HomeMy WebLinkAbout831254.tiff RESOLUTION
RE: APPROVAL OF CONTRACT WITH UNION PACIFIC RAILROAD FOR
INSTALLATION OF AUTOMATIC FLASHING LIGHT SIGNALS ON WELD
COUNTY ROAD 44 AND AUTHORIZATION FOR CHAIRMAN TO. SIGN SAME
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Weld County Engineer has submitted a contract
between the Union Pacific Railroad and Weld County for installation
of automatic flashing light signals on Weld County Road 44, at
Peckham, Colorado, said contract being attached hereto and in-
corporated herein by reference, and
WHEREAS, the Board of County Commissioners having studied
said contract deems it advisable and in the best interests of
Weld County to approve said contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the contract between
the Union Pacific Railroad and Weld County for installation
of automatic flashing light signals on Weld County Road 44, at
Peckham, Colorado be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign same.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th day of
July, A.D. , 1983.
(Qvs.• ?J..t:.' BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORAD//O��
Weld County Clerk and Recorder
and Clerk to the Board C uck Carlson, Chairman
EXCUSED
D puty County Clerk Jo T. Martin, Pro-Tem
APPROV AS TO FORM: l/ a-
Gene R. Brantner
County Attorney Norman Carlson
0,`t\
Ja que a Joh s
R&B: Co Rd 44 DAY FILE: July 11, 1983
fr:Le" *'`z
Ct , L P22
•
UNION PACIFIC RAILROAD COMPANY-6(1"_- f'-`" G-- 4~
ENGINEERING DEPARTMENT a
R.M.BROWN 1416 DODGE STREET
CHIEF ENGINEER PACT � OMAHA,NEBRASKA 68179
II.LLI11
April 26, 1983
A-14892-Peckham
Mr. Drew L. Scheltinga
Director of Engineering
Weld County, Colorado
P. O. Box 758
Greeley, Colorado 80632
Dear Sir:
This is in reference to my letter of October 4,
1982 and previous correspondence regarding upgrading an
existing public road crossing by installation of automatic
flashing light crossing signals with gates at County Road
No. 44, M.P. 42 . 40, Peckham, Colorado.
Attached are duplicate originals of an Agreement
C.D. No. 43022-6 between Union Pacific Railroad Company and
the County of Weld covering the above work along with the use
of Railroad property for public roadway purposes.
The duplicate originals have been executed on
behalf of the Railroad Company. Please arrange for execution
on behalf of Weld County and return the UPRR Counterpart to
me.
Yours very truly,
771(
•
DUPLICATE ORIGINAL
Installation of Automatic , County 's Counterpart
Flashing Light Signals
and Gates, Mile Post 42.38, and
42.38, and Rights Agreement
at Peckham, Colorado C.D. No. 43022-6
THIS CONTRACT, made this // day of ,
19 93 , by and between the COUNTY OF ELD, STATE C ORADO,
for the use and benefit of the County of .Weld, hereinafter
referred to as the Political Body, and UNION PACIFIC
RAILROAD COMPANY, a corporation of the State of Utah,
hereinafter referred to as the Contractor.
WHEREAS, required approval, clearance, and
coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, under authority of the laws and statutes
of the United States and the State of Colorado, funds have
been allocated for the purpose of eliminating hazards to
life and property for upgrading highway/railroad Grade
Crossing Warning Devices at various locations in the State
of Colorado under Section 203 of the Federal-Aid Highway
Program; and ,
WHEREAS, the Political Body, by resolution has the
authority to enter into contracts, including contracts with
railroads for safeguarding life and property at
highway/railroad grade crossings; and
WHEREAS, it is desirable, for the benefit,
convenience and safety of the public using the roadway and
for the parties hereto that the improvements provided by
this contract be accomplished by the Contractor ' s forces;
and
WHEREAS, the Political Body desires the right to
use for public highway purposes that portion of the right-
of-way of the Contractor (hereinafter the Crossing Area) at
Mile Post 42.38, Peckham, Colorado, shown outlined in yellow
on the print dated March 1, 1983, marked Exhibit A, hereto
attached and hereby made a hereof; and . .
WHEREAS, the Contractor shall install one 31-foot
road crossing at .the Political Body' s expense and shall
thereafter , at the Contractor ' s expense, maintain and
operate the road crossing (hereinafter the Road Crossing) at
' the location shown in green on Exhibit A; and
1
t ,
4 WHEREAS, the Contractor is willing to accomplish
the improvements with its forces as hereinafter set forth,
provided the cost thereof is assumed by Political Body funds
and Federal funds.
NOW, THEREFORE, it is hereby agreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEFINITIONS.
The term "Work" shall include furnishing all
materials and doing all work necessary to install highway
warning devices at the crossing of Coun-ty Road No. 44 and
Union Pacific Railroad Company Tracks, in the County of
Weld, State of Colorado, hereinafter called Grade Crossing
Warning Devices, and shall also include all materials and
doing all work necessary to install the crossing surface,
hereinafter called Grade Crossing Surface Work.
