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Home My WebLink AboutC2005-161 - 4/19/2005 - ApprovedUSE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of $ 320.00 paid by the Port of Corpus Christi Authority of Nueces County, Texas, a Texas port authority, ("Owner" or "Permittee"), of 222 Power Street, Corpus Christi, Texas 78401, the receipt of which is acknowledged, hereby grants, upon the conditions hereinafter stated, unto said Permittee, a use privilege for the right to install, operate, repair, replace, and maintain one 1%" HDPE Conduit with fiber optic cable, approximately 80 linear feet across the Nueces Bay Boulevard public right-of-way and approximately 90 linear feet across the Salt Flat Drainage Ouffall, both at an 8-foot depth; here and after known as "Use Privilege Improvements" within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit A. TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right-of-way to maintain the Use Privilege Improvements, and it is further understood that the use privilege is granted subject to Owner's compliance with the following conditions: A. This Use Privilege Agreement ("Agreement") may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee ('City Manager"). B. TO THE EXTENT PERMITTED BY LAW, OWNER. COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY Use Pnvflege Agreement 2005-!61 04/19/05 0:'d026225 Port of C C Page 1 of 8 NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, A'I-rEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS EASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILI'rY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. C. Owner must acquire and maintain commercial general liability insurance pertaining to the Use Privilege Improvements and the activities related to the Use Privilege Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit B. The General Liability policy must name the City as Additional Insured. Upon City Manager's written request, Owner shall provide copies of all insurance policies to the City Attorney. Such policies may not be canceled, renewed, or materially changed without 10 days advance written notice to the City's Director of Development Services, or designee ("Asst. Director of Development Services"). D. Owner's use of the Use Privilege Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of any existing or future proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently located in said rights-of-way) needs access to the rights-of-way, Owner must pay for removing or relocating the Use Privilege Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. E. Owner must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain the Use Privilege Improvements until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. F. Owner must pay to maintain or repair the Use Privilege Improvements at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Permittee. Failure to do so terminates this Use Privilege Agreement immediately. G. Owner must comply with all applicable Federal, State, and local Laws and regulations, as may be amended. H. Owner must not assign this Agreement without City's prior written consent. Owner must submit a set of construction drawings with survey controls to the Director of Development Services for all work proposed for the Improvements located Use Privilege Agreement Page 2 of 8 Port of Corpus Chdsti Authority within the City of Corpus Christi and its extraterritorial jurisdiction, one month prior to the start of construction. The plans will tie the centedine of the proposed Improvements to the centerline of the Use Privilege Improvement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Owner must provide the Director of Development Services with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within all affected City right-of-way crossings. The Owner is advised that centedine of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below, Water - 24" TimeWarner - 24" Wastewater - 24" SBC - 24" Gas - 24" AEP - 24" Storm water - 24" Expedius - 24" KMC 24" ICG 24" Grande - 24" Caprock 24" or, as specified in the Ordinance provisions authorizing this Use Privilege Agreement. Owner must install, replace, repair, and maintain the Improvements so that no portion of the conduit will be any shallower than the 8-foot depth from the base of the drainage ditch, as shown on Exhibit "A". The Owner must provide the Director of Development Services Engineer with a 24"x36" size reproducible set of as-built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Owner's Use Privilege Agreement being forfeited by the City. J. Owner at least 48 hours prior to beginning work, must give notice and verify depth