HomeMy WebLinkAbout2953 (2) 1 RESOLUTION NO. 2 9 5 3
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A ,
3 PIPE LINE LICENSE AGREEMENT BETWEEN THE UNION PACIFIC RAILWAY
COMPANY (UPRR) AND THE CITY OF AUBURN FOR THE CITY TO
4 CONSTRUCT AND MAINTAIN ONE THIRTY-SIX INCH STORM WATER ,
DRAINAGE PIPELINE UNDER THE UPRR RAILROAD TRACKS AT 2ND STREET
5 BETWEEN 2 ° AND "H" STREET NW AND THE INTERURBAN DITCH
6
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7
8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of
9
10 Auburn are herewith authorized to execute a Pipeline Crossing
11 Agreement between the City and the UNION PACIFIC Railway
12 Company (UPRR) for the City to construct and maintain one
13 fifty-four inch storm water drainage pipeline under the UPRR
14 railroad tracks at 2nd and "H" Street NW and the Interurban
15 ditch A copy of said Agreement is attached hereto,
16 denominated as Exhibit "A" and made a part hereof as though
17 set forth in full herein
18 Section 2 The Mayor is hereby authorized to implement
19 such administrative procedures as may be necessary to carry
20 out the directives of this legislation
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26
Resolution No 2953
April 23, 1998
Page 1
1 DATED this 4th day of May, 1998
2
3 CITY OF AUBURN
4
5
6 CHARLES A BOOTH
7 MAYOR
8
9 ATTEST
10
11
Dan' elle E Daskam,
13 City Clerk
14
15
APPROVED AS TO FORM
16 ..."2
17 /f
18 \v
Michael J Reynolds,
19 City Attorney
20
21
22
23
24
25
26
Resolution No 2953
April 23, 1998
Page 2
o465
JUL 1 3 1998 HN
CITY OF AUHU
PL X 940206 CITY CLERKS OFFICE
Form Approved,AVP-Law
Folder 1657-59
PIPELINE CROSSING
AGREEMENT
Mile Post 161.86
Location. Auburn, Washington
Q MAC, I�
THIS AGREEMENT is made and entered into as of , by and between UNION PACIFIC
RAILROAD COMPANY(hereinafter the "Licensor")and CITY OF AUBURN, a Washington municipal
corporation,whose address is 25 West Main, Auburn,Washington 98001-4998 (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 Fcc
of NINE THOUSAND TWO HUNDRED FIFTY-SEVEN DOLLARS ($9,257.00).
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
Underground 54 inch noncased Class V RCP stormwater pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached prirt
dated February 9, 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 whether such use may come into existence during
the life of this Agreement.
Exhibit "A"
Resolution No. 2953
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.
Article V 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
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:
UNION 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 161.86 at or near Auburn, Washington.
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. All insurance correspondence shall be directed to Folder No: 1657-59, Union Pacific
Railroad Company, Real Estate Department, 1800 Famam 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 WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the
date first herein written.
UNION PA I/�IC RAILIIMMPANY
By �t11ILIILL'
Contracts Representative
WITNESS CITY OF AUBURN
X By 0141e11 1. . tie‘
e\
Title: M-ynr
Attest p
City Clerk
PLACE ARROW INDICATING NORTH a FOPM DR-0404-E1
0 '4CTION RELATIVE TO CROSSING c:
REv 10 -I-93
APPLICATION FOR ENCASED
4,1%0 NON-FLAMMABLE PIPELINE CROSSING
X4,9\b NOTE. ALL AVAILABLE DIMENSIONS MUST BE
1 �4erh NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
I '`4 11�—yfsf' - e_____".0 ® _
_ >4t L RR'S Rim
'
■
. $) 553____FT. 2 _FT. ('G
vC'•. S 583 FT. 46T0FT. -J
/1 O\ ' (SEE MOTE 5 A S) I SEE uCTE 3 0 5) =1 �iT
`TOJ Jour/I cr W ?`a Y6 . oo 00 -
INEAREST 0.0. iOR,U A� S (ANGLE OF CROSSING) kl TO A U6ll rr
G,� �- �f WIN TRACK R'< (NEAREST R.0. TO.MI~I
1 1 : 1 4 I I I I I I I I I I I 1 1 1 I 1
p4 ' VI.MAJAI S7- 2(._ /57457 NW J
j ? `_� IDESC'IBE AEO q JECT) ukg (LESCRIBE EIXEO OBJECT) I
,/ (SEE NOTE 5)
.At J IOISTANCC ALONG TRACK FRCM SECTION LINE CROSSING( 1 0(J FT.
`! 3'i4�y`n 5 d3 FT. �N
♦ (MOTE THIS DIMENSION REGIIIRED IN ALL CASES.