FHWA U.S. Department of Transportation
Federal Highway Administration
FHPM 6-6-2-1 Federal-Aid Highway Program Manual
Volume 6, Chapter 6, Section 2 Sub
Section 1
MUTCD The Manual on Uniform Traffic Control
Devices for Streets and Highways
SECTION B. EXHIBITS _
The exhibits listed below are hereto attached and
made a part of this contract:
Exhibit A Print showing general crossing
location
Exhibit B The Contractor ' s Force Account
Estimates to accomplish work
SECTION C. REFERENCE DOCUMENTS
•
The following are made a part ofthis contract by
reference the same as if attached hereto including any
2
~ supplements or amendments thereto dated prior to the date of
this contract:
FHPM 1-4-3 Dated April 25, 1975
FHPM 6-4-1-6 Dated September 10, 1976
FHPM 6-6-2-1 Dated April 25, 1975
FHPM 6-8-2-1 Dated July 3, 1974
MUTCD including FHWA Bulletin dated Aprile1, 1977,
"Part VIII - Traffic Control Systems for Railroad Highway
Grade Crossings. "
ARTICLE II
COMMITMENTS ON THE PART OF THE CONTRACTOR
SECTION A. CROSSING AT GRADE.
1. Warning Devices. The Contractor agrees to
accomplish all the Work required hereunder relating to the
installation of the Grade Crossing Warning Devices and Grade
Crossing Surface Work.
a. The Contractor will prepare and submit
to the Political Body, crossing sketch and estimates for the
installation of the proposed Grade Crossing Warning Devices
and Grade Crossing Surface Work.
b. The crossing sketch (Exhibit A) and
estimates (Exhibit B) , when and as approved by the parties
hereto, shall govern the construction of the Grade Crossing
Warning Devices and Grade Crossing Surface Work.
2. Changes and Extra Work. No change shall be
made in the work which will materially increase the cost of
the project as shown on the estimates (Exhibit B) or alter
the character or scope of the work without prior authoriza-
tion of the Political Body. Major changes and extra work
must be approved in writing in advance; minor changes and
minor extra work may be performed and approval obtained
retroactively.
3. Future Use of Warning Devices. If,
hereafter, by agreement, negotiation, or order of competent
public authority, the Grade Crossing Warning -Devices are
rendered unnecessary, undesirable, or improper by closing of
said crossing, by relocation, by separation of grades, or by
development or improvement in crossing technology or other-
3
wise, such devices shall be removed, and then reinstalled or
salvaged as approved by the, Colorado Public Utilities
Commission.
4. Maintenance of Warning Devices. Upon comple-
tion of the work required under this Contract, the
Contractor shall, at the expense of the Contractor,
thereafter , operate, maintain, repair, and keep the Grade
crossing Warning Devices installed hereunder in a proper
working condition; provided, however, that the Contractor
shall be entitled to receive any contribution towards the
cost of such operation or maintenance as may now or
hereafter be made available by reason of any law, ordinance,
regulations, order, grant, or by other lawful means or
sources.
ARTICLE III
COMMITMENTS ON THE PART OF THE POLITICAL BODY
SECTION A. POLITICAL BODY OBLIGATIONS.
1. Actual Costs. The Political Body shall
reimburse the Contractor one hundred percent of the total
actual costs of the Contractor.
2. Acceptance of the Contractor ' s Estimates.
The estimated cost of the work to be performed by the Con-
tractor under this contract is shown on the estimates marked
Exhibit B. Subject estimates have been examined by the
Political Body and judged to be satisfactory as a basis for
reimbursing the Contractor, it being understood and agreed
that total reimbursement shall be made on the basis of
actual costs in accord with FHPM 1-4-3 .
The Contractor shall furnish the Political Body a
Material and Force Account Estimate which is current at the
time this agreement is executed. The estimate will be based
on the Contractor ' s best judgment as to the actual total
cost of the work to be done by the Contractor, however , the
estimate is not a guarantee as to actual costs. The Con-
tractor will, upon request, furnish an updated estimate,
should a period of six months expire between the date of the
original estimate and the date of the request.
3. Reimbursement of the Contractor by the
Political Body. The Political Body agrees to reimburse the
Contractor for all work and services performed by the Con-
tractor ' s forces, including the cost of preliminary
4
. engineering, in a total amount equalling the costs incurred
by the Contractor in accord with FHPM 1-4-3. The
Contractor ' s' billing for incurred costs of any such work by
the Contractor 's force shall be audited by the Political
Body for compliance with the aforesaid FHPM 1-4-3 . Labor
charges for any services or work performed by the
Contractor ' s personnel shall be in accord with "the then
current working agreement between the Contractor and its
employees.
4. Accidental Damage. -Replacement of equipment
necessitated by reason of 'accidental damage shall be made- by
the Contractor as soon as practical regardless of whether
the likelihood of collection from the party or parties caus-
ing the damage shall have been determined at the time of
need for such replacement.
If an accident which destroys or damages the Grade
Crossing Warning Devices is the responsibility of a party or
parties causing such destruction and the party or parties
are not signatory to this agreement, then the• Political Body
shall thereupon attempt to collect, from the party or •
parties causing the damage or destruction, the full cost
necessary for the replacement of the damaged parts. The
Political Body will reimburse the Contractor for its actual
expenses in such restoration up to the amount recovered by
the Political Body and so used.
In the event the Grade Crossing Warning Devices
shall be damaged by vehicular accident or otherwise and the
cost of necessary repairs shall not be collectible from the
• party or parties responsible, then the cost of such repairs
shall be apportioned to and borne by the parties hereto and
existing federal and state funding programs or other funding
in such proportion as shall be determined by the Colorado
Public Utitilies Commission.