and location of all existing City Water, Wastewater, Gas, AEP, SBC, TimeWamer, and Grande Communications lines, as well as Expedius, KMC, CSW, and CAPROCK, communication fiber optic cables. Owner must also call the Texas One Call System (1-800-245-4545), 1-800-DIG-TESS, Lone Star Notification Center (1-800-669-8344), and SBC (1-800-828-5127) for locations of existing utilities at least 48 hours prior to the start of construction. A City Inspector may request a utility line be uncovered to vedfy its depth or location. K. An Engineering Permit will be required, prior to any repair, replacement, or maintenance of the Improvements. Owner must provide protection at all road crossings or ditches, and Grantee must identify the method on the construction plans. L. Owner will place and maintain line markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property and as chose as practical over the 1 ¼-inch H DPE conduit and fiber optic cable. Such line markers must be of permanent type construction bearing Owner's name and emergency telephone number. Use PnvilegeAgreement Page 3 of 8 Pod of C~r~us Christi Authority M. Owner must properly compact backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. N. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). O. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the Use Privilege Improvements pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $56.49 an hour. Permittee must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. P. Owner must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Q. All underground fiber optic installation will be done by directional boring. Wet or slick bore may be approved by the Director if the Owner will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. Street open-cut will be permitted only by the Director of Development Services. R. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Owner at his expense within 30 days after being notified of damage to same. S. Owner must not store or leave any equipment or material in City right-of-way overnight. T. Owner must notifl/Construction Inspection (361-880-3555) 24 hours pdor to starting work, and must have a representative present during backfilling and pavement repairs. U. The Owner must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. Use Pnvilege Agreement Page 4 of 8 Port of Corpus Christi Authority V. If this Agreement terminates for any reason, then Owner shall remove all obstructions and encroachments from the Right-of-way within 60 days of termination. W. Use of the fiber optic cable authorized by this Agreement (the "Fiber Optic Cable") is strictly limited to serving facilities owned by the Permittee. If Permit-tee provides, or permits anyone else (hereinafter called "provider") to provide, service through the Fiber Optic Cable to any facilities within the City owned by anyone, other than Permit-tee, to transport data or communications that originate or terminate within the City, then: Permittee or the provider shall first obtain a franchise from the City, unless: a. the provider is a "certificated telecommunications provider," as defined in Chapter 283, Local Government Code; or b. the provider transmits data or communications which originates or terminates within the City through a certificated telecommunications provider; and c. in either case, all access fees are being paid for access lines under Chapter 283 by the certificated telecommunications provider. X. Permit-tee shall certify on an annual basis that: 1. Permittee is not a certificated telecommunications provider, as defined in Chapter 283 of the Texas Local Government Code. 2. Permittee does not provide telecommunications services to any customers or anyone else within the City of Corpus Christi. Permittee wil~ not allow the Fiber Optic Cable to be used to transport data or communications that originate or terminate within the City of Corpus Christi unless, prior to said use, Permittee or the entity providing the telecommunication service obtains a franchise from the City or a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority from the Public Utility Commission of Texas. 