West Cloud Water Pipeline Crossing Agreement
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crTY' OF SALINA
REQUEST. FOR CO~1M I SS ION ACT.ION DA TE
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APPROV ED FOR
AGENDA:
AGENDA SECTION:
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OR I GINA T I NG OEPARTi'<IENT:
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Engineering
8Y: Don Hoff
BY:
In order to construct the proposed watermain improvements (Project No. 90-815)
in the West Cloud Street area, it will be necessary to modify an existing
agreement with the Missouri Pacific Railroad Company. This construction on
railroad right-of-way requires the Missouri Pacific Railroad Company and the
City of Salina execute a supplemental agreement.
This attached s~pplemental agreement addresses the scope of construction work;
notification process; insurance requirements; right of entry; fee; etc. The
standard agreement fee of $500 shall be paid by the Water & Sewerage Department
to cover the railroad's administration costs.
We recommend the City Commission authorize the Mayor and City Clerk to sign
this supplemental agreement.
COMMISSION ACTION
MOTION BY
TO:
SECOND BY
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supp 861219
Form Approved, AVP-LAW
DUPLICA1E OIIIGINAL.~/TY (5 coPy
Folder No. 1065-43
Audit No. CA-63530
THIS SUPPLEMENTAL AGREEMENT is made and entered into as of the
day of , 19___, by and between MISSOURI PACIFIC RAILROAD COMPANY,
a Delaware corporation (hereinafter the "Railroad"), and CITY OF SALINA, a
municipal corporation of the State of Kansas (hereinafter the "City"), to be
addressed at 300 West Ash Street, P.O. Box 736, Salina, Kansas 67402-0736.
RECITALS:
By instrument dated December 12, 1967, the parties hereto or their
predecessors in interest (if any), entered into an agreement (hereinafter
the "Basic Agreement "), identif ied as Agreement No. CA-63530, covering an
underground 12-inch water line, along the westerly side of Railroad's right
of way for a distance of approximately 1,539 feet in the City of Salina, in
the Southwest Quarter of Section 23, Township 14 South, Range 3 West,
Saline County, Kansas.
The parties now desire to modify the Basic Agreement by the addition
of a print and the addition of a fiber optic cable systems protection
provision.
AGREEMENT :
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
Section 1. ADDITION OF PRINT.
The print, dated November 12, 1990, attached hereto as Exhibit B,
shall be and hereby is added to the Basic Agreement, dated December 12, 1967,
and from and after the effective date herein whenever the term Pipeline is used
in the Basic Agreement, or any amendment or supplement thereto (if any), such
reference shall be deemed to include the Pipeline as shown on Exhibit B, hereto
attached.
Section 2. SUPPLEMENTAL LICENSEE FEE.
Upon the execution of this Supplemental Agreement, the city shall pay
to the Railroad a fee of FIVE HUNDRED DOLLARS ($500.00).
Section 3. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Railroad IS
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. City shall telephone the Railroad
at 1-800-336-9193 ( a 24-hour number) to determine if fiber optic cable is
buried anywhere on the Railroad's premises to be used by the City. If it is,
City will telephone the telecommunications company{ies) involved, arrange for a
cable locator, and make arrangements for relocation or other protection of the
fiber optic cable prior to beginning any work on the Railroad's premises.
SUpp 861219
Form Approved, AVP-LAW
(b) In addition to the other indemnity provisions in this Agreement,
the City shall indemnify and hold the Railroad harmless from and against all
costs, liability and expense whatsoever (including without limitation,
attorneys' fees, court costs and expenses) arising out of any act or omission of
the City, its contractor, agents and/or employees, that causes or contributes to
(1) any damage to or destruction of any telecommunications system on Railroad's
property, and (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 Railroad's property. City shall not have or seek recourse against
Railroad 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 Railroad's property or a customer or user of services of the fiber optic
cable on Railroad's property.
Section 4. 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 City shall require its contractor to
execute the Railroad's form Contractor's Right of Entry Agreement. City
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
City's contractor be allowed onto Railroad's premises without first executing
the Contractor's Right of Entry Agreement.
Section 5. EFFECTIVE DATE.
This Supplemental Agreement shall be effective as of the date first
herein written.
Section 6. AGREEMENT SUPPLEMENTAL.
This agreement is supplemental to the Basic Agreement, as herein
and/or heretofore amended (if applicable), and nothing herein contained shall be
construed as amending or modifying the same except as herein specifically
provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental
Agreement to be executed, in duplicate, as of the day and year first herein
written.