•
, ARTICLE IV
ADDITIONAL PROVISIONS
• SECTION A. FEDERAL AID PROJECTS.
It is understood that the project herein contem-
plated shall be financed in part from funds made available
by the Federal Government and expended under Federal regula-
• tions'; that all plans, estimates of cost, specifications, _
authorizations, awards of contracts, acceptance of work and
procedures in general are subject at all times to all
5
; .
Federal laws, rules, regulations, orders and approvals
. applying to Federal projects.
SECTION B. CANCELLATION.
In the event delays or difficulties arise in
securing necessary Federal approvals, or in acquiring
necessary right-of-way, or in settling damages of damage
claims, or for any other reason, which in the opinion of the
Political Body, render it impracticable to utilize Federal
funds from the current appropriation for the construction of
the project, then at any time before actual construction is
started pursuant to proper notice Federal approval or
authority, the Political Body may serve formal notice of
cancellation upon the Contractor and this contract shall
thereupon become null and void. In the event of any such
' cancellation, the Political Body shall reimburse the _
Contractor for all related preliminary engineering costs
incurred by the Contractor prior to the effective
cancellation date, along with any other properly incurred
expenses due as of the cancellation date.
SECTION C. APPLICATION TO PUBLIC UTILITIES COMMISSION.
The Political Body has made/shall make application
to the Public Utilities Commission for installation of Grade
Crossing Warning Devices and for approval. of the continuing ,
maintenance provisions herein agreed to by the parties. The
parties hereto shall cooperate in presenting all maters
involved to said Public Utilities Commission, if any further •
matters are still to be presented.
SECTION D. APPROVAL BY PUBLIC UTILITIES COMMISSION.
The provisions of this contract, pertaining to the
modifications, required in the Contractor' s facilities, shall
not become effective until approval thereof has been
obtained from the Public Utilities Commission and an order
issued.
SECTION E. CIVIL RIGHTS.
In compliance with Title VI of the Civil Rights
Act of 1964, and with Section 162(1) of the Federal Highway
Act of 1973, the Contractor, for itself, its assignees and
successors in interest, agrees as follows:
See attached Schedule "A" •
•
•
ARTICLE V
RIGHTS AGREEMENT
MILE POST 42.38, PECKHAM, COLORADO
SECTION A. CONTRACTOR GRANTS RIGHT.
In consideration of the covenants and agreements
herein contained to be by the Political Body kept, observed,
and performed, the Contractor hereby grants to the Political
Body, subject to the terms and conditions herein stated, the
right during the term hereof, to establish, maintain and use
a public highway on said right-of-way and over the tracks of
the Contractor in the location shown outlined in yellow on
Exhibit A hereto.
The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the Con-
tractor to use and maintain its entire railroad right-of-way
in the performance of its public duty as a common carrier,
and is also subject to the right and power of the Contractor
to construct, maintain, use, and operate existing and .
additional railroad tracks, telegraph, telephone, signal, or
other pole and wire lines, pipe lines, and other facilities
upon, along, or across any or all parts of said Crossing
Area, all or any of which may be freely done at any time or
times by the Contractor without any liability to the
Political Body or to anyone for compensation or damages for
abrogating the grant herein contained.
Said grant also is made subject to all outstanding
superior rights ( including those in favor of telegraph and
telephone companies, lessees of said right-of-way and
others) , and the right of the Contractor to renew and extend
the same, and is made without covenant of title or for quiet
enjoyment.
SECTION B. CONSTRUCTION - MAINTENANCE - ALL WORK
TO BE DONE UNDER CONTRACTOR SUPERVISION.
The Political Body has constructed, or caused to
be constructed, a public road over the Crossing Area. The
Political Body, without expense to the Contractor, shall
maintain, or cause to be maintained, the public road on the
•
Crossing Area, except the portions thereof between the track
tie ends, which portions shall be maintained by and at the
expense of the Contractor . '
All work done, or caused to be done, by .the •Polit-
ical Body on the Crossing Area shall be under the
7
•
• supervision and to the satisfaction of the Contractor. The
Political Body shall ascertain- the Contractor ' s flagging
requirements and make arrangements with the Contractor for •
flagman services at such times -as the Contractor may deem •
necessary or desirable while occupying or performing any
work upon the Crossing Area, and all expense so incurred
shall be paid for by the Political Body.
SECTION C. POLITICAL BODY TO ASSUME TAXES AND ASSESSMENTS.
The Political Body agrees to assume all taxes and
assessments lawfully levied upon the Crossing Area during
the continuance of this. agreement, including assessments
levied by improvement• district(s) , but not including taxes
and assessments levied against the Crossing Area as a
component part of the railroad property of the Contractor in
the state as a whole; to , keep the Crossing Area free from
combustible material; to plant no trees or shrubbery in the
Crossing Area, and to erect no •structures thereon, except
such as may be necessary for public roadway purposes; to put
nothing upon the Crossing Area which..might obstruct or
interfere with the view; and the :Political Body waives any
claim for damages which it may- have in the future against
the Contractor arising from damage to the public roadway
resulting from fire caused directly' or indirectly by sparks
, or fire emitted from the engines or trains of the
Contractor, or from the construction or maintenance of
drainage ,ditches or waterways by the Contractor.
