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HomeMy WebLinkAboutC2017-490 - 10/24/2017 - Approved ` I t.]•� -10:1701-=;284.4 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 2017-490 10/24/17 Ord. 031278 Flowserve Corp. INDEXED 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 r'( day of �h�s� , 20 \) . Flowserve Corp. / Flowserve US Inc. a Delaware corporation tcv1/4'\\Gvf,%,n, \. �1';scr fI`►v1�s� 3� 2I1 Nan'a (print and sign) and Titl S`JJ, Date Cc � ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § Th' instrument w s acknowledged before me on ,1t11ts 5 , 2017, by kty,u/ k/ L lr r , (Title) 5'ier-i i1 (evt�er ��'�LG -r Flowserve Corp. / Flowserve US. Inc., on behalf of corporation. Notary Public' ignature L' > COW O'BRIEN *Cle) * NOTARY PUBLIC STATE OFTIM MY COMI41.EXP.0411812019 lkoc# NOTARY ID 12857059-0 ATTEST: CITY OF CORPUS CHRISTI Ff Willia--Leeed, Ute/ii-h-, By: rxf J. P.E. Ity Secretary Green, Interim Director, Development Services Department Approved as to legal form: , 2017 Nw C ( ie Buck Brice Assistant City Attorney For the City Attorney STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on l.lVQii)` C,}Z , 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 saicorporatio I o.01;;;,�^'w. MONIQUE TAMEZ LERMA ► Not:ry Publ. 's Signature o ID# 1146231-1 ► ' ` ..t �c b Notary Public ► STATE OF TEXAS Ztor ✓ My Comm. Exp. 01.23-2021 P - - - - - - - - - 61/C1 : ' - - Q . O3Z77 2u H76 cc. Jr COMM.JQfJz EC s1AR URBAN ENGINEERING �L1 Irmir� 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°1418" 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°1518" 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%.B602\OFFICE METES AND BOI INDS/FN_43057B602.docx Page I of I (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE, Firm#145 •TBPLS Firm It 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 SciFt)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. 9.f. U AN ENGIN I G �. A FRF0 9J' h I� 5 .. II 1L JAMES DC AV{. . ARR . . A9 6458 � License No. 6458 / James D.Carr, R.P.L.S. e44,.• s..................... 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A li Y AMPt s i.' dpi , , l: m1 qq t vFi �. i .J to= e • , .ij , wV } '� .: � � t .. :i � o 5 r E ZF fa 0 E i , ,��: Memorandum of Insurance DATE MEMORANDUM OF INSURANCE 20-Dec- 2516 This Memorandum Is Issued as a matter of Information only to authorized viewers for their Internal use only and confers no lights 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 Is 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 https://online.marsh.can/marshconnettyubluc/marsh2/publk/moitcilentw3535670.The Information contained herein is as of the date referred to above.Marsh shall be under no obligation to update such Information. PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA Inc, co A Travelers Indemnity Of Connecticut ("Moult") INSURED uB Travelers Pmpedy&Casualty Co.of America FLOWSERVE CORPORATION/FLOWSERVE US INC. me The Travelers Indemnity Company 5215 N O'Connor Blvd. CoD Suite 2300,Irving Co! Texas 75039 United Stales Pa COVERAGES THE POUCIES 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 POLICY POLICY co TYPE OP POLICY UNITS EFFECTIVE EXPIRATION LTR INSURANCE NURSER LIMITS IN USD UNLESS Or1DaWI5eINDICATED DATE DATE A GENERAL HC2E GLSA O1JAN-2017 01-JAN-2018 GENERALAGCPEGATE USD 4,000,000 tenthly 93535999 Hoovers-cOMMr USD 4,000000 AGO PERSONAL AND ADC USD 2,000,000 INNRY EHEC OCCURRENCE USD 2,000,000 ARE OMMCe(ANY USD 1,000,000 ONE NREM REO ESP(ANY(DM USD 10000 PERSON) B AnORIOMLE TC2J-CAP- DI-JAN-2017 01-JAN-2018 camNEosmas USD 2,000,000 LIABILITY 164T5661-TIL- ujBT 17 Badly INJURY(PER . ... PERSONI BODILY INJURY OYER ACC MI) PRoi4RTY DAMAGE EXCESS LIABILITY EACH OCCURENCE AGGREGATE GARAGE AUTO ONLY(PER [Aaiun, ACtIDWf GIBER nuN AVM ONLY EACH ACCIOLa AGGREGATE B *DRIVERS TUTUS- O1-JAN-2017 01-JAN-2019 C COMPENSATION 224T101-3-17 01-JAN-2017 01-JAN-2018 WORKERS COMP $loluloty EMPLOWNS TRKUB- LMITS unnalrY 1971711LA-17 THE EL EACH ACCIDENT USD 2000,090 PROPRIETOR/ EL DISEASE.Iwcv USD2,000,000 MOT PARTNERS/ EXECUTIVE EL DISEASE•EACH USD 2,000,000 EMPLOYEE OFFICERS ARE Included B EXCESS TW%J-UB- 01-1AN-2017 O1-JAN-2018 WORKERS 2561007-3-17 ELDISEAEE-EACH USD S501p000- COMP/ (OH) [AovorEE-EL EAOI USD$500,001 EMPLOYERS Amnon LIABILITY RETAINED LAMS USD SSOO,OOS 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 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 https://online.marsh.corn/marshconnectpubllc/marsh2/public/moi?cliente3535878.