HomeMy WebLinkAbout1976-05-26 - Indenture SOUTHERN PACIFIC TRANSPORTATION (RAF - VI - 1/29/76 - 43860/323] ,
jRECORDING REQUESTED BY
0
1 85J700
CITY OF HUNTINGTON BEACH
F30
past 4 P M JUL 141978ECORDED IN OFFICIAL RECORDS
EXv1IPT F ORANGE COUNTY, CALIFORNIA
C 9 Min. °*
--
AND WHEN RECORDED MAIL.TO /_t
L WYLIE CARLYLE,County Recorder �"+y"�'
Name � CD
CITY OF HUNTINGTON BEACH
Street Address Office of the City Clerk 723
City
P. 0. Box 190
State Huntingtnn Beach. Calif. 92648
Zip
PACE ABOVE THIS LINE FOR RECORDER'S USE
Mile Post BAA-522.11-X-N
THIS INDENTURE, made this Z&T—Mday of , 19761
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein termed "Railroad", and CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, Post Office
Box 190, Huntington Beach, California 92648, herein termed "Grantee";
WITNESSETH:
1. That Railroad hereby grants to Grantee the right to con-
struct, reconstruct, maintain and use a street or highway by means
of an underpass, hereinafter termed "highway", over and across that
certain property of Railroad in the County of Orange, State of
California, more particularly described on the Exhibit "A", attached
and made a part hereof.
1-a. The rights granted are limited vertically to a plane or
planes coincident with the top of the underpass structure, or a
plane parallel with and twenty (20) feet above the roadway surface
of the highway as originally constructed, whichever is the higher.
1-b. Any contractor performing work on the property herein
described shall execute Railroad's standard form of contractor's
right of entry permit prior to commencing any work on Railroad's
premises.
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
* free of charge.
Tax-Exempt-Government Agency
City of Huntington Beach
Alicia M. Wentworth
erk
By: ---.. _....- j .. .....
peh.tu clty Cier
-1-
2. This grant is made subject and subordinate to the prior and continuing right and obligation of '
Railroad, its successors and assigns, to use all the property described herein in the performance of its duty
as a common carrier and for that purpose there is reserved unto Railroad,its successors and assigns, the right
(consistent with the rights herein granted) to construct, reconstruct, maintain and use,existing and future
railroad tracks, facilities and appurtenances and existing and future transportation, communication and
pipe line facilities and appurtenances in, upon, over, under, across or along said property.
3. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, .....
encumbrances,liens and claims of title which may affect said property and the word GRANT as used herein l
shall not be construed as a covenant against the existence of any thereof.
4. The rights herein granted to Grantee shall lapse and becore void, llthe construction or recon-
struction of said highway upon said property is not commenced withiu'RRJ)� r NOR date first herein (A
written. *.*
5. This.grant shall not be construed as conveying or otherwise vesting in Grantee the right to install
or the power to authorize the installation of any ditches, pipes,drains, sewer or underground structures,or
the facilities of any telegraph, telephone or electric power lines in, upon, over, under,across or along said
property, except as may be necessary for the maintenance of said highway.
6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct,
maintain and use said highway upon said property from the governmental body or bodies having jurisdiction
thereover.
7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing,
reconstructing and maintaining said highway upon said property. Tow-oressiag-ei.sai -over-airy
4m Ae-off Raiiread-ekel�le-ecw&tfuefi d-m4 gnainWaed-a t 4he-grade-of wid-treek-s-new or-hereafter-existing.
A4ter-the-4,e eta-cw-reoeeetFuetien-of-emd-htghway-lms-been-eernpleieel•, aiMoari-sliail:msinteizs-the
per4 ie*e betwee 41._es-t { }#eet-eatside i1s4,eaeh-traele loeated-thereon:
8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of
any authorized lawful body against the property of Railroad (and which may have been paid by Railroad)
to defrayany part of the cost or expense incurred i corm n with the construction or reconstruction of said
highway upon said property commenced withii}/ 9? f7demafhe date first herein written.
9. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part
a thereof,or fail at any time to use the same for said purpose for a continuous period of one (1) year, the rights
granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors or
assigns,shall"at once have the right,in addition to but not in qualification of the rights hereinabove reserved,
to resume exclusive possession of the said property,or the part thereof the use of which is so discontinued or
abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the
same state and condition in which it existed prior to the construction of said highway,and to bear the expense
-thereof._ Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said
property, such removal and restoration may be performed by Railroad at the expense of Grantee, which
expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
respective officers thereunto duly authorized as of the day and year first above written.
r
SOUTHERN PACIFIC TRANSPORTATION
COMPANY,
By
., Title Manager, Contract Dept,
Attest; u-�--�- --'
Assistant Secretary
CI F HUNTINGTON BEACH,
By �!
w
Mayor
- ' By
Clerk
,
' . STATE OF CALIFORNIA $ ' 1O
City and County of San Francisco I ss.
On this 22nd day of June in the year One Thousand Nine Hundred and Seventy Six
before me,GENE H.ELLINGER,a Notary Public in and for the City and County of San Francisco,State of California,personally appeared
(One Market St.)
L. D. Blake and A. G. Richards
known to me to be theanagE'r, Contract Department and
1� Fl EL i� �_R N Assistant Secretary
G�rly P. 'NI Aof the corpora tion_describ ed in and that executed the within instrument, and also known
to me to be the person--S—who executed it on behalf of the corporation._therein named
GT{ Gi co , T- OF
• . and_ he_V—acknowledged to me that such corporation executed the same.
'973
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal
at tiny office in the City and County of San Francisco,the day and year in this certificate first
above written.
Corporation ,��(._ a
Notary Public in and for the City and County of San Francisco,State lifornia.
My Commission Expires July 11, 1979
1221
(Approved as to form by General Counsel
April 14, 1959)
t
Form Approved:
@ufferin Attorney
General
Approved as to Corporate Owner:
r _ ,
Valuation Officer
a
Approved
Chief Engineer
Description Correct:
Division Engineer
Recommended
Superintendent
r
Form of Execution Approved:
r
iftamum Attorney
General
i
APPROVED AS TO FORM: Ell , 811PO3,,
City Attorney
APPROVED AS TO CONTENT:
City Administrator
APPROVED BY INITIATING DEPARTMENT:
'10 0e�,A-e��z:�,
Direc or of lic Works
APPROVED AS TO FUNDS:
Financ Director
EXHIBIT "A"
Easement for Ellis Avenue Underpass 323
That portion of the North one-half (N 1/2) of the North
one-half (N 1/2) of the North one-half (N 1/2) of the South
one-half(S 1/2) of Section 35, Township 5 South, Range 11
West, San Bernardino Base and Meridian, in the City of
Huntington Beach, County of Orange, State of California, as
shown on a map recorded in Book 51, page 13 of Miscellaneous
Maps, Records of said County, described as follows:
Beginning at the center of said Section 35 as
per Tract 7601 as shown on a map recorded in Book
307, Pages 38 and 39 , Records of said County; thence
West along the centerline of said Section 35, 20.00
feet to its intersection with the Westerly line of
land (65 feet wide) of Southern Pacific Transportation
Company; thence South 0002102" West along said Wester-
ly line 22.22 feet to the TRUE POINT OF BEGINNING; thence
continuing South 0002102" West along said Westerly line
180.00 feet; thence South 89057158" East 65.00 feet to
its intersection with the Easterly line of said Company's
land; thence North 0002102" East along said Easterly
line 180.00 feet; thence North 89°57158" West 65.00 feet
to the TRUE POINT OF BEGINNING.
x
�L
EX ! i ?G 132
RESOLUTION No. 4232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ACCEPTING GRANT OF EASE-
MENT AND AUTHORIZING EXECUTION OF AGREEMENT
TO CONSTRUCT GRADE SEPARATION, AND DIRECTING
CITY CLERK TO FILE SAME
WHEREAS, the Southern Pacific Transportation Company, a
Delaware corporation, and the City of Huntington Beach mutually
desire to enter into an agreement whereby the city will take
from the Southern Pacific Transportation Company an easement
over said company' s railroad right-of-way where such right-of-
way now intersects with a certain street called Ellis Avenue
within the boundaries of the city; and
Pursuant to such agreement and at its cost, the city will
construct, maintain and use a grade separation at such Inter-
section,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that :
1. The City Clerk and Mayor are hereby authorized to
execute on behalf of city the agreement attached hereto as
Exhibit "A . "
2. The City Administrator is authorized to accept grant of
easement on behalf of city in the form attached hereto as
Exhibit "B" and cause, same to be recorded.