MISSOURI PACIFIC RAILROAD COMPANY
By
Director - Contracts
WITNESS:
CITY OF SALINA
By
Mayor:
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EXHIBIT 'B'
IliD8S0URS IPACalFBC !RAILROAD COlMIlPAIMY
SALINA, SALINE COUNTY, KANSAS
M.P. 497.90 - TRIGO INDUSTRIAL LEAD
TO ACCOMPANY SUPPLEMENTAL AGREEMENT
WITH THE CITY OF SALINA COVERING AN
U.G. WATER PIPELINE ENCROACHMENT.
SCALEr I' = 100'
OFFICE OF DIRECTOR
CONTRACTS & REAL ESTATE
OMAHA, NEBRASKA NOVEt.ABER 12. 1990
JDC FILE: KSI06543
.LIEGlEIMD.
U.G. WATER LINE ENCROACHt.AENT SHOWN........ "'N-- --IV-
UPRRCO. R/W OUTLINED.............................. _ _ _ _
.
RESOLUTION
WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to the CITY OF
SALINA, KANSAS a Supplemental Agreement covering an underground water pipeline
on its property at Salina, Kansas; and;
WHEREAS, the Council of the City of Salina, Kansas has said proposed
agreement before it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interest of said City of
Salina, Kansas will be subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINA:
That the Terms of the agreement submitted by MISSOURI PACIFIC RAILROAD
COMPANY as aforesaid be, and the same are hereby, accepted in behalf of said
City;
That the Mayor of said City is hereby authorized, empowered and
directed to execute said agreement on behalf of said City and that the City
Clerk of said City is hereby authorized and directed to attest said agreement
and to attach to each duplicate original of said agreement a certified copy of
this Resolution.
STATE OF KANSAS
)ss
COUNTY OF SALINE
I Ci ty Clerk of the City of Salina,
Kansas hereby certify that the above and foregoing is a true, full and correct
copy of a resolution adopted. by the City of Salina, Kansas at a meeting held
according to law at Salina, Kansas on the day of
19 as the same appears on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said City, this day of 19
City Clerk of the ~ity of Salina
State of Kansas ~
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UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
B. W ZANDBERGEN
GENERAL DIRECTOR
B
J. A. ANTHONY
DIRECTOR-CONTRACTS
D. D. BROWN
DIRECTOR-REAL ESTATE SALES
D. H. L1GHTWINE
DIRECTOR-FIELD OPERATIONS
R. F. NIEHAUS
DIRECTOR-SPECIAL PROJECTS
W F. SOMERVELL
DIRECTOR-JOINT FACILITIES
ROOM 1100. 1416 DODGE STREET
OMAHA. NEBRASKA 68179
(402) 271.3753
FAX (402) 271.5493
Folder No. 1065-43
To the Contractor:
Before the Railroad Company can permit you to perform \York on its
right of way for the installation of an underground water pipeline for the
CITY OF SALINA, KANSAS, it will be necessary to complete the enclosed
Contractor's Right of Entry Agreement as follows:
1. F.ill in the complete legal name of the contractor in the space
provided on Page 1 of the Contractor's Right of Entry Agreement. If
a corporation, give the state of incorporation. If a partnership,
give the names of all partners.
2. Fill in the date construction will begin and be completed in Article
5, Paragraph A.
3. Fill in the name of the contractor in the space provi.ded in the
signature block at the end of the Contractor's Right of Entry
Agreement. If the contractor is a corporation, the person signing
on its behalf rr~st be an elected corporate officer.
4. Return all copies of the Contractor's Right of Entry Agreement
together with your Certificate of Insurance as required in Exhibit
A~l, in the attached, self-addressed envelope.
After approval of the Contractor's Right of Entry Agreement and the
Insurance Certificate, your f'llly-executed document will be returned to you,
with instructions to proceed. In no event should you begin work until you
have received a copy of the signed Contractor's Right of Entry Agreement.
Yours truly,
() /) /i
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tI J. A. ANTHONY
Director - Contrac s
PL X&E ROE 890709
Form Approved, AVP-Law
DUPLJCATE 0ftIGIW..-1IMJlCW) COPV
Folder No. 1065-43
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 19 , by and between MISSOURI PACIFIC RAILROAD
COMPANY, a Delaware corporation (hereinafter the "Railroad"); and
, a
corporation (hereinafter the "Contractor") to be
addressed at
RECITALS:
The Contractor has been employed by the CITY OF SALINA, KANSAS
for the construction (hereinafter "work") of an underground water
pipeline crossing on and across property of the Railroad at Mile
Post 497.90 at Salina, Kansas.
