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HomeMy WebLinkAboutC2005-746 - 4/12/2005 - ApprovedI oc#1 2005b25/365 AGREEMENT GRANTING A PIPELINE LICENSE TO TEXAS CRUDE ENERGY, INC. UNDER ARTICLE VII, CHAPTER 49, CITY OF CORPUS CHRISTI CODE OF ORDINANCES, GRANTING THE RIGHT TO USE CERTAIN CITY RIGHTS -OF -WAY AND CITY -OWNED PROPERTY FOR PIPELINES THROUGH SEPTEMBER 30, 2012. WHEREAS, Texas Crude Energy, Inc. ( "Licensee ") has made application to the City of Corpus Christi, Texas ( "City ") for a pipeline license in order to use certain City rights - of -way and City -owned property for pipeline purposes, under Article VII, Chapter 49, City's Code of Ordinances ( "Article VII"); and WHEREAS, the City has determined that Licensee's application meets the requirements of Article VII; NOW, THEREFORE, LICENSEE AND CITY HEREBY AGREE AS FOLLOWS: SECTION 1. Grant of License. The City grants to Licensee a license to operate, alter, inspect, repair, replace with like property, remove, construct, extend, or abandon the Licensee's pipeline within the City rights -of -way and City -owned property as specified and described in Exhibit A, attached to this license and incorporated into it for all purposes. This license is granted under and subject to Article VII, the provisions of which are incorporated in this license and made part of this license for all purposes. The license granted commences on execution of this license by City and Licensee, and expires at midnight on September 30, 2012, unless earlier terminated under the provisions of Article VII. Thereafter, the City Manager may execute licenses that expire in 10 year anniversaries of the date; i.e. September 30, 2022, September 30, 2032, etc. SECTION 2. Definitions contained in Article VII apply to those terms as they are used in this license. SECTION 3. Application Fee. City acknowledges receipt of Licensee's application fee of $250.00. SECTION 4. License Fee. As consideration for the use of City rights -of -way and City - owned property, Licensee shall pay the license fee as set forth in Section 49 -96, City's Code of Ordinances. For the pipe described in Exhibit A, Licensee's initial license fee is calculated as follows: A. Total number of linear feet of pipe in City rights -of -way and City -owned property, with diameter of six inches (6 ") or less: 2,747 L.F. . B. Total number of linear feet of pipe in City rights -of -way and City -owned property, with diameter of greater than six inches (6 "), identified by pipe diameter: -0- . 2005 -746 04/12/05 Ord. 026217 Texas Crude Energy C. Total number of crossings of City rights -of -way occupied by pipe with diameter of six inches (6 ") or less: three (3) . D. Total number of crossings of City rights -of -way occupied by pipe with diameter greater than six inches (6 "), identified by pipe diameter: -0- . Linear foot fee = "A" times $1.50 + "B" times [$1.50 plus $0.10 for each inch, or part of an inch, of pipe with diameter greater than six inches]: $ 4,121.00 . Crossing fee = "C" times $550 + "D" times [$550 plus $10 for each inch, or part of an inch, of pipe with diameter greater than six inches]: $ 1.650.00 . E. Plus CPI adjustments and late fees, if any. (All Urban Consumers, U.S. City Average — All Items) F. Licensee's first payment under this license, in the amount of $ 3,848.00 . (linear foot fee plus crossing fee), has been received by the City before or at the time of execution of this license. SECTION 5. Recordation of License. This license will be recorded by Licensee in the official records of real property of the county in which any of the pipelines that are the subject of this license are located. The Licensee shall pay the recording costs. Licensee shall provide a copy of the recorded instrument to the City. SECTION 6. Indemnification. By its acceptance of this license, Licensee covenants and agrees to fully indemnify