3. The City Clerk is hereby directed to forward certified
copies of the agreement, grant of easement and this resolution
to the Southern Pacific Transportation Company.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting; thereof held on the
3rd day of May s 1976.
Mayor
WSA:ahb
1 .
ATTEST: APPROVED AS TO FORM:
OWN
City Clerk �}' ` C ty AttdVING
co
APPROVED AS TO CONTENT: APPROVED, INITIDEPARTMENT:
-v
c�
C ty Administrator --
i au t iSCAL IMPACT
FISCAL IMPACT -- BUDGETED
-
FISCAL Mr,"AU REQi t;' 15 _'DvFT J
dirt", i Mill UAL ;;o-rm r REPORT_.r.,..
2.
• Re*10. 4232
S'PA'd't, OF CALIFORNIA }
c;(}tifrl'Y OF ORAI E ) ss
CITY OF HUNTINGTON BEACH
co
1, ALICIA N. WBNTWO !'t2, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the c
City Council of said City, do hereby certify that the whole number of (�
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 3rd
of May , 19 76 by the following vote:
AYES: Councilmen:
Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
AO foregoing instrument is a correct copy
D1 We original on file in this office.
City_ Clerk and Ex-officio Clerk of the City
Council a City of Huntington Beach,Cal.
Deputy
a
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648 CPO
DEED CERTIFICATION
00
This is to certify that the interest in real property conveyed by the
deed dated May 26, 1976 from Southern Pacific Transportation Company
to the City of Huntington Beach a municipal corporation, is hereby
accepted by the undersigned officer or agent on behalf of the City
Council of tr.- C OF 0 r t authority N
CITY HUNTINGT N BEACH pursuant o the au y
conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7 1972 and the rant�ee consents
to the recordation thereof by its duly authorized officer.
Dated : July 12, 1976 CITY OF HUNTINGTON BEACH
pr trin n� tRrr•n(11na�Rru
ty
By:
Y
RAF - VI 1/29/76 4386 323
181110328
Mile lest BAA-522.11-X-N
THIS AGREEML24T, made this 2.06day of , 1976, by
} and between SOUTHERN PACIFIC TRWMTATI ANV, a corporation,
herein termed "Railroad". and CITY. OF HUNTINGTt'IN USACK, a municipal
corporation of the State of California, Post Office Box 1.94, Huntington
Beach, Californian 92648, herein termed "City";
RECITALS:
City ,proposes to construct a grade separation
at Ellis .Avenue, Crossing No. BAA-622.1.1$ at or near
Huntington Beach, in the County of Orange, State of
California, at the location and in the manner shown
on the print of Railroad's Los Angeles Division aw-
ing A--11948 dated February 27 1975, attached and made
a part hereof.
By separate indenture, Railroad will grant to
City the right to construct, reconstruct, maintain and
use a highway by weans of an underpass hereinafter re-
ferred to as "structure" upon certain property of Rail-
road at said Huntington Beach, California.
The parties now desire to set forth hereib their
understandings and agreements relating to the construction
and maintenance of said structure, and the changes made
necessary in connection therewith.
AGRE EVENT
1. Except as herein otherwise provided, City shall furnish or cause
to be furnished all labor, materials, tools and equipment for the con-
struction of said structure. Said structure shall be constructed in a
manner to accommodate Railroad's tracks and in accordance with plans and
specifications which sbal.l be subject to the approval of Railroad.
The work to be performed by City includes construction of four (4)
spans of cast-in-place reinforced concrete boat girders totaling 131 feet
n length, resting on concrete piers and abutments on a pile foundation.
