HomeMy WebLinkAboutRES 13-260RESOLUTION NO. 13-260
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Pipe Line Crossing
Contract, substantially in the form attached hereto as Exhibit "A," with The Kansas City
Southern Railway Company to provide access to install two 72 -inch steel drainage pipes
across The Kansas City Southern Railway Company property in accordance with the
Railroad Company requirements related to the South Park Relief Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
November, 2013.
AV'
yor Becky Ames -
JLL Reference No. 12 -1576
PIPELINE CROSSING CONTRACT (KCS Contract No. )
THIS AGREEMENT is entered into this 5 "' day of November', 2013 by and between THE KANSAS CITY
SOUTHERN RAILWAY COMPANY, a Missouri corporation, called herein "Licensor ", and THE CITY OF
BEAUMONT, TEXAS, to be addressed at P. O. Box 3827, Beaumont, Texas 77704, called herein "Licensee"
1. Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any other
purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove two (2) proposed storm water
pipelines under Licensor's tracks and right -of -way at Mile Post K- 769.22 (Beaumont Subdivision) at or near Beaumont
(Jefferson County), Texas, the course of the pipelines being described as follows:
As indicated on print of drawing no. 12 -1576 dated 07 -19 -2013 and approved 08 -09 -2013, marked
Exhibit "A ", attached hereto and incorporated herein by reference.
The rights granted under this Agreement are subject to all outstanding superior rights whether or not of record
(including those in favor of licensees and lessees of Licensor's property, and others) and the right of Licensor to renew and
extend the same, and is made without covenant of title, or for quiet enjoyment. Licensor does not warrant title and Licensee
accepts the rights granted herein and shall make no claim against Licensor for deficiency of title. Licensee acknowledges
that the Licensor's interest in the right-of-way varies from segment to segment and may include lesser interests than fee title.
Licensee shall, at Licensee's sole cost and expense, obtain any and all necessary rights and consents from patties other than
Licensor which may have or claim any right, title or interest in the property upon which the Licensor's right -of -way is
located.
2. The carrier pipe shall consist of two (2) 214' (180' on Licensor's right -of -way) x 72" steel having a
minimum wall thickness of 1" and a minimum yield point of 35,000 PSI. Licensee expressly agrees that its under -track
installation shall be by dry bore and jack method and that no boring or excavation shall occur within Licensor's right-of-way,
nor shall any boring occur in the track embankment. The angle of the pipelines crossing beneath Licensor's property and
tracks shall be no less than 45 °.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of
Licensor's property in any way, or the operation of trains or cars, and the pipelines shall be laid at a minimum depth of 13.88'
below the bottom of Licensor'.s base of rail and at a minimurn depth of 7.31' below ground level at all other points on the
right -of -way. Excavations made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, and
the ground left in the same condition as before laying of the pipelines.
The pipelines shall be maintained so as to prevent the escape of its contents being conveyed. Connections or valves
shall not be placed in the pipelines nearer than forty feet (40) from the center of Licensors nearest track_ Further, the
pipelines and its operation and use, shall comply with any and all applicable governmental laws, rules, and regulations. The
parties hereby incorporate the requirements of 41 C.P.R. §§ 60- 1.4(a) (7), 60- 250.5, 60- 741.5, and 29 C.F. R. part 470, relating
to equal employment opportunity, if applicable. If required by Licensor, gates and check valves shall be placed in convenient
locations. Licensee agrees that no hydrostatic pressure testing shall be allowed unless the carrier pipe has been encased in
a steel casing meeting Licensor and AREMA specifications.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of
Licensor's employees or property in any way, or the operation of trains or cars. The location of the pipelines shall be
marked, with markers maintained and plainly visible at the right-of-way lines.
3. Licensee shall promptly make necessary repairs to the pipelines, and, in the event of Licensee's failure to do
so, repairs may be made by Licensor at Licensee's expense, which cost Licensee expressly agrees to pay upon presentation of
the bill.