No special assessments for constructing or main-
taining the public roadway located on the Crossing Area
• shall be made by the Political Body against the adjacent
railroad right-of-way of the Contractor.
SECTION D. CROSSING AREA TO BE USED FOR PUBLIC
• ROADWAY ONLY
The Political Body shall not use the Crossing Area
or permit it to be used except for the usual and ordinary
purposes of a public roadway, and it is expressly understood
and agreed that such purposes shall not be deemed to include
the use 'by the Political Body or others of the Crossing Area
for railroad, street or interurban railway, or other rail
transportation purposes or for the construction or
maintenance of electric power transmission lines, or gas,
oil or gasoline pipe lines; provided, however, that the
Political Body - shall have the right .and privilege to •
construct walkways, . but. only within the eight-foot area
• adjacent to the curblinesof the street; and provided
further that any work to be done within the track area will
• 8 •
, ,
be performed by the Contractor at the expense of the
Political Body.
SECTION E. ALL WORK TO BE DONE SAFELY AND WITHOUT
INTERFERENCE TO CONTRACTOR
All work done upon the Crossing Area by or on
behalf of the Political Body shall be prosecuted with due
care, skill and diligence, and, in all matters relating to
the safety of railroad operations or the protection of the
railroad and the Contractor ' s employees, such work shall be
done in conformance with the directions of the Contractor.
Work done ,by or on behalf of the Political Body upon said
Crossing. Area shall not interfere with the continuous or
uninterrupted use and operation of the railroad.
SECTION F. INSURANCE. •
Before permitting any contractor to perform work
on the property of the Contractor, the Political Body shall
require such contractor or cause such contractor to furnish
and maintain in force as long as such work shall continue
upon the property insurance on behalf of Union Pacific Con-
tractor in the form and with coverage and provisions con-
tained in' the Railroad Protective Liability Form, 'marked
Exhibit C, hereto attached, provided, however, the amount of
coverage shall be an amount consistent with the. Contractor ' s
policy for insurance coverage in existence at the time the
work is performed.
The original of -such policy of insurance in favor
of the Contractor shall be furnished to the Political Body
for transmittal to the Contractor ' s Chief Engineer at Omaha;
Nebraska, before starEing the work.
SECTION G. CHANGES IN GRADE.
If the Contractor at any time shall be required by
competent authority,, to raise or lower the grade of all or
any part of its track or tracks located in said Crossing
Area, the Political Body, without expense to the Contractor,
shall change the portion of said public roadways on said
Crossing Area .to conform with the change of grade required
by the Contractor.
SECTION. H. LIABILITY.' •
The Political Body, to the extent that it lawfully
may, assumes all loss, damage, -claims, demands, actions,
causes of action, costs, and expenses of whatsoever nature
9
growing out of injury to or death of persons whomsoever or
loss or destruction of or damage• to property whatsoever ( in-
cluding damage to the roadbed, tracks, equipment, or other
property of the Contractor) where such injury, death, loss,
destruction or damage arises in any way in connection with
or incident to the construction or maintenance of said
public roadway, and the Political Body, to the extent that
it lawfully may, hereby agrees to indemnify and hold harm-
less the Contractor against and from any and all • such loss,
damage, claims, demands, actions, causes of action, costs,
and expenses; PROVIDED, however, that this indemnity on the
part of the Political Body shall not include or cover loss,
damage, claims, demands, actions, causes of action, costs or
expenses growing out of injury to or death of persons
traveling upon the said public roadways or loss or
destruction of or damage to the property of such persons
resulting directly from the sole negligence of the .
Contractor.
SECTION I . TERMINATION.
Nonuser by the Political Body of the Crossing Area
for public roadway purposes continuing at any time for a
period of eighteen (18) months shall, at the option of the
Contractor, work a termination of this agreement and of all
rights of the Political Body hereunder.
If the Political Body shall breach or fail to keep
or perform any of the covenants or agreements herein stated
and shall fail to remedy any default on the part of the
Political Body for thirty (30) days after written notice by
the Contractor to the Political Body pointing out such
default, then, upon the expiration of such thirty-day
period, this agreement shall terminate and be of no further
force or effect.
No termination of this agreement shall affect any
rights or obligations of the parties hereto which may have
accrued, or liabilities, accrued or otherwise, which may
have arisen prior to such termination.
SECTION J. WAIVER OF BREACH.
The waiver by the Contractor of a breach of any
condition, covenant or agreement herein contained to be
kept, observed, and performed by the Political Body shall
not impair the right of the Contractor to avail itself of
any subsequent breach thereof.
10 •
SECTION K. EFFECTIVE DATE.
This agreement shall take "effectas of the date
first herein written and shall continue• in full force and
effect until terminated as herein provided.
SECTION- L. RIGHT NOT TRANSFERABLE.
The Political Body agrees not to transfer or assign
this agreement, or any interest therein, or any right granted
thereunder, without the written consent of the Contractor,
and it is agreed that any such transfer or assignment, whether
voluntary, by operation of law, or otherwise, without such
written consent, shall be absolutely void and shall, at the
option of the Contractor, terminate this agreement.
SECTION M. SUCCESSORS AND ASSIGNS.
