HomeMy WebLinkAboutRES 11-300 RESOLUTION NO. 11-300
WHEREAS, Sunoco Pipeline L.P. approved Encroachment Agreements with the
City of Beaumont to provide for the installation of a waterline that will cross a portion of two
(2) Sunoco Pipeline L.P. pipeline easements; and,
WHEREAS, the City of Beaumont wishes to enter into two (2) Encroachment
Agreements with Sunoco Pipeline L.P. to allow the City to install and maintain a water line
within a portion of two (2) Sunoco Pipeline L.P. pipeline easements identified as S-116-
MPL-105 AND S-225-MPL-108; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to enter into two (2)
Encroachment Agreements with Sunoco Pipeline L.P. to allow the City to install and
maintain a water line within a portion of two (2) Sunoco Pipeline L.P. pipeline easements.
The Encroachment Agreements are substantially in the form attached hereto as Exhibits
"A" and "B" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
October, 2011. p,��
- M6yor Becky Ames -
ENCROACHMENT AGREEMENT
S'L'ATE OF TEXAS §
COUNTY OF JEFFERSON §
THIS AGREEMENT, made as of the day of , 2011, by and
between CITY OF BEAUMONT, TEXAS, a body politic and corporate and a political
subdivision of the State of Texas, with its principal place of business at 1350 Langham Road,
Beaumont, Texas 77707, (hereinafter called the "City"), and SUNOCO PIPELINE L.P., a
Texas limited partnership, its successors and assigns, whose mailing address is P.O. Box 5095,
Sugar Land,TX 77487-9940(hereinafter called"Sunoco"),
WITNESSETH THAT;
WHEREAS, Sunoco has acquired an easement to construct, maintain, operate, repair,
replace,alter,renew and remove a pipeline and appurtenances thereto,together with other rights
in and across certain lands located in Jefferson County,Texas,by virtue of a Rigltt of Way Grant
dated November 18,2008,recorded under Document Number 2008039427 of the Deed Records
of the County Clerk, Jefferson County, Texas (hereinafter called the "Easement") and also
identified as S-I 16-MPL-105,reference to which is here made for all purposes;and
WHEREAS,the City was granted a permit by the Texas Department of Transportation
(hereinafter called "TXDO'r") to construct a fourteen (14) inch HDPE water line and
appurtenances(hereinafter called the"Improvements")within and along the right-of-way for Spur
380,also known as South M.L.King,Jr.Parkway;and
WHEREAS,in connection with its interest in said lands,the City has requested Sunoco
to consent to the existence,maintenance and encroachment of the Improvements;and
WHEREAS, the Improvements and encroachment area aloe generally illustrated on
Exhibit"A",attached hereto and incorporated herein;
WHEREAS,in order to accommodate The City,Sunoco will not object to the existence,
maintenance and encroachment of(lie Improvements over, upon and across the Easement upon
terms and conditions as described above and as will more fully hereinafter appear.
NOW, THEREFORE, in consideration of the premises and of the mutual advantages
accruing or expected to accrue to the parties by virtue of this agreement,the parties,intending to
be legally bound,agree that the Easement provides as follows:
1. The City, its agents and contractors shall give Sunoco not less than forty-eight
(48) hours notice prior to any proposed construction, installation grading, excavation,
maintenance or repair of any improvements over, under or near Sunoco's pipeline and the
Easement. Contact Sunoco's Maintenance Supervisor,Foyce Winn at 409 749-3900(office)409
504-6910(cell)or his successor. Construction of the hmprovements must be made in accordance
to the construction plans dated June 25,2011 by Schaumburg&Polk.Inc(hereinafter called the
"Plans")that have been submitted to Sunoco for review. Said plans show a nine(6)foot vertical
clearance from the outside diameter of Sunoco's steel encased pipeline to tine diameter of the
hmprovement. The Improvement cannot be installed closer,to Sunoco's pipeline than shown on
the proposed construction plans. The improvements may be installed via dry bore provided that
a Sunoco inspector is present at the time and also provided that Sunoco's pipeline will not be
exposed during excavation.