- Page 1 of 4 -
EXHIBIT "A"
JLL. Reference No. 12 -1576
Should Licensor at any time decide a change in the location or other changes in the pipelines are desirable, Licensee
will at its cost make the changes at Licensor's request and, upon the failure of Licensee to do so, Licensor may make such
changes at Licensee's expense, which expense Licensee expressly agrees to pay upon receipt of the bill.
4. It shall be the exclusive duty and responsibility of Licensee to inspect the property subject to this Agreement
to make sure that it is safe for the entry of its employees, agents and contractors. Licensee shall advise all of its employees,
agents and contractors entering the property of any safety hazards on the property, including, without ]imitation, the presence
of moving vehicles, buried cables, tripping hazards and overhead wires. Licensee shall instruct all of its employees, agents
and contractors entering the property that all persons, equipment and supplies must maintain a distance of at least twenty -five
feet (25') from the centerline of the track unless authorized by the on -site railroad flagman to be closer than twenty -five feet
(25'). Licensee shall ensure that no personnel, equipment or supplies under its control are within the clearance point of the
track when moving railroad equipment may be seen from or heard at the property subject to this Agreement. Finally,
Licensee shall adopt, publish and enforce safety rules for its employees, agents and contractors that will be on Licensor's
right of way consistent with the requirements of this Section.
5. Rights herein granted are personal and may not be assigned without Licensor's written consent. The
provisions of this Agreement shall be binding upon the successors and permitted assigns of both parties.
6. Upon termination of this Agreement, Licensee shall immediately remove the pipelines from the property of
Licensor and restore the property to its original state. Upon failure of Licensee to remove the pipelines and restore the
property to its original state, Licensor may remove it and restore the property to its original state at Licensee's expense,
which cost and expense Licensee agrees to pay.
7. Licensee shall not enter nor commence construction on or under Licensor's property or right-of-way unless
accompanied by a qualified construction observer and flagger to oversee Licensee's work on Licensor's property or right-of-
way. Licensee will be responsible for all construction observer, flagging and mobilization costs, herein referred to as
"Services ", and arranging for these necessary Services associated with the installation. To enable arrangements to oversee
for these Services that are to be performed under this Agreement, Licensee must submit a written scheduling request to
Licensor's Scheduling Agent, hereinafter referred to as "Scheduling Agent ", which request is received by the Scheduling
Agent for approved Licensor qualified construction observer and flagging contractor a minimum of thirty (30) Business
Days in advance before Licensee proposes to commence work on or under Licensor's property or right -of =way. (A
"Business Day" is any day Monday through Friday which is neither a federal holiday nor a state holiday at the address of
Licensor's scheduling agent stated below.) The request must contain Licensee's name, the date of this Agreement, the
location of the work to be performed, and how many consecutive Business Days will be required for Licensee to complete
the work, Licensee's written request must be delivered to Scheduling Agent at the following location:
Mr. Thomas Faulkner
Bartlett & West, Inc.
4500 Mercantile Plaza Drive, Suite 301
Fora Worth, Texas 76137
Direct Line: (817) 840 -1 562
Cell: (785) 215 -2011
Fax: (682) 647 -1726
Ismail: thornas.faulkner(c)bartwest.com
Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail Scheduling
Agent's costs and expenses of providing these Services, reimburse Scheduling Agent for all of their costs and expenses of
providing an inspection, Bagging and mobilization prior to installation.
