04-A Pipeline Xing AgreementDRAFT
F:kAttorney\LisakResolutions\CURRENTkPipeline Crossing Agreement Res.wpd
September 25, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC
RAILROAD COMPANY GRANTING A LICENSE TO CONSTRUCT AN 8"
SANITARY SEWER PIPELINE CROSSING; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, there exists a need to construct an 8" sanitary sewer pipeline across railroad
property owned by Union Pacific Railroad Company at Mile Post 94 on Sherman Street; and,
WHEREAS, it is necessary that the City enter into a pipeline crossing agreement with
Union Pacific Railroad Company to obtain permission for such crossing; and,
WHEREAS, a pipeline crossing agreement with Union Pacific Railroad Company,
attached hereto as Exhibit A, should, in all things be approved, and the Mayor should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That a pipeline crossing agreement with Union Pacific Railroad Company,
attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute and
the City Clerk to attest, on behalf of the City of Paris, a pipeline crossing agreement, under the
terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 29th day of September, 2003.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
PL X 940206
Form Approved, AVP-Law
Folder No: 2187-04
PIPELINE CROSSING
AGREEMENT
Mile Post: 92, Sherman Subdivision
Location: Paris, Lamar County, Texas
THIS AGREEMENT is made and entered into as of August 15, 2003, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter. the "Licensor"), and CITY
OF PARIS, a Texas , whose address is 125 S.E. 1st Street, Paris, Texas 75460 (hereinafter the
"Licensee"). munt_cipal corporation
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES lC[ERETO AS
FOLLOWS:
Article I. LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-timelicense fee
of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00).
Article II. LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
8" sanitary sewer pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated July 17, 2003, marked Exhibit A. Under no circumstances shall Licensee modify the use of
the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any
other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
Article III. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
EXHIBIT
contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractors Right of Entry Agreement.
Article V. INSURANCE
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-l, hereto attached.
The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No.
2187-04, issued by its insurance carrier confirming the existence of such insurance and that the
poliey or policies contain the following endorsement:
UNION PACIFIC RAILROAD COMPANY is named as ay additional insured
with respect to all liabilities arising out of the existence, use or any work
performed on or associated with the 'Pipeline' located on Railroad right-of-way at
Mile Post 92 on the Sherman Subdivision, at or near Paris, Lamar County, Texas.
B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort
laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable' current or subsequent law, whichever is greater, a
portion of which may be self-insured with the consent and approval of the Licensor
C. Ali insurance correspondence shall be directed to:
Folder No. 2187-04
Union Pacific Railroad Company
Real Estate Department
1800 Farnam Street
Omaha, NE 68102
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided.
Article VII. SPECIAL PROVISIONS -- NONE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF PARIS
By: By:
Manager - Contracts Title: rla¥or
A'I-I'I~ S~:
Hattie Cunningham, City Clerk
APPROt/ED AS TO FORM:
Larry W. Schenk, City Attorney
.ACE .Row IND,CAT,NG NO.H ENCASED NON FLAMMABLE
DIRECTION RELATIVE TO CROSSING ~ REV. 12-1~01
· · PIPELINE CROSSING
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
(OR LEGAL SURVEY LINEs ~ERE ~PLICA~E)
~ ~ FT. FT.
RIDGE NUMBER g~ ~
I ~ ~ ~TEEL CASING WALL
~~_ ' ............................... ~ OVER 48' ~ST B~
I I~''' 38 FT. "l I~ 38 FT. gO.LA TO FIGURE CASI~
76 FT.' CROSD[NG OTHER THAN
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; X .0; EXHIBIT
c) ~I~TaIBUTIO~ ~[NE ~ OR TRANSMISSION LIaE.~ UNION PACIFIC RAILROAD CO.
