Agenda - Council - 05/10/2005 - Laserfiche WebLink

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2. Pipeline License. Upon execution of this Agreement, the City shall forthwith apply for and obtain the Pipeline License. 3. Costs Paid by RTCLLC. The pipeline shaI1 be constructed at RTCLLC's sole cost and expense. RTCLLC, upon execution of this Agreement, shall reimburse the City for the BNSF License cost in the amount of $5,250.00 and $1,500.00 for the use of the premises and flagmen required by the Pipeline construction 4. Agreement as to License Terms. RTCLLC has read and shall comply with all of the conditions contained within the Pipeline License that is used by BNSF to the City up and through final completion and acceptance of the project. The City will be solely responsible for all of the requirements of the Pipeline License after the completion and acceptance of the project. 5. Independent Contractor Status, RTCLLC is to be and shall remain an independent contractor with respect to any and all work performed on the Pipeline pursuant to the Pipeline License. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint venturers or associates between the parties hereto or as constituting RTCLLC as the employee of the City for any purpose or in any manner whatsoever. 6. Indemnification. Any and all claims that arise or may arise against RTCLLC, its agents, servants or employees as a consequence of any act or omission on the part of RTCLLC or its agents, servants, or employees while engaged in the performance of the Pipeline construction shall in no way be the obligation or responsibility of the City. RTCLLC shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of RTCLLC, its agents, servants or employees, in the execution, performance, or failure to adequately perform RTCLLC's obligations pursuant to the Pipeline construction and/or the requirements of the Pipeline License. 7. Insurance Requirement. RTCLLC agrees, that in order to protect itself and the City under the indemnity provisions set forth above, it will at all times until the pipeline construction has been accepted by the City keep in force policies of insurance in the minimum amounts of $1,000,000 per occurrence. RTCLLC shall not commence work on the Pipeline until a Certificate of Insurance covering the insurance required by this Agreement is approved and a Notice to Proceed has been issued by the City's Principal City Engineer. IN WITNESS WHEREOF, the parties have executed this rndemnification Agreement as of the date first stated above. -324-