HomeMy WebLinkAbout031278 ORD - 10/24/2017 Ordinance authorizing City Manager or designee to execute a
Use Privilege Agreement with Flowserve Corp. / Flowserve US
Inc. ("Permittee") to install a private wastewater collection
system and conveyance system force main. Subject to the
Permittee' compliance with specified conditions.
WHEREAS, Flowserve Corp. / Flowserve US, Inc. ("Permittee"), desires to install,
operate, maintain, and remove a private wastewater collection system and conveyance
system force main ("Wastewater Line") located at the intersection of Bark Street and
Gilliam Street;
WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires
to execute, a one-year term Use Privilege Agreement ("Agreement"). At the end of the
initial term, this Agreement renews automatically, in order to accomplish the purpose
and use intended by the Permittee within the public right-of-way;
WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council
authorizes the City Manager or designee to enter into the Agreement for the benefit of
the City and the Permittee, subject to the Permittee' compliance with the specified
provisions of the Use Privilege Agreement.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a one-year term
Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement
with Flowserve Corp. / Flowserve US Inc. ("Permittee") renews automatically, to allow
the Permittee to install, operate, maintain, and remove a private wastewater sanitary
sewer main ("Wastewater Line") located at the intersection of Bark Street and Gilliam
Street, such Agreement at all times subject to the Permittee' compliance with the
conditions specified in the Agreement. A copy of the Agreement is attached to this
ordinance and being incorporated by reference into this ordinance as if fully set out
herein in their entirety.
SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the
Permittees' compliance with the conditions of the Agreement including, but not limited
to, the provisions specified below:
a. In exchange for the City's authorization for use of the public right-of-way by the
Permittee for the stated purpose, the Permittee agrees to provide the City with a
one-time Use Privilege Agreement fee of$1,989.00.
b. The Permittee' use of the wastewater sanitary sewer main is strictly limited to
serving the Permittee's Flowserve Corp. / Flowserve US Inc. facilities. Permittee
may not provide wastewater service through the wastewater sanitary sewer main
to any facilities other than the facilities specified in this section, nor may
Permittee permit or allow anyone else to provide wastewater service or any other
service through the eight-inch wastewater sanitary sewer main to any facility
whether owned by the Permittee or by another person or entity.
c. All costs incurred to install, operate, maintain, repair, and remove the wastewater
Page 1 of 2
031278
INDEXED
sewer main are the sole responsibility of the Permittee.
That the foregoing or in nce was red f.�,�r, phe, first time and passed to its second
reading on this the )r r -'day of (J f j4 ',/re____,, 2017, by the following vote:
Joe McComb 11...A! Ben Molina
__A,A6,/,_
Rudy Garza ! Lucy Rubio QJIQJYJtT
II
Paulette Guajardo Greg Smith
Michael HunterAL
Carolyn Vaughn 1 )�
I
Debbie Lindsey-Opel ____CL
yz
That th fo4o)ing ordO2* \o-Q-1U
ance wasread for the second time and passed finally on this
the / ay of , 2017, by the following vote:
Joe McComb Ben Molina 1 e
Rudy Garza 4 Lucy Rubio ,
�
Paulette Guajardo IA! Greg Smith
r I _
Michael Hunter
11.c....
Carolyn Vaughn t,,
Debbie Lindsey-Opel --ag-,--
PASSED AND APPROVED on this the 2.(4.- day of 6 A KC&V' X017.
ATTEST:
I�� �c, ,- , , .
Rebecca Huerta J.e cComb
City Secretary fylay•r
Page 2 of 2
, 3 .1. 270
USE PRIVILEGE AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Use Privilege Agreement ("Agreement") is entered into by and between the City of
Corpus Christi ("City"), a Texas home-rule municipal corporation, and Flowserve Corp. /
Flowserve US, Inc. ("Permittee"), a Delaware corporation and property owner of 299
Gilliam Street, Corpus Christi, Texas, whose business address is 5215 N. O'Connor
Boulevard, Suite 2300, Irving Texas, 75039.