2. Except as otherwise provided for herein, neither the City nor its agent or
contractors shall build any structures on,construct man-made surfaces or place bodies of water
upon,plant any trees or shrubs,excavate or locate any utilities within,change the grade of,or use
the Easement, or any part thereof, in any way which will or may interfere with Sunoco's
Enwoac mmit Agrewuent,City of Beaumont t- File No 11SB-00I S
EXHIBIT"A"
immediate and/or unimpeded access to Sunoco's pipeline facilities located therein or otherwise
interfere with Sunoco's lawful exercise of any of the rights herein granted or confirne d without
first having obtained Sunoco's approval in writing.
3. The operation,maintenance and repair of the Improvements and appurtenances by
the City shall he done in a manner and under such general conditions as will not interfere with
the proper and safe use,operation and enjoyment of Sunoco's pipeline and Easement.
4- The City at all times shall be obligated to promptly maintain,repair and renew the
Improvements and, upon notice in writing from Sunoco requiring it to do so, promptly shall
perform maintenance or make any such repairs for the purpose of protecting and safe-guarding
Sunoco's property, employees,patrons or licensees from damage or injury all at The City's sole
cost and expense.
5. The maintenance and/or reconstruction of the Improvements is and shall be
subject to the prior rights of Swroco,and exercise of said rights by Sunoco is not and shall not be
subject to limitations or prohibitions by virtue of said maintenance and/or reconstruction of any
of the improvements and related facilities and appurtenances.
6. Sunoco, in the exercise of any of its rights,shall not be liable in any manner or
respect whatsoever for any damages occasioned to any of the Improvements, and The City,its
agents and contractors shall and do assume all risk and expense which may be involved in any
repair,replacement and/or reconstruction of any improvements which may be required or desired
by Sunoco,its agents and contractors.
7. All the terms and provisions of the Easement, except as modified by this
Agreement,are hereby ratified and confirmed and shall remain in full force and effect.
8. The City represents and warrants that it is prohibited by Section 52 of the Texas
Constitution, as interpreted by Texas appellate courts (See, for example, Brazoria County v.
Perry, 537 S.W.2d 89 [Tex.Civ.App.- Hous. -1" Dist. 1976]) and the Texas Attorney-General
(See, also, Op. Tex, Att'y Gen. No. DM-467 [1998]; and Tex. Att'y Gen. LO-90-107 [1993])
from giving an indemnity against loss, injury or damage resulting from activities of its
contractors on the Project site.
9. The City further represents and warrants that it has purchased a Rolling Owner-
Controlled Insurance Plan(ROCIP)through which all enrolled contractors and subcontractors on
the Project site will be coveted for certain minimum insurance coverages as shown on Exhibit B
attached to this Encroachment Agreement. The City agrees to enroll all contractors and
subcontractors performing work on the Improvements at the Project site in the ROCIP. The City
agrees to maintain the ROCIP in force for all construction activities at the Project site. Prior to
commencement of construction at of in proximity to the Sunoco Easement, The City agrees to
furnish Sunoco a certificate of insurance that confirms that the ROCIP coverages are in force,
and that Sunoco has been named as an additional insured on such ROCIP policies of insurance.
10. No equipment will be allowed to work over Sunoco's Pipeline(s),unless approved
by Sunoco's representative. Excavators must work/dig parallel to SUNOCO'S Pipeline(s), and
the buckets must have barred teeth. Any excavation within two feet (2) of SUNOCO'S
Pipeline(s) will be done by hand. Bores and directional drills installed within tear feet (101) of
SUNOCO'S Pipeline(s)and Facilities require physical verification of Pipeline location(s)prior to
commencement of any work. All crossings of SUNOCO'S Pipeline(s) will be constructed as
close to ninety(90) degrees as possible to SUNOCO'S Pipeline(s), but not less than forty-five
(45) degrees. A minimum of four feet (4') of cover and a maximum of seven feet (T) of cover
must be maintained over SUNOCO'S Pipeline(s).
11. Wherever the City will cross Sunoco's Pipeline and/or Easement with heavy
equipment,THE CITY will place matting or other suitable material over the Pipclinc/Easenrent
as determined by Sunoco's representative in the field.
12. Excavated material will not be placed over Sunoco's Pipeline excepting fill
material necessary to provide at least four feet (4') of cover above the Pipeline if there is
Encroachment Agreement,City of Beaumont -2- File No IMB-0018
presently insufficient cover over the Pipeline.The City agrees to clean up and repair all damages
to Sunoco's Easement resulting from the work on or across the basement. Any and all damage
repairs and cleanup of Sunoco's Easement will be subject to Sunoco's reasonable acceptance.