Licensor's designation of a company or individual as a "qualified" flagger or flagger provider, or Scheduling Agent,
shall be construed solely as Licensor's willingness to allow said individual or entity to provide Services on Licensor's
property or right -of -way without further proof of qualification, and shall not be construed as an endorsement or other
verification of the abilities or qualifications of said Scheduling Agent by Licensor. All flaggers or Scheduling Agents
- Page 2of4-
.111, Reference No. 12 -1576
provided herein shall be treated solely as independent contractors of Licensee, with no relationship to Licensor, for all
purposes herein. Licensee and its agents, employees and contractors will clear the tracks when directed to do so by the
dagger. The presence of the flagger will not relieve Licensee of its duty to keep all of its agents, employees and contractors
clear of the tracks when trains are in dangerous proximity to the licensed area. Tyre actions or inactions of the dagger shall
be construed for all purposes herein as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of
indemnification, and saving harmless under Section 3 of this Agreement.
If Licensee's scheduling request fails to reach Scheduling Agent at least thirty (30) Business Days before
Licensee's proposed commencement of work, Licensor may refuse to allow commencement of the work on the Licensee's
proposed commencement date. If Licensor will not allow the work to proceed on Licensee's proposed commencement
date because the scheduling request did not reach Scheduling Agent in time, Licensor will inform Licensee of this fact as
promptly as possible and work with Licensee to arrange an alternative commencement date for the work.
The construction observer and dagger will remain at the site on a reasonably continuous basis to oversee the
work, and charges will accrue for each day spent awaiting the completion of the work and the installation of appropriate
signs marking where Licensee's facilities enter and Leave Licensoe's property and right -of -way. If installation takes
longer than contracted for with Scheduling Agent, Licensee will, upon receipt of an invoice from Scheduling Agent
specifying in reasonable detail Scheduling Agent's costs and expenses of providing the inspection, flagging and
mobilization, reimburse Scheduling Agent for all of Scheduling Agent's costs and expenses of providing an inspector,
flagger and mobilization.
Once Licensee has submitted its scheduling request to Scheduling Agent, should Licensee require a change to the
scheduled date, Licensee shall provide Scheduling Agent at least two (2) Business Days' notice prior to the requested start
date of the work. If Licensee fails to provide two (2) Business Days' notice of the change, Licensee shall be charged, and
agrees to pay, the daily rate, and any travel costs actually incurred, for the construction observer, flagging and mobilization for
one (l) day.
3. Licensee agrees to pay to Licensor for the use of Licensoe's right -of -way and the privilege hereby granted
such use and privilege being expressly limited to the facilities described in Section I above, the one -time sum of NINE
THOUSANI:) THREE HUNDRED SEVENTY FIVE AND NO /100 DOLLARS ($9,375.00), due upon execution of this
Agreement.
9. The term of this Agreement shall be for a period of 10 years, beginning on the date first written above, and
will automatically renew at the end of the initial 10 -year term for additional I year periods until cancelled by either party upon
30 days advance notice. Notwithstanding the above, either party may terminate this Agreement at any time upon 30 days
written notice.
10. Environmental Protection: Licensee shall not permit hazardous waste, hazardous substances or hazardous
materials (as those terms are defined in any federal, state or local law, rule, regulation or ordinance) on or in the area covered
by this Agreement without the written consent of Licensor.
Licensee shall at all times keep the area covered by this Agreement in a safe, clean and sanitary condition, and shall
not mutilate, damage, misuse, alter or permit waste therein. Should any discharge, leakage, spillage or emission of any
hazardous waste, hazardous substance or hazardous material or pollution of any kind occur upon, in, into, under or from the
area covered by this Agreement due to Licensee's use and occupancy thereof, Licensee, at its sole cost and expense, shall
clean all property affected c�t l ed thereby, to t ° satisfaction of Licensor and any governmental body having jurisdiction there over.
Licensee shall comply with all applicable ordinances, rules, regulations, requirements and laws whatsoever
including (by waj of illustration only and not by way of limitation) any governmental authority or court controlling
environmental standards and conditions on the premises and shall furnish satisfactory evidence of such compliance upon
request by Licensor.