In accordance with Article IX, Section 1, of the City's City Charter and in consideration
of a one-time payment of One thousand nine hundred eighty nine dollars ($1,989.00)
paid by Permittee, the receipt of which for the initial year is acknowledged, the City has
granted and conveyed, and by these presents does grant and convey to Permittee, for
the term and upon the conditions stated in this Agreement, a use privilege for the right
to install, operate, maintain, repair, and remove a wastewater force main line. The force
main will be installed under the box culverts on North Clarkwood Road. A gate valve
and air release valve will be installed at each end of the horizontal directional drilling
segment. The lift station will be 6-foot diameter. The total depth of which will be
approximately 11 feet. The lift station will be located at the northwest corner of Gilliam
and Bark Street in front of Flowserve's fabrication shop. The gravity sewer consists.of
four (4) 4-inch building sewers, cleanouts and commercial sewer tap, one for each of
the existing onsite buildings. These sewers will be connected to the existing cleanouts
and will convey the wastewater from each building to the 6-inch sewer located on
Flowserve's property adjacent to Gilliam Drive. The 6-inch sewer is placed at the
minimum grade to convey the wastewater to the new lift station as shown in Exhibits "A"
(Metes and Bounds Field Notes) and "B" (Metes and Bounds Sketch) and "C" (Location
Map). Exhibits "A", "B" and "C" are attached to this Agreement and incorporated into
this Agreement by reference as if fully set out herein in their entirety. The area in which
the use privilege is granted for the location of the Permittee's Wastewater Line is
referred to in this Agreement as the "Use Privilege Area."
TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its
successors, and assigns, together with the right under the conditions specified in this
Agreement, to at any time enter upon the above described Use Privilege Area to install,
operate, maintain, repair, or remove Permittee's Wastewater Line, and being further
understood that the use privilege granted by this Agreement is subject to the
Permittee's compliance at all times with the following conditions, the City and Permittee
agree as follows:
A. This Agreement, and the rights granted under the Agreement, may be
revoked at any time by the City upon providing the Permittee not less than 30
days notice in writing by the City's City Manager or designee. In the event of a
revocation by the City Manager or designee, or earlier termination of this
Agreement by either party, no portion of any payment made under this
Agreement is refundable to the Permittee.
B. This Agreement is for a term of one (1) year from the date executed by the
City. At the end of the initial term, this Agreement renews automatically
unless the Permittee or the City provides written notice of intent not to renew
to the non-terminating party at least 60 days before the end of any annual
term.
C. This Agreement may not be assigned by Permittee without the City
Manager's or designee's prior written consent.
D. The Permittee shall acquire and maintain at all times for the term of this
Agreement insurance coverage pertaining to the Use Privilege Area granted
under this Agreement and the activities authorized by this Agreement. The
types of required insurance coverages must be in the minimum amounts set
forth in the attached Exhibit "D," the substantive content of Exhibit "D" being
incorporated by reference into this Agreement as if fully set out here in its
entirety. The insurance policies must name the City as an additional insured
and may not be canceled, renewed, or materially changed by Permittee
unless at least ten (10) days advance written notice has been provided to the
City. Upon the City Manager's or designee's written request, Permittee shall
provide copies of all requested insurance policies to the City's City Attorney.
E. Should construction be deemed necessary by Permittee in the Use Privilege
Area, construction plans and specifications for all proposed work shall be
submitted in advance by the Permittee to the City's City Engineer for approval
prior to beginning the construction process. The plans must show the depth,
and location of the proposed construction and distance from existing water,
storm water, wastewater, and gas lines. The Permittee shall also comply with
any other laws, rules, regulations, and ordinances applicable to construction
in the City and in the public right-of-way, including obtaining all required
permits.