13. Within 120 clays of(lie completion of construction of the crossing of Sunoco's
Pipeline(s)/Easement,The City will provide to Sunoco at the above address a reproducible as-
built drawing of the crossing,which will include a distance of twenty-five feet(25')on each side
of said crossing along Encroachment with the depiction of elevations.
14. In the event that the existence,construction,operation,maintenance,relocation,or
removal of the Encroachment causes Sunoco to incur any cost that in any manner relates to
Sunoco's operation, maintenance, removal, repair, replacement, protection, construction,
alteration,relocation, changing the size of,addition to and/or inspection of the Pipeline,or the
cleanup or handling of any spills of petroleum products,The City,its successors or assigns,shall
reimburse Sunoco for any and all such costs that would not have been incurred but for the
existence of the Encroachment. The City hereby agrees that Sunoco will not be held liable for
any damages to the Encroachment arising from Sunoco's operation, maintenance, removal,
repair,replacement,protection,construction,alteration,relocation,changing the size of,addition
to and/or inspection of the Pipeline.
15. Sunoco and The City agree that the existence of the Encroachment does not
constitute a waiver of Sunoco's express rights under the aforesaid Easement and Partial Release
Agreement or any other rights which may be implied by law or equity.
16. The terns and conditions of this Agreement will constitute covenants running
with the land and will be binding upon and inure to the'benefits of the parties hereto, their
successors and assigns.
17. This Agreement shall not be altered,changed or amended except by an instrument
in writing executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed the day and year above written.
SUNOCO PIPELINE L.P.,a Texas limited partnership
By: Sunoco Logistics Partners Operations OP
LLC,a Delaware limited liability company,
as its general partner
By.
Todd M.Stamm,Manager Western Pipeline
Operations
CITY OF BEAUMONT,TEXAS
By.
Kyle Hayes
City Manager,City of Beaumont
Enoroadunent Agreome it,City of Beaumont -3- Pile No HSB-0018
STATE OF TEXAS §
§
COUNTY OF FORT 113END §
Before me a Notary Public in and for said county and state,on this_day of 2011,
personally appeared'Todd M.Stamm,to me known to be the identical person who subscribed the name of
the maker thereof to the foregoing inst utttcnt as Manager, Western Pipeline Operations of Sunoco
Logistics Partners Operations GP LLC,a Delaware limited liability company,in its capacity as general
partner of SUNOCO PIPELINE L. P., a Texas limited partnership, and acknowledged to me that lie
executed the same as his free and voluntary act and deed,and as the free and voluntary act and deed of
such corporation for the uses and purposes set forth.
Notary Public
My Commission Expires:
STATE 017 TEXAS §
COUNTY OF JEFFERSON §
Before me, the undersigned authority, NOTARY PUBLIC, STATE OF 'TEXAS on this day
personally appeared to me known to be the identical person who subscribed the name of the maker
thereof to the foregoing instrument.
Witness my hand and official seal this the____day of_,201 1.
Notary Public
My Conunission Expires:
AFTER RECORDING RETURN TO:
SUNOCO PIPELINE L.P.
P.O.Box 5095
Sugar Land,TX 77487-9940
Encroachment Agrwimit,City of Heatinioni -4- file No HSB-0018
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Exhibit B
ROCIP Insurance Coverage Limits
Workers' Compensation Insurance - Statutory Limits of the Workers' Compensation Laws
of the State of Texas,with Coverage B -Employer's Liability (with limits of$1,000,000 each
accident for Bodily Injury by accident, $1,000,000 each employee for Bodily Injury by disease
and$1,000,000 policy limit Bodily injury by disease),covering operations of the enrolled party
performed on or incidental to Work at the project site.
Commercial General Liability Insurance - (Excluding Automobile and Professional Liability)
in form providing coverage not less than a Commercial Gcmal Liability insurance policy,
including hazards of explosion, collapse,underground,independent contractor(s), employes as
additional insureds, completed operations for ten (10) years after final completion at each
designated project site, contractual liability coverage and personal injury liability coverage for
claims arising out of the Work for personal injury,bodily injury and property damage in policy or
policies of insurance such that the total available limits, reinstated annually to all insureds
combined will not be less than:
$2,000,000 per occurrence
$2,000,000 personal and advertising injury aggregate
$4,000,000 general aggregate per project
$4,000,000 completed operations aggregate—per project term
Such insurance will not include coverage for products liability for any product(s)manufactured,
assembled, or otherwise worked upon away from the Project site for any enrolled party or
excluded party performing such off site work,
Umbrella/Excess Liability Insurance in limits of,
$25,000,000 per occurrence
$25,000,000 general aggregate
$25,000,000 products/completed operations aggregate
Excess of those stated above,to all insureds combined.
