HomeMy WebLinkAboutC2006-356 - 8/29/2006 - Approved
USE 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 $575.00 paid by Naismith
Engineenng, Inc. . a Texas corporation, ("Operator"), of 4501 Gollihar Road, Corpus
Christi, Texas 78411 the receipt of which is acknowledged, hereby grants, upon the
conditions hereinafter stated, unto said Operator, a use privilege for the right to install,
operate, repair, replace, and maintain a 4-inch PVC pipe for the TCEQ permitted discharge
of treated groundwater from a Leaking Petroleum Storage Tank remediation system,
located at 3030 Martin Luther King Drive, approximately 9-feet within the Nueces Bay
Boulevard to an existing city storm sewer inlet and discharging into the City of Corpus
Christi storm sewer system; 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 Operator, 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 Operator'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. OPERATOR, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND
A8ENTS, ("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,
WDRKERS' 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 NEGLIGENCE OF THE INDEMNITEES
Jse Privilege Agreement
Page 1 of 6
'\aismith Engineering
2006-356
08/29/06
Ord02695Q
Oft ANY OF THEM. OPERATOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL
THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTIONS BASED 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 LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS.
C. Operator 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, Operator shall provide copies of
all insurance policies to the City Attorney. Such policies may not be canceled, renewed, or
materially changed without 30 days advance written notice to the City's Director of
Development Services, or designee ("Asst. Director of Special Services Engineer").
D. Operator'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, Operator 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 Operator must repair
the Use Privilege Improvements to their original condition or remove the Use Privilege
Improvements at which time this Agreement terminates immediately.
E. Operator 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. Operator 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. Operator must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Operator must not assign this Agreement without City's prior written consent.
I. Operator must submit a set of construction drawings to the Asst. Director of
Special Services Engineer for all work proposed for the Improvements located within the
Use Privilege Agreement
Naismith Engineering, Inc.
Page 2 of 6
-
City of Corpus Christi and its extraterritorial jurisdiction, one month prior to the start of
cOflstruction. The plans will tie the centerline 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 Operator must provide the Asst. Director of
Special Services Engineer 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 Operator is advised that centerline
of proposed Improvements must have a minimum centerline to centerline horizontal
distance as shown in the table below
Water - 18"
Wastewater - 18"
Gas - 18"
Storm water - 18"
TimeWarner - 12"
SWS - 12"
AEP (CPL) - 12"
Expedius - 12"
KMC - 12"
ICG - 12"
Grande (ClearSource) -12"
Caprock - 12"
Operator must install, replace, repair, and maintain the Improvements so that no portion of
the pipeline will be any shallower than 12-inches from existing ground or roadway
pavement, as shown on Exhibit "A". The Operator must provide the Asst. Director of
Special Services Engineer with a 24"x 36" size reproducible set of as-built drawings of the
Improvements within 60 days after completion of construction; failure to do so may result in
Operator's Use Privilege Agreement being forfeited by the City.
J. Operator at least 48 hours prior to beginning work, must give notice and verify depth
and location of all existing City Water, Wastewater, Gas, AEP, SSC, TimeWarner, and
Grande Communications lines, as well as Expedius, KMC, CSW, and CAPROCK,
communication fiber optiC cables. Operator must also call the 1-800-DIG- TESS, Lone Star
Notification Center (1-800-669-8344), and SSC (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 verify its depth or location.
K. Operator must properly compact backfill around existing utilities in accordance with
the City of Corpus Christi Standard Specifications, including City Water Distribution System
Standards
L. 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).
Use Privilege Agreement
Naismith Engineering, Inc
Page 3 of 6
M. 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. Operator must pay these
funds to the City of Corpus Chnsti, Water Department. These amounts will be adjusted
annually on August 1 to reflect any pay increase.
N. Operator must take every precaution not to disturb the soil surrounding any existing
water or wastewater line, including all thrust blocks.
O. Damage to driveways, curb & gutters, culverts, head walls and any other structure,
public or private, must be repaired by the Operator at his expense within 30 days after
being notified of damage to same.
P. Operator will be responsible for any damage to the existing storm sewer inlet and all
other existing utilities within the construction areas.
Q. Operator must place a 90 degree connector on the 4-inch RVC pipe leading into the
storm sewer inlet to prevent any discharge from escaping the inlet.