F. Prior to the start of any approved construction, Permittee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit "D." Additionally,
Permittee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, licensees, and
invitees in the same manner that Permittee has provided indemnification to
the City pursuant to this Agreement.
G. Permittee shall provide all necessary and proper safety devices so as to
prevent injuries or accidents in the Use Privilege Area, in as much as
possible.
H. At least 48 hours prior to beginning any approved construction, Permittee
shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-
669-8344), and any other required agency or authority. Additionally, at least
48 hours prior to beginning any approved construction, Permittee shall give
notice and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
• City Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power(AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verify its depth or
location.
I. Any construction process and use of the Use Privilege Area by Permittee
shall not interfere with the construction, installation, operation, maintenance,
repair, removal or replacement by the City or any of its agents, contractors, or
franchisees of any existing or future proposed sidewalks, utility lines, or other
uses. If the City or any franchisee with utilities currently located in said public
right-of-way needs access to the right-of-way, Permittee shall pay for
removing or relocating the private wastewater line in the Use Privilege Area to
allow access to utility lines for maintenance, repair, removal, or replacement
of the utility lines. The Permittee shall repair the Use Privilege Area to its
original condition or cease to use the Use Privilege Area, at which time this
AGREEMENT terminates immediately.
J. Traffic Engineer requirements pertaining to this Agreement, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Permittee shall file and obtain approval for a traffic control plan with the
City's Traffic Engineer. No closure or barricading of a public right-of-way
or any portion of a public right-of-way may occur before approval of the
traffic control plan and, if applicable, approval of a detour or barricade plan
has been obtained from the City's Traffic Engineer.
2. Should Permittee require a trench, pit, or similar excavation be dug during
approved construction, the Permittee shall file and obtain approval for
barricading said trench, pit, or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City's Traffic
Engineer. [See paragraph "P" of this Agreement for additional
requirements regarding trenches, pits and similar excavations.]
K. If, as determined by the City Manager or designee, damage occurs to any
gas, water, storm water, or wastewater line, Permittee shall allow the City
immediate access to the Use Privilege Area to perform an assessment, make
repairs, or take any other action deemed necessary by the City.
Determination of the extent of damage and repairs necessary to restore the
utility line(s) shall be made by the City Manager or designee. All costs of the
City associated with said damage and repair, including labor and materials,
shall be paid by Permittee within 30 days of the City's invoice.
L. Should construction become necessary near existing water or wastewater
lines, Permittee shall take every precaution not to disturb the soil surrounding
any such lines, including all thrust blocks.
M. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal, or replacement in the
Use Privilege Area. A half-day, being four hours or more of work time by the
City inspector, constitutes a whole working day for purposes of calculation.
Any time in excess of eight hours a day, or on Saturday, Sunday or holidays,
shall be calculated at a daily rate of fifty-eight dollars and eighteen cents
($58.18) per hour. Any assessed inspection fees shall be paid by the
Permittee to the appropriate City department within 30 days of the City's
invoice. These amounts will be adjusted annually each year on August 1 to
reflect any pay increases that may be attributable to the rates charged.
N. The parties acknowledge that the Wastewater Line is not owned by the City.
At any and all times Permittee shall be solely responsible for the repair and
maintenance of the Wastewater Line and Use Privilege Area, including any
costs associated with damage occurring due to natural weather
elements/occurrences or man-made forces. Should damage occur to the
Wastewater Line or Use Privilege Area, regardless of the type of damage,
Permittee shall immediately repair the damage upon notice by the City.
Failure to so repair terminates this Agreement immediately without any further
action needed on the part of the City.
0. Permittee shall repair, or cause to be repaired, any damage to driveways,
culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other
structure, public or private, resulting from or caused by reason of
construction, installation, maintenance, repair, removal, replacement or
operation of the Wastewater Line and Use Privilege Area.