FAimeduuom Agroement,City of Beaumont -5. File No MB-0018
i
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
THIS AGREEMENT, made as of the day of 2011, by and
between CITY OF BEAUMONT, TEXAS, a body politic and corporate and a political
subdivision of the State of Texas, with its principal place of business at 1350 Langham Road,
Beaumont, Texas 77707, (hereinafter called the "City"), and SUNOCO PIPELINE L.P., a
Texas limited partnership, its successors and assigns,whose mailing address is P.O. Box 5095,
Sugar Land,TX 77487-9940(hereinafter called"Sunoco").
WITNESSETH THAT:
WHEREAS, Sunoco has acquired an easement to construct, maintain, operate, repair,
replace,alter,renew and remove a pipeline and appurtenances thereto,together with other rights
in and across certain lands located in Jefferson County,Texas,by virtue of a Right of Way Grant
dated November 18,2008,recorded under Document Number 2008039427 of the Deed Records
of the County Clerk, Jefferson County, Texas (hereinafter called the "Easement"} and also
identified as S-225-MPL-108,reference to which is here made for all purposes;and
WHEREAS,the City was granted a permit by the Texas Department of Transportation
(hereinafter called"TXDO,r")to construct a twelve(12)inch PVC water line and appurtenances
(hereinafter called the "Improvements")within and along the right-of-way for Spur 380, also
known as South M.L.King,Jr.Parkway;and
WHEREAS,in connection with its interest in said lands,the City has requested Sunoco
to consent to the existence,maintenance and encroachment of the Improvements;and
WHEREAS, the Improvements and encroachment area are generally illustrated on
Exhibit"A",attached hereto and incorporated herein;
WHEREAS,in order to accommodate The City,Sunoco will not object to the existence,
maintenance and encroachment of the Improvements over,upon and across the Easement upon
terms and conditions as described above and as will more fully hereinafter appear.
NOW, THEREFORE, in consideration of the premises and of the mutual advantages
accruing or expected to accrue to the parties by virtue of this agreement,the parties,intending to
be legally bound,agree that the Easement provides as follows:
1. The City, its agents and contractors shall give Sunoco not less than forty-eight
(48) hours notice prior to any proposed construction, installation grading, excavation,
maintenance or repair of any improvements over, under or near Sunoco's pipeline and the
Easement. Contact Sunoco's Maintenance Supervisor,Foyce Winn at 409 749-3900(office)409
504-6910(cell)or his successor..Construction of the Improvements must be made in accordance
to the construction plans dated June 25,2011 by Schaumburg&Polk. Inc(hereinafter called the
"Plans")that have been submitted to Sunoco for review. Said plans show a nine(9)foot vertical
clearance from the outside diameter of Sunoco's steel encased pipeline to the diameter of the
Improvement. The Improvement cannot be installed closer to Sunoco's pipeline than shown on
the proposed construction plans. The Improvements may be installed via open trench,provided
that a Sunoco inspector is present at the time and also provided that Sunoco's pipeline will not be
exposed during excavation.
2. Except as otherwise provided for herein, neither the City nor its agent or
contractors shall build any structures on, construct man-made surfaces or place bodies of water
upon,plant any trees or shrubs,excavate or locate any utilities within,change the grade of,or use
the Easement, or any part thereof, in•any way which will or may interfere with Sunoco's
Encroachment Agreeanent,City of Beaumont -t- File No BTE-0013
EXHIBIT"B"
immediate and/or unimpeded access to Sunoco's pipeline facilities located therein or otherwise
interfere with Sunoco's lawful exercise of any of the rights herein granted or cortfinned without
first having obtained Sunoco's approval in writing.
3. The operation,maintenance and repair of the Improvements and appurtenances by
the City shall be done in a manner and under such general conditions as will not interfere with
the proper and safe use,operation and enjoyment of Sunoco's pipeline and Easement.