All of the covenants and provisions hereof shall
inure to the benefit of and be binding upon the parties
hereto, their successors and assigns..
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed in duplicate as of the date
first herein written.
Attest: COUNTY OF WELD,
By
County Clerk Chairman;Board of County
(Seal) • Commissioners
Witness: UNION PACIFIC RAILROAD COMPANY,
,V2r4fregf- BY C ' !
—
Title / 'Vw
Gene Manager
•
•
11 -
•
RESOLUTION
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered
to COUNTY OF WELD, State of Colorado, an agreement covering
installation of automatic flashing light signals and gates,
Mile Post 42. 38, and Rights Agreement at Peckham, Colorado;
such agreement being identified in the records of Railroad Company
as its C.D . No. 43022-6; and
WHEREAS, the Board of County Commissioners of said
County has said proposed agreement before it and has given
it careful review and consideration; and
WHEREAS, it is considered that the best interests
of said County will be subserved by the acceptance of said
agreement.
• THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF SAID COUNTY OF WELD , STATE OF
COLORADO
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be, and the same are
hereby, accepted in behalf of said County;
That the Chairman of said Board of County Commis-
sioners is hereby authorized, empowered, and directed to
execute said agreement on. behalf of said County, and that
the County Clerk of said County is hereby authorized and
directed to attest said agreement and to attach to each dup-
licate original of said agreement a certified copy of this
resolution.
STATE OF COLORADO )
SS
COUNTY OF WELD
I, k' Cc ,c) ,d County Clerk of the
County of / / Welds , hereby certify that
the above and foregoing is a true, full, and correct copy of
a resolution adopted by the Board of County Commissioners of
the County of Weld , at a meeting
held according to law at Gy hz,p,
on the // day ofd 1 a , 19.6, as the same appears on
file and of record tin this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said County, this .//4 day
C of , 19gs . U aimaawle
(SEAL) U
County Clerk of the County of
Weld, State of Colorado
, N
`\ • •, - t , • i •
•
0 -' 4 • a r
•\ • \
. ` 3 �, u +
x .f
•
r/ r. •
/
' . ' a - at•• e v "V
s ,,,• 4: C 3. r
,- o
\ V ,, s ft . ysc
s
y ' o Nn.
in
. & 40 + • •
s
4• 1 0 ci -
1 .. rn .�
s ! T
•� • ,F ivy• : J " t%r!n (e..1n4 nr P1 el . u• rinses ( 1••IT.• 1 . -1r • r . :1- -
c,� 14 x J
• 'i : E 2r.d Mil :42:b - CI 5g. be 2 c A :
. �1 64 , b
s'y is P E xtd fo vt - 3E 63
ti
10 •••• • re) al
• .„ , [ .6'6%4 * . pr)
•
CT; f51• T i
• •
6Oi 'w C J I
`
D {
�`oe \ Highway Lease J ain
°
o I
{ •_ I150 t,
•, r _ - x
• O _ a Q
�_ / • �v1 \` �/' ` • •
•
(^ V
23 O
0 .:,..p_ _ \
• P. tile) \ •. 0 C)• 3IX
� tr .r.- . •'C `� f \ (O N 80 .
•
� •,— • ic \\ \ •-• «�6 421 rt.'
T�Denver L2 - = \ � 423
r, 4e 4 2
N \
t
• -_ - - r - _. - • • - _J_ - _ • `_-- \ -�-�� - • p ___ _i a. _--sat - +- 0
„ J •
-I 01
J CV
0 \ \ * fl,
S \ . %Gb
N • i
` *•
P \
\ •
� `\ \
t \ e
avE .
-41
'4 EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
Peckham, Weld County , Colorado
M. P . 42 . 38 - Main Line
c
To accompany agreement with Weld
County covering use of right of way
for public road crossing purposes .
Scale 1" = 100 '
/
x r
rV
�
• / Office of Director - Real Estate
/, Omaha , Nebraska March 1 , 1983
/ * LEG END *
• // Permanent use area shown YELLOW
Road crossing shown GREEN
Road crossing signals shown PINK
• 04 UPRRCo . R/W outlined RED
•
ESTIMATE OF MATERIAL AND FORGE ACCUN WORK .
- BY THE
UNION PACIFIC RAILROAD COMPANY
FOR THE q
. STATE OF COLORADO DEPARTMENT OF ROADS HI
_ E BIT B
•
- INSTALL AUTOMATIC GATE-TYPE FLASHING LIGHT CROSSING SIGNAL PROTECTION ON COUNTY
' ROAD NO. 44, M.P. 42.40, -PECKHAM, COLORADO - D.O.T. NO. 804352D.
WYOMING ➢IVISION SEPTEMBER 23, 1982
•
JOB UNIT
NO. DESCRIPTION QUANTITY .UNIT COST LABOR MAT'L. TOTAL
001 HIGHWAY CROSSING PROTECTION
ENGINEERING $ 3,000
INSTALL PROTECTION 19,040 $46,500
LABOR & MATERIAL ADDITIVE • 9,140 ' 7,440
CONTINGENCIES 1,900 4,650
EQUIPMENT RENTAL 2,970 $94,640
$33,080 $61,560
TOTAL LABOR AND MATERIAL $33,080 $61,560 . $94,640
EXISTING REUSABLE MATERIAL
NONE •
SALVAGE NON-USABLE MATERIAL
NONE
NOTE: SEE ATTACHED WORKSHEET
Total Labor and Material for Protection
Reusable Material, Credit to Project N/A
Salvage, Credit to Project
TOTAL ESTIMATED COST OF PROTECTION $94,640
•
The above figures are estimates only and subject to fluctuation. In the event of an
increase, or decrease in the cost or amount of material and labor required, the State
will be billed for 'actual construction costs at the current rates effective thereof.
