Res 1511 - Pipe Cross w/Un Pac
COUNCIL BILL NO. 1928
RESOLUTION NO. 1511
A RESOLUTION ENTERING INTO A PIPELINE CROSSING AGREEMENT WITH
UNION PACIFIC RAILROAD COMPANY TO ALLOW ONE UNDERGROUND 24 INCH
MUNICIPAL WASTEWATER PIPELINE CROSSING AND AUTHORIZING THE
MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, to complete a new 24 inch wastewater force main from the Mill Creek lift
station to the city wastewater treatment plant a pipeline crossing of the Union Pacific Railroad
Company railroad tracks must be made, and
WHEREAS, the city requested that Union Pacific allow the city to make a 24 inch municipal
wastewater pipeline crossing of Union Pacific railroad tracks, and
WHEREAS, Union Pacific has approved the proposed crossing and has provided a pipeline
crossing agreement to allow the requested municipal wastewater pipeline crossing, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOL YES AS FOLLOWS:
Section 1. That the city enter into a pipeline crossing agreement, which is affixed as
Attachment "A" and by this reference incorporated herein, with the Union Pacific Railroad
Company to allow one underground 24 inch municipal wastewater pipeline crossing.
Section 2. That the Mayor is authorized to sign said agreement on behalf of the city.
Approved as to form:
Illryvo~
q--\S~'1g
City Attorney
Date
Passed by the Council
September 14, 1998
Submitted to the Mayor
September 15, 1998
Approved by the Mayor
September 15, 1998
Filed in the Office of the Recorder
ATTEST!f/t ~
Mary ~ant, City Recorder
City of Woodburn, Oregon
September 15. 1998
Page 1 - COUNCIL BILL NO. 1928
RESOLUTION NO. 1511
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Form Approved, A VP-Law
ATTACHMENT A_
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A T-rY1 cH m el'J'-r
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Folder: 1669-12
PIPELINE CROSSING
AGREEMENT
Mile Post 736.00
Location: Woodburn, Oregon
THIS AGREEMENT is made and entered into as of , by and between UNION PACIFIC
RAILROAD COMPANY (hereinafter the "Licensor") and CITY OF WOODBURN, an Oregon municipal
corporation, whose address is 270 Montgomery st, Woodburn, Oregon 97071 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article I.
LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of ONE THOUSAND EIGHT HUNDRED TEN DOLLARS ($1,810.00).
Article II.
ADMINISTRATIVE HANDLING CHARGE
Upon execution and delivery of this Agreement, the Licensee shall pay to the Licensor an
Administrative Handling Charge of FIVE HUNDRED DOLLARS ($500.00) for clerical, administrative and
handling expense in connection with processing this Agreement.
Article III.
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
One Underground 24 inch Municipal Wastewater pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached pritt
dated March 15, 1998, 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 wrether such use may come into existence during
the life of this Agreement.
Article IV.
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.
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Article V.
ATTACHMENT 11-
Page -d- of ~
IF WORK IS TO BE PERFORMED BY CONTRACTOR.
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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
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
Contractor's Right of Entry Agreement.
Article VI.
INSURANCE
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto
attached. The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance
carrier confirming the existence of such insurance and that the policy or policies contain the following
endorsement:
UNlON PACIFIC RAILROAD COMPANY is named as an additional
insured with respect to all liabilities arising out of the existence, use of any work
performed on or associated with the pipeline crossing located on Railroad right of way
at Mile Post 736.00 at or near Woodburn, Oregon.
B. If the Licensee named in this Agreement is a public entity subject to any applicable statutoty
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. All insurance correspondence shall be directed to: Folder No: 1669-12, Union Pacific
Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102.
Article VII.
TERM.
This Agreement shall take effect as of the date first herein written and shall continue infull force and
effect until terminated as herein provided.
IN WIlNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Contracts Representative
WIlNESS
CITY OF WOODBURN
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By:
Title:
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FORM DR-Ooil
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APPLICA TION
NON-FLAMMABLE
FOR ENCASED.
PIPELINE CROSSING
223n.
223n.
NClru : C 'ASIIIC LEIIGTH ..."iiOW(ASUI'IEll ALONG ~1~El.IN€.. ]
I' AU _llOOlTAI. DISUooc:n TO H lIOSUI'ICl AT ~IGMT "'GUS ,IIQW . 0' T'JIACk.
21 c.r.SING TO UTVCl IOOOCl TM( , 0' nuCk AT ~1Gl<T ..-,0 TlI( GIlUTtlt ~ 2ll . 20 rT.. OIl :lO rT..