4. The City at all times shall be obligated to promptly maintain,repair and renew the
Improvements and, upon notice: in writing from Sunoco requiring it to do so, promptly shall
perform maintenance or make any such repairs for the put-pose of protecting and safe-guarding
Sunoco's property,employees,patrons or licensees from damage or injury all at The City's sole
cost and expense.
5. The maintenance and/or reconstruction of the Improvements is and shall be
subject to the prior rights of Sunoco,and exercise of said rights by Sunoco is not and shall not be
subject to limitations or prohibitions'by virtue of said maintenance and/or reconstruction of any
of the improvements and related facilities and apputenances.
6. Sunoco, in the exercise of any of its rights, shall not be liable in any manner or
respect whatsoever for any damages occasioned to any of the Improvements, and The City, its
agents and contractors shall and do assume all risk and expense which may be involved in any
repair,replacement and/or reconstruction of any improvements which may be required or desired
by Sunoco,its agents and contractors.
7. All the terms and provisions of the Easement, except as modified by this
Agreement,are hereby ratified and confirmed and shall remain in full force and effect.
8. The City represents and warrants that it is prohibited by Section 52 of the Texas
Constitution, as interpreted by Texas appellate courts (See, for example, Brazoria County v.
ferry, 537 S.W.2d 89 [Tex.Civ.App.- Hous. -It Dist. 1976])and the Texas Attorney-General
(See, also, Op. Tex. Att'y Gen. No. DM-467 [1998]; and Tex. Att'y Gen. LO-90-107 [1993])
from giving an indemnity against loss, injury or damage resulting front activities of its
contractors on the Project site.
9. The City further represents and warrants that it has purchased a Rolling Owner-
Controlled Insurance Plan(ROCIP)through which all enrolled contractors and subcontractors on
the Project site will be covered for certain minimum insurance coverages as shown on Exhibit B
attached to this Encroachment Agreement. The City agrees to enroll all contractors and
subcontractors performing work on the Improvements at the Project site in the ROCIP. The City
agrees to maintain the ROCIP in force for all construction activities at the Project site. Prior to
commencement of construction at or in proximity to the Sunoco Easement,The City agrees to
furnish Sunoco a certificate of insurance that confirms that the ROCIP coverages are in force,
and that Sunoco has been named as an additional insured on such ROCIP policies of insurance.
10. No equipment will be allowed to work over Sunoco's Pipeline(s),unless approved
by Sunoco's representative. Excavators must work/dig parallel to SUNOCO'S Pipeline(s), and
the buckets must have barred teeth. Any excavation within two feet (2') of SUNOCO'S
Pipeline(s) will be done by hand. Bores and directional drills installed within ten feet(10') of
SUNOCO'S Pipeline(s)and facilities require physical verification of Pipeline location(s)prior to
commencement of any work. All crossings of SUNOCO'S Pipeline(s) will be constructed as
close to ninety(90) degrees as possible to SUNOCO'S Pipeline(s),but not less than forty-five
(45)degrees. A minimum of four feet (4) of cover and a maximum of seven feet (T)of cover
must be maintained over SUNOCO'S Pipeline(s).
11. Wherever the City will cross Sunoco's Pipeline and/or Easement with heavy
equipment, THE CITY will place matting or other suitable material over the Pipeline/Easement
as determined by Sunoco's representative in the field.
12. Excavated material will not be placed over Sunoco's Pipeline excepting fill
material necessary to provide at least four feet (4') of cover above the Pipeline if there is
Enc:roachmatt Agreement,City ofBeaumotu -2- Pile No BTE-0013
presently insufficient cover over the Pipeline.The City agrees to clean up and repair all damages
to Sunoco's Easement resulting from the work on or across the Easement. Any and all damage
repairs and cleanup of Sunoco's Easement will be subject to Sunoco's reasonable acceptance.
13. Within 120 days of tic completion of construction of the crossing of Sunoco's
Pipelinc(s)/Easement, The City will provide to Sunoco at the above address a reproducible as-
built drawing of the crossing,which will include a distance of twenty-five feet(25)on each side
of said crossing along Encroachment with the depiction of elevations.