•
June 30, 1967.
EXHIBIT C
• For attachment to C.D. No. 43022-6
•
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM
•
Including Instructions Tor
Preparation of Policies by Companies
•
•
•
•
. ..j.� _
. S ft
June 30, 1967. r Page 1
STANDARD PhOVISIONS FOR GzM E_'iAL LIABILITY POLICIES
Railroad Protective Liability Form
GENERAL INSTRUCTIONS
1. Standard Language
This form is expressed in standard language which may not be amended and
no part of which may be omitted except (a) as indicated by these instructions,
or (b) as indicated in reference notes shown below referring to specific por-
- tions of the form, or (c) by an endorsement which states an amendment or
exclusion of some provision of the form in accordance 'with the provisions of '
a manual rule, the form of which endorsement has been approved, if remised,
by the s,.•rervising authority of the state in which the policy is issued.
2. Optional Sequence and Arrangement
The several parts of the form, viz. "Insuring Agreements, " "Exclusions,"
Conditions and "Declarations" may appear in the policy in such sequence as
the company may elect and the sequence and arrangement of the several pro-
visions of those parts are also optional with the company.
3. Descriptive He"aings--Identifying or Indexing Designations
The descriptive headings of the parts of the form (as quoted above) and
of the major insuring agreements ("Bodily Injury Liability," "Property Dam-
age Liability, " etc.) are standard expressions which may not be amended or
omitted, but all other identifying or indexing designations (such as
"Coverage A," "Defense, Settlement, Supplementary Payments, " "Cancelation,"
etc.), including literal or numerical designations or paragraphs or phrases,
may be amended or omitted at the company's option. When such identifying or
indexing designations, used for the purpose of reference in the text of the
form or any endorsement form applicable thereto, are amended or omitted,
descriptive desimptions shall be substituted therefor.
4. Additional Coverages or Companies, Explanatory or Connective Language
When policies are issued to provide insurance in this form together with
insurance covering other risks, the e-iaition of necessary explanatory or
connective language which does not amend the expression of this form is per-
missible and the introductory language of the "Insuring Agreements" which
provides for the issuance of a policy by two companies may be used and, if
necessary, paraphrased to permit such policies to be issued by more than two
companies.
5. Declarations--Including Other Risks .
A common set of declarations maybe used in those cases 'where policies in
this form are issued with policies covering other risks.
• i
r ,1,
Page 2.
June 30, 1967.
•
*6. Installment Premium Payment •
Policies written to provide for payment of premium in'installments may
provide for lapse or suspension of the policy upon default of payment when due.
*Not applicable in Texas •
7. Addition of Coverage by Endorsement
When insuring agreements and other provisions relating to any particular
class of insurande are added to this policy by endorsement, such additional
insurance must be expressed in approved standard language relating to the
particular class and must be subject to all standard provisions applicable
to that class by the expressions of the endorsement or of the policy or
of both taken together.. • •
8. Definition of "Standard" and "Approved"
• "Standard language" or "approved standard language"' when used in these
instructions means the form and endorsements either prescribed or approved
by the insurance supervising authority of the state in which policy forms .
and endorsements are approved or prescribed. In those states where super-
vising authorities do not have the authority to approve or prescribe poll- •
cies, forms and endorsements, the terms mean the forms and endorsements
.adopted by the companies for use in such states.
•
9. Premium Statement
The statement with respect to payment of premium may be amended by an.
endorsement to make necessary provision with respect to payment of premium,
payment of additional premium and return of premium Eva dividends]* under
the policy.
10. Special Conditions for Mutuals, Reciprocals, and Participating Stock
Companies
When the policy is issued by a mutual company, a reciprocal associ-
ation or a participating stock company having special provisions appli-
cable to its membership or policyholders, such provisions, when approved
by the supervising authority of the state in which the policy is issued if
such approval is required, may be inserted in the policy.
r
*See General Instruction 10
•
June 30, 1967. Page 3.
•
REFERENCE NOTES
1—Matter in brackets may be included, omitted or amended at the option
of the company.
2—The effective hour and date of the policy may be typed or printed in
this space.
3—A statement may be added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded. '
4—Nan: of company may be shown.
5—The capacity of the person countersigning may be stated.,
6—Additional declarations of this type, calling for general information
or information regarding installment payment of'premit , may be used
at the option of the company.
•
7—The name and location of the company are to be stated. The type of
• the company and the word used throughout the policy suitably to desig-
nate the company are to be stated.
8—The language of this paragraph is optional with the company. .
• , June 30, 196;-_ `, •
Page 4.
June 9. 1978 (Rev.)
II
June 16, 1981 (Rev.)
C
m > 'O
Cr. b a
.d m m E
m 4 m tO U 10
'V. A.-1 C
V
O a
CG .Ci .�-1 LL C
u .C. 54 m .44 0.0 - c
e m ^+ V 0 +-144 C a
0
P. m V a mV 0 0 4 y1 ..mj
d Y W t. N U o
O
.-1
4.