WALL ~H CKNES5 0~5 ~DIA~ETER 8.00 sMA~EB[AL%O~ ~S~ ~
E} CA~ING PIPE * , STEEL ·
......... 7 *~ETER I~ MATER AL~
WALL TH[~KN~3~V.~ ~v~ ~ ·
NO~E =CASING ~ HAVE 2' CLgARANCE BETWgEN ~REA~5~ E~CASED ~CROSSIHG AT
OUT~IDE D[AME~ER O~ CARRIER PIPE ~ND IN~ERIOR D[~ETER O~ ~
CASING PIPE, W~EN ~URNI~HING DIMENSIOHS~ GIVE OUTSIDE O~
CARRIER PIPg AND INSIDE OF CASING PIPE,
E) METHOD O~ I~$~ALLING C~SING PIP~ UNDER TRACK~ 5)= CI~ OF PARIS
X DRY BORE AND ,JACK (WET DORE NOT PERMITTED) ]
TUNNEL ; OTHER , ER FILE NO. 0218704 DATF
G) ~ILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTO~ X YES; NO;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND w k R N I N 0
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 3~o' .1~) I. ~LL ~C~Sl~ · e. C~IC~tI~
l) U. P. CO~NICATION O~PARTNENT, AND.HA~ ~[E~,I~,~,~ ROF L~tl~ O? .aU ~,mc c~
OPTIC CABLE DOES , X DOES NOT - tXl~ ~ vJ~l ~ fa~:
PLXg$0112
Form Approved, AVP.Law
EXHIBIT B
Section 1. LIMITATION AND SUBORDINATION OF RIGIT'FS GRANTED.
(a) The foregoing grant of right is subiect and subordinate to the prior and continuing right and obligation of the Licensor to
use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other
facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the
Licensor wilhout liability to the Licensee or to any other party for compensation or damages.
(b) The foregoing grant is also subject to a~l outstanding superior rights (including those in favor of licensees and lessees of
the L/censor's property, and others) and the right of the Licensor to renew and extend the same, and is made v4thout covenant of
title or for quiet enjoyment.
Section 2. CONSTRUCTION, lvL~NTENANCE AND OPERATION. t
(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the
Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and
all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified
and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect v~th
the requirements of any federal, state or municipal law or regulation, such req,.~rements shall govern on all points of conflict, but
in all other respects the Specification shall apply.
(b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor.
(c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification,
relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor,
the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and
cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been
approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice
President-Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such
support as it may deem necesscu7 for the sa/ety of its track or tracks during the time al construction, maintenance, repair, renewal,
modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the
Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the
Licensor in connection therewith, which expense shall include all assignable costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the
adjacent surface of the ground.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable
to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (i0) days (or
such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in
connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline.
All such work shall be prosecuted diligently to completion.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall be~ the entire cost and expense incurred in connection with the construction, maintenance, repair
and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all
expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise.
plx.cxb Page I of 4 £xhibit B
PL X950112
Form Approved, AVP-Law
Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE.
(a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and
in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or
move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its
needs and requirements, the Licensor shall find such action'necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed wi~h reference to the Pipeline on property of the Licensor in
the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified,
changed or relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WiTH LICENSOR'S OPEI:~TION.
The Pipeline and all parts thereol within and outside of the limits of the property of the Licensor shall be constructed and,
at ali times, maintc~.ed, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant,
continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and q.othing shall be done or suffered to be
done by the Licensee at any time that would in any manner impair the safety thereof.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of
extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
profits. Licensee shall teIephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried
anywhere on the Licensor's premises to be used by the Licensee. If it ts. Licensee will telephone the telecommunications
company(les) involved, re'range for a cable locater, make cn'rangements for relocation or other protection of the fiber optic cable,
all at Licensee's expense, and will commence no work on the right of w<:~/until all such protection or relocation has been
accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense
whatsoever (including. without limitation, attorneys' fees. court costs and expenses) arising ou~ of or caused in any way by
Licensee's failure to comply with the provisions of this paragraph.
(b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless
from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses)
caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any dcn'nage to or destruction
of cmy telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf
of any telecommuaications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs,
liability or expenses are ccrused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have
or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other
consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber
optic cable on Licensor's property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
(a) The Licensee shall fully pay for all materials ioined or affixed to and labor performed upon property of the Licensor in
connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, <:nad shall not permit
or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or
materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold
harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way
connected with or growing out of such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge =11 taxes, charges and assessments levied upon, in respect to, or on account
of the Pipeline. to prevent the scn'ne from becoming a chon'ge or lien upon property of the Licensor, and so that the taxes, charges
and assessments levied upon or in respect to such property shall not be increased because of the location, construction or
maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on
account of the I. Jcensee's interest therein. Where such tax, chon'ge or assessment may not be separately made or assessed to the
Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an
equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared
pix cxb Page 2 of 4 Exhibit B
PL X 9801t2
Form Approved, AVP-Law
with the entire value of such property·
Section 9. RESTORATION OF LICENSOR'S PROPERTy.