The Contractor has requested the Railroad to permit it to
perform the work and Railroad is agreeable thereto, subject to the
following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the Railroad
and Contractor, as follows:
Article 1. DEFINITION OF CONTRACTOR.
For purposes of this agreement, all references in this agreement to
the Contractor shall include the Contractor's contractors, subcontractors,
officers, agents and employees, and others acting under its or their
authority.
Article 2. RIGHT GRANTED; PURPOSE.
The Railroad hereby grants to the Contractor the right, during the
term hereinafter stated and upon and subject to. each and all of the terms,
provisions and conditions herein contained, to enter upon and have ingress to
and egress from the portion of the Railroad's property at Mile Post 497.90 at
Salina, Kansas shown on the attached print dated November 12, 1990, marked
Exhibit B for the purpose of constructing an underground water pipeline. The
right herein granted to Contractor is limited to those portions of the
Railroad's property specifically described herein, or designated by the
Railroad representative named in Article 4.
Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A-1.
The terms and conditions contained in Exhibits A and A-1, hereto
attached, are hereby made a part of this agreement.
Articles of Agreement
Page 1 of 3
0880n
PL X&E ROE 890709
Form Approved, AVP-Law
Article 4. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.
The Contractor shall bear any and all costs and expenses associated
with any work performed by the Contractor, or any costs or expenses incurred
by the Railroad relating to this agreement. All work performed by Contractor
on Railroad's property shall be performed in a manner satisfactory to the
respective local Superintendent of Transportation Services of the Railroad or
his authorized representative (hereinafter the Railroad Representative).
Article 5. TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on
, and continue until , unless
sooner terminated as herein provided, or at such time as Contractor has
completed its work on Railroad's property, whichever is earlier. Contractor
agrees to notify the Railroad Representative in writing when it has completed
its work on Railroad property.
B. This agreement maY.I be terminated by either party on ten (10)
days written notice to the otherjparty.
Article 6. CERTIFICATE OF INSURANCE.
A. Before commencing ~ny work, the Contractor will provide the
.'
Railroad with a Certificate issued by its insurance carrier providing the
insurance coverage required pursuant to Exhibit A-I of this agreement in a
policy which contains the following type of endorsement:
Missouri Pacific Railroad Company, is named as additional insured
with respect to all liabilities arising out of Insured's, as
Contractor, performance of any work on the property of the Railroad.
B. Contractor warrant~ that this agreement has been thoroughly
reviewed by its insurance agent(~)/broker(s) and that said agent(s)/broker(s)
has been instructed to procure iAsurance coverage and an endorsement as
required herein. !
C. All insurance correspondence shall be directed to: Union
Pacific Railroad Company, General Director - Contracts and Real Estate, Room
I
1100, 1416 Dodge Street, Omaha, Nebraska 68179.
II
Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
I
.
Fiber optic cable systems may be buried on Railroad's property.
I
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. Prior to beginning any work, the Contractor
shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine
if fiber optic cable is buried anywhere on the property set forth herein. If
it is, the Contractor shall also comply with and be subject to the provisions
contained in Section 6 of Exhibit A.
Articles of Agreement
Page 2 of 3
0880n
PL X&E ROE 890709
Form Approved, AVP-Law
Article 8. ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM.
This agreement shall be governed, construed, and enforced in
accordance with the laws of the state of Nebraska. Litigation arising out of
or connected with this agreement may be instituted and maintained in the
courts of the states of Nebraska and Missouri only, and the parties consent to
jurisdiction over their person and over the subject matter of any such
litigation, in those courts, and consent to service of process issued by such
courts.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
in duplicate as the date first herein written.
MISSOURI PACIFIC RAILROAD COMPANY
By
Director - Contracts
Articles of Agreement
Page 3 of 3
0880n
Pl ~X&E ROE 890709
. Form Approved, AVP-law
EXHIBIT A
Section I. NOTICE Of CCH4ENCE"ENT Of WORK - flAGGING.
The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor
commencing its work and at least 24 hours in advance of proposed ~rfonmance of any work by the Contractor in which
any person or equipment will be within 25 feet of any track, or WIll be near enough to any track that any equipment
extension (such as, but not limited to, a crane boom) wil I reach to within 2S feet of any track. Upon receipt of such
notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and
whether the Contractor need implement any special protective or safety measures. If any flagmen or other special
protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense
with the understanding that if the Railroad provides any flagging or other services the Contractor shall not be
relieved of any of its responsibilities or liabilities set forth herein.