AHlI t(TONO L1WIT Of' UllllOAD ~1Gl<T-()O'-U' I' HICOs,ul' TO "'IO'tIDI ~(It 1.()OGTl' OUTSIDE Of' T'JIACJ..
;31 W1,.'...... '$ $0- J'1ItOW TM[ [NO OF' ANT JlU,ll."OAO 8l1li10(;.(. , CW AM' CLA.'1DtT, 0" ~ &K'f SWITOUNG A"o..
.. 51GKA1. ~PltUViTu,,( l&IST H ~(SOiT DlI'ING llolSTAl.UTlOOi I' !tA11.1IO'D Ucw.LS AlI( IH N( VIClI""" D' C!IOSSIHG.
" AlLo-",,( nX(D 08Jf:Cn IlOCll.OE: BACJ.WAI.I.S 01 ~IDGU; . Of' IlOAD 0I0551"'S . OV(IIt<uD VIADUCTS (GIV( IIOAO -'. OIl cu...(~T~
.' c.uING IoN) c.r....l(lt ~f~ l&IST t( l'\.AC[Il A IO.HI>&Jol 0' 2 'UT 1n.00I N( lIIST.NG n'~TlC c.r.....L ..., (XC....TlON ~(OlJIHCl WITHlH
S rUT Of' TIf[ UISTlNG rlllVl Cl"TlC CA....( lIUST I( ....0Cl DUG.
~I IS PIPELINE CROSSING WITHIN DEDICATED STREET ?_YES:~O; \ EXHIBIT "A"
3) IF YES, NAloIEOFSTREET I. ,,,,...,.......,....-,,
:)J D[STRIBUnON LINE OR TRANSloIISSION LINE X I \.) ~
C1 CARRIER PIPE: t : X\\ L' , PAlIF IC RAILROAD CO.
CQt.I.lODITY TO BE CON~YED Municipal Wastewa er. ') I)
OPERA T ING PRESSURE 7 Q PS I 24" I.J:.. ') ~ () L \.t"l,,,-,
WALL THICKNESS U. 4 I ;DIAMETER ....ATERIALductile; \ '- ~ \"4......., "
() CASING PIPE: /" " . tironl '. !,' M, P ,,~~ . 00 E. S. f) srrt'SD
WALL THICKNESS 9 16 ;OIAMETER 42 ;l.IATERIALS ee · I
NOTE :CASING \.UST HAVE 2' CLEARANCE BETWEEN GREATEST ENCAS~D (\ t I CROSSIN~AT
OUTSIDE DIAloIETER OF CARRIER P[PE AND INTERIOR DIAl.IETER OF \'~,
CASING PIPE. WHEN FURNISHING OI...ENSIONS, GIVE OUTSIDE OF \.r~ 00 b\J..,V'.. \ )\(1 rjCv- 0
CARRIER PIPE AND INSIDE OF CASING PIPE. (lA.'r'.'n~ \ 1\ DO'rr::u r,~"TlI
Fl METHOD OF INSTALLING CASING PIPE UNDER TRACKISI: ~ ~ ut jJJ ~~u ~
~DRY BORE AND JACK (WET BORE NOT PERMITTED1 ; I
_ TUNNEL ; OTHER R R F I LEN . (o~ff:r;; D ATE :J) J (/ Cfrf
Gl WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?~YES;-----NO; d4
H1 DISTANCE FROI.l CENTER LINE OF TRACK TO NEAR FACE OF BORLN~ AND
JACKING PITS WHEN ~ASURED AT RIGHT ANGLES TO TRACK ~ I
I) APPLICANT HAS CONTACTED Mrlrk Ethp.:n. l~' "'II.)
OF U. P. COMI.lUNICATION DEPARTloIENT AND HAS DETERMINED FIBER
OPTIC CABLE~OOE5 ;_OOES NOt O' 2D:JST6IN VICINITY OF
wORK TO BE PERFORl.IED. TICKET NO. ~I 761
NOTE: ALL
FILLED IN
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AVAILABLE DI...ENSIONS l.IUST BE
TO PROCESS THIS APPLICATIO~
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STEEL CASING WALL
THICKNESS CHART
~INIWUW OIAWETER OF
THICkNESS CASING PIPE
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OVER 4'. .-.JS T BE
APPROVED BY R. R. CO.
NOTE: TMIS CHART IS ONLY I
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STRENGTH Of 35.000 P51. !
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ATTACHMENT If
Page -4- of A
EXHIBITB
Section 1.