City shall reimburse Railroad for all cost and expense incurred by
Railroad in connection with the construction of said structure, including,
but not limited to, the items listed on Exhibit "A", attached and made
a part hereof. Work to be performed by Railroad shall include but not
be limited to removal and later restoration of approximately 198 feet
of branch track at the bridge construction site and furnishing of
engineering inspection as required The estimated amount of the cost
and expense to be incurred by Railroad in connection with the construc-
tion of said structure is summarized in said Exhibit "A".
1
All work to be performed by Railroad hereunder shall be done only
by its employees working under railroad labor agreements on a force-account
basis or by contract. Railroad shall submit all statements of cost to City
Sk
IkI329
for payment of work performed by Railroad in accordance with the Inter-
state Commerce Commission's System of Accounts for Railroads and on the
basis of the items set forth in said Exhibit "A". The final statement
of casts shall cover the actual cost of items of work performed by Rail-
road.
2. City shall bear liability for and all costs involved in or
associated with the rerouting of trains and/or transfer of freight to
reach its destination, caused by or brought about by the temporary sus-
pension of service due to the removal of tracks during the construction
period.
3. All work contemplated in thin agreement shall be performed in
ssE good and workmanlike manner to the satisfaction of the parties, and
each portion shall be promptly commenced by the party obligated to do
the same and thereafter diligently prosecuted to completion In its
logical order and sequence.
The books, papers, records and accounts of the parties, so far an
they relate to the items of expense for labor and materials or are 'in
any way connected with the work herein contemplated, shall at all reason-,
able times be open to inspection and audit by the agents and authorized
representatives of the parties.
4. In the: event any of the work contemplated herein, upon the
property of Railroad, is advertised for bids by !City, the awarded con-
tract shall include the provisions set forth in Exhibit "B", attached
and made a part hereof. The contractor shall not commence worts until �-
(a) City has furnished to Railroad's Chief Engineer a
copy of said contract, executed by contractor, and
a public liability and property damage policy con-
taining endorsement in substantially the same form
incorporated in said Exhibit "B" and
(b) Railroad's Chief Engineer has advised City by letter
that the limits, form and wording of said insurance
policy are satisfactory to Railroad.
Said public liability and property damage insurance policy or
policies shall be kept in full force and effect by City'ss contractor
during the performance of said work upon and adjacent to Railroad's
property, and thereafter until contractor removes all tools, equip-
ment and material: from Railroad's property and cleanse up the promises
to a presentable condition satisfactory ry to Railroad.
w2-
.410
Ex 1: 1811 c 1330
City and its contractor shah. Rive reasonable notice to Railroad's
Division Superintendent before commencing any work its connection with �
said structure upon or adjacent to Railroad's property, and shall ob-
serve Railroad's rules and regulations with respect thereto. All work
upon said structure shall be dome at such times and is such manner as
not to interfere with or endanger the operations of Railroad.
S. Upon completion of the construction of said structure, City �
shall,, at its own expense, maintain that part of said structure below
the bridge seats, including pavement, highway drainage, lights and all �
highway facilities. Railroad, at its expense, shall maintain the part
of said structure above the bridge seats including the underpass deck &:
tricks I. railroad drainage and all rxilroaed facilities t
6. This agreement shall inure to the benefit of and be binding
upon the successors and assigns of Railroad and the assigns of City.
XR WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first heroin written.
SOUTHERN PACIFIC BAR TA I T QN
COMPANY,
VffffeYU4�...e.
eager, ontict
ClotqF MINTINC70N BBA
SY
mayor
BY
er �
STAr>~ of CALIFORNIA U1181IM331
COUNTY OF oR&Wz
1A7 l9/ ,, .,..> before are:,
on this day of remally red
# a1 Fublic in sort f ssid Co and Stott, Pe
knmm to me to be the Mayor mod
ides► are to be the City Clerk of the City
t f i3u tit►gtoa �bek tcii, the aa►iaival corporation that execeted the within
instrument► knwn to cat to be the persons who wMeutee the within
� of
str nt an if o said e�icipal corporation aW as
me that such to icipal corporation exorated the "me-
4 wa:#♦#4♦##a��s
W :ClAL
# FJG"AJO VUBVIC- CA LIFORM'!A M
♦ Fffl CIF•AL OFFICE IN '+ '
URAMf COt/NTY
t MY ri ntis;,r,~s !-,pi ; Octub a 10, 1977
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On this day of 1976 before me,
a N tary Public in and or said C my and State, personally appeared
known to me to be the Mayor and
known to me to be the City Clerk of the City
of Huntington Beach, the municipal corporation that executed the within
instrument, known to me to be the persons who executed the within in-
strument on behalf of said municipal corporation and acknowledged to
me that such municipal corporation executed the same.