Section 2. 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 Railroad to use and maintain its entire property including the right and power of the Railroad to construct,
maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication,
fiber optics, or other wirellnes, pipelines and other facilities upon, along or across any or all ~rts of its
property, all or any of which may be freely do~e at any time or times by the Railroad without liabIlity to the
Contractor 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 Railroad's property, and others) and the right of the Railroad to renew and extend the
same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH RAilROAD'S OPERATION.
No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted
use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically
permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall
be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. When
not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's
nearest track, and there shall be no crossings of Railroad's tracks except at existing open public crossings.
Section 4. PERMITS.
Prior to beginning any work, the Contractor, at its sole expense, shall obtain all necessary pennits to
perform any work contemplated by this agreement.
Section 5. MECHANIC'S liENS.
The Contractor shall pay in full all persons who perfonm labor or provide materials for the work to be
performed by Contractor. The Contractor shall not penmit or suffer any mechanic's or materialmen's liens of any kind
or nature to be enforced against anr property of the Railroad for any such work performed. The Contractor shall
indermify and hold harmless the Rai road fran and against any and all liens, claims, demands, costs or expenses of
whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished.
Section 6. FIBER OPTIC CABLE SYSTEMS.
If fiber optic cable is buried anywhere on the Railroad premises to be used by Contractor, the Contractor
will telephone the telecommunications cQrnPany(ies) involved, arrange for a cable locator and make arra~ements for
relocation or other protection of the fiber optic cabl~ prior to beginning any work on Railroad's premises. In
addition to the liability terms elsewhere in this Agreement, the Contractor shall indermify and hold the Railroad
harmless against and from all cost, liability and expense whatsoever (including, without limitation, attorney's fees
and court costs and expenses) ariSing out of or in any way contributed to by any act or omission of the Contractor,
its subcontractor, agents and/or ~Ioyees, that causes or in any way or degree contributes to (I) any damage to or
destruction of any telecommunications system by the Contractor and/or its subcontractor, agents and/or'employees, on
Railroad's property, (2) any injury to or death of any' person employed by or on behalf of any telecommunicatIons
CaJl)anr and/or its contractor, agents and/or employees, on Rai I road s property and/or 0) any claim or cause of action
for al ~ed loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication
caJl)any ( I es) .
Sec t ion 1. C()1PlI ANtE WITH lAWS.
In the prosecution of the work covered by this agreement, the Contractor shall comply with all applicable
federal, state and local laws, regUlations and enactments affecting the work. The Contractor shall use only such
methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and ~Ioyees, the
officers, agents, employees and property of the Railroad and the public in general. The Contractor (without lImiting
Exhibit A
Page I of ~
OB8ln
Pi' XlE ROE 890109
Form Approved, AVP-law
the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health
acts and regulations. All federal Rai I road Aaninistration regulations shall be followed when work is performed on tt
Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments,
shall result in any fine, penalty, cost or charge being assessed, i'!llOsed or charged against the Rai Iroad, the
Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without
limitation attorney's fees, court costs and expenses. The Contractor further agrees in the event of any such action,
upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the
Ra i I road.
Section 8. SAFETY INSTRUCTIONS.
Safety of personnel, property, rail operations and the pUblic is of paramount importance in the prosecutior-
of the work pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observ€
by the Contractor (and not by way of limitation), the following special safety rules shall be followed:
(a) The Contractor shall keep the job site free from safety and health hazards and ensure that its
employees are competent and adequately trained in all safety and health as~ts of the job. The Contractor shal I hay
proper first aid supplies available on the job site so that prompt first aid services can be provided to any person
that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational
Safety and Health Aaninistration reportable injuries occurring to any person that may arise during the work perfOrmed
on the job site. The Contractor shall have a non-delegable duty to control its employees, while they are on the jOb
site or any other property of the Railroad to be certaIn they do not use, be under the influence of, or have in their
possession any alcoholic beverage or illegally obtained drug, narcotic or other substance.
(b) The ~Ioyees of the Contractor shall be suitably dressed to perfonm their duties safely and in a
manner that will not Interfere with their vision, hearing or free use of their hands or feet, Only waist length
shirts with sleeves and trousers that cover the entire leg are to be worn. If flare-legged trousers are worn, the
trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear.