P. If a trench, pit, or other excavation is required during approved construction,
no trenches, pits, or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City's Director of
Development Services and City's Engineer. Bore pits are not allowed open
for a period of longer than 14 calendar days, regardless of location. All
trenches, pits, or other excavations, other than bore pits, shall be backfilled by
the Permittee promptly and in accordance with current City standards and
specifications and as per the City inspector's request. All trenches, pits, and
other excavations, including bore pits, shall be barricaded by the Permittee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
approved by the City's Traffic Engineer. [See paragraph "J.2." for additional
requirements pertaining to trenches, pits, and other excavations.]
Q. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Permittee according to current City
standards and specifications and as required by a City inspector.
R. Use of the Wastewater Line authorized by this Agreement is strictly limited to
providing service to the Flowserve Corp. / Flowserve US, Inc., facilities
located at 299 Gilliam Street, Corpus Christi, Texas, in the Use Privilege
Area. Permittee shall not provide, nor permit anyone else to provide or
receive, service through said Wastewater Line, or at any facilities within the
City other than the building facilities specifically included in this Agreement
without first obtaining a franchise or other required approval from the City.
The Permittee' use of the wastewater sanitary sewer main is strictly limited to
serving the Permittee's Flowserve Corp. / Flowserve US, Inc. facilities.
Permittee may not provide wastewater service through the wastewater
sanitary sewer main to any facilities other than the facilities specified in this
section, nor may Permittee permit or allow anyone else to provide wastewater
service or any other service through the wastewater sanitary sewer main to
any facility whether owned by the Permittee or by another person or entity.
All costs incurred to install, operate, maintain, repair, and remove the
wastewater sewer main are the sole responsibility of the Permittee.
S. INDEMNIFICATION. Intentionally left blank.
T. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this
Agreement binding and enforceable by their signatures.
U. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Permittee: Flowserve Corp. / Flowserve US, Inc.
5215 North O'Connor Blvd.
Suite 2300
Irving, TX 75039
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
V. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created pursuant to this
Agreement are performable in Nueces County, Texas. Venue for all actions
arising from, out of, or related to this Agreement must be brought in Nueces
County, Texas.
W. The Permittee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure
of Interests" form attached to this Agreement as Exhibit "E." Completed
versions of Exhibit "E" by the Permittee form a part of this Agreement and are
incorporated by reference into this Agreement as if set out here in their
entireties.
X. This instrument, including exhibits, constitutes the entire agreement between
the City and the Permittee, and no prior written, oral, or contemporaneous
promises, warranties, or representations shall be binding upon any parties.
This Agreement may only be amended by written instrument signed by
authorized representatives of the City and Permittee and approved as required
by City law.
Y. Any payments due by the Permittee pursuant to this Agreement will be made
from current revenue available to the Permittee.
EXECUTED IN DUPLICATE this day of 20
Flowserve Corp. /Flowserve US Inc. a Delaware corporation
Name (print and sign) and Title Date
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2017, by
, (Title)
Flowserve Corp. / Flowserve US. Inc., on behalf of corporation.
Notary Public's Signature
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary William J. Green, P.E.
Interim Director, Development Services Department
Approved as to legal form: , 2017
Buck Brice
Assistant City Attorney
For the City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2017, by
William J. Green, P.E., as Interim Director, Development Services Department, of the
City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation.