UMITATION AND SUBORDINATION OF RIGHTS GRANTED.
a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
Licensor to use arxi maintain its entire property in::::llding the right and power of the Licensor to construct maintain, repair,
renew, use, operate, change, modify or relocate railroad tracks, signal. conununication. 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 without liability to the Licensee or to any other party for compensation or damages.
b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made
without covenant of title or for quiet enjoyment.
Section 2.
CONSTRUCTION. MAINTENANCE AND OPERATION.
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. Conunon Standard Specification 1029 adopted November
1949, and all amerximents thereof and supplements thereto, which by this reference is hereby made a part hereof. except
as may be modified arxi approved by the Licensor's Vice President-Engineering Services. In the event such Specification
conflicts in any respect with the requirements of any federal state or municipal law or regulation. such requirements 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 conunencement 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. in::::luding the shoring and cribbing, if any. required to protect the Licensor's operations, and shall not proceed with
the work until such plans 00ve 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 necessary for the safety of its track or tracks
during the time of construction. maintenance. repair, renewaL modification. relocation. reconstruction or removal of the
Pipeline, em:! in the event the Licensor provides such support. the Licensee shall pay to the Licensor, within fifteen (15) days
after bills shall 00ve been rerxiered 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 commerx:ing any work. In all other situations, the Licensee shall notify the Licensor at least
ten (10) days (or such other time as the Licensor may allow) in advance of the conunencement 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.
UCENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear 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.exb
Page 1 of4
Exhibit B
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Fott.. ApprOved, A VP-Law
ATTACHMENT-4--
Page -s- of (
Section 5.
REINFORCEMENT. RELOCATION OR REMOVAL OF PIPrnNE.
a) 1be 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 with 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 WITIi UCENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be
constructed and. at all times. maintained. 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
oothing shall be done or suffered to be done by the Ucensee at arrf time that would in any manner impair the safety thereof.
Section 7.
PROTECTION OF FlBER OPTIC CABLE SYSTEMS.
a) F"1ber 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 telephone the Ucensor 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 is. Licensee will telephone the
telecommunications company(ies} involved. arrange for a cable locator. make arrangements for relocation or other
protection of the fiber optic cable. all at Licensee's expense. and will commence no work on the right of way 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 out 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
hannIess 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 (I)
arrf damage to or destruction of any telecommunications system on Licensor's property, and/or (2) any injury to or death
of any person employed by or on behalf of any telecommunications company, and/or its contractor. agents and/or
employees. on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active
negligence of the Ucensor. Ucensee further agrees that it shall oot 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 urns FOR lABOR AND MATERIAL: TAXES.
a) 1be Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor
in connection with the constroction. mainteoon:e, repair, renewal. modification or reconstruction of the Pipeline, and shall
not permit or suffer arrf 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 rw::rture in arrf wert connected with or growing out of such work done, labor performed. or materials furnished.
b} 1be Licensee shall promptly pay or discharge all taxes. charges and assessments levied upon. in respect to, or
on account of the Pipeline, to prevent the same from becoming a charge 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 arrf improvement. appliance or fixture connected therewith placed
upon such property, or on account of the Licensee's interest therein. Where such tax. charge 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 with the entire value of such property.
plx.cxb
Page 2 of.4
Exhibit B
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ATTACHMENT A -
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Section 9.
RESTORATION OF UCENSOR'S PROPERTY.
In the event the Ucensor authorizes the Ucensee to take down any fence of the Ucensor or in any manner move
or disturb any of the other property of the Ucensor in connection with the construction. maintenance. repair. renewal.
modification. reconstruction. relocation or removal of the Pipeline. then in that event the Ucensee shall as soon as possible
arrl at Ucensee'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 Ucensee shall indemnify and hold
harmless the Ucensor. its officers. agents and employees. against and from any and all liability. loss. damages. claims.
demcmds, costs arrl expenses of whatsoever nature. including court costs and attorneys' fees. which may result from injury
to or death of persons wromsoever. 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 Ucensor.
Section 10.
INDEMNITY.
a) As used in this Section. "licensor" includes other railroad companies using the Ucensor's property at or near the
location of the Ucensee'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 Ucensor's officers.
agents. and employees. the Ucensee's officers. agents. and employees. as well as any other person); and/or b) damage
to or loss or destruction of property wh:rtsoever (including Ucensee's property, damage to the roadbed. tracks, equipment,
or other property of the Ucensor. or property in its care or custody).
b) As a major inducement and in consideration of the license and permission herein granted.. the Ucensee agrees
to indemnify and hold harmless the Ucensor from any Loss which is due to or arises from:
1. The prosecution of any work contemplated by this Agreement including the installation. construction.
mainterxm=e. 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 Ucensor.