4. All of Permittee's customers, including the customers of Permittee's customers, and all other entities that use the Fiber Optic Cable to transport data or communications that originate or terminate within the City of Corpus Christi: (a) have obtained a franchise from the City and paid all required fees, including franchise fees; or (b) are certificated telecommunications providers that provide telecommunication services to customers within the City of Corpus Christi and have paid all required fees, including the right-of-way fee established by Chapter 283 of the Texas Local Government Code for use of the City's rights- of-way. 5. Permittee has made compliance with this Paragraph X a provision of any contract between Permittee and any entity that provides data or Use Privi~egeAgreemen[ Page 5 of 8 Port of Corpus Christi Authority communications to or receives data or communications from the Fiber Optic Cable within the City of Corpus Christi. Y. In order for the City to determine whether Permittee and its customers and providers are in compliance with the requirements of Paragraph X of this Agreement, Permittee shall provide a list of all of its customers and providers whose data or other communications transmissions are switched or connected to the Fiber Optic Cable within the City. Z. Permittee agrees that if any of Permittee' customers or any providers, including their customers or providers, use the Fiber Optic Cable to transport data or communications that originate or terminate within the City of Corpus Christi, for which (1) the fees required by Chapter 283 of the Texas Local Government Code for use of the City's rights-of-way have not been paid, or (2) a franchise was not obtained and the franchise fees required by the City's charter or ordinance have not been paid, then Permittee shall reimburse the City of Corpus Christi for any lost right-of-way fees or franchise fees. AA. Notwithstanding anything to the contrary contained in Paragraphs W, X, Y, and Z, the Owner may use the Fiber Optic Cable installed under this Agreement to send video surveillance signals from various Pod Industries located within the Port of Corpus Chdsti Inner Harbor Port Related District back the Owner's Security Center for monitoring (the "Permitted Use"). Furthermore, the City agrees that (1) the Permitted Use is not a telecommunications service and does not constitute the transportation or transmission of data or communications for purposes of Paragraphs W, X, Y, and Z, and (2) the Port Industries referred to in the preceding sentence are not customers or providers of the Owner for purposes of Paragraphs W, X, Y, and Z. NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the '~ _~'~ day of ,~£i I ,2005. ' I City Secretary Use Privilege Agreement Pod. of Corpus ChdslJ Authority Page 6 of 8 CITY OF ~ORPUS CHRISTI G,~K. Noe, City Manager ........... ~EC'I~ET A~Y L~~. APPROVED: /~'- day of //Jrt,",'/ , 2005 By: Joseph H~r~e'y, Ass~tant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § ,,~ - This instrument was acknowledged before me on ~'~ %, 2005, by George K. Ncc, City Manager of the City of Corpus Cf~risti~ a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the I~4~- day of ;~,ri I ,2005, by the Executive Director of the Port of Corpus Christi Authority of Nui~cl~s County, Texas, the Permittee herein, and Permittee agrees to keep and perform the conditions imposed by said Agreement and the Permittee is bound by all of the terms of the same. Port of Corpus Christi Authority of Nueces Co Name: John P. LaRue Title: Executive Director Use Privilege Agreement Page 7 of 8 Pod of Corpus Chrisb Authodly THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on~l[.L./~)t31 P-/J , 2005, by John P. LaRue, Executive Director of the Port of Corpus Christi Authority of Nueces County, Texas, a Texas port authority, on behalf ofis~d authority.--% ~ ~- ~' ...... ! Notar~ic, State of Texas '~ ~,,~-~,"~ PEGGY E METFLEN ~' ~/L/,,-.' NeLa~y Public ( '~,~..~.~,/ ~ Comm. Exp. 07 - 09 - 2005 ~, ............. Expiration Date: Use Privilege Agreement Page 8 of 8 Pod o[ Corpus Chds~ Authodb/ CULVERT CROSSING PLAN EXISTING Cll~ R.o.w. NUECES AS REQUIRED -HDPE CONDUIT GENERAL NOTES 1. FXCAVAII[ tMTH EXTREME CARE W)llfllN EXISTING UTIUTY CORRIDOR. CONTACT UTILITY COMPANIES AND PIPEUNE OWNERS TO IDENllFY EXACT LOCAI~ONS OF LINES PRIOR TO EXCAVATIOR. 2. INSTALL TRACER ~IRE IN ORE HDPE CONDUIT. CULVERT CROSSING DETAIL SCALE NONE EXHIBIT A IJll ll ENGINEERING CORPORA'DON USE JOB No.: ~5~5 ISCALE: AS NOTED IDR:A. SMITH PRIVILEGE AGREEMENT EXHIBIT NUECES BAY BLVD. PCCA FIBER CROSSINGS I DATE: 0'~/26/05 JSHEET '~ OF2 CULVERT CROSSING PLAN CULVERT 90' MIN, -HOPE CONOUIT GENERAL NOTES 1 EXCAVATE ~I~1 EXTREME CARE ~THIN EXISTING UTIUTY CORRIDOR. CONTACT UTIUTY COMPANIES AND PIPELINE O~flERS TO IDENTIFY EXACT LOCATIONS OF LINES PRIOR TO EXCAVATION. 2. INSTALL TRACER ~RE IN ONE HDPE CONDUIT. CULVERT CROSSING DETNL too OI) :~ REF/ 14 PROJECT LOCATION ARGO 'ERMINAL J J UNIT ! ,' ._TRUCK ccPc J!,? C C. PJBiJIC COMPRESS PORI I I iuNmm ~ LOCATION PLAN Illl ll ENGINEERING CORPORAIION USE JOB NO.: 1515 ISCALE:AS NOTED IDR:A. SMITH EXHIBIT A PRIVILEGE AGREEMENT EXHIBIT SALT FLAT DITCH PCCA FIBER CROSSINGS I DATE: O'I /26/05ISHEET 1 OF2 CROS~NG EXISTING GRADE CULVERT CULVERT CROSSING PI.AN ~ 1'=120'-0' GENERAL NOTES 1. EXCAVATE ~ EXTREME CARE '~ITHIN EXISTING UTILITY CORRIDOR. CONTACT U11LITY COMPANIES AND PIPELINE OWNERS TO IDENTIFY EXACT LOCATIONS OF UNES PRIOR TO EXCAVATION. 