Notary Public's Signature
-LI URBAN
ENGINEERING
Job No.43057.B602
DATE: October 27,2016
REVISED: March 20,2017
Exhibit A
0.183 Acre
Private Sanitary Sewer Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.183 Acre Easement, over and across Bark Street, a 60 Foot Wide public roadway, Wingo
Street, a 60 Foot Wide public roadway, North Clarkwood Road (formerly known as Southern Minerals Road), a
60 Foot Wide public roadway, and a 31 Foot Wide Railroad Easement, all as shown on the Plat of Clarkwood
Tract Subdivision,a map of which is recorded in Volume 19,Pages 96-97,of the Map Records of Nueces County,
Texas; the said 0.183 Acre Easement being more fully described as follows:
Beginning, at a Drill Hole Found, on the North line of the said Bark Street and this Easement, the East line of a
31 Foot Wide Railroad Easement, being the Southwest corner of Lot 10, Block 3, of the said Clarkwood Tract
Subdivision, from Whence, a 5/8 Iron Rod Found, for the Northwest corner of Lot 9, of the said Block 3, bears
North 00°45'22"West,460.00;
Thence, North 89°14'38" East, with the South line of the said Lot 10, and the said North Right-of-Way, 15.00
Feet, to the East corner of this Easement, from Whence, a 5/8 Inch Iron Rod Found, for a Southeast corner and
Point of Curvature of the said Lot 10,bears North 89°14'38" East,212.81 Feet;
Thence, over and across the said Bark Street, the said Wingo Street, the said North Clarkwood Road, with the
boundary of this Tract as follows:
• South 44°14'38" West, 14.14 Feet;
• South 89°14'38" West, 263.81 Feet, to the beginning of a circular curve to the Right, having an arc length
of 44.04 Feet,a radius of 40.00 Feet,and a chord which bears North 59°12'55" West,41.85 Feet;
• With the said circular curve to the Right,44.04 Feet;
• South 89°14'38" West,61.79 Feet;
• South 49°50'54" West,3.28 Feet;
• South 00°45'22" East,364.59 Feet;
• South 50°15'38" West, 10.50 Feet;
• South 89°14'38" West, 41.85 Feet, to the West Right-of-Way of the said North Clarkwood Road, being
the Northeast corner of Lot 1, Block 2, Isensee Subdivsion Unit 2,a map of which is recorded in Volume
52, Page 14, of the said Map Records, the Southeast corner of a Utility Easement described in Document
Number 884704,of the Official Public Records of Nueces County,Texas, for the Southwest corner of this
Tract;
S:\Surveying\43057?8602?OFFICEIMETES AND BOUNDS/FN_43057B602.docx Page I of I
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001
vvww.urbaneng.com
TBPE, Firm # 145 •TBPLS Firm # 10032400
Thence,North 00°45'22" West, with the West Right-of-Way of the said North Clarkwood Road and the East line
of the said Utility Easement, 10.00 Feet, to the Northeast corner of the said Utility Easement, for a corner of this
Tract;
Thence, over and across the said North Clarkwood Road and Wingo Street, with the boundary of this Tract as
follows:
• North 89°14'38" East,38.31 Feet;
• North 50°15'38" East,2.19 Feet;
• North 00°45'22" West,364.55 Feet;
• North 49°50'54" East, 11.59 Feet;
• North 89°14'38" East, 72.15 Feet, to the Southwest line, of the said Block 3, and the beginning of a
circular curve to the Left, having an arc length of 38.91 Feet, a radius of 30.00 Feet, and a chord which
bears South 53°35'49" East,36.24 Feet;
Thence, with the said circular curve to the Left and the said Lot 1, 38.91 Feet, to a Southwest corner of the said
Lot 1;
Thence, North 89°14'38" East, with the South line of the said Lot 1, 258.81 Feet, to the Point of Beginning,
containing 0.183 Acres(7,956 SqFt)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South
Zone 4205,and are based on the North American Datum of 1983(2011) Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original
form, surveyor assumes no responsibility for its accuracy.Also reference accompanying s etch of tract described
herein.
F rF U AN ENGIN I +(;
EgFO •
iyh k/
.........................................AVID CARR;'
James D.Carr, R.P.L.S.