Al LOCATIONS NOT USING SECTIONS, DISTANCE ® 1
TO A LEGAL SURVEY LIME IS REDWRED)
YJ'1- FL Q 1 S FT. LIFT. n
I I
i M;N 01ST caAAO g STEEL CASING wALL
I E (S.F Nan 2) SURFACE THICKNESS CHART
I
I Vi S1eORAOE I THICKNE S CASINGEPIPE
RDAD6ED \ 2500' I/4' 12' OR LESS
CI 3125' 5/16" OVER 12"-16' I
FT I 3750' 3/6' OVER I6•-22'
(A. `T MIN.) 1A A375' 7/16' OVER 22'-28' H
_FT. (EC FT. MAO.) I S pT. SOCM• I/2' OVER 26'-JI'
FAL CASINO D CASING R(F{f5« No+. Q (] F' M1t) SEAL Cu1NC 5025' 5/I6" OVER JA'-Q-
r _ _ J 6250" S/6" OVER 12'-A6'
1 \+1, ; I /,, f I_ f CARRIER PIPE ��, 1( () AP ROVED BY R. BE CO.
1
'
® I,/ I IImo�,� O NOTE: THIS CHART 15 ONLY
FOR SmOOTH, I \ 1 `l0 Ca$( ,;c) ` B I PI E IVIED MINIIOI AYIELD '
_ STRENGTH OF 35,000 PSI.
1 SF rG —.� ISFT. �- , - CLSL RC? r-;v_G 1
1 _FT. -.1 I IlAi _a FT.•In ?I.IQ FORMULA TO FIGURE CASING
FT.
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90"
Q ' F7,
NOTES (CASING LENGTH *HEN SEASUiED ALONG PIPELINE I R
) ALL NOR ICOMTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM c OF TRACE. A SIN Ef`
, 2: CASING TO EXTEIC OEYae THE s OP TRACK AT RIGHT ANGLES THE GREATER OF 2D • 20 FT„ OP 30 FT.,
AND setae LIMIT OF RAILROAD RIGHT-OF-RAT IF NECESSARY TO PROVIDE TOPER LENGTH OUTSIDE OF TRACK. //// SJ Nf 1
NINIYS OF 50' EROM IRE ENO OO ANY RAILROAD 'RIDGE. 5 OF ANT CLA.VERT, OR FRaN ANT SRITCM LNG AREA. Y/'/C -(yeAAr ? ,(� LIIN•^ti•
A. SIML REPRESENTATIVE MIST OE M Mr ESEMT D HNC INSTALLATION IF RAILROAD SIaULS ARE IN THE VIC MITT OF CROSSING. (EetE 2SIGNAL
ALLa/ABLE FIXED OBJECTS INCLUDE: OACARALLS OF &RIDGES: 5 OF ROAD CROSSINGS B OVERHEAD V IAOUCTS IGIVE ROAD NAN(I. ON CULVERTS IG n¢,
CI CASING AND CARRIER PIPE MIST SE PLACED A MINIYH OF 2 FEET BELOIT THE EK(STING F UK, OPTIC CAPE. ANY EXCAVATION REQUIRED RI THIN
5 FEET O' THE EXISTING FIBER OPTIC CAMLE MIST RE MAID DUG,
IS PIPELINE CROSSING WITHIN DEDICATED STREET ?_YES;✓NO; I EXHIBIT "A"
3) IF YES, NAME OF STREET i ,,,,..ILIYHD HAAS RI
-1 DISTRIBUTION LINE OR TRANSMISSION LINE ✓ I
CI CARRIER PIPE I `�\V -PACIFIC RAILROAD CO.
COMM00ITY TO BE CONVEYED Si-Or'mw4/e r
OPERATING PRESSURE O PSI „ Cn O `Q
1 WALL THICKNESS 0 25' ;DIAMETER 54 MATERIAL CL Z. , r.1t
�� -1 / YIG MLI4, i
!E) CASING PIPE /lone � �' P M. P i%/A 06 E. S. //7./Jf"
WALL THICKNESS ;DIAMETER ;MATERIAL O
NOTE CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST EN - •p CROSSING AT
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF ,Q_ `
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF V'1
CETHIDR PIPE IN TAD INGI CA ON CPI EG NDER. I QX�ARCa n^1 / iFn
Fl NETH00 OF INSTALLING CASING PIPE UNDER TRACK( SI IVy,/
✓ DRY BORE AND JACK (WET BORE NOT PERMITTED) ; I Q/'�`_I�u—nql
_TUNNEL ; OTHER ' 61L6 1 DATE '�/ft
C) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? ✓ YES;_NO; RR FILE N0. f'
HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BOUqLND AND W A R N I N C
JACKING PITS WHEN MEASURED AT RIGHT ANQLES TO TRACK - 0 FT
I) APPLICANT HAS CONTACTED-PI I I SohoF 1 e 1 d I5a• MIN.) j IN ALL OCCASIONS, U. P COW ICATIae
OF U. P COMMA[CATION DEPARTMENT AND HAS DETERMINED FIBER DCPADTERT NSST BE CONTACTED IN AIYAKE
OPTIC CABLE DOES ;_DOES NOT ; EXI T IN VICINITY OF 1 a< AN" ATIO TO FIRER(NE EK ISTEYE AND
F I LOCATION R FIBER 3PTIC GLUE.