R. Operator must not store or leave any equipment or material in City right-of-way
overnight
S. Operator must notify Street Superintendent (361-857-1940) 24 hours prior to starting
work, and must have a representative present during backfilling and pavement repairs.
T. The Contractor 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.
U. If this Agreement terminates for any reason, then Operator shall remove all
obstructions and encroachments from the right-of-way within 60 days of termination.
NOTE: All references herein to Operator include Operator's contractor(s), agent(s),
and employee(s) if applicable.
Use Privilege Agreement
Naismith Engineering. Inc
Page 4 of 6
....'.. ---.-
IN TESTIMONY W0"~OF, the Ci~f Cor ~ Chri ti h9J; caused these presents
to be executed on this the day of /i -',2006.
ATTEST:
City~
APPROVED:
~ day of ~l-__ ,2006
By: ~;*~istant City Attorney
RPUS CHRISTI
Orb 6 )~~J.. AUI"UK',","~
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- ........--.~fr.mi~ U'2-
THE STATE OF TEXAS S
COUNTY OF NUECES S
This instrument was acknowledged before me on :1t ~r '7 ,2006,
by George K. Noe, City Manager of the City of Corpus C risti, a Texas Municipal
Corporation, on behalf of said corporation. CO"r " . '.. /\. ".
iJU0L.jJ~
Notary Public, State of Texas
Use Privilege Agreement
Naismith Engineering, Inc,
- .-
~ ;l>vPlj
c^' ~~ Connie Parks
! ~ * ~ My Commission Expires
~."~OF~ November 09, 2007
Page 5 of 6
The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the ~day
of ~ , 2006, by Grant A. Jackson of Naismith Engineering, Inc.,
the~ein, and Grantee agrees to keep and perform the conditions imposed by
said Agreement and Naismith Engineering, Inc., is bound by all of the terms of the same.
By:
Name:
Grant A. Jackson
Title:
Vice-President
THE STATE OF TEXAS 9
COUNTY OF NUECES 9
t,
This instrument was acknowledged before me <In ~~ 1J , 2006,
by Grant A. Jackson. Vice President / of alsmlth Englneenng, Inc.,
a Texas corporation, on behalf of said corporation. ./ !
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&' ." '\Ifr' Jalufka Hohle
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Printed Name:
Expiration Date:
Use Privilege Agreement
Naitmith Engineering, Inc
Page 6 of 6
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EXHIBIT B
INSURANCE REQUIREMENTS
I. PEIlMITTEE'S LIABILITY INSURANCE
'\ Permittee must not commence work under this agreement until all insurance required 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"
B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showmg 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 the General Liability policy and a
blanket waiver of subrogation is requHed on all applicable policies.
I TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
I 30 day written notice of cancellation, non-renewal, Bodily Injury and Property Damage
material change or termination and a 10 day written Per occurrence aggregate
notice of cancellation for non-payment of premium is
reqJIired on all certificates
I CommercJal General Liability mcluding: $1,000,000 COMBINED SINGLE LIMIT
I 1 Commercial Form
I 2. Premises - Operatiom
I 3. Underground Hazard
I
i 4. Productsl Completed Operations Hazard
I 5. Contractual Liability
6. Broad Form Property Damage
.., Independent Contractors
'"
AUTOMOBILE LIABILITY--OWNED, NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
I WHICH COMPLIES WITH THE TEXAS WORKERS'
I WORKERS' COMPENSATION COMPENSA nON ACT AND PARAGRAPH II OF
I
I THIS EXHIBIT
!
,
I EMPLOYERS' LIABILITY $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 within 10 days of any accident.
-- '.
II. AItDITIONAL REQUIREMENTS
A PermIttee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texa~ 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 m amounts sufficient to assure that all workers' compensation obligations incurred by
PermIttee are promptly met.
B Certificate of Insurance:
. The City of Corpus Christi must be named as an additional insured on the General liability
coverage and a blanket \vaiver of subrogation is required on all applicable policies.
. If your msurance 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-day written notice of cancellation, material change, non-renewal or
termination and a 10-day written notice of cancellation for non-payment of premium is required.
C If the Certificate of Insurance on its face does not show the existence of the coverage required by
items 1.B (1)-(7), an authorized representative of the insurance company must include a letter
specifically stating whether items 1.8. (1 )-(7) are included or excluded.
