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HomeMy WebLinkAboutUnion Pacific Railroad Company-2006-14 06%2t/2406 THU 11,16 Pax 452 51 0476 4005/0:5 PL x 94020G Form Approved,AVP.aw Folder No.02383-37 PIPELINE CROSSING AGREEMENT Mile Post 541.7,Riverside bid Lead Location: Grand Terrace,San Bernardino County,California THIS AGREEMENT is made and entered into as of May 10, 2006, by and betwcwt UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OP GRAND TERRACE COMMUNITY DEVELOPMENT DEPARTMENT,a California municipal corporation to be addressed at 22795 Barton Road, Grand Terrace, California 92313 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. JJCENSE FEE Upon execution of this Agreement,the Licensee shall pay to the Licensor a one-time License Fee of One Thousand Six Hundred Dollars(S1,600.00). 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 comma and thereafter, during the term hereof, to inaintain and operate only a 48 inch water pipeline crossing(hereinafter the"Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated April 24,2006,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 I. CONSTRUCTION,MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terns,provisions, conditions,limitations and covenants set'forth herein and in Exhibit B,attached hereto and hereby made a part hereof Article IV. IF WORK IS TO BE PERFORMED BY CONTRALTO& 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 fa 2212056 41W 13t76 sax 4)2 501 1016 Z0061014 contractor to execute the Railroad's forth Contractors Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractors Right of Entry Agreement and understanding of its terms,provisions, and requirements, and will inform its contactor of the need to execute the Agreement. Under no circumstances will Licensee's contactor be allowed onto Licensors premises without first executing the Contractor's Right of Entry Agreement. Article V. 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, identifying Felder No. 02383.37, issued by its insurance carrier confirming the existence of such insurance and that the policy ar 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 or any work performed on or associated with the Pipeline'located on Railroad right-of-way at Mile Post 541.7,on the Riverside Ind Lead Subdivision/Branch,at or near Grand Tenace.San Bernardino County,California. 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: Joan M.Preble Folder No.02383.37 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha,NE 68179-1690 Article VI. TtRM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full 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 PACIFIC RAILROAD COMPANY CITY OF GRAND TERRACE COMMUNITY DEVELOPMENT DEPARTMENT ���111N By: j!�`Q�J i / By: Manager Contracts Title: C;+y M�ngmr" DE 'EC/10L6 :'PC 1:: ;i Fax 452 5C' TM 4007/015 PORN DR-0404-B PLACE ARROW INDICATING NORTH DIRECTION RELATIVE PO CROSSING ENCASED NON-FLAMMABLE PIPELINE CROSSING ,u.' L-E: AL_ %Va ILABL: C IML.NSIONS MI15' 3E E NO SCALE :CIS In 'O P.JCESs 'N:s AF'LIC:r:on. ® A.Roil 4 r , —nil._-- __..__ 3l_1Fr. 4.4/ I TTE . .1 V-�µ.,;IL L IIr^ IWR Ar• �d EQ (.4LT� 0.. e T r a rpm. ,T Tr A' 0 III IbF r lif r r « 1 01 ro.,..r. ..... , irIr PIII -- ' -- - n " - Rill 0 Iy.e ET. I ^" �la..w. _1LFi. �i. r4r T Ix: I STEEL THINNESS WALL cmowo 5r f5reu5 —�rr u.,<ulwl .aWi�45.x5/.ss CHART o(Y[tIP or / VSIN0 PIPE MOOT P r OA LEA I 5 w l313. iA' MR lr:irwa I(40.4 T EP EY-l.' _FL Im.:. Ma aril, mill . I25• IL• OVER 34"-a' f .umo 1/ ouWnTlnn.ae.l _1 � .IE50' s! Ono 6T.Y a++-I c cai n Pm _ A x0 io 61•,R. Ct. � V A- `9' \-. r , I5 ARAM' 15 MLr r i FOR Woo:A sifts OSBIN0 I Res nix minus.'MIX r tiOrx OF 56,000rPSI. I ti+ - 10Y "�' n—" CIS tl4 r )e -i. L 4411, TO FIGURE—_. 'SS a — -.- { r--� LEOSSI xnR Axc¢ m -IS Fr _ _... uosvxD mxlR x WA ���— F. xA NOmr Iwuw.oIrIIl��[vAv,..vx.xE.: M914 —4Z II AL:ERuara em,An TO IC F TI l n Na,L. `Ii. pa n coin•E aw:Joy aQC ..R .tt NOF, «F OWE! TWO LIH x w•Lnle[00 xIx.OI•r. r:Joy QC 10 Mil u.ul. M u,nl,[HK It a ��:wA IPard II i:NwM°n lIEC ni In we 4T-OI VAT Pr?Evans. so 444 UNIDO44.444 ILr IPE PI r, 44 m.