? l990FEss�4` its.41, License No. 6458
'y� SUaol -
S:\Surveyingt43057\8602\OFFICEtMETES AND BOUNDS/FN_43057B602.docx Page 2 of 2
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001
www.urbaneng.com
TBPE, Firm# 145 •TBPLS Firm # 10032400
Railroad Easement
(:11 wide - lol. 19. Pe, 911-971
L14 • Point of ti O
Beginning ^, r
a \ -......',
115 �}Ll ' x:
7 L3
0.183 Acres/ CCA a
7,958 SgFt Bark Street _
160' ROW - Vol. 19. PR. 96-971El•
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GRAPHIC SCALE I A 0 z
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!C F. DNE BEARING DISTANCE d P
t., L7 N 89'1438" E 15.00
of L2 S 44.14'38"W 14.14' Sketch to
(1-3 AcExhibt
lc B
pally
L3 S 89'14'38"W 263.81' •
L4 S 89'14'38"W 61.79' ol -
4 L5 S 49'50'54"W 3.28' W , Fieldnotes, for a 0.183 Acre Easement, over and across Bark
t-, L6 S 00'45'22"E 364.59' 17 = Street, a 60 Foot wide public roadway, Wingo Street, a 60
to L7 5 50'15'38"W 10.50' RS Foot wide public roadway, North Clorkwood Road (formerly
l.8 S 89'14'38`W 41.85' O
Z 0 _ known as Southern Minerals Road), a 60 Foot wide public
L9 N 00'45'22" W 10.00' 1 roadway, and a 31 Foot wide Ralrood Easement, all as shown
L10 N 8914'38' E 38.31' on the Plat of Clarkwood Tract Subdivision, a mop of which
L11 N 50'15'38' E 2.19' F is recorded in Volume 19, Pages 96-97, of the Map Records
L12 N 00'45'22' W 364.55' - of Nueces County, Texas.
L13 N 49'50'54" E 11.59'
L14 N 89'14'38" E 72.15'
L15 N 89'14'38' E 258.81' REVISED: 03/20/17
DATE: 10/27/16
SCALE: 1 =60'
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Exhibit C
Site Map to Accompany
Fieldnotes, for a 0.183 Acre Easement, over and across Bark
C Street, a 60 Foot wide public roadway. Win go Street, a 60
} F. - Foot wide public roodway, North Clarkwood Road (formerly
CZ .-rte - known as Southern Minerals Rood), a 60 Foot wide public
•f i��, I ,,,, �
roadway, and a 31 Foot wide Railroad Easement, all as shown
' on the Plot of Clarkwood Tract Subdivision, a map of which
' is recorded in Volume 19, Pages 96-97, of the Map Records
_ of Nueces County, Texas.
1
o REVISED: 03/20/17
T' .i. DATE: 10/27/16
J08 SCALE: N.T.S.
JOB URBANNO.: 43057.8602
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•
Memorandum of Insurance
MEMORANDUM OF INSURANCE DATE
20-Dec-
2016
This Memorandum is Issued as a matter of information only to authorized viewers for their internal use only
and confers no rights upon any viewer of this Memorandum.This Memorandum does not amend,extend or
alter the.coverage described below.This Memorandum may only.be copied,printed and distributed within an
authorized viewer and may only,be used and viewed by an authorized viewer for Its internal use.Any other
use,duplication or distribution of this Memorandum without the consent of Marsh is prohibited."Authorized .
• viewer"shall mean.an entity or person which is authorized by the Insured named:herein to access this
Memorandum via haps//online.marsh.comJmarshcorinectpubiic/marsh2/public/moRclient=3535878.The•
• information contained herein Is es of the date referred to above.Marsh shall be under no obligation to update
such information.
PRODUCER- • COMPANIES AFFORDING COVERAGE
Marsh USA Inc.
• {"Marsh") co A Travelers Indemnity Of Connecticut
INSURED : . •
•
• coil Travelers Property&Casualty Co:of America
• FLOWSERVE CORPORATION/FLOWSERVE US •
•
INC. ' cocThe Travelers Indemnity Company
5215-N O'Connor Blvd. - coo
Suite 2300,Irvin g cue
Texas 75039
• United States co:e.