and hold harmless the City and the elected officials, employees, officers, directors, volunteers, and representatives of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sub- licensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. This indemnification survives the termination or expiration of this license. SECTION 7. Notices. All notices required or permitted by the terms of this license and Article VII, are deemed sufficient if given by personal delivery, or facsimile, or by prepaid, certified mail and addressed to each party as follows: Notice to City: City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Telephone: 361 880 -3220 Facsimile: 361 880 -3839 Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Telephone: 361 880 -3500 Facsimile: 361 880 -3501 For overnight delivery: 1201 Leopard Street Corpus Christi, Texas 78401 Or to any other addresses as may be designated in writing by the City. Notice to Licensee: Texas Crude Energy, Inc. 2803 Buffalo Speedway Houston, Texas 77098 Or to any other addresses as may be designated in writing by the Licensee. SECTION 8. Applicable law. This license must be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created under this license are performable within the incorporated limits of the City of Corpus Christi, Texas. SECTION 9. Venue. Venue for any cause of action brought under this license shall be the State courts of competent jurisdiction in Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 10. Condemnation. In the event City -owned property or City rights -of -way are taken, in whole or in part, by a governmental authority other than City, all rights created by this license may, at the option of the City, as to the condemned real property, cease on the date title to the land so taken or transferred vests in the condemning authority. Licensee will not have right to any proceeds of the condemnation. Licensee has the right to seek a separate condemnation award. Nothing in this license may be construed to limit City's condemnation authority. SECTION 11. Attorneys Fees. In the event either party brings any action under this license alleging that the other party to this license has defaulted on or breached obligations created by this license, the party who prevails is entitled to recover its reasonable attorneys' fees from the losing party. SECTION 12. Waiver. Failure of either party to require the performance of any term in this license or the waiver by either party of any breach of this license does not prevent subsequent enforcement of this particular term and is not deemed a waiver of any subsequent breach. SECTION 13. Claims reserved. The City does not, by the granting of this license, waive any claims it may have against Licensee for payments related to past occupancy of City rights -of -way or City -owned property by Licensee's pipe, and nothing contained in this license operates as a bar to City's actions, undertaken at City's sole discretion, to seek to recover payment of the claims. SECTION 14. Compliance with other ordinances. Nothing in this license relieves Licensee from full compliance with the City's Pipeline Safety Ordinance provisions, found in Article VII, Chapter 35, City's Code of Ordinances. Nothing in this license may be construed to grant Licensee permission, as required by Section 55 -3 of the City Code, to serve natural gas customers within the City. SECTION 15. Relationship of parties. This license may not be construed to create between City and Licensee the relationship of partnership, joint venture, principal and agent, or any relationship other than that of City and Licensee as established by the provisions of this license and Article VII, nor may it be construed to be for the benefit of any third party other than City and Licensee. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the" day of /�a,� , 2005. ATTE Armando Chapa City Secretary Ok..