,� ���®oao®®e�oaavae�®msaeaaoa®a♦
® OFFICIAL SEAL
CQNME A. BROCKWAY
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
v ORANGE COUNTY
It a My Commission Expires October 10, 1977 '
a
Uf 181 IM332
APPROVED AS TO FORM:
City A orney
APPROVED AS TO CC3N
city Administrator
APPROVED BY INITIATING DEPARTNZNT:
Dire ar*o1woVublic Works
APPROVED AS TO FUNDS
r
r n;nce Bisector
,�' ► al 1811 PG 1333
HUNT
INGTON BEACH, CALIFORNIA
PROPOSED E ALIS AVENUE UNDERPASS NO. BA.A-522.11
g2mmar of Estimated Railroad Cots
A. Preliminary Engineering # 19300
B. Track Mork 29340
C. Engineering; Inspector and Expenses 11,450
D. Equipment Rental. 200'
E. Freight Charges on Material 30
F.
Vacation A11owance 876
G. Holiday Pay 435
r-{ Hpa th And ?•relfare 833
I. RR Retirement & Unemployment Tax 21,270
J. PD, PT, & WC Insurance 483
K. ,Supervision 19208
L. Contingencies e J40
Total Estimated Cost 23,5 5 $
i
DR City* of Huntington Beach 23.565
C'E 1-19/7
Exhibit "A"
' WIEBL LG
' fry o
PrO ELLJ 5 Ave.
Ik
40
co*w of
to Ala
.'L
•� �, �•
C dM
'pow `
LE66E N Q
«► ..
,3, r
So(.. pre p<o p G 1't q I t r!!!.b
:":;•:. Pr�pcssed tis sr►t,lreat/,7' IEBLINa
FBrld5e Struct ur mat! ;t 7'�apo,F .4 Eessi+�s,�t to Cltyc�fNaatr tm»
l,�t�eh !'br[LL13 Ave r�gs�t
mns
Bic l ! 8! IP0335
waitaae$a
WAXIO!MW RA OAR 2MP
o , e,marl -- The term "Ra lrood"shall be understood to moon the
The term "Political Subdivision" shall be understood to wean
It is expected that Railroad will cooperate with the Contractor, to the end
that the work may be handled in an efficient manner, but the Contractor shall
have no claim for damages or extra compensation in the event his work is held
up by the work by Railroad forces.
b allroaac,�„R, a remen a The Contractor shall cooperate with Railroad
ore workIn over or er the tracksp or within the limits of Railroad pro-
perty, in order to expedite the work and to avoid interference with the oper-
ation of railroad equipsiont.
The Ccntraotor shall comply with the rules and regulations of Railroad
or thee instructions, of Its representatives in relation to the proper runner
of protecting the tracks and property of Railroad and the traffic moving on
such tracks, as well an the wires, signals, and other property of Railroads
its tenants or licensees, at and in the vicinity of the work during the period
of construction.
The Contractor shall perform his work in such manner at such time as
shall not endanger or interfere with the safe operation of the tracks and pro-
perty of Railroad and the traffic moving on such tracks, as well as wires, s -
anals and other property of Railroad, its' tenants or licensees, at or in V a Sri-
einity of the work.
Except as otherwise provided herein, the Contractor' s operations shall not
Infringe can the following minim= clearances from any railroad tracks
101 - Oft horizontally from center linen of track.
a' 4;wvertically above tog of rail.