COVERAGFs •
THE POLICIES OF INSURANCE LISTED.BELOW HAVE BEEN ISSUED TO THE INSURED.NAMED ABOVE
FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION •
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE
•
ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.:LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF POLICYPOLICY POLICY
• EFFECTIVE EXPIRATION LIMITS
LTR . INSURANCE NUMBER LIMITS IN USD UNLESS RWISE INDICATED
• DATE DATE
A GENERAL HC2E GLSA 01-JAN-2017 01-JAN-2018 GENERAL AGGREGATE USD4,000,000
LIABILITY 93538949 PRonucrs=COM'/OP USD 4,000,000
• AGG
•
PERSONAL AND ADV . USD 2,000,000 .
INJURY
•
EACH OCCURRENCE USD 2,000,000
FIREDAMAGE(ANY USD 1,000,000
ONE FIRE)
MED EXP(ANY ONE - USD 10,000
• PERSON) .•
•
B AUTOMOBILE TC23-CAP- 01-JAN-2017 01-JAN-2018 • CDMBINEDSINGLE USD 2,000,000
LIABILITY 164T5661-TIL- UNIT
17. BODILY INJURY(PER
•
PERSON) •
•
BODILY INJURY(PER ,
ACCIDENT) •
PROPERTY DAMAGE -. ... -
EXCESS LIABILITY . EAACII OCCLRENCE " -
AGGREGATE
GARAGE AUTO ONLY(PER
LIABILITY ACCIDENT)
OTHER THAN AUTO ONLY-
EACH ACCIDENT
•
IJ AGGREGATE I
B WORKERS TC2JUB- .O1-JAN-2017 41-JAN-2018 1111
C coalrE.wsATion, 2241101-3-17 01-JAN-2017 01-_JAN-201.8
EMPLOYERS TRKUB-
WORKERS COMP Statutory
•
LIABILITY 197T711-A-17 wars
THE EL EACII ACCIDENT USD 2,000,000
PROPRIETOR/ EL DISEASE-POLICY USD 2,000,000
•
PARTNERS/ LIMIT
EXECUTIVE EL DISEASE•EACR USD 2,000,000
OFFICERS ARE EMPLOYEE
.Included. .
B EXCESS TWXJ-UB- 01-JAN-2017 01-JAN-2018
WORKERS 256T007-3-17 ELDISEASE•EACH USD$500,000-
COMP/ (OH) • EMPLOYEE•EL BAC!! USD$500,000
EMPLOYERS ACCIDENT
UABIl1TY •
• .
•
IRETAINED uMIrs USD$500,000
•
The Memorandum of Insurance serves solely to:list insurance policies, limits and dates of
coverage. Any modifications here to are not authorized.
MEMORANDUM OF INSURANCE DATE •
20-Dec-2016
• This Memorandum is Issued as a matter of information only to authorized viewers for their
internal use only and confers no rights upon any.viewer of this Memorandum.This
Memorandum does not amend, extend or,alter the coverage described below.This
Memorandum may only be copied, printed and distributed within an authorized viewer and
may only.be used and viewed by an authorized viewer for its internal Lite. Any other use,
duplication or distribution of this Memorandum without the consent of Marsh is prohibited.
"Authorized viewer"shall mean an entity or person which is authorized by the insured
named herein to access this Memorandum via
https://online.marsh.com/marshconrlectpublic/marsh2/public/moi?client=3535878. The
information contained herein-is as of the date referred to above. Marsh shall be under no
Obligation to update such information. .
PRODUCER INSURED -
Marsh USA.Inc. FLOWSERVE CORPORATION I FLOWSERVE US INC.
("Marsh") 5215 N O'Connor Blvd.
Suite 2300,Irving
Texas 75039
United States .
