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2003-159-RES APPROVING/ACCEPTING EXECUTION OF PIPELINE CROSS AGREEMENT WITH UNION PACIFIC RAILROAD
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2003-159-RES APPROVING/ACCEPTING EXECUTION OF PIPELINE CROSS AGREEMENT WITH UNION PACIFIC RAILROAD
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8/18/2006 4:28:23 PM
Creation date
12/29/2003 2:55:31 PM
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CITY CLERK
Doc Name
2003
Doc Type
Resolution
CITY CLERK - Date
9/29/2003
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<br />PLlWUDRAINAGE INS. 02116101 <br />Form Approved, AVP-Law <br /> <br />EXHIBIT B-1 <br /> <br />Union Pacific Railroad Company <br />Insurance Provisions For <br />Pipeline I Wireline I Drainage License Agreements <br /> <br />Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: <br /> <br />A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least <br />$2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000, Coverage must be purchased on a post 1998 ISO <br />or equivalent form, including but not limited to cover,age for the following: <br />. Bodily injury including death and personal injury <br />. Property damage <br />. Fire legal liability (Not less than the replacement value of the portion of the premises occupied) <br />. Products and completed operations \ <br /> <br />The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: <br />. "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union <br />Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed <br />under any Workers Compensation, disability benefits, or unemployment compensation law or similar law," <br />. The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not <br />limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground <br />hazard shall be removed. . <br />. Coverage for Licensee's (and Licensor's) employees shall not be excluded <br />. Waiver of subrogation <br /> <br />B. Business Automobile CoveraQe insurance. This insurance shall contain a combined single limit of at least $2,000,000 per <br />occurrence or claim, including but not limited to coverage for the following: <br />. Bodily injury and property damage <br />. Any and all motor vehicles including owned, hired and non-owned <br /> <br />The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: <br />. "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union <br />Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed <br />under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." <br />. The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not <br />limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground <br />hazard shall be removed. <br />. Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. <br /> <br />C. Workers Compensation and Emplovers Liabilitv insurance including but not limited to: <br />. Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement <br />. Employers' Liability (Part B) with limits of at least <br />$500,000 each accident, $500,000 disease policy limit <br />$500,000 each employee <br /> <br />If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' <br />compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of state approval must be <br />provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. <br />Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. <br />The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: <br />. Alternate Employer Endorsement <br /> <br />D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall .follow form" and <br />afford no less coverage than the primary policy. <br /> <br />Page 1 of 2 <br />
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