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb
any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification,
reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's
sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down
or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers,
agents and employees, against and from any and all liabihty, loss, damages, claims, demands, costs and expenses of whatsoever
nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to
or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the
taking down of any fence or the moving or disturbance of any other property of the Licensor.
Section 10. INDEMNITY.
(a) As used in this Section, "Licensor" includes other railroad companies using the L/ce~sar's property at or nectr the location
of the Licensee's installation and their officers, agents, and employees; *'Loss" includes loss, damage, claims, demands, actions,
causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result
from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's
officers, agents, and employees, as well as any other person); and/ar (b) damage to or loss or destruction of property whatsoever
(including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its cc,re
or custody).
(b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to
indemnify and hold harmless the Licensor from any Loss which is due to or arises from:
1. The prosecution of any work contemplated by this Agreement including the installation, construction,
maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part
thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the
Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction
of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and
expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee,
remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a
condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and
restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the
restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any
damage sust~ned by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or
impair any right of action for dcn'nages, or otherwise, that the Licensor may have against the Licensee.
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed
and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent
breach thereof.
pix exb Page 3 0[4 Exhibit B
FL X 980112
Form Approved, AVp. Law
Section 13. T~-'~MINATION.
(a) If the Licensee does not use the right herein grcm. ted or the ~peline for one ( 1 ) year, or if the Licensee continues in default
in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the
Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement
by written notice·
(b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either
party hereto to the other on any d~e in such notice stated, not less, however, than thirty (30) days subsequent to the date upon
which such notice shail be given·
(c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known
address of the llcensee. Termination of this Agreement for any reason shall not affect any of the rights Or obligations of the parties
hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED· ..
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent
of the Licensor, and it is agreed thai any transfer or assignment or attempted transfer or assignment of this Agreement or any of
the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely
void and, at the option of the Licensor, shall terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their heirs, executors, administrators, successors and assigns,
plx.exb Page 4 or'4 Exhibil B
PL/WL/DRAINAGE INS. 02/16/01
Form Approved, AVP-Law
EXHIBIT B-1
Union Pacific Railroad Company
Insurance Provisions For
Pipeline I Wireline I Drainage License Agreements
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least
$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
or equivalent form, including but not limited to cover.age for the following:
· Bodily injury including death and personal injury
· Property damage
· Fire legal liability (Not less than the replacement value of the portion of the premises occupied)
· Products and completed operations ~
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
· "For purposes of this insurance, Union Pacific Railroad payments re~ated to the Federa~ Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation law or similar law."
· The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railread including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
· Coverage for Licensee's (and Licensor's) employees shall not be excluded
· Waiver of subrogation
B. Business Automobile Coveraqe insurance. This insurance shall contain a combined single limit of at least $2,000,000 per
occurrence or claim, including but not limited to coverage for the following: · Bodily injury and property damage
· Any and all motor vehicles including owned, hired and non-owned
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
"For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation law or similar law."
· The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
· Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
C. Workers Compensation and Employere Liability insurance including but not limited to:
· Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement
· Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers'
compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of state approval must be
provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S.
Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance:
· Alternate Employer Endorsement
D. Umbrella or Excess Policies In the event Licensee utilizes Umbretla or excess policies, these policies shall "follow form" and
afford no less coverage than the primary policy,
Page 1 of 2
pLJWL/DRAINAGE INS. 02/16101
Form Approved, AVP-Law
Other Requirements
E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance.
F. Licensee agrees to waive its right of recovery, and its in~urers, through policy endorsement, agree to waive their right of
subrogation against Licensor. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against
Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary
with respect to any insurance carded by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance.
G. All policy(les) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as
an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of
insurance.
H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required
coverage, endorsements, and amendments. The certificate(s) shall contain a prevision that ~bligates the insurance company(ies)
issuing such policy(les) to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified
duplicate original of any required policy shall be furnished.
I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance
Guide Rating orA- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided.
J. Licensee WARRANTS that this Agreement has been thorough!y reviewed by Licensee's insurance agent(s)/broker(s), who have
been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's
insurance coverage wil~ be primary.
K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the
liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by
Licensor shall not be limited by the amount of the required insurance coverage.
Page 2 of 2