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HomeMy WebLinkAboutC2019-237 - 5/3/2019 - NA MONITORING WELL PERMIT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi (hereinafter the"City"), acting by and through its duly authorized City Manager, or designee, for and in consideration of the sum of Twelve hundred and eighty dollars ($1,280.00) to be paid in hand by Flint Hills Resources, LC ("FHR") (hereinafter the"Permittee") of 4111 E 37th St N., Wichita, KS 67220, does grant, upon the conditions hereinafter stated, unto said Permittee, a monitoring well permit for the right to install, operate, maintain and remove a total of five(5) monitoring wells; which includes two(2) monitoring wells approximately two(2 )inches in diameter, up to twenty (20)feet in depth, with a two (2) feet by two (2)feet concrete pad and a four (4) inch by four (4) inch by three (3) feet high above ground steel protective locking cover, and three (3) monitoring wells approximately two (2) inch diameter, up to twenty-five (25) feet in depth, with a two (2) feet by two (2) feet concrete pad and a ten (10) inch diameter sealed metal manhole cover flush with relative ground surface elevation, for approximately a 60 month period, to be located within the area of City property shown on the attached Exhibit A, said area outlined in black and to be referred to herein as the "Premises" or the "property". The location of the monitoring well is identified on Exhibit A. The dimensions of the monitoring well are identified on Exhibit B. If additional monitoring wells are determined to be necessary, Permittee will propose locations and obtain City approvals as set out in this Monitoring Well Permit Agreement(hereinafter"Permit"). For purposes of this Permit, "monitoring well" shall have the meaning as ascribed in Chapter 1901 of the Texas Occupations Code: "an artificial excavation that is constructed to measure or monitor the quantity or movement of substances below the surface of the ground and that is not used in conjunction with the production of oil, gas, or other minerals." This Permit fulfills the requirements to obtain a Monitoring Well Permit on a City standard form in Paragraph 15 of the Access Agreement between the City and the Permittee, executed April 25, 2018 and March 27, 2018 respectively. TO HAVE AND TO HOLD the same unto Permittee, its successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described right-of-way for the purpose of constructing operating, maintaining and removing of said monitoring well, and it is further understood that the foregoing monitoring well permit is granted upon the following conditions: A.This Permit 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"). C2019-237 Page 1 of 9 5/03/19 Flint Hills Resources SCANNED B.PERMITTEE,ITS OFFICERS, MEMBERS, PARTNERS,EMPLOYEES,AGENTS, AND LICENSEES (HEREINAFTER CALLED "PERMITTEE") SHALL FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("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 IS IN ANY MANNER CONNECTED WITH THE PERFORMANCE OF THIS PERMIT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM RELATING TO PERFORMANCE OF THIS PERMIT. PERMITTEE SHALL, AT ITS OWN EXPENSE, INVESTIGATE ALL OF SAID CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS,RELATING TO PERFORMANCE OF THIS PERMIT INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A)ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE WHICH IS ATTRIBUTABLE TO PERMITTEE ACTIVITIES UNDER THIS PERMIT. THE FEES FOR WHICH THE PERMITTEE SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY(I)ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS,(III) ENGINEERS,(IV)SURVEYORS,AND(V) EXPERT WITNESSES. (B)ANY COSTS INCURRED ATTRIBUTABLE TO(I)THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY PERMITTEE IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN BY PERMITTEE OR PERMITTEE'S CONTRACTOR OR AGENT WITH RESPECT TO ANY HAZARDOUS SUBSTANCE THAT ARE FOUND TO BE LOCATED ON THE PROPERTY AS A RESULT OF PERMITTEE'S ACTIVITIES ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. Page 2 of 9 THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE PERMIT. C. Permittee must have and maintain commercial general liability insurance pertaining to the Permit and the activities authorized by this Permit, in the minimum amounts set forth in the attached and incorporated Exhibit C. The insurance policies must name the City as an additional insured. The insurance policies may not be canceled, renewed, or materially changed without 30 days advance written notice to the City Risk Manager. The Permittee, or a representative or contractor of the Permittee, may not perform any work authorized by this permit until the Permittee has presented evidence of the insurance coverage specified in Exhibit C sufficient to satisfy the City's Risk Manager. Upon request of the City's Risk Manager, the Permittee shall provide copies of all insurance policies to the Risk Manager. D. Except as otherwise