EXHIBIT B
-
ACOR&>TU CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
6/21/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TC"OR InsuranCE [l.1anageITie~l ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Jones ~ Bcx ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P,f::'ev TX 7"1 4 (79
INSURERS AFFORDING COVERAGE NAIC#
-- --- - CNA
INSURED : INSURER A
Naismith EngirieE'J inq I r e, -'--~-'---',-
INSURER B
PC Bcx 099 -- '-' -----
INSURER C_
Corp_iS "",hnst --} - 34 E : -------
INSURER 0:
-- INSURER E-
__w__-___._ _
COVERAGES
THE POLICIES OF INSlJRANCE LISTED BEL(JW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMEl'<'T , 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.
INSR ~~ -,----,---_.. -,------- I POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER I LIMITS
;t, , >-,~E""'L L1ABIUT'i TCl206897H 8~ 3 18/2006 13/18/2007 EACH OCCURRENCE $ 1,000,000
X : COMMERCIAL GENERAL LiASI, ,1 v PRE~;SES (Eaoccurencel $ 300,000
. '-:-J CLAIMS MADE [x__ OCCUR MED EXP (Anyone person) $ 10,000
- -- PERSONAL & ADV INJURY $ 1,000,000
- -
- - GENERAL AGGREGATE $ 2,000,000
--
GEN'L AGGREGA TE LIMIT APPliES ,oE R PRODUCTS - COM PlOP AGG $2,000,000
,- -', POliCY fl ~rRT i--I .~oc i '--.~.'8
I 3/18/2007
^ AUTOMOBILE LIABILITY : BUi,2068 97'123: 2006 COMBINED SINGLE LIMIT
h ~X- ,5 "- $ 1,000,000
ANY AUTC (Ee accident)
ALL OWNED AUTOS BODILY INJURY
(Per p&l'lIOn) $
SCHEDULED AJTOS
HlAED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
! --......--- -, -- PROPERlY DAMAGE $
i , I (Per accident)
I 1
: GARAGE UABILlT'i AUTO ONLY - EA ACCIDENT $
~.--~
,i ANY AUTC OTHER THAN EA ACC $
, I AUTO ONLY: AGG $
--- -- 13
A EXCES8/UMBRELLA LIABILITY CU'207670S328 18! 2006 !3/18/2007 EACH OCCURRENCE $ 3,000,000
r=<. '-I
l1:,J OCCUR ] CLAIMS MADE AGGREGATE $ 3,000,000
$
r ')::1 DEDUCTIBLE $
X RETENTION $10,000 , $
i
A WORKERS CllMPENSA TION AND : we 06897827 t: I 3 ! 18/2006 3/18/2007 X I T~~~I~J}fs I IOJ~-
EMPLOYERlIi'UAIlIUTY E,L. EACH ACCIDENT $ 1,000,000
ANY PROPR8'TORIPARTNERlEXECUTIVE
OFFICERlM_ER EXCLUDED? E,L. DISEASE. EA EMPLOYEE $1,000,000
~ pes, de~~~ E,L. DISEASE - POLICY LIMIT $ 1,000,000
S ECIAL P ISIONS belo,", ----;.-. -
A OTHER TC 206897318 I _ 18/2006 3/18/2007
Property Sect .lOT 5
Equipment Floatel
: i
DESCRIPTION OF Git'ERATIONS I LOCA nONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Blanket Additional Insured endorsement with regards to general liability and auto liability and Blanket Waiver of
Subrogation endorsement with regards to general liability, auto liability and workers compensation, both as required
by written contract but limited to the operatlons of the Insured under said contract, and always subject to policy
terms, conditions. and exclusions Professional Liability CNA Insurance 7/1/05 - 7/1/06 AEA254026537 $1,000,000 per
occurrence $2.000.000 aggregate.
City of Corpus Christ 1 is named as additlonal insured.
CERTIFICATDtOLDER CANCELLATION 3 0 Day Notice
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City Christi BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
of ':::orpus WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Attn: Mary Frances Ter ente CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
2406 Leopard St_ Ste. 00 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
Corpus Christi TX 78401' THE INSURER, ITS AGENTS OR REPRESENTATIVES.
EXHIBIT B AUTHORIZED REPRESENTATIVE ~ ;),,~ L--
/2.
---""~ -,
ACORD 25 (2GCl1/08)
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder IS an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
EXHIBIT B
ACORD 25 (2~/O8)