H. So long as this Agreement is in effect Licensee agrees to maintain comprehensive general liability and
- Page 3 of 4 -
JLL Reference No. 12 -1576
contractual liability insurance with minimum limits of two million dollars ($2,000,000.00) per occurrence, four million
dollars ($4,000,000.00) aggregate. Licensee shall provide automobile liability coverage in the amount of one million
dollars ($1,000,000.00) combined single limit. In addition, Licensee shall provide or require minimum statutory worker's
compensation coverage for all covered employees who are on Licensor's property. Licensee must also provide a Railroad
Protective Liability Insurance policy naming the Licensor as the Named Insured with coverage limits of at least. two
million dollars ($2,000,000.00) per occurrence and six million dollars ($6,000,000.00) aggregate. The original Railroad
Protective Liability policy shall be promptly furnished to Licensor. Bach policy must be issued by financially reputable
insurers licensed to do Business in all jurisdictions where work is performed during the term of the Agreement. A
certificate of insurance will be provided to Licensor by Licensee, reasonably satisfactory to Licensor in form and content,
evidencing that all required coverage is in force and have been endorsed to provide that no policy will be canceled or
materially altered without first giving the Licensor thirty (30) day's prior written notice. Commercial general liability
policy will name Licensor as an additional insured and, to the fullest extent allowed under law, will contain a waiver of
subrogation in favor of Licensor. All policies will be primary to any insurance or sell- insurance the Licensor may
maintain for acts or omissions of Licensee or anyone for whom Licensee is responsible. Any deductible or self - insured
retention on the required insurance shall be the responsibility of Licensee. Licensee will include copies of relevant
endorsements or policy provisions with the required certificate of insurance. Nothing contained in this Section limits
Licensee liability to the Licensor to the limits of insurance certified or carried by Licensee. If Licensee utilizes
subcontractors in performance of this Agreement, the subcontractors must meet the insurance requirements as the
Licensee. Licensee is self-insured. If a subcontractor does not meet the coverage requirements of this Section,
subcontractor must either supplement the deficient areas of coverage or Licensee must certify that Licensee has acquired
sufficient coverage to supplement the deficiency of subcontractor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their
authorized representatives as of the date first above written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
By:
Srikanth Honnur, P.E.
Title: Track and Bridge Construction Director _
Date:
THE CITY OF BEAUMONT, TX
By:
Title:
Date:
- Page 4of4-
ILL Reference No, 12-1576
PIPELINE CROSSING CONTRACT (KCS Contract No. I Ocx30 ti 3-6S
THIS AGREEMENT is entered into this 26°i day of November, 2013 by and between THE KANSAS CITY
SOUTHERN RAILWAY COMPANY, a Missouri corporation, called herein "Licensor", and THE CITY OF
BEAUMONT, TEXAS, to be addressed at R O. Box 3827, Beaumont, Texas 77704, called herein "Licensee".
1. Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any other
purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove two (2) proposed storm water
pipelines under Licensor's tracks and right-of-way at Mile Post K-769.22 (Beaumont Subdivision) at or near Beaumont
(Jefferson County), 'Texas, the course of the pipelines being described as follows:
As indicated on print of drawing no. 12-1576 dated 10-07-2013 and approved ,11-26-2013, marked
Exhibit "A", attached hereto and incorporated herein by reference.
The rights granted under this Agreement are subject to all outstanding superior rights whether or not of record
(including those in favor of licensees and lessees of Licensers property, and others) and the right of Licensor to renew and
extend the same, and is made without covenant of title, or for quiet enjoyment. Licensor does not warrant title and Licensee
accepts the rights granted herein and shall make no claim against Licensor for deficiency of title. Licensee acknowledges
that the Licensor's interest in the right-of-way varies from segment to segment and may include lesser interests than fee title.
Licensee shall, at Licensee's sole cost and expense, obtain any and all necessary rights and consents from parties other than
Licensor which may have or claim any right, title or interest in the property upon which the Licensor's right-of-way is
located.