.+ H
m m .� 0 u
m m > V V +d 4 _ m
a m o a m . m c' to 13
0
m V V .0 .0 a' b O
W a O m 0 m
m
a
aC o C a .4 9 O• 'O •
F
O O c11C O V
sV 7 C7 a -40 ..Vyy Y .4.g31 O .,�1 O .4
11. 0
G b 040
91 'I O '.4 O EO O
O U a 1•
tlVd +2 N p ra ev I.0 pp
O O C V A m N V1- m
I� � >4 .4 V 443
0 u
Li. ___I zri
b a o U WM a
>.. 5p. O0
t w 't' 0 40 � ,d C 0 pSp S O O !J N 6 ypo o q .1• > r
U U '-I O .Z -C . m m m 14 F
E 43 V im. Z2
m O p4 .00
i .+ 0 •14 01 0 m + M 40
D.
aid 7 .-1 C ,V1 M O 4
al i q
rG .V1 w 4a q .i .I a .- V .4 --
M M +� -y1. a it N
Q m .-( E a d N O a 0. 444
CO a H ai w •O"• .m. .Vi 0 `� .mw, 14
Z 4 „ Q 'C <n 5' ' o 0
O L W g .� V V 0.... go
�a a U U O
VI aO. 1�.0 & o t0 H a, m s.0 a
{V 0
O W1�'�m.mC U IS P. 12
i
7 •^' i~i 0NO• Imi V C
Q W U a Q
H 0
.ti P. m 001 O 0 C C
'd U C
M U S.
mgm m
Zvi
0 a d
m G U 44 O Z P. gU m ti .
a • a
i� ^� m cv •
im 2 v;
r-' a imi a a a a
�1 43 V V
V V
C1 H Q M H M M
.
f June 30, 1967.
Page 5.
1 U
r-% .
N
CO
su
m +>,
O
a yh 00
S
V 7 > t' a
m C U m ‘13)4 •
> O T•' 01
C 04c > 00119-I a4 0 C _
Y
fi 0 a 40 - 0
gco
4 m
U 4h1 C
U F a �
0.0 �11
m H C i
a
m U N h
tl'4 m m a:
m N +) +� Ohl a m
. 0 O 0 0 C 5 a
17 C.) w ami p m 93
O 0 G L a
a 0 Hi
4.2 411 m 0 O r1 C C
W CC
h V} +/} .
Od 00 U 0.1
a a H
43
m
Sm Ft
H0
C a
+3 V H
O a) 0 •
N U C.. a
g m M
42
CO
N g.42 g p
En 0 43 1 C a • 0
o 0 4-. d O
1 a) m
07 ixi % N m
Y x O 7 a .4
C O p4 a
I .4
14Am�yy
9 O) rl
•.0..1M C P-9 g O 0m 0 4
m h O .1 C d
•ri U a .9 m 01
m m
a a .a " -J
A A +O+ .�gp� 'pd S 0 m
0.0.' 9 m 0 F„'
d
E N F7.4
L ( a I I Q •
. Ri
4.2
H 11
•
•
•
July 13, 1967. - Page 6.
-VA (For policy issued by one company)
BLANK INDEMNITY COMPANY
7
(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 state-
ments in the declarations made by the name insured and subject to all of
the terms of this policy:
(For policy issued by two companies)
BLANK INDEMNITY COMPANY
• and
BLANK INSURANCE COMPANY
7
(Each a •
insurance company, herein called the company)
Severally agree 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 made by the named insured and subject
to all of the terms of this policy, provided the Blank Indemnity Company
shall be the insurer with respect to coverage and no
other and the Blank Insurance Company shall be the insurer with respect to
coverage and no other:
INSURING AGREEMENTS
* 1. Coverage A - Bodily Injury Liability
To pay on behalf of the insured all sums which the insured shall be-
come 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 employee of the governmental authority specified in
Item 5 of the Declarations, 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, 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.
• June 30, 1967. Page 7.
Cover C - Physical Damage to Property
To pay for direct and accidental loss of or damage to rolling stock
and their contents, mechanical construction equipment, or motive power
equipment, hereinafter called loss, arising out of acts or omissions at
the designated job site which are related to or are in connection with
the work described in Item 6 -of the declarations; provided such property
is owned by the named insured or is leased or entrusted to the named
insured under a lease or trust agreement.
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 designated
inin Item 4 of the declarations and includes all subcontractors of
said contractor but shall not include the named insured.
(c) Desipmated 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 governm°ntal authority.
(d) 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, roll-
ing stock or mechanical construction equipment.
III. Defense, Settlement. Surplementary Payments
With respect to such insurance as is afforded by this policy under
coverages A and. B, the company shall:
(a) defend any suit against the insured alleging such bodily injury or
property damage and seeking damages which are payable under the
terms of this policy, even if any of the allegations of the suit
are groundless, 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:
(1) all expenses incurred by the company, all costs taxed against
the insured in any such suit and all interest on the entire
•
' N
June 30, 1967. Page 8.
