ATCHISON, TOPEK4 AND SANTA FE RAILWAY FORCE ACCOUNT ESTIMATE FOR CITY OF LUBBOCK E 1110 IT I If COST ESTIMATE TO FURNISH All MATERIAL RELATING TO RENEWAL/EXTENSION OF A 24.6 FT CROSSING SURFACE WITH 66 FT RUBBER CROSSING MATERIAL OVER TRACK NO. 244 AT STA. 81408.4, D.O.T. N 014 974Y IN LUBBOCK, TEXAS, LUBBOCK SUBDIVISION, NEW MEXICO DIVISION. --------------------------------------------------------------------------------------------------------------------- QUANTITY UNIT SUBTOTALS TOTAL COST MATERIAL BALLAST, PEDERNAL 144.000 CY, 11145 BOUTET WELDING KIT 4.000 EA 1" CROSS TIES, NO - 9 FT 97.000 EA 1,841 FILTER FABRIC 156.000 SY 413 OTM 115 LB - 39 FT TRACK PANEL 3.000 PNL 665 PIPE, 6 IN CM PERF 120.000 LF 342 RAIL, 115 LB SH JOINTED 234.000 LF 11581 RUBBER CROSSING FOR 115 LB TANGENT RAIL 66.000 TF 17,812 STEP JOINT, 115/90 LB LH 1.000 EA 136 STEP JOINT, 115/90 LB RH 1.000 EA 141 90* ELBOW FOR 6^ CMP 1.000 EA 20 HANDLING 1,751 TRANSPORTATION 486 TOTAL MATERIAL ----------- 26,519 OTHER EQUIPMENT RENTAL 0 TOTAL OTHER ----------- BILLING AND ACCOUNTING 265 TOTAL ESTIMATED COST . $26.784 THE A.T.AND S.F. RY CO. CHIEF ENGINEER SYSTEM-TOPEKA DATE: AUGUST 9, 1989 FILE: 76-008-01332-1-1 AKP Q289 Rev. 7/89 EXHIBIT "C-10 Agreement between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CONTRACTOR IN CONNECTION WITH The Atchison, Topeka and Santa Fe Railway Company 5770 South Eastern Avenue Los Angeles, CA 90040 Attention: Regional Manager Gentlemen: The undersigned has entered into a contract dated 19 , with the performance of certain work in connection with for the in the performance of which work the undersigned will necessarily be required to conduct operations within your right of way and property. The Contract provides that no work shall be commenced within your right of way or property until the Contractor employed in connection with said work shall have executed and delivered to you a letter agreement in the form hereof 0604 If this letter agreement is executed by other than the Owner, General Partner, President or Vice President of undersigned firm, evidence is furnishe 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 permission to the undersigned to enter upon your right of way or property for the performance of so much of the work as is necessary to be done within your right of way or property, the undersigned, effective on the date of said Contract, has agreed and does hereby agree with you as follows: Section 1. The undersigned shall indemnify and save harmless Santa Fe, its agents and 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 limitation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage, or expense arising under either (a), (b), or (c), and all fines or penalties imposed upon or assessed against Santa Fe, and all expenses of investigating and defending against same, arising in any Tanner out of (1) use, occupancy or presence of the undersigned, subcontractors, 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. the r ents outlined in the Special Provisions for and in said Contract, and hereii th e _,00000 110 (a) Original Policy in Rai otective Liabi favor of The Atchison, Topeka and Santa Fe Railway Company, 577 n Avenue, Los Angeles, CA 90040, and (b) Certificate reflec existence of Contra blic Liability and Property Damage Liability I e and Contractor's Protective Public and Property Damage Liability Insur ana l-i1J4Q.Uy to the Railway Company herein under Section 1, will not in any way be limited t nt of insur and carried by the undersigned in connection with Section 3. That the undersi ned wi o with all the provisions, obligations and limitations to be observed ich are con a ision of the specifications Rev. 7/89 EXHIBIT "C-1" Agreement between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CONTRACTOR IN CONNECTION WITH The Atchison, Topeka and Santa Fe Railway Company 5770 South Eastern Avenue Los Angeles, CA 90040 Attention: Regional Manager Gentlemen: The undersigned has entered into a contract dated 19 , with the performance of certain work in connection with for the in the performance of which work the undersigned will necessarily be required to conduct operations within your right of way and property. The Contract provides that no work shall be commenced within your right of way or property until the Contractor employed in connection with said work shall have executed and delivered to you a letter agreement in the form hereof 01 . If this letter agreement is executed by other than the Owner, General Partner, President or Vice President of undersigned firm, evidence is furnishe 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 permission to the undersigned to enter upon your right of way or property for the performance of so much of the work as is necessary to be done within your right of way or property, the undersigned, effective on the date of said Contract, has agreed and does hereby agree with you as follows: Section 1. The undersigned shall indemnify and save harmless Santa Fe, its agents and 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 limitation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage, or expense arising under either (a), (b), or (c), and all fines or penalties imposed upon or assessed against Santa Fe, and all expenses of investigating and defending against same, arising in any Tanner out of (1) use, occupancy or presence of the undersigned, subcontractors, 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. the r ents outlined in the Special Provisions for and in said Contract, and you herewith: (a) Original Policy in Rai otective Liabi favor of The Atchison, Topeka andj Santa Fe Railway Company, 577 n Avenue, Los Angeles, CA 90040, and l/ (b) Certificate reflect' existence of Contra Liability and Property Damage Liability Liability I�e and Contractor's Protective Public and Property Damage Liability Insur , s I MhQUy to the Railway Company herein under Section 1, will not in any way be limited t nt of insur and carried by the undersigned in connection with Section 3. That the undersi ned wi o with all the provisions, obligations and limitations to be observed ich are con a ision of the specifications