2. The carrier pipe shall consist of two (2) 214' (i41' on Licensors right-of-way) x 72" steel having a
minimum wall thickness of I" and a minimum yield point of 35,000 PSI. Licensee expressly agrees that its tinder -track
installation shall be by dry bore and jack method and that no boring or excavation shall occur within Licensor's right-of-way,
nor shall any boring occur in the track embankment. The angle of the pipelines crossing beneath Licensor's property and
tracks shall be no less than 451.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of
Licensor's property in any way, or the operation of trains or cars, and the pipelines shall be laid at a minimum depth of 13.88'
below the bottom of Licensor's base of rail and at a minimum depth of 7.3I' below ground level at all other points on the
right-of-way. Excavations made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, and
the ground left in the same condition as before laying of the pipelines.
The pipelines shall be maintained so as to prevent the escape of its contents being conveyed. Connections or valves
shall not be placed in the pipelines nearer titan forty feet (40') from the center of Licensor's nearest track. Further, the
pipelines and its operation and use, shall comply with any and all applicable govermnental laws, rules, and regulations. The
parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a) (7), 60-250.5, 60-741.5, and 29 C.F. R, part 470, relating
to equal employment opportunity, if applicable. If required by Licensor, gates and check valves shall be placed in convenient
locations. Licensee agrees that no hydrostatic pressure testing shall be allowed wnless the carrier pipe has been encased in
a steel casing meeting Licensor and AREMA specifications.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of
Licensors employees or property in any way, or the operation of trains or cars. The location of the pipelines shall be
marked, with markers maintained and plainly visible at the right-of-way lines.
3. Licensee shall promptly snake necessary repairs to the pipelines, and, in the event of Licensee's failure to do
so, repairs may be made by Licensor at Licensee's expense, which cost Licensee expressly agrees to pay upon presentation of
the bill.
- Page 1 of 4 -
ILL Reference No. 12-1576
Should Licensor at any tune decide a change in the location or other changes in the pipelines are desirable, Licensee
will at its cost make the changes at Licensor's request and, upon the failure of Licensee to do so, Licensor may make such
changes at Licensee's expense, which expense Licensee expressly agrees to pay upon receipt of the bill.
4. It shall be the exclusive duty and responsibility of Licensee to inspect the property subject to this Agreement
to make sure that it is safe for the entry of its employees, agents and contractors. Licensee shall advise all of its employees,
agents and contractors entering the property of any safety hazards on the property, including, without limitation, the presence
of moving vehicles, buried cables, tripping hazards and overhead wires. Licensee shall instruct all of its employees, agents
and contractors entering the property that all persons, equipment and supplies must maintain a distance of at least twenty-five
feet (25') from the centerline of the track unless authorized by the on -site railroad flagman to be closer than twenty-five feet
(25'). Licensee shall ensure that no personnel, equipment or supplies under its control are within the clearance point of the
track when moving railroad equipment may be seen from or heard at the property subject to this Agreement. Finally,
Licensee shall adopt, publish and enforce safety rules for its employees, agents and contractors that will be on Licensor's
right of way consistent with the requirements of this Section.
5. Rights herein granted are personal and may not be assigned without Licensor's written consent, The
provisions of this Agreement shall be binding upon the successors and permitted assigns of both parties.
6. Upon termination of this Agreement, Licensee shall immediately remove the pipelines from the property of
Licensor and restore the property to its original state. Upon failure of Licensee to remove the pipelines and restore the
property to its original state, Licensor may remove it and restore the property to its original state at Licensee's expense,
which cost and expense Licensee agrees to pay.