WORK TO BE PERFORMED TICKET NO. 1019 I7Z I PIIaE I-Ua0-33G-u9
■
PL X 980112
Form Approved,AVP-Law �rt_rrpp77�� pp
EXHIBIT B
Section 1. 1 IMITATION AND ST IBORDINATION 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 and maintain its entire property including the nght and power of the licensor to construct, maintain, repair, renew use,
operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wit-clines, 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 tunes 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 TION 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.Common Standard Specification 1029 adopted November 1949, and
all amendments thereof and supplements thereto, which by this reference is hereby made a pmt 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 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 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 shonng 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 nght, 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, 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. N•TI.1 OF • a IT OF'WORK.
If an emergency should arse 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(10)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 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 Pagc I of 4
Exhibit B
PL X 980112
Form Approved,AVP-Law
Section 5. REINF'ORCE1v1aT. RF_f OCATION OR REMOVAL OF PIPELTi'E.
(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 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 D1TERFFRFNCE WITH LICENSOR'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 tunes,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,mid nothing shall be done or suffered to be
done by the Licensee at any time that would in any manner impair the safety thereof.
Section? ••• M •N •F al:a• •• AB S P
(a) Fiber optic cable systems may be buried on the Licensors 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 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 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 nght 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 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 midior employees, resulting in(1)any damage to or destruction
of any telecommunications system on Licensors 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 Licensors property except if such costs,
liability or expenses are caused 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 NS FOR LABOR AND MATERIAL, TAXES.
(a) The Licensee shall fully pay for all matenals joined 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, and shall not permit
or suffer any mechanic's or materiafmads lien of any land 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 matenals furnished.
(b) The 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 any 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
plx.exb Page 2 of 4
Exhibit B
PL X 980112
Form Approved,AVP-Law
with the entire value of such property
Section 9. RESTORATION OF LICEN •R'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 hui unless the Licensor. its officers.
agents and employees,against and from any and all liability 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 rmlroad companies using the Licensor's property at or near 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/or(b)damage to or loss or destruction of property whatsoever
(including Licensees property, damage to the roadbed, tracks, equipment,or other property of the Licensor, or property in its care
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 wises 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
Pnor 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 tune 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 sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or
impair any nght of action for damages, or otherwise, that the Licensor may have against the Licensee.
Section 12. WAVER 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 nght of the Licensor to avail itself of any remedy for any subsequent
breach thereof.
plx.cxb Page 3 of 4
Exhibit B
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NOLLvNIIm1a El uonoaS
ThdAy'p,*orddy wog
111086 X'ld
PL/WL X INS 960830
Foiro Approved,AVP-Law
EXHIBIT B-1
Pipelfne/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) C,enernl 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 $4,000,000. This
insurance shall contain broad form contractual liability with a separate general aggregate for the project(ISO Form CG 25 03 or
equivalent). Exclusions for railroads(except where the Job Site is more than fifty feet(50')from any railroad tracks,bndges,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 Liability 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. This insurance shall cover all motor vehicles including hired and non-
owned, and mobile equipment if excluded from coverage under the general public liability insurance.
a) Workers'Compensatory insurance covering Licensee's statutory liability under the workers'compensation laws of the
state(s)affected by this Agreement.and Employers'Liability If 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. If Licensee is self-
insured. evidence of state approval must be provided.
Licensee and their insurers shall endorse the required insurance policy(ies)to waive their richt of subroaation against
Licensor. Licensee's insurance shall be primary with respect to any insurance carried by Licensor The policies required under
(a)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
ccverage and endorsements and upon request,a certified duplicate(angnal 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 pnor 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 VII 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
hove been instructed by Licensee to,procure the insurance coverage required by this Agreement.
If 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.
g:shareinsuranc exhblx.exb
I:\forms\plxeexb1.bo
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CHARLES A.BOOTH, MAYOR fl"J 1c' \ AUBURN CITY CLERK
Danielle Daskam,City Clerk ah 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk 1l City Clerk:(253)931-3039
Tamie Bothell, Records/Llcense Clerk /Business Registration:(?53)931 3007 Fax:(253)288-3132
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King,
State of Washington, do hereby certify that the foregoing is a full, true and correct
copy of Resolution No 2953 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO 2953 "
I certify that said Resolution No. 2953 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 4th day of May, 1988
Witness my hand and the seal of the City of Auburn this 2nd day of May, 2000
I ;4, ., /.
4.
Danielle-Daskam, City Clerk
City df•Auburh