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. -
I0. 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 intentionally by or at
the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after
• notification to the named insured of the'acceptance 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 (1), 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, unemployment 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 purposes of this insurance be deemed not to be any
similar law;
(f) under coverage 3, to injury to or destruction of property (i) owned
by the named insured or (ii) leased or entrusted to the named insured -
under a lease or trust agreement.
. p .
September 29, 1967. Page 9.
(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 Underwriters or Nuclear Insurance'
Association of Canada, or would be an insured under any such
policy but for its termination upon exhaustion of its limit
of liability; or
(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 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, trans-
ported 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
exclusion (c) applies only to injury to or destruction of
property at such nuclear facility.
September 29, 1967.- Page 10.
4. As used in this exclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;
•
"nuclear material" means source material, special nuclear material
or byproduct material; •
"source material", "special nuclear material", and "byproduct
material" have the. meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating
the isotopes of uranium or plutonium, (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 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 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.
•
June 30, 1967. Page 11.
CONDITIONS
[The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10, 11; and 12, apply
to all coverages. Conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 apply only
to the coverage noted thereunder. ].I.
1. Preriu.•d 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 contractor for rental
of work trains or other railroad equipment, including the remuneration of all
employees of the insured stile operating, attached 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, rates, 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 shall 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 limit of bodily injury'liabiiity stated in the
Coverage A declarations as 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 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
provision respecting each person, the total limit of the company's liability
for all such damage arising out of bodily injury sustained by two or more
persons as the result of any one occurrence.
4. Limits of Liability The limit of liability under coverages B and C stated
Coverages B and C 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 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 provision 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 physical injury to,
•
June 30• , 1967. Page 12.
•
destruction of 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. Severability of Interests The term "the insured" is used severally and
Coverages A and B not collectively, 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 contain—
ing particulars sufficient to identify the insured and also reasonably
obtainable information with respect to the time, place and circumstances
thereof, and the names and addresses of the injured and of available wit—
nesses, shall be given by or for the insured to the company or any of its
authorized agents as soon as practicable. If claim is made or suit is
brought against the insured, he shall immediately forward to the company
every demand, notice, summons or other process received by him or his
•
representative. .
•
• 7. Assistance and Cooperation of the Insured The insured shall cooperate
Coverages A and B with the company and, upon
the company's request, attend hearings and trials and assist in making
settlements, securing and giving evidence, obtaining the attendance of wit—
nesses 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.
8. Action Azainst Company No action shall lie against the company unless,
Coverages A and B ' as a condition precedent thereto, the insured
shall have fully complied with all the terns 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.
Coverage C No action shall lie against the company unless, as a con—
dition precedent thereto, there shall have been full compliance with all
the terms on 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 insured
Coverage C
•
Page 13.
June 30, 1967.
(a) protect the property, ‘;tether or not the Ioss is covered by this
policy, and any further loss due to the insured?s failure to pro—
tect shall not be recoverable under this policy; reasonable
expenses incurred in affording such protection shall be deemed
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 including such information
as the company may reasonably require and shall, upon the com—
pany's request, exhibit the damaged property.
10. Aonraisal If the insured and the company fail to agree as to the
Coverage C amount of loss, either may, 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 apprais—
ers shall state separately the actual cash value and the amount of loss and
fanning to agree shall submit their differences to the u=mpire. 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 equPtly 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 money but there
Coverage C shall be no abandonment of the damaged property to
the company.
12. No Benefit to Bailee The insurance afforded by this policy shall not
Coverage C enure directly or indirectly to the benefit of
any carrier or bailee, other than the named insured, liable for loss to
the property.
13. Subroeation In the event of any payment under this policy, the com—
•
pany shall be subrogated to all the insureds rights of recovery therefor
against any person or organization and the insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure
such rights. The insured shall do nothing after 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 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 estop the company from asserting any right under the terns
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[ signed by
(here insert titles of authorized company officials
or representatives); provided, however changes may be made in the written
portion of the declaration by (here insert titles
June 30, 1967. Page 14.
of authorized company representatives) when initialed by such
(here insert titles of authorized company representatives) or by endorsement
issued to form a part of this policy signed by such (here
insert titles of authorized company representatives) I, •
17. Assignment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon.
18. Cancelation This policy may be canceled by the named insured by
railing to the company written notice stating when thereafter the cancela—
tion shall be effective. This policy may be canceled 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 cancelation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancelation 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 custorary short rate table and procedure.' If the com—
pany cancels, earned premium shall be computed pro rata. Premium adjust—
ment may be made either at the time cancelation is effected or as soon as
practicable after cancelation becomes effective, but payment or tender of
. unearned premium is not a condition of cancelation.
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
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.
(For policy issued by one company)
In witness whereof, the Blank Indemnity Company has caused this policy to
be signed by its president and a secretary at and countersigned 8
on the declarations page by a duly authorized, agent of the company. ' •
(FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary President
(For policy issued by two companies) -
In witness whereof, the Blank Indemnity Company has caused this policy
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at 8
and countersigned on the declarations page by a duly authorized
agent of the company.
(FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary President
In witness whereof, the Blank Insurance Company has caused this policy,
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at_ 8
, and countersigned on the declarations page by a duly authorized agent
of the company.
(FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary President
ram
FLASHING LIGHT SIGNALS AUTOMATIC •
AGREEMENT UPRR R&B:CR 44 - 5
7-11-83
g 3 Jaggy
Hello