(22k2 ti BY COUNCIL AUIflU i'-- SECTARY Trt- CITY OF! ORPUS CHRISTI By: .A G' .17/e K. Noe City Manager Approved as to form: Attorn Joseph Harney Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § rg , 2005 This instrument was acknowledged before me on George K. Noe, City Manager of the City of Corpus Chris Corporation, on behalf of said corporation. , 2005, by exas Municipal Notary Public, State of Texas Expiration Date: The above Agreement is accepted this the /I day of 7/9e( , 2005' r o wx sus G by ie. e. We; nee, 'Re es, deo d 46 TP x4 s e,iud ' £s' e/' f f} 1;1(.; � �:z" j agrees to keep and perform the conditions imposed by said License and that he/she is bound by all of the terms of same. By: Title: Rees den / THE STATE OF TEXAS § COUNTY OF NUECES ittheets This instrument was acknowledged before me on �� // , 2005 by i C, Ida; K , of -puc C isti, Toxac, as Piles: d.,1 T of 7 ergs ,pudk ,,a Texas' , on behalf of said dexerA shy Notary Public, State of exas Expiration Date���+ ��fl- r.Pr.%fllll.�1✓,�lr.�11..4 ALICE I. COOPER t5 NOTARY PUBLIC, STATE OF TEXAS 1 a f P MY COMMISSION EXPIRES 7TFOF5�} APRIL 20, 2006 �.P lam.,.. 111. /,.c1JlJ✓,�,/J! Y,/..1 "EXHIBIT A" City Public Right -of -Way (ROW) A license to operate, alter, inspect, repair, replace with like property, remove, construct, extend, or abandon a 6" pipeline that will be constructed and installed across and under Skipper Lane (50 LF), proceed 598 L.F. in a southwesterly direction along the City ROW down the northwest side of Merzbacher Avenue, crossing under Valerie Street and Jester Street, turn left and proceed in a southeasterly direction 437 L.F. in City ROW along the southwest side of Jester Street in Flour Bluff to a point of termination within the Laguna Madre Disposal Plant. City Property A license to operate, alter, inspect, repair, replace with like property, remove, construct, extend, or abandon a 6" pipeline that will be constructed and installed within the Laguna Madre Disposal Plant for approximately 1,662 L.F. ENLARGED ROUTE OF PROPOSED PIPELINE WITHIN CITY LIMITS eg SECTION 57 CITY OF CORPUS CHRISTI r. SECTION 56 NOCK er JESTER STREET VALERIE STREET MERZBACHER AVENUE a SKIPPER STREET 00000 EXISTING GAS LINE PROPO ED PIPEU E EXISTING GAS LINE ci HO SS' 41� JESTER ST. LEGEND ■■PROPOSED 6' PIPELINE w EXISTING OVERHEAD LINES a EXISTING SANITARY SEWER wnr EXISTING FORCE MAIN EXISTING GAS LINE �► EXIS11NG WATER LINE sr EXISTING STORM SEWER 12 8 4 24 +00 EXISTING WATER LINE SS 5S EXISTING SANITARY SEWER 10'PN 10 "FM EXISTING FORCE MAIN 10' MATCH LINE STA. 24 +60 • 0 —4 _ . 1 •. *lr *1 / DAVID M. UNDERBRINK, SR. `fl • 59537 >tio l /CLENS0)•' \-',: \k,ZONAL EG\" /l oft 22 +40 22 +80 23 +20 23 +60 24 +00 24 +40 12 8 4 0 -4 24 +80 EXHIBIT A [Off NAISMITH ENGINEERING, INC. E. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, TEXAS JESTER STREET Won °r DJ GriGsMd AMH DMU "= 7261 1 " =40' 10 -25 -04 7261 —CITY 0 EXISTING GAS LINE PIPELINE !L_PROPOSED 25 +00 EXISTING' GAS LINE 26 +00 r 5• �4f j∎�• lit r1! /! ) + co - H - ,TO-- -- --l— — i I— w Z 11 x 2 F-- 2 4c 5 JESTER ST. • w ss 55 5S _ _ . . SS EXISTING SANITARY SEWER "FM Z = U M, LEGEND ��•- PROPOSED 6" P1PEUNE 1O 1 2 m EXISTING OVERHEAD UNES s EXISTING SANITARY SEWER ORC FORC G MAIN NMI EXISTING FORCE MAIN E EXISTING GAS UNE cl EXISTING WATER LINE EXISTING STORM SEWER I—" 0 + (0 rq I- 12 c) EXISITING GROUND 12 cv co z J co Z J U cc 2 S U Q .; �.i e OF re'vt 4" WS GAS LINE 1 1 INVERT =1 0.50' I I 1 I I I I STA. 2$ +42.47 I �I 0 • . .,�.95,>1 _ 1 . ** • . / !11 s'*. I, DAVID M. UNDERBRINK, SR.� fj % 59537 . +tti�• �' 4 /CENSSV•'" a�rr NI ap ‘1SS4ONAL ' E�G^" /I/ Oaf ca s- tn 3AS LINE = 10.831 • 24 +40 24 +80 25 +20 25 +60 26 +00 26 +40 26 +80 EXHIBIT A !.:ESTER STREET NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING leff CORPUS CHRISTI. IMAS p'• °j �0' DMU 5odc 1 " =40' °'g X0' 72&1 -CRY ` a' u u.aa AMH A ` 7261 NW 10 -25 -04 m, 0 to co r..........,„ -- /,� ��g 1 EXISTING • Its" ..