Any infringement can the above clearances duo to the Contractor's super*-
ationee shall be submitted to the Railroad and to the Welnoor,, and shall not
be undertaken until approved by the Railroad, and until the Engineer has ob-
tained anyne essay authorization
,� from any governmental beady or bodies having
jurisdiet on theeroover. No extra compensation will be allowed in the event the
Contraictor' a work is delayed pending Railroad approval and govornsiontal, authori-
zation,
In the case of impaired vertical esl.earance above top of roll, Railroad shall
have the option of installing tell-tales or other protective devisees railroad
deems necessary for protection of Railroad trainmen or rail traffic.
12_1-61 ,.1..
Non FA
N* a details of construction affecting the Railroad tracks and property
riot Included in the contract plans shall be submitted to the Railroad for
approval before such work is undertaken.
Except in connection with construction of grade separation structures
premises of Railroad, no private crossings at grade over tracks of Railroad
for the purpose of .hauling earth, rock, paving or other materials will be
Permitted. If the Contractor, for the purpose of constructing highway-railway
grade separation structures, including construction ramps thereto, desires to
xovee his equipment or materials across Railroad's traaks, he shall obtain
permission from Railroad; and, should it be required, the Contractor shall
execute a private orossing agreement, The crossing installation for the use
or the Contractor, together with any protective devices, if required, shell
be at the expense or the Contractor. Contractor shall furnish his awn
employees as flagwsn to control movements of vehioles on the private roadway
and shall take all measures necessary to prevent the use of such roadway by
unauthorized persons and vehicles.
In advance, of any blasting,, the Contractor shall notify Railroad in order
that proper flagging protection may be provided.
The Contractor shall., upon completion of the work covered by this con-
tract, to be: performed d by Contractor upon the premises or over or beneath the
tracks of Railroad, promptly remove from the promises of Railroad all of Con-
tractor's tools, implo tints and other teerials$, whether brought upon said
promises by said Contractor or any subcontractor, employes or a *nt of Cori►
tractor or of any subcontractor,.for and cause said promises to be left in a
,clean and presentable: condition,
c Protection of Railroad F'a.cilitjoA --, In connection with work Performed
it raliroau orris ngs, MiroO representatives, conductors, flagman n or
watch-
►, will be provided by Railroad to protect its facilities, property and
movements of its trains, or engines, when in the opinion of Railroad's 'repre-
sentative same is necessary due to the Contractor 's operations while working
on or adjacent to the Railroad's property, or. its . tracks e
The cost of all personnel deemd necessary by Railroad and provided by
Railroad for the protection of ai,lroad facilities and trains during the per-
iod of constructing the separatism, and the cost or installing protbative
devices in the case of impaired clearance, as above specified, shall be borne
by the Contractor and sums sufficient to cover the claim 'based upon bills
rendered to the political subdivision by Railroad for such costa will bar
deductod from the progress and final Ray estimates due the Contractor.
The rates of pay of Railroad wmpl oyees customarily called upon to act for
the protection of Railroad are the railroad rates in effect at the time of the
work for the various classes of labour. Compensation, property damage and pub*
lio liability insurance, vacation and holiday time, railroad retirement and
unemployment taxes, health and welfare, and supervision charges shall be addend
to the, above rates.
Railroad will, upon request* furnish prospective bidders with an set mte
of cost of the Flagging protection which will bey , required, but such ostimte
shall be understood to be approximate only and no guaranty is made that the
total 000 t of such f lagging will not be in excess, of the estimated sx-oun *
The determination or the cast of flagging and protective devices to be used
as a basis for the submitting of bids shall be the responsibility or the pro-
spective bidders.
d) Work by Railroad CgManj -- Railroad will rearrange its telepho ns tols-
graph and slgnil Mes and appurtenances..s and will make all track * es an
will perform any other work In connection therewith.
7 -27-65
Ron PA ..p..
OM,
• III 181-IM1337
?he worm by Railroad will bps cons by its oan tbrcea and is not a part of
the work under this contract,
Additional Work by Railroad Compwq (if any) --
A-qrgM,*jjj ,. Before doing any work on Railroads s properly, the pontractor
shall execute an agreement with Railroad in the form of agreement annexed hereto*
I
ftn FA w3w