+Fml. tltJ I$ WP wI _ "HIIISu 4,,,,. CI ili nluILe rlOO s WPC CULL M IxL+Lna AMINO.nnO ` PLIN'44n t;A. L mri• Hal 1141T Or,FA .a[Au . P )RtI R 1 r. (NYr[LFNI DED C 4E OW AP IS FIPEL INE sCROSSING WIiH:N DEDICR`ED FBTREEf i�YEY�.NOIC,P EXHIBIT "A" BI IF YES, NAME OF STREET CD G(SIR(BUT ION I.:NE ---OR THANSMlSS(ON LINE UNION PACIFIC RAILROAD CO. ' CI CARRIER PIPE : 1%%kd ie NR-V. l COIMOO(T° TO BE CONVEYED (21NGN S:r�L- Ste_ E.o� OPERATING PRESSURE_ PSI nap _ �iEP:4LI iMl ��: . 4+• -- WALL -MICKN SS_ :DIAMETER (r'P11 'I :Aw ME 5 119175� El Ca S:NL PIPE : 5 1 M.P WAIL THICKNESS mr ;DIAMETEfln •NFTERIA.�r•G� I NOTE :CASING MUST HAVE Y CLEARANCE BE IWEEN GREATEST ENCASED PP•k'ni CROSSING AT I OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR FI AMETER OF . CASING PIPE. WHEN °URNISHIN5 OIMENSIONB, C1VE ]U"SIDE OF l ge-R "(an.e S,BH^`LJ"• i.,AbA CARRIER PIPE AND L INSIDE ON CASINGpiprNDEE. f'R aeT (o.._J Lm+PC C-NE Neea.e-•-r fl METHOD fF PT BORE ND ANCAAING WE" UREER TAA RM T OPT BORE AME JACK IwEr BORE NOT PERx'.i/ y tro-n DATE 9-14'04 TUNNEL oOFWEP RR FILE NO. GI WILL CONSTRUCT CON PR LINE OUTSIDE CONTRACTOR?E✓TES—NN• NI JICTANGE MOM CENTER LAN[ OF TRACK TO NEAP FACE OF BORING 1N8 w A R x x 6 JACKING CANT PITS WREN ACTEDR I- AT O-336-T ANGLES TO TRACK 3. Ii0, w:N,i AEI. IL O.MCOALAunm (I U. IO UNS AI ION CONTACTED IE 140I BAS DETERMINED F IBEA or en wt.`nl&CT4A omlwt`Lw1 V. CARLEN(U.Q0L DEPARTMENT,;. ___. OE Ex AST IN VICINITY OF xNNgC CMI WORK TO BEE_RMED ,_GOES NOT .EA lino-Os-sin BE PERFORMED , il•xQT x0. :6'22i2006 ^_na :3'T eAA CZ. :v .106 Zj009/01E EL N0112 Pura Emceed,AVP-.aw EXHIBIT B Section 1. LIMITATION 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 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 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. CONSTRUCIION.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 part hereof,except as may be modified end approved by the Licensors 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 sansfaction 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 panes 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, requited to protect the Licensor's operations, and shall not proceed with the work with 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 necessary fur 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. plx.ed, Exhibit a 06.20/2006 tr: 13158 PAX 407 50: 947E .'009/0:5 PLx960112 • Form Approved.AVP iW Section 3. NOTICE OF COMMENCEMENT OF WORK, If an emergency should arise requinng immediate attention,the Licensee shall provide as much notice es 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 Licenser 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 he 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. Section S. REINFORCEMENT,RELOCATION OR REMOVAL OF PWELLNE, (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 INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constricted and,at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and miintenupted use of the tracks,property and facilities of the Licensor,and nothing shall be dune 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 CARLE.SYSTEMS. (a) Fiber optic cable systems may be buried on the Lie nsor'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 Licensor at 1400-336-9193 (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 win telephone the telecomnalnications company(ies) involved, arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic cable, all at Licensees 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. rhumb Eaaibil3 Cfir22/20)s nit/ 33 ' ,X 4.02 e.. :air Z.210/01'a Pt.x900112 Poem Appmvm,ANT-Law (b) In addition to other indemnity provisions in this Agreement, the Licensee shall ndemmify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without Imitation.attorneys'fees,court costs and expenses)caused by the negligence of the Licensee,its contractor, agents and/or employees, resulting in (I) any 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 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 Licensors 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 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 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 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 Lioensor 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. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to lake 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 contraction, 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 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. p vPa Ex AIWA9 G6/22/a6)f TOO '?:39 Fax 4:7' 5:1 ;OE Z01:/0:5 PL X980112 Fun"Approvod.AVPdaw Section 10. IVOEMMTY, (a) As used in this Section, "Licensor" includes other railroad 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 Licensee's 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 said 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 LIVE 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 shell restore,to the satisfaction of the Licensor,such portions of such property m 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 sustained 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 damages, 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 plx.exb Faiebir B C6.22.20:e TOO 13,59 PAX a92 `.._ rani Z712/0t5 PL x 9s0:12 Form Approved,♦vrdxw Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the petSormance 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 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 Ian known address of the Licensee. 'femrnation 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 tights herein granted, without the written consent of the Licensor,and it is agreed that 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 Agnemenr. 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. ple.ab • Exhibit B 22/2C36 rea 1?.4C FAX car. :.. :416 Zi0t3:0t9 PUWUORAINAC E INS. Form Approved,AVP-Law Upducd 03gIR003 EX11IBIT B-i Union Pacific Railroad Company Insurance Provisions For Pipeline/Wirehne/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 liahiliry with a single limit of at least 52.000,000 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 coverage for the followng: • Bodily injury including death and personal injury • Property damage • Fitt 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, • The employee and worker's compensation related exclusions in the above policy apply only to Licensee's employee/ • 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 he removed • Waiver of subrogation B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least$2,000,000 per occurrence or claim,including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned,hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • The employee and worker's compensation related exclusions in the above policy apply only to Licensee's employees • The exclusions for railroads(except where the Job site is more than fifty feet(50)from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion,collapse and underground hazard shall he removed • Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90)if required by law. 0,6 22/:C1.1 Car t-: -- =:a 4;2 5:: :41i Z)14')t5 PVALDRANAGE INS Form Approved,AVP-taw Updated CY01/1)0) C. Worker$Compensation and Employers 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 S500,000 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 he 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 Umbrella or excess policies, these policies shall"follow form"and afford no less coverage than the primary policy. Other Requirement( E. Punitive darturge 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 insurers,through policy endorsement,agree to waive their right of subrogation against Licensor. Licensee further waives is 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 carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(ies) 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 provision that obligates the insurance eumpany(ies) issuing such policy(ics) 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 of A- and Class VII or better, and authorized to do business in the state(s)in which the service is to be provided. tt.'?2/E0:E :nS II!41 FAX 4;7 9r ictf zs,15/9.5 PI/wiDRAINAGE INS. Form Approval,AVP-Ina Na aW 0E0..2007 J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)Moker(s),who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will 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 he limited by the amount of the required insurance coverage.