provided herein, all work proposed will comply with the Texas Commission on Environmental Quality (TCEQ), Texas Department of Licensing and Regulations, and the Texas Water Well Drillers Advisory Council rules, regulations, and requirements for the installation, monitoring, and removal of monitoring wells. E. Reporting Requirements: (a) Permittee shall promptly supply City with copies of notices, reports, correspondence, and submissions relating to wells installed pursuant to this permit at the City of Corpus Christi Cefe Valenzuela Landfill and also relating to the closure of the monitoring well, which are made by Permittee to the Environmental Protection Agency, the Texas Commission on Environmental Quality, the United States Occupational Safety and Health Administration, or any other local, state or federal authority that requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to the Texas Water Quality Control Act, Water Code Sections 26.001 et seq., the Resource Conservation and Recovery Act, Title 42 of the United States Code, Sections 6901 et seq., and the Comprehensive Environmental Response Compensation and Liability Act, Title 42 of the United States Code, Sections 9601 et seq., and all applicable regulations. Permittee shall also supply City with written confirmation of any notices or reports regarding releases of hazardous wastes or substances relating to Flint Hills Resources, LC that Permittee makes orally or by telephone to any such governmental agency regarding the work under this Permit. (b) Permittee shall promptly notify City in advance of any scheduled meeting between Permittee and any of the agencies specified in subparagraph(a). All Notices or other communications required or permitted by this Permit will be sufficiently given if in writing and mailed by registered or certified mail, return receipt requested, to the following addresses. Notice by email will be sufficient only upon confirmation of receipt. Page 3 of 9 TO THE COMPANY AS FOLLOWS: City of Corpus Christi Attn: Petroleum Superintendent P. O. Box 9277 Corpus Christi, Texas 78469-9277 TO THE PERMITTEE AS FOLLOWS: Flint Hills Resources, LC Attn: 4111 E 37th St N Wichita, KS 67220 or other address(es) as hereafter furnished, as provided in this Article. Notices shall be effective upon receipt at the designated address(es). F. At the time of removal, the Permittee is required to backfill the monitoring well. At a minimum, the Permittee will comply with the technical requirements of 16 TAC 76.104. If the well falls inside existing asphalt pavement, the top 10-feet will be filled with 3000 psi concrete and remaining depth with bentonite. The City may elect, however, to fill the top 2-3 feet with soil, the next 10-feet with 3000 psi concrete and any remaining depth with bentonite. The alternate elective applies primarily to those monitor wells which fall inside existing asphalt pavement G. All applicable Federal, State, County, and City laws and ordinances shall be complied with and all necessary permits shall be secured from the appropriate agencies prior to obtaining this permit. H. No public street, or any portion thereof, shall be closed or barricaded to use by the public for the purpose of installing, repairing or maintaining the monitoring well until after the Permittee or its contractor has filed with this office an approved traffic control plan from the City Traffic Engineering Office. I.The City Assistant Director of Gas Operations, Corpus Christi Fire Department, AEP (American Electric Power), AT&T (American Telephone & Telegraph, formerly Southwestern Bell Company), Time Warner, and Grande Communications and any other companies that may be affected by the monitoring wells, must be notified 48- hours prior to construction. The Texas 811 or the Lone Star 811 Notification Center must be notified by calling 8-1-1 or 1-800-545-6005 at least 48 hours prior to construction for existing utility locations. J. Construction plans and specifications for all work proposed under this Permit will be submitted to the Department of Development Services and City Director of Gas Operations for approval prior to beginning construction. The plans must show the depth and location of the proposed construction of the monitoring well and distance Page 4 of 9 from the existing water, storm,wastewater, and gas lines. The City will use best efforts to provide Permittee with an approval or rejection of the submitted plans within fourteen (14) calendar days. K. Permittee shall restore the surface following installation of the subject well to as near the condition existing at the time of the granting of this Permit as reasonably practicable and shall replace or rebuild to the reasonable satisfaction of Grantor, any and all damaged surface and sub-surface installations, construction or facilities, including without limitation, sidewalks, curb and gutter, driveway, street, sanitary sewer, storm sewer, drainage facility, underground lines, wires or pipes