-. PROPOSED GAS LINE ter. 5' PIPELINE EXISTING 7+00 WATER LINE N — •-. -,s -! — ,.— .1 H � JESTER ., — — .; ST. — - — EXISTING SANITARY SEWER - - ss Z - —N. -1 "FM O... ss w < X10 —FM LEGEND 01'•F .10 Q " \ . • . -w --- PROPOSED 6" PIPELINE a EXISTING OVERHEAD LINES EXISTING SANITARY SEWER '°"' 1T U .: 7 EXISTING GD FORCE MAIN �• OO v, Q EXISTING FORCE MAIN I y /N f a EXISTING GAS UNE EXISTING GAS LINE R EXISTING WATER UNE EXI511NG n STORM SEWER 0 co EXISITING GROUND 12 crs csi-fr~ w z J 0 Q 2 - 12 8 8 A 4 &" -vs _ -t -- 4 0 ...,•••17c4,..• .of r�iiXI * % ■ •. *tttl 0 4 DAVID M. UNDERBRINK, SR. / / 59537 ; - -- -- — - - - t o••. ,i t. 1:s `/CENSEn G4 &",� 26 +40 26 +80 27 +20 27 +60 28 +00 28 +40 28 +80 EXHIBIT A JESTER STREET NAISMITH ENGINEERING, INC. iff ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, TEXAS °•0"' OF DJ "' DMtU a 1 " =40' °� MDa 7261 -CITY '""` •� AFAIi "° 7261 n•" 10 -25 -04 (1 3 �— EXISTING�A SANITARY SEWER `\+1�+ „�, . 1�y 'r% �� PROPOSED ID 14 j PIPELINE . m p; 28+00 29 +0( ok LEGEND ••�N� PROPOSED 6" PIPELINE I b - ----- EXISTING OVERHEAD LINES I 1 EN SANITARY SEWER I : - -_ . s$ EXISTING EXISTING FORCE MAIN nrna 8 EXISTING GAS LINE .. EXISTING WATER LINE ��__ �– — EXISTING STORM SEWER n . ___ -- — — I MARZBACKER.AVE. ,. EXISTING GAS LINE 0 ( n EXISTING WATER LINE G q; I1- �4W o / . ( I I 55. SS .S5 I _ — — I G I to I G G EXISTING 1 SANITARY SEWER EXISTING GAS LINE EXISTING FORCE MAIN 12 12 8 8 4 n` s. 4 0 0 -4 -4 26 +40 26 +80 27 +20 27 +60 28 +00 28 +40 28 +80 EXHIBIT A JESTER STREET CROSSING Eff NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CERISTI. TEXAS CrownDJ NV. DMU 1' =40' � .: 7261 -CITY a�`x a ` • AMFi Pnpct "`" 7261 10-25-04 0 5 is I!11� -� I �A'N EXISTING �� GAS LINE I v,: I N o + EXISTING I PROPOSED WATER , J A'� ( �/ �� I 1jl► EXISTING WATER LINE ■ LINE 28 +00 }PIPELINE 2s +oo } H LINE STA. 29 +50 "53( MARZBACKER AVE. . `577" .. EXISTING SANITARY SEWER O I i - 55 .: SS .55 5S . r n G G / G G j EXISTING LEGEND U — Q I N.n( GAS LiNE \s‘ EXISTING -°•��! C W I H : .I PROPOSED 6" PiPEiINE a EXISTING OVERHEAD LINES I E o FORCE MAIN R EXISTING SANITARY SEWER I Ivry EXISTING FORCE MAIN ~ G EXISTING GAS LINE i EXISTING WATER LINE EXISTING STORM Q SEWER ^ 12 12 8 8 4 z • Y' M� Ian' • • 4 0 0 _ 4 —4 27 +20 27 +60 28 +00 28 +40 28 +80 29 +20 29 +60 EXHIBIT A -EitNAISMITH MARZBACKER AVENUE ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, TEXAS °r•�6 °r DJ 4e`' M DMU 1' =40' j N0" 7261 —CITY m '� of v rn.� DA AMH PJ. �'" 7261 °01 10 -25 -04 0 5 6 EXISTING SANITARY SEWEp PROPOSED I PIPELINE I EXISTING I WATER LINE 30 +00 1 Z9 +00 \ J wi F- N W J , Mfr►* ���� , EXISTING '► WATER LINE `rte l�� -, 31+00 'r — ,.� — 1 — L WL „ WL WL — MARZBACKER AVE. — — — - SS ss as ss . . SS ©. • SS LEGEND ' �� c EXISTING GAS LINE • PROPOSED 6” PIPELINE a EXISTING OVERHEAD LINES HD HO EXISTING SANITARY SEWER is EXISTING SANITARY SEWER Intl EXISTING FORCE MAIN s EXISTING GAS UNE +i. EXISTING WATER LINE EXISTING STORM SEWER 3 sr - 12 EXISITING GROUND 12 V 8 8 .......................... . 4 4 6" Ws GAS LINE A 7:240 OF �\ �• * : .,1,-- •.• * fir w 0 0 rDAVID M. UNDERBRINK, SR. / 1 = 59537 a 0 Q� N ai L + CL _F II _ o w 4 .3% . �� 0) CE S ,. .*\..- � u7 -4 h� /o»A1_ N- t// 04 + A�i� a w° a .0 � -4 +� j4e0/.ffizeaceu-tik. IS- 29 +20 29 +60 30 +00 30 +40 30 +80 31+20 31+60 EXHIBIT A VALERIE STREET CROSSING ENGINEERING " ENVIRONMENTAL • • SURVEYING ElNAISMITH ENGINEERING, INC. CORPUS CHRISM. TEXAS 9wn By: D4 ""' °r MAU 1 - =40' °•` N0" 7261 —CD)' p .e Pr- AFAR P"*4 7261 °o" 10 -25 -04 x.... 0 6 7 a LO EXISTING SANITARY SE PROPOSED PIPELINE } 30+00— ER I 'l^ I : �� (!) w E' 1 › I I §I ,. EXISTING WATER LINE i t �4��"�` `� \'� L Nri11.0 a �- - 4 9' �= _ +� �L _I WL_ .w ,,, _WL • MARZBACKER AVE: . 1 WL WL — U I- ss . . 