Employees shall not wear boots (other than work boots), sandals, canvas-type shoes or other shoes that have thin sole:
or heels that are higher than normal. In addition, the Contractor shall require its employees to wear personal
~otective equipment as specified.by Rai!road rules, regulations or Railroad officials overlooking the work at the jOI
site. In particular, the protective equipment to be worn shall be:
(I) Protective head gear that meets American National Standard-Z89.I-latest revision. It is suggested tha"
all hardhats be affixed with Contractor's or subcontractor's company logo or name,
(2) Eye protection that meets American National Standard for occupational and educational eye and face
protection, Z87.1-latest revision. Additional eye protection must be provided to meet specific jOb situations
such as welding, grinding, burning, etc.; and
(~) Hearing.prot~tion which affords enough attenuation to give protection fram noise levels that will be
occurring on the Job site.
(c) All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warninc
devices. If in the opinion of the Railroad RepresentatIve any of Contractor's or any of its subcontractor's equipmeni
is unsafe for use on the Railroad's right-of-way, the Contractor, at the request of the Railroad Representative, shall
refTDve such equi~nt fram the Rai Iroad's right-of-way.
Section 9. INDEMNITY.
(a) As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at
or near the location of the Contractor'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 fram: (a) Injury to or death of persons whomsoever (Including the
Railroad"s officers, agents, and employees, the Contractor"s officers, agents, and employees, as well as any otfier
person); and (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to
the roadbed, tracks, equi~nt, or other property of the Railroad, or property in ItS care or custody),
(b) As a major inducement and in consideration of the license and permission herein granted, the Contractor
agrees to indemnify and hold harmless the Railroad fram any loss which is due to or arises fram any cause and is
associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure
to observe the healt~ and safety provisions herein, or any activity o~ omis~ion arisi~ out of performance.or
nonper formance of th I S agreement. However, the Contractor sha II not I ndemn I fy the Ra i 'road when the loss I s caused by
the sole negl igence of the Rai'road,
Section 10. RESTORATION OF PROPERTY,
In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner
move or disturb any of the other property of the Railroad in connection with the work to be perfOrmed by Contractor,
then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and
Exhibit A
J:'~ge 2 of 3
0881"
Pl' X&E ROE 890709
Form Approved. AVP-law
other pro~rty to the same condition as the same were in before such fence was taken down or such other property was
I'OOved or disturbed. and the Contractor shall indermify and hold harmless the Rai I road. its officers. aoents and
employees, a9ainst and from any and all liability. loss, damages. claims, demands, costs and expenses of whatsoever
nature. arisIng from the taking down of any fence or the I'OOving or disturbance of any other property of the Railroad.
Section II, WAIVER Of BREACH.
, The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be
kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any
subsequent breach thereof.
Section 12. ASSIGNMENT - SUBCONTRACTING.
The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the
written consent of the Railroad and any attempt to so assign. sublet or subcontract without the written consent of the
Rai I road shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work
herein described, the Contractor is and s~all remain responsible for all work of subcontractors and all work of
subcontractors shall be governed by the terms of this agreement.
Exhibit A
Page } of 3
088ln
o-
pt x ROC 890709 - INS. A
Form Approved, AVP-law
EXHIBIT A-I
Right of Entry ~greement
Insurance Requirements
Contractor shall, at its own sole cost and expense, procure the following kinds of insurance and promptly
pay when due all premiums for that insurance. If It so elects, Railroad shall have the right to obtain such
Insurance and Contractor shall promptly reimburse Railroad for that expense. The following insurance shall
be kept in force during the life of thIs Agreement:
General Public liability insurance providing bodily injury, including dea!~l personal injury and
property damage coverage with a combined single limit of at least $2,OOO,uuu each occurrence or claim
and a general aggregate limit of at least $4,OOO,~. This insurance shall provide Broad Form
Contractual Liability covering the indemnity provisions contained in this Agreement, Underground
hazard, Products-Completed Operations with products-completed operation aggregate of at least
S2,ooo,ooo, a separate general aggregate for the project (ISO Form CG 25 O~ or equivalent), Broad Form
Property Damage, severability of Interests and name Railroad as an additional insured with respect to
all liabilities arising out of Contractor's obligation to Railroad in the Agreement. If coverage is
purchased on a "claims made" basis it shall prOVide for at least a three (~J year extended reporting or
discovery period, which shall be invoked should insurance covering the time period of this Agreement be
cancelled.