14. In the event that the existence,construction,operation,maintenance,relocation,or
removal of the Encroachment causes Sunoco to incur any cost that in any manner relates to
Sunoco's operation, maintenance, removal, repair, replacement, protection, construction,
alteration,relocation, changing the size of, addition to and/or inspection of the Pipeline, or the
cleanup or handling of any spills of petroleum products,The City,its successors or assigns,shall
reimburse Sunoco for any and all such costs that would not have been incurred but for the
existence of the Encroachment. The City hereby agrees that Sunoco will not be held liable for
any damages to the Encroachment arising from Sunoco's operation, maintenance, removal,
repair,replacement,protection,construction,alteration,relocation,changing the size of,addition
to and/or inspection of the Pipeline.
15. Sunoco and The City agree that the existence of the Encroachment does not
constitute a waiver of Sunoco's express rights wider the aforesaid Easement and Partial Release
Agreement or any other rights which may be implied by law or equity.
16. The terms and conditions of this Agreement will constitute covenants running
with the land and will be binding upon and inure to the benefits of the parties hereto, their
successors and assigns.
17. This Agreement shall not be altered,changed or amended except by an instrument
in writing executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed the day and year above written.
SUNOCO PIPELINE L.P.,a Texas limited partnership
By: Sunoco Logistics Partners Operations GP
LLC,a Delaware limited liability company,
as its general partner
By:
Todd M.Stamm,Manager Western Pipeline
Operations
CITY OF BEAUMONT,TEXAS
By: -— -
Kyle Hayes
City Manager,City of Beaumont
Encroodunan Agrecumt,City of Beaumont .3- Tito No BTC-0013
STATE OF TEXAS §
COUNTY OF FORT IEBND §
Before me a Notary Public in and for said county and state,on this_day of _,2011,
personally appeared'lodd M.Stamm,to me known to be the identical person who subscribed the name of
the maker thereof to the foregoing instrument as Manager, Western Pipeline Operations of Sunoco
Logistics Partners Operations GP LLC,a Delaware limited liability company, in its capacity as general
partner of SUNOCO PIPELINE L. P., a Texas limited partnership, and acknowledged to me that he
cxccuted the same as his free and voluntary act and deed,and as the free and voluntary act and(Iced of
such corporation for the uses and purposes set forth.
Notary Public
My Commission Expires: __-
STATE OF TEXAS §
COUNTY OF JEIFERSON §
Before me, the undersigned authority, NOTARY PUBLIC, STATE OF TEXAS on this day
personally appeared to me known to be the identical person who subscribed the name of the maker
thereof to the foregoing instrument.
Witness my hand and official seal this the__day of_,201 1.
Notary Public
My Commission Expires: _
AFTER RECORDING RETURN TO:
SUNOCO PIPELINE L.P.
P.O.Box 5095
Sugar Land,TX 77487-9940
Eacmactuncnt Agrewnent,City of Beaunwnt -4- File No BTE-0013
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Exhibit B
ROCIP Insurance Coverage Limits
Workers' Compensation Insurance - Statutory Limits of the Workers' Compensation Laws
of the State of Texas,with Coverage B- Employer's Liability (with limits of$1,000,000 each
accident for Bodily Injury by accident, $1,000,000 each employee for Bodily Injury by disease
and$1,000,000 policy limit Bodily Injury by disease),covering operations of the enrolled party
performed on or incidental to Work at the project site.
Commercial General Liability Insurance - (Excluding Automobile and Professional Liability)
in form providing coverage not less than a Commercial General Liability insurance policy,
including hazards of explosion,collapse, underground, independent contractor(s),employees as
additional insureds, completed operations for ten (10) years after final completion at each
designated project site, contractual liability coverage and personal injury liability coverage for
claims arising out of the Work for personal injury,bodily injury and property damage in policy or
policies of insurance such that the total available limits, reinstated annually to all insureds
combined will not be less than:
$2,000,000 per occurrence
$2,000,000 personal and advertising injury aggregate
$4,000,000 general aggregate per project
$4,000,000 completed operations aggregate—per project term
Such insurance will not include coverage for products liability for any product(s)manufactured,
assembled, or otherwise worked upon away from the Project site for any enrolled party or
excluded party performing such off-site work.
Umbrella/Excess Liability Insurance in limits of:
$25,000,000 per occurrence
$25,000,000 general aggregate
$25,000,000 products/completed operations aggregate
Excess of those stated above,to all insureds combined.
Encroachment Agroauent,City of Donumont -5- Pile No BTE-0013