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. FLO WSERVE CORPORATION/FLOWSERVE US INC. ("Marsh") 5215 N O'Connor Blvd. Suite 2300,Irving Texas 75039 United States ADDITIONAL In10ENATION THE FOLLOWING APPLIES TO THE COMMERCIAL GENERAL LIABILITY POLICYti IIC2E GLSA 93538949. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS COMPLETED OPERATIONS W110 IS AN INSURED(SECTION II)IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSONS)OR ORGANIZATION(S),AS REQUIRED DY WRITTEN CONFRACr.BUT ONLY WITH RESPECT TO LIABILITY FOR"BODILY INJURY"OR"PROPERTY DAMAGE"CAUSED,IN WHOLE OR IN PART,BY'YOUR WORK"AT THE LOCATION DESIGNATED AND DESCRIBED IN TIM SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "1'RODUC FS-COMPLETED OPERATIONS HAZARD". ADDITIONAL INSURED STATUS UNDER THE AUTOMOBILE LIABILITY POLICY#'S TC2J-CAP- 164T566-I-TILd1. WHO IS AN INSURED IS AMENDED TO INCLUDE ANY PERSON OR ORGANIZATION\VIIO IS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND THAT PERSON OR ORGANIZATION.THAT IS SIGNED AND EXECUTED BY YOU BEFORE HIE"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 POLICYP I IC2E GLSA 9353B949. 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 TIIE"PRODUCTS-COMPLETED OPERATIONS HAZARD". WAIVER OF SUBROGATION UNDER THE AUTOMOBILE POLICY TC2J-CAP-164T5661-TIL-17 THE INSURANCE COMPANY(WE)WAIVE ANY RIGI IT 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 SUCI I CONTRACT.THE WAIVER APPLIES ONLY TO TIIE PERSON OR ORGANIZATION DESIGNATED IN SUCH CONTRACT. WAIVER OF SUBROGATION UNDER THE WORKERS'COMPENSATION POLICYMS TRKUB-197T21I- A-17(AZ,MA&WI).TC2JUD-224T101-3.I](AOS)&TW XJ-UD-256T007-3-17(010. THE INSURANCE COMPANY(WE)HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY TI IIS 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 FURNISII THIS WAIVER.(THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN TIIIS AGREEMENT FROM US.) THIS AGREEMENT SHALL 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-219162 Flowserve Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/06/2017 being filed. City of Corpus Christi Date c nowledged II r2)11 3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntract,and provide a description of the services,goods,or other property to be provided under the contract. 17UP1000 Street use license for Flowserve Corporation Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT la�0�!WN���f�_ I swear,or affirm,underof per' 9 • pen/My p ry,that the above disclosure is true and correct. r.411, _ 04 Signa re o authorized agent of contracting business entity i �7 Of AFFIX NOT105,Y 4a$VE 104021l12 ,ON t Sworn to and subscribe�c?D�Io a me,by the said \_V \'v\P S 1?f t l\\l S ,this the 2Z51h day of \)U h e, , 20 \ 1 ,to certify which,witness my hand and seal of office. G?+hei- •1r Signature of oftc inistering oath Printed name of officer administering oath Title of o 'cer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 ATTEST: CITY OF CORPUS� CHRISTI (� ` deiGG6.0. By: //c,[ _ —',.T• ity Secretary Williaa(J. Green, P.E. Interim Director, Development Services Department Approved as tolegal form: , 2017 Buck Brice Assistant City Attorney For the City Attorney STATE OF TEXAS § § - ------------------COUNTYOFNUECES § This instrument was acknowledged before me onMill —1, 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 sail corporatio �uy MONIQUE TAMEZ LERMA Not ry Publ.. 's Signature ': 1 t.=v� 5 IDS TAMEZ1-1 M/ Notary Public 1 ` I ..a Tlik T:: STATE OF'OAS a #Rj7one_ My Comm.Exp, 01-23.2021 . ©'d ' 03[778 ui KW it. 11 COUNCIL l o —9EC. Ai JFrom: _ J e" .__os r of Corpus kAristi De.;e+,ipment Services; Special Service 2406 Leopard, Suite 0 J Corpus Christi, TX 78408 Doc4 201.71:'52s4-4 T Pages 18 12/14/2017 3:13PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $83.00 Any Provision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Racer Color, Religion? Sex, Handicap? Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW? 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me: and was duly RECORDED in the Official Public Records of Nueces Counts? Texas KARA SANDS yna�_�l3