Automobile Public liability insurance providing bodily injury and property damage with a combined
single limit of at least l26OOO,OOO each occurrence or claim. This insurance shall provide contractual
lia ility by endorsement 5 Form CA 00 25 or equivalent covering all motor vehicles including hired
and non-owned, mobile equipment to the extent it may be excluded from general liability insurance,
severability of interests and name Railroad as an additional insured With respect to all liabilities
arising out of Contractor's obligation to Railroad in the Agreement.
Worker's Compensation insurance covering the statutory liability as determined by the compensation laws
of the state(s) affected by this Agreement and Employers' liability. Also compliance with all laws of
states which require participation in their state workers'compensation fund.
The Contractor hereby waives its right to subrogation, as respects the above insurance policTCies). against
Railroad for pa~nts made to or on behalf of employees of Contractor or its agents and for oss of its
~ned or leased property or property under its care, custody and control.while 9n or near Railroad:s
right-of-way or other real property. Contractor's Insurance shall be primary With respect to any Insurance
carried by Railroad.
Contractor shall furnish to Railroad certificate(s) of insurance evidencing the r~uired coverage and
endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance
company(ies) issuing such policy(ies) shall notify Railroad 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 cancellation thereof at least thirty (~O) days prior thereto.
The insurance policy(ies} shall be written by a reputable insurance company or companies acceptable to
Rai I road or with a current Best's Insurance Guide Rating of B and Class VII or better. Such Insurance
company shall be authorized to transact business in the state(s) affected by this Agreement.
088 }n
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EXHIBIT 'B'
1III0810URO IPACUIFIC RAOLROAD COIMIIPAIMY
SALINA, SALINE COUNTY, KANSAS
M.P. 497.90 - TRIGO INDUSTRIAL LEAD
TO ACCOMPANY SUPPLEMENTAL AGREEMENT
WITH THE CITY OF SALINA COVERING AN
U.G. WATER PIPELINE ENCROACHMENT.
SCALE: r = 100'
OFFICE OF DIRECTOR
CONTRACTS & REAL ESTATE
OMAHA. NEBRASKA NOVEMBER 12, 1990
JOC FILE: KSI06543
.LEGEND.
U.G. WATER LINE ENCROACHMENT SHOWN;~...... -w--- _y
MPRRCO. R/W OUTLINED.............................. _ _ _ _
~.~.'_":;" ~~..,".,~ - Selima. ,\dnsas
RESOLUTION NUMBER 90-4252
WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to
the CITY OF SALINA, KANSAS a Supplemental Agreement covering an
underground water pipeline on its property at Salina, Kansas; and
WHEREAS, the Board of Commissioners of the City of Salina, Kansas
ii has said proposed agreement before it and has given it careful review and
il consideration; and
II
Ii WHEREAS, it is considered that the best interest of said City of
II Salina, Kansas will be subserved by the acceptance of said agreement; SO NOW,
!i THEREFORE
1i
]1
Ii
"
BE IT RESOLVED by the Governing Body of the City of Salina,
:' Kansas:
Ii
il
!!
II PACIFIC
'I
[I
II accepted
Section 1.
That the Terms of the agreement submitted by MISSOURI
RAILROAD COMPANY as aforesaid be, and the same are hereby,
in behalf of said City.
Ii
ii
ii
"
I! empowered and directed to execute said agreement on behalf of said City and
"
'I
ii that the City Clerk of said City is hereby authorized and directed to attest said
II
il
I'
i: agreement and to attach to each duplicate original of said agreement, a certified
Ii
Ii copy of this resolution.
II
'I
ii
il
Ii
Section 2.
That the Mayor of said City is
hereby authorized,
Adopted by the Board of Commissioners and signed by the Mayor this
ii 19th day of November, 1990.
Ii
!I
:1
~
,
Robert E. Frank, Mayor
i: [SEAL]
I,
!i
ii ATTEST:
"
i: J~~~ ~lw~
Ii Jacque,ine Shiever, City Clerk
!I
IISTATE OF KANSAS
IICOUNTY OF SALINE
II
I! I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do I
'hereby certify that Resolution Number 90-4252 was adopted by the Board of
Commissioners at its regular meeting on November 19, 1990, and that the above
and for~going is a true and correct copy of the original on file in my office.
)
) SS
)
'......
'WJTNESS my hand and official
rs~~~]'!' ~
, ~ " ')
7~
,-
seal this 28th day of November, 1990.
J~~~ SLUJU-J
Jacquleline Shiever, City Clerk