2. INSTALL TRACER WIRE IN O~NE HDPE CONDUIT. CULVERT CROSSING DETAIL SCALE NONE S~TOO C,D ~ !,C'~ CC' REF LOCATION PLAN ENGINEERING CORPORATION CONSULTING ENGINEERS PROJECT LOCATION :ARCO 'ERMINAL i IJNIT ' i .rRucX ~ ~ ~ c cs~,; i!( c c/ I, PUBIiC CO'MPRES$ I ILiO~F;,3E ill ' UNIT 2 I i -- JLZ ~ INIT 3 USE P JOB NO.: 1515 ISCALE:AS NOTED IDR:A. SMITH EXHIBIT A PRIVILEGE AGREEMENT EXHIBIT SALT FLAT DITCH PCCA FIBER CROSSINGS I DATE: 01/26/05 ISHEET EXHIBIT B INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE Permittee must not commence work under this agreement until all insurance reqmred herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Rtsk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 10-Day Notice of Cancellation and a 30 - day notice of Non-renewal, Material Change or Termination required on all certificates Commercial General Liability including: 2. 3. 4. 5. 6. 7. Cormnercial Form Premises Operations Underground Hazard Products/Completed Operations Hazard Contractual Liability Broad Form Property Damage Independent Contractors AUTOMOBILE LIABILITY~WNED, NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence aggregate $1,000,000 COMBINED SINGLE LIIVHT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH TH~ TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 1I OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are for,yarded to any other interested parties. Use Privilege Agreement The Pon of Corpus Christi. I1. ADDITIONAL REQUIREMENTS Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Workers' compensation coverage must be in mounts sufficient to assure that all workers' compensation obligations incurred byPermittee are promptlymet. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project must be listed under "Description of Operations". At a minimum, a 30-d ay written notice of material change, non-renewal or termination and a 10-day written notice of cancellation is required. If the Certificate of Insurance on its face does not show the existence of the coverage required by items I.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1 .B. (1)-(7) are included or excluded. Use Privilege Agreement The Port of Corpus Christi. ACORD~ Carlisle Insur~ce Ag~cy. Inc Co.us ~risti office 500 N Water, Butte 900 Co~ue C~isti T~ 78471 Phone=361-88%-2775 r~:361-884-3470 CERTIFICATE OF LIABILITY INSURANCE PorTo-1 ONLY AND CONFERS NO RIGHTS UPON 'n.lE CERTIFICATE Port of Co~-Dus C~rlsti Attn: Davl~ golis P O Boxy5%1 Corpus Chrt.tt T~ 78403 COVE~ THE ~S OF ~ Lrs~D BEL~ ~ BEEN ~EO TO ~ I~ ~ ~ F~ ~ ~Y ~O mO~O ~ ~ REQ~, ~ OR ~D~ ~ ~ C~T ~ O~ER ~m ~ ~CT TO ~ ~S ~R~ ~Y ~ I~0 ~ ~Y ~RT~N ~ ~E ~FOR~D ~ THE P~S ~ HERE~ ~ ~ECT TO ~ ~E ~, ~ ~ C~ ~ ~ P~IClES ~RE~ L~S ~O~ ~Y ~ BEEN ~D BY P~ C~S ll/lS/04 iO/O~/OS NAIC # F-4~H O~CURRERCE I 20000000 GENERAJ_ AG~EC~ m 20000000 B1098MAL2837304 ~P~ION~OPERA'igO~ILOC~T~rSlV~LE~I~CLUmONaaDOEn~DOR~aENTI~'~t~.pRo4~4a The City oE Corpus Christi is named as ~n additional insured ~nd provided with a waivsr cE subro~ation in rsEsrsncs to contr,cted Job (installation of ~ibsr-optic ¢~1e which will be crossing u~der 2wo city street easements). CER~F~ATEHOLDER City of Corpus Christi P O Box 9277 Cor~us Christi TX 7B469-9277 ACORD 25 (2001/08) CITYO01 CANCELLATION c~;q TL~ OT ~ ACORD CORPORATION EXHIBIT B IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A stalement on this certificate does not confer righis to the certil=icate holder in lieu of such endorsement(s). It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endomement. A statement on this certificate does not confer rights to the cartJt'icata holder in lieu oi' such endorsement(s). DISCLAIMER The Certificate or Insurance on the reverse side oi' [his form does not constitute a conffact beh~een the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does ii a~rmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001~8) EXHIBIT B Certificate of Coverage This is to certify that the coverages listed below has been provided to the member and is in effect at this time. Notwithstanding any requirements, terms or conditions of any other contract of agreement with respect to wlrich this certificate may be issued or may pertain, the coverage afforded by the Texas Municipal League Intergovernmental Risk Pool (TML-IRP) described herein is subject only to the terms, exclusions and additions of such TML-IRP's coverage contracts and between TML-IRP and its member(s). Coverage is continuous until canceled. TML-IRP Contract Number: 8732 Member: Port of Corpus Christi Authority Arm: Mr. Da'od Solis Manager, Risk Management P.O. Box 1541 Corpus Christi, Texas 78403 Company Affording Coverage: Texas Municipal League Intergovernmental Risk Pool PO Box 149194 Austin, TX 78714-9194 (512)491-2300 or (800) 537-6655 Fax (512) 491-2404 WORKERS' COMPENSATION Limits of Liability : Statutory Effective Date : 1/1/05 Anniversary Date : 1/1/06 DESCRIPTION RE: Evidence of coverage as respects to contracted job (installation of fiber-optic cable which will be crossing under two City street easemen[s). Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-IRP will endeavor to mail 30 days notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TML-IRP. Date Issued: 3/28/05 Author/zed Representative: Certificate Holder: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 EXHIBIT B 06/17/02 EMPLOYERS' LIABILITY This endorsement forms a part of the Declarations to which attached, effective on the inception date of the coverage unless otherwise stated herein, and modifies such coverage as is afforded by the provisions of the coverage shown below: WORKERS' COMPENSATION Entity Name Entity ID Effective Date :Port of Corpus Christi Authority :8732 :3/28/05 While the Fund does not believe that the City or other governmental entity can be held liable for exemplary or punitive damages in a work-related death case and by this endorsement does not waive any defense of governmental immunity to be so asserted; the Fund does agree to defend the Member against such claims and should the highest Court in this state decide that governmental entities such as the employer-member are liable for exemplary or punitive damages in a work-related death case, the Fund will pay all monetary damages the Member shall become legally obligated to pay, but not to exceed: $500,000. TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL EXHIBIT B Certificate of Coverage This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms or conditions of any other contract agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by the Texas Municipal League [P,.P CI'ML--I]I,P) described herein is subject only to the terms, exclusions and additions of TML-IRP's coverage contracts between TML-IRP and its member(s). Coverage is continuous until canceled. TML- IRP Contract Number: 8732 Member Port of Corpus Christi Authority Attn: Mr. David Soils Manager, Risk Management P.O. Box 1541 Corpus Christi, Texas 78403 Company Affording Coverage: Texas Municipal League Intergovernmental Risk Pool PO Box 149194 Austin, Texas 78714-9194 (512) 491-2300 or (800) 537-6655 Fax (512) 491-2404 AUTOMOBILE LIABILITY Limits of Liability Deductible Per Occurrence $10,000,000 Each Occurrence $ 0 Effective Date Anniversary Date AUTO PHYSICAL DAMAGE Limits of Liability Collision Deductible Comprehensive Deductible YEAR MAKE (RE: Evidence of coverage job (installation of fiber- crossing under two City ACV or Agreed Value as indicated $ Effective Date $ Anniversary Date MODEL/TYPE VIN as respects to contracted optic cable which will be street easements). VALUE 10/1/04 10/1/05 LOAN NUMBER Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-I1LP will endeavor to mail 3~0 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TML-IRP. Date Issued: 3/28/05 Authorized Representative: Certificate Holder: City of Corpus Christi P.O. Box 9277 Corpus clmsti, Texas 78469-9277 Loss Payee Yes N~o EXHIBIT B 06/17/02 ADDITIONAL COVERED PARTY - OTHER GOVERNMENTAL ENTITY LIMITED TO ACTIVITIES OF THE FUND MEMBER This endorsement forms a part of the Declarations to which attached, effective on the inception date of the coverage unless other-wise stated herein, and modifies such coverage as is afforded by the provisions of the coverages shown below: GENERAL LIABILITY AUTOMOBILE LIABILITY LAW ENFORCEMENT LIABILITY ERRORS & OMISSIONS LIABILITY Entity Name Entity ID Effective Date :Port of Corpus Christi Authority :8732 :3/28/05 It is agreed that the "Covered Parties" provisions of the coverages listed above are amended to include as a covered party the governmental entity named below, but only with respect to the liability arising out of activities of the Fund Member. Such coverage shall not exceed the limits of coverage as set forth in the Declarations. Governmental Entity: Cit3' of Corpus Christi Address: P.O. Box 9277 City, State & Zip Code: Corpus Christi, Texas 78469-9277 Description ,,Is respects to contracted job (installation of fiber-optic cable which will be crossing under two City street easements). TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL EXHIBIT B EL253 O7/22/O2