Section 11.
REMOVAL OF PIPE UNE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever. the Ucensee shall. at Ucensee's sole expense.
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Ucensor
and shall restore. to the satisfaction of the Ucensor. 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 Ucensee fails to do the foregoing. the Ucensor may do such work
of removal arrl restoration at the cost arrl expense of the Licensee. The Ucensor may. at its option. upon such termination.
at the entire cost and expense of the Ucensee. remove the portions of the Pipeline located underneath its roadbed and
track or tracks arxi restore su:h roadbed to as good a condition as it was in at the time of the construction of the Pipeline.
or it may permit the Ucensee to do such work of removal and restoration to the satisfaction of the Ucensor. In the event
of the removal by the Ucensor of the property of the Ucensee and of the restoration of the roadbed and property as herein
provided.. the Ucensor shall in no manner be liable to the Ucensee for any damage sustained by the Ucensee for or on
aCCO\IDt thereol arrl su:h removal arrl restoration slx:dl in no manner prejudice or impair any right of action for damages.
or otherwise. that the Ucensor may have against the Ucensee.
Section 12.
WAIVER OF BREACH.
The waiver by the Ucensor of the breach of any condition. covenant or agreement herein contained to be kept,
observed and performed by the Ucensee shall in no way impair the right of the Ucensor to avail itself of any remedy for
any subsequent breach thereof.
plx.exb
Page 3 of 4
Exhibit B
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Section 13. TERMINATION.
a) u the Uc:ensee does not use the right herein granted or the Pipeline 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 suLpcnagraph a) above. this Agreement ~ be terminated by written notice given
by either party hereto to the other on any date in such notice stated. not less. however. than thirty (30) days subsequent to
the date upon which such notice shall 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 Licensee. Termination of this Agreement for any reason shall not affect any of the rights or
obligations of the parties hereto which rrKrf b:Ive 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 that any transfer or assigmnent or attempted transfer or assigmnent 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 hereoi this Agreement shall be binding upon and inure to the benefit of the
parties hereto. their heirs. executors. administrators. successors and assigns.
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Exhibit B
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, INS 960830
Fo.._ ^pprovcd, A VP-Law
ATTACHMENT4-
Page J2.... of
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EXHIBIT B-1
Pipelif1e/Wireline (Hazardous, Flammable, 12" or Larger)
Insurance Requirements
Licensee shall, at its sole cost and expense. procure and maintain during the life of this Agreement the following insurance
coverage:
a) General Liability insurance providing bodily injury including death. personal injury and property damage coverage with
a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4.000,OOQ. This
insurance shall contain broad form contractual liability with a separate general aggregate for the project asa Form CG 25 03 or
equivalent). Exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad tracks. bridges. trestles.
roadbeds, terminals. underpasses or crossings), and explosion. collapse and underground hazard shall be removed. Coverage
purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage
changes from a claims made form to an occurrence form. (b) there is a lapse/cancellation of coverage, or (c) the succeeding
claims made policy retroactive date is different for the expiring policy.
b) Automobile Liabilitv insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined
single limit of at least $2.000,000 each occurrence or claim. 1his insurance shall cover all motor vehicles including hired and non-
owned. and mobile equipment if excluded from coverage under the general public liability insurance.
c) Workers' Comoensation insurance covering Licensee's statutory liability under the workers' compensation laws of the
state(s) affected by this Agreement, and Employers' Liability. H such 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. H Licensee is sell-
insured. evidence of state approval must be provided.
Licensee and their insurers shall endorse the required insurance policy(ies) to waive their riaht of subroaation against
licensor. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. The policies required under
(0) and (b) above shall provide severability of interests and shall name Licensor as an additional insured.
Prior to commencing the Work. Licensee shall furnish to Licensor certificate(s) of insurance evidencing the required
coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall contain
a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing of any material alteration
including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits
apply, or any cancellation at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Licensor or with a current
Best's Insurance Guide Rating of B and Class vn or better. and authorized to do business in the state(s) in which the Job Site is
located.
Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)!broker(s). who
have been instructed by Licensee to procure the insurance coverage required by this Agreement.
U Licensee fails to procure and maintain insurance as required, Licensor may elect to do so at the cost of Licensee.
The fact that insurance is obtained by 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.
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