55. s Il SS ss ' G 0 ``': G G HD �" LEGEND EXISTING GAS LIN , • --••••– PROPOSED 6• PIPELINE w EXISTING OVERHEAD UNES EXISTING ts EXISTING SANITARY SEWER SANITARY SEWER urn EXISTING FORCE MAIN = EXISTING GAS LINE R EXISTING WATER LINE r EXISTING STORM SEWER EXISTING WATER LINE EXISITING GROUND 7 12 a + N_____.-I---- in w Z y U Q 2 12 8 4 4 6" WS GAS a.■ \`\ 0 yfty\r et ;r�.Ace • -- re4gsIt ' i *: : *rII / DAVID M. UNDERB RINK, .SR. I �lio ............................in r rtt1 0 I5C9E537 • �= t i • It � SSioivA.L.01--, //�,/ a _ 006-14404,--ii-NA .:te v) . -4 -4 29 +40 29 +80 30 +20 30 +60 31+00 31+40 31+80 EXHIBIT A MARZBACKER AVENUE = NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL — = • SURVEYING ° ... or DJ '"'� DMIJ i• -40' °" 7261 -CITY = CORPUS CHRISTI. TEXAS 0` Pilled ''' "' 7261 0n6` 10- 25 -04 ~ 0 7 0 N- + C 1- u) w z 2 LEGEND -- PROPOSED 6" PIPELINE EXISTING WATER LINE WL — 97--x— — 4. -- MARZBACKER AVE 4 SS . SS G — EXISTING OVERHEAD LINES EXISTING SANITARY SEWER me EXISTING FORCE MAIN EXISTING GAS LINE EXISTING WATER LINE EXISTING STORM SEWER E -�� GAS LINE 12 3 n II u u • 12 MATCH LINE STA. 31 +70 -4 EXISITING GROUND 12 E OF T�\ ,C4't • * 11 * lj *: DAVID M. UNDERBRINK, SR. 59537 i ",c�. �10EN5E0,.•�r� Aft -0) r7 r4) -4 31 +40 31 +80 32 +20 32 +60 33 +00 33 +40 33 +80 EXHIBIT A NAISMITH ENGINEERING, INC. E. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, TEXAS MARZBACKER AVENUE Drum x DJ °°.' A OMU 1 " =40 °`4 N° 7261 -CITY Chnled AMH NO.! "' 72$1 10 -25 -04 w.. 0 Jo IX 63 IY - Ili ..d Y co �'�� EXISTING GAS LINE WATER LINEA���,* J 'I ►���\,� '+' 414\; EXISTING EXISTING SANITARY SEWER WATER LINE !! I EXISTING SANITARY SEWER 32 +0 �' - .....t wt. L - 3411f 0 WL "-1- -' ..■.-I..- .. ._,_. I I , — MARZBACKER AVE ... /- I PROPOSED PIPELINE SS SS ss- � © I II LEGEND — HO _ •• H' . HG HO - -- PROPOSED 6' PIPELINE OVERHEAD EXISTING GAS LINE i a° a EXISTING LINES g EXISTING SANITARY SEWER FORCE +M EXISTING MAIN r EXISTING GAS LINE EXISTING WATER LINE EXISTING STORM SEWER I _ I n 12 12 EXISITING GROUND - \ 8 8 -J'_----^ :- 4 4 p X11\ \\ '• '4"-it- of tt s•'' • c - 1 fA\ p r DAVID M. UNDERBRINK, SR. % 1� i 59537 .: r +tiiPo, . (�cENSE�••C1����f + i_ S+ ' • •...... • �G�� r7... t`; ONAL "— ///2 4 "� w �tO + _.__.._IL... _ ....._..rte. � I N) Lu a. vaato + __..._..II_ .... ....... ... t ELI— N) z a6 3 II —4 _4 F- 32 +20 32 +60 33 +00 33 +40 33 +80 34 +20 38 +60 EXHIBIT A SKIPPER STREET CROSSING MP-- ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, TEXAS °�°"" °� DJ DMU �` 1 " =40 °" MD 7261 —CITY '°•4 ai 9 • o.a AMH ' 7261 10 -25 -04 a_ 0 Willie Medina - ValeroRefini g_.. Pip eline s__ _..4 n Co. Pipeline Revocable easement ins re doc I. EXHIBIT B INSURANCE REQUIREMENTS GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance approved by the City. The Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Grantee must furnish to the City's Risk Manager, a copy of the pollution policy, or proof that the Grantee is self - insured and has annual budgeted reserves to cover the amount of insurance required; as well as two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of non- renewal, material change or termination and a 10 day written notice of cancellation is required on all certificates Bodily Injury and Property Damage Commercial General Liability including: I. Commercial Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $2,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $1,000,000 EXCESS LIABILITY $3,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY / ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long- term environmental impact for disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT or Provide proof that Grantee self - insures and has annual budgeted reserves to cover the amount of insurance required C. In the event of accidents of any kind, the Grantee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Willie Medina ValeroRefining Co, Pipeline Revocable easement ins req doc II. ADDITIONAL REQUIREMENTS A. Grantee 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. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Grantee will be promptly met. B. Certificate of Insurance: C. * 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, "end eavor to ", and deleting the wording after "left ". * The name of the project must be listed under "Description of Operations ". * At a minimua 30 -day written notice of material change, non - renewal or termination4aii4 10 day written notice of cancellation is required. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(9), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(9) are included or excluded. ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER -EnRisk- -Fort Worth 6100 Western Place, Suite 100 Fort Worth TX 76107 Phone:817 -877 -1884 OP ID LS TEXASCI DATE (MMIDQJYYYY) , 04/12/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Texas Crude Energy, Inc. Ms. Jean Parks P.O. Box 122389 Ft. Worth, TX 76121 -2389 INSURER k. Federal Insurance Company INSURER B: Texas Mutual Insurance Co. INSURER C: water Quality Ine. Syndicate INSURER D: INSURER E: v 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 CERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK LTR LTR INSRE INSRE TYPE OF INSURANCE POLICY NUMBER DATE (MM EFFECTIVE POLICY (MMIDDIYY))N LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 35830575 09/01/04 09/01/05 EACH OCCURRENCE $1,000,000 UAAIIAbt IOHtNItU PREMISES( EaDCrxr rce) $ loo 000 , X CLAIMS MADE X OCCUR MED EXP (Any one person) S. 10,000 X See Note 1 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n JECT n LOC PRODUCTS - COMP /OP AGG $ 1,000,000 3—C-1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS EVIDENCED UNDER SEPARATE CERTIFICATE. SEE NOTE 2. COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per sodden)) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A X EXCESS/UMBRELLA LIABILITY 79834351 (SEE NOTE 3) 09/01/04 09/01/05 EACH OCCURRENCE $5,000,000 OCCUR l CLAIMS MADE DEDUCTIBLE RETENTION $10,000 AGGREGATE $ 5,000,000 $ $ $ X B WORKERS EMPLOYERS' ANY OFFICERIMEMBER If yes, SPECIAL COMPENSATION AND LIABILITY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? describe under PROVISIONS below TSF- 0001108594 08/27/04 08/27/05 X TORY LIMITS j r UER E.L. EACH ACCIDENT $1,000,000 $ 1,000 , 000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1, O00 , 000 C OTHER Pollution Liability Claims Made 37309427 09/01/04 09/01/05 Limits: $1,000,000/ $2,000,000 DESCRIPTION Certificate provided contract *See OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Holder included as Additional Insured and Waiver of Subrogation as required by written contract but only to the extent of such and only for operations performed by or for the Named Insured. RE: Webb 1 Flowline, Flour Bluff Field V -1946, Nueces County, TX Note 4 on Cancellation. CERTIFICATE HOLDER CANCELLATION CITYCOR City of Corpus Christi Attn: Mr. Guillermo M. Medina 2406 Leopard Street, Suite 100 Corpus Christi, TX 78408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 (2001108) EXHIBIT B © ACORD CORPORATION 1988 Commercial General Liability including Premises - Operations Explosion & Collapse Hazard Underground Hazard Products /Completed Operations Contractual Liability Broad Form Property Damage (Form 42 -02 -0041) Independent Contractors Personal Injury Separate Certificate issued by agent providing Automobile Liability. Excess /Umbrella Liability covers over General Liability, Automobile Liability and Employers Liability coverages. EXHIBIT B Cancellation shall read as follows: Should any of the above described policies be materially changed or cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder, City of Corpus Christi. ONT14 IV a. Ui EXHIBIT B