ADDITIONAL INFORMATION '
- THE FOLLOWING APPLIES TO THE COMMERCIAL GENERAL LIABILITY POLICY#FIC2E GLSA
93538949,
ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-COMPLETED OPERATIONS
WI-IO IS AN INSURED(SECTION II)IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED TI•lE
PERSON(S)OR ORGANIZATION(S),AS REQUIRED BY WRITTEN-CONTRACT,BUT ONLY WITH
RESPECT TO LIABILITY FOR"BODILY INJURY"OR"PROPERTY DAMAGE"CAUSED,IN WI IOLE OR
1N PART,BY"YOUR WORK"AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE
OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE
•
•
•
•
. "PRODUCTS-COMPLETED OPERATIONS HAZARD". 1
•
ADDITIONAL INSURED STATUS UNDER THE AUTOMOBILE LIABILITY POLICY#'S TC2J-CAP-
164T566-I-TIL-17..
WHO IS AN INSURED IS AMENDED TO INCLUDE ANY PERSON OR ORGANIZATION WHO IS
REQUIRED.BY WRITTEN CONTRACTOR AGREEMENT BETWEEN YOU AND THAT PERSON OR
ORGANIZATION,THAT IS SIGNED ANDEXECUTED BY YOU BEFORE THE"BODILY INJURY"OR
"PROPERTY DAMAGE"OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD,TO BE
NAMED AS AN ADDITIONAL INSURED IS AN"INSURED"FOR LIABILITY COVERAGE,BUT ONLY •
FOR DAMAGES TO WHICH THIS INSURANCE APPLIES AND ONLY TO THE EXTENT THAT PERSON
OR ORGANIZATION QUALIFIES AS AN"INSURED"UNDER THE WHO IS AN INSURED PROVISION
CONTAINED IN SECTION II.
WAIVER OF SUBROGATION UNDER THE GENERAL LIABILITY POLICY#HC2E GLSA 93538949.
.THE INSURANCE COMPANY(WE)WAIVE.ANY.RIGHT OF RECOVERY WE MAY HAVE AGAINST
ANY PERSON OR ORGANIZATION BECAUSE OF PAYMENTS WE MAKE FOR INJURY OR DAMAGE
ARISING OUT OF YOUR ONGOING OPERATIONS OR"YOUR WORK"DONE UNDER A CONTRACT
• WITH THAT PERSON OR ORGANIZATION AND INCLUDED IN THE"PRODUCTS-COMPLETED
OPERATIONS HAZARD".
WAIVER OF SUBROGATION UNDER THE AUTOMOBILE POLICY TC2J-CAP-16415661-TIL-17
•
THE INSURANCE COMPANY(WE)WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST
• ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED OF YOU BY A WRITTEN CONTRACT .
EXECUTED PRIOR TO ANY"ACCIDENT",PROVIDED THAT THE"ACCIDENT"ARISES OUT OF
OPERATIONS CONTEMPLATED BY SUCH CONTRACT.THE WAIVER APPLIES ONLY TO THE
. PERSON OR ORGANIZATION DESIGNATED IN SUCH CONTRACT.
WAIVER OF SUBROGATION UNDER.THE WORKERS'COMPENSATION POLICY#'S TRKUB-1977711-
A=17(AZ,MA&WI),TC2JUB-224TIO1-3-17(AOS)&TWXJ-UB-256T007-3-17(O1.1).
THE INSURANCE COMPANY(WE)HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM
ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY.WE WILL NOT ENFORCE OUR
RIGHT AGAINST ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY
WRITTEN CONTRACT EXECUTED PRIOR TO Loss TO FURNISH THIS WAIVER.(THIS AGREEMENT
APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT i
•
THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.)
THIS AGREEMENTSHALL NOT OPERATE DIRECTLY OR INDIRECTLY TO BENEFIT ANY ONE NOT
DESIGNATED IN SUCH A WRITTEN CONTRACT.
The Memorandum of Insurance serves solely to list insurance policies, limits and dates of
coverage. Any modifications hereto are not authorized.