7. Licensee shalt not enter nor continence construction on or under Licensor's property or right-of-way unless
accompanied by a qualified construction observer and flagger to oversee Licensee's work on Licensor's property or right-cf-
way. Licensee will be. responsible for all construction observer, flagging and mobilization costs, herein referred to as
"Services", and arranging for these necessary Services associated with the installation. To enable arrangements to oversee
for these Services that are to be performed under this Agreement, Licensee must submit a written scheduling request to
Licensor's Scheduling Agent, hereinafter referred to as "Scheduling Agent", which request is received by the Scheduling
Agent for approved Licensor qualified construction observer and flagging contractor a minimum of thirty (30) Business
Days in advance before Licensee proposes to continence work on or under Licensor's property or right-of-way. (A
"Business Day" is any day Monday through Friday which is neither a federal holiday nor a state holiday at the address of
Licensor's scheduling agent stated below.) The request must contain Licensee's name, the date of this Agreement, the
location of the work to be performed, and how many consecutive Business Days will be required for Licensee to complete
the work. Licensee's written request must be delivered to Scheduling Agent at the following location:
Mr. Thomas Faulkner
Bartlett & West, Inc.
4500 Mercantile Plaza Drive, Suite 301
Fort Worth, Texas 76137
Direct Line: (817) 840-1562
Cell: (785) 21572011
Fax: (682) 647-1726
Email: thomas.faulkner- bartwest.com
Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail Scheduling
Agent's costs and expenses of providing these Services, reimburse Scheduling Agent for all of their costs and expenses of
providing an inspection, flagging and mobilization prior to installation.
Licensor's designation of a company or individual as a "qualified" dagger or flagger provider, or Scheduling Agent,
shall be construed solely as Licensor's willingness to allow said individual or entity to provide Services on Licensor's
property or right-of-way without further proof of qualification, and shall not be construed as an endorsement or other
verification of the abilities or qualifications of said Scheduling Agent by Licensor. All naggers or Scheduling Agents
- Page 2 of 4 -
JLL Reference No. 12-1576
provided herein shall be treated solely as independent contractors of Licensee, with no relationship to Licensor, for all
purposes herein. Licence and its agents, employees and contractors will clear the tracks when directed to do so by the
flagger. The presence of the flagger will not relieve Licensee of its duty to keep all of its agents, employees and contractors
clear of the tracks when trains are in dangerous proximity to the licensed area. The actions or inactions of the flagger shall
be consoued for all purposes herein as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of
indemnification, and saving harmless under Section 3 of this Agreement.
If Licensee's scheduling request fails to reach Scheduling Agent at least thirty (30) Business Days before
Licensee's proposed commencement of work. Licensor may refuse to allow commence} 01 of the work on the Licensee's
proposed commencement date. If Licensor will not allow the work to proceed on Licensee's proposed commencement
date because the scheduling request did not reach Scheduling Agent in time, Licensor will inform Licensee of this fact as
promptly as possible and work with Licensee to arrange an alternative commencement date for the work.
The construction observer and flagger will remain at the site on a reasonably continuous basis to oversee the
work, and charges will accrue for each day spent awaiting the completion of the work and the installation of appropriate
signs marking where Licensee's facilities enter and leave Licensoe's property and right-of-way. If installation takes
longer than contracted for with Scheduling Agent, Licensee will, upon receipt of an invoice from Scheduling; Agent
specifying in reasonable detail Scheduling Agent's costs and expenses of providing the inspection, flagging and
mobilization, reimburse Scheduling Agent for all of Scheduling Agent's costs and expenses of providing an inspector,
flagger and mobilization.
Once Licensee has submitted its scheduling request to Scheduling Agent, should Licensee require a change to the
scheduled date, Licensee shall provide Scheduling Agent at least two (2) Business Days' notice prior to the requested start
date of die work. If Licensee fails to provide two (2) Business Days' notice of the change, Licensee shall be charged, and
agrees to pay, the daily rate, and any travel costs actually incurred, for the construction observer, flagging and mobilization for
one (1) day.
8. Licensee agrees to pay to Licensor for the use of Licenser's right-of-way and the privilege hereby granted
such use and privilege being expressly limited to the facilities described in Section 1 above, the one-time sum of NINE
THOUSAND THREE HUNDRED SEVENTY FIVE AND NO1100 DOLLARS ($9,375.00), due, upon execution. of this
Agreement.
9. The term of this Agreement shall be for a period of 10 years, beginning on the date first written above, and
will automatically renew at the end of the initial 10-year term for additional 1 year periods until cancelled by either party upon
30 days advance notice. Notwithstanding the above, either party may terminate this Agreement at any time upon 30 days
written notice.
10. Environmental Protection: Licensee shall not permit hazardous waste, hazardous substances or hazardous
materials (as those terms are defined in any federal, state or local law, rule, regulation or ordinance) on or in the area covered
by this Agreement without the written consent of Licensor.
Licensee shall at all times keep the area covered by this Agreement in a safe, clean and sanitary condition, and shall
not mutilate, damage, misuse, alter or permit waste therein. Should any discharge, leakage, spillage or emission of any
hazardous waste, hazardous substance or hazardous material or pollution of any kind occur upon, in, into, under or from the
area covered by this Agreement due to Licensee's use and occupancy thereof, Licensee, at its sole cost and expense, shall
clean all property affected thereby, to the satisfaction of Licensor and any governmental body having jurisdiction there over.
Licensee shall comply with all applicable ordurances, rules, regulations, requirements and laws whatsoever
including (by way of illustration only and not by way of limitation) any governmental authority or court controlling
enviromnental standards and conditions on the premises and shall ftunislr satisfactory evidence of such compliance upon
request by Licensor.
11. So long as this Agreement is in effect Licensee agrees to maintain comprehensive general liability and
- Page 3of4-
ILL Reference No. 12-1576
contractual liability insurance with minimum limits of two million dollars ($2,000,000.00) per occurrence, four million
dollars ($4,000,000.00) aggregate. Licensee shall provide automobile liability coverage in the amount of one million
dollars ($1,000,000.00) combined single limit. In addition, Licensee shall provide or require minimum statutory worker's
compensation coverage for all covered employees who are on Licensors property. Licensee must also provide a Railroad
Protective Liability .Insurance policy naming the Licensor as the Named Insured with coverage limits of at least two
million dollars ($2,000,000.00) per occurrence and six million dollars ($6,000,000.00) aggregate. The original Railroad
Protective Liability policy shall be promptly furnished to Licensor. Each policy must be issued by financially reputable
insurers licensed to do business i❑ all jurisdictions where work is performed during the term of the Agreement. A
certificate of insurance will be provided to Licensor by Licensee, reasonably satisfactory to Licensor in form and content,
evidencing that all required coverage is in force and have been endorsed to provide that no policy will be canceled or
materially altered without first giving the Licensor thirty (30) day's prior written notice. Commercial general liability
policy will name Licensor as an additional insured and, to the fullest extent allowed under law, will contain a waiver of
subrogation in favor of Licensor. All policies will be primary to any insurance or self-insurance the Licensor may
maintain for acts or omissions of Licensee or anyone for whom Licensee is responsible. Any deductible or self -insured
retention on the required insurance shall be the responsibility of Licensee. Licensee will include copies of relevant
endorsements or policy provisions with the required certificate of insurance. Nothing contained in this Section limits
Licensee liability to the Licensor to the limits of insurance certified or carried by Licensee. If Licensee utilizes
subcontractors in performance of this Agreement, the subcontractors must meet the insurance requirements as the
Licensee. Licensee is self -insured. If a subcontractor does not meet the coverage requirements of this Section,
subcontractor must either supplement the deficient areas of coverage or Licensee must certify that Licensee has acquired
sufficient coverage to supplement the deficiency of subcontractor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their
authorized representatives as of the date first above written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
Srikamth Honnur, P.E.
Title: Track and Bridge Construction Director
Date: �. ..%_.(. .
THE CITY OF BEAUMONT, TX
M
Title:
Date:
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