owned by the City of Corpus Christi or holders of any franchise from the City, resulting from or caused by reason of construction, operation, maintenance and/or removal of said monitoring well. L. Prior to and during the installation of the subject well, a City Inspector may request a utility line to be exposed to verify its depth and/or location. All backfill and repairs of any kind will be made according to City standards and/or City Inspector's request. All work and repairs will be at Permittee's or its contractor's expense. M. If a City Inspector is required at the job site, the Permittee shall pay a daily rate of $310.35 for each day spent inspecting construction, maintenance, repair, replacement, relocation or removal of the monitoring wells pursuant to the monitoring well permit. Any time in excess of eight hours per day and any time on Saturday, Sunday or Holidays shall be calculated at a daily rate of$58.18 per hour. These funds shall be paid to the appropriate City department within the City of Corpus Christi. These amounts will be adjusted annually on October 1 to reflect any pay increase. N. Should damage occur to a utility line as a result of Permittee's activities covered by this Permit so that sand or soil enters service lines causing problems and/or damage to plumbing in private structures, Permittee shall have sole responsibility for resolution with individual owners, including all costs associated with resolution. O. No equipment or material may be stored or left overnight in City right-of-way. P. The Permittee and/or its Contractor will not clean equipment or material on site, except as required to manage investigation derived waste or demobilize equipment from the premises. All cleaning activities shall be conducted in accordance with industry best practices and in compliance with all applicable laws Q. Monitoring well will not protrude above the existing natural ground elevation, and a sealed covering will be provided to prevent surface water from entering into said monitoring wells. R. Permittee shall adjust or relocate the above described monitoring well at its own expense, if necessary for the present or future construction of any public utilities or change in street grade or pattern on the streets or for any other reason of the City stated in writing to Permittee. The parties acknowledge that any modification, Page 5 of 9 plugging, or movement of the well will require regulatory authorization (i.e., Railroad Commission of Texas) and will thus be subject to the time constraints associated therewith. S. The construction of the monitoring well hereby granted shall in no way interfere with the construction or operation by the City or any of its franchisees of any existing or future proposed sidewalks, utility lines, or other uses, or the maintenance thereof. If City (or any company with existing utilities located in said right-of-way) needs access to the right-of-way containing the monitoring well, Permittee shall be responsible for either repairing the monitoring well or removing the monitoring well at which time this Monitoring Well Permit shall terminate immediately. T. The rights of construction conferred herein shall not be assigned by Permittee without the prior written consent of the City of Corpus Christi. U. This Permit expires 60 months from the date of issuance. Upon completion of the investigation and assessment referenced in the Access Agreement, the monitoring wells will be removed in accordance with the then current requirements of the City of Corpus Christi and the Texas Commission on Environmental Quality, Texas Department of Licensing and Regulation, or their respective successor agency in Austin, Texas. Provided, however,that if at the end of said 60-month period,the state agency involved with the remediation requires additional monitoring of the well, then the City shall grant to Permittee an additional 12-month period in which to perform the work under this permit provided Permittee pays an additional $100.00 ($100/per yr.) to the City for the 12-month extension. The Permittee shall notify the City's Department of Development Services, ATTN.: Land Development Engineer, and the City Petroleum Superintendent at least five business days prior to removal of said monitoring well. V. Written notice shall be directed as provided in Section E(b) above.: W. Permittee shall be liable for and obligated to clean up and remediate any contamination to City property found to originate from Permittee's monitoring well installation under this permit. If the contamination is found to originate from Permittee's monitoring well installation activities under this permit, all liability and obligation shall be borne by Permittee until such time that Permittee remediates the contamination to Texas Railroad Commission of Texas requirements. Permittee shall keep the City apprised of testing and any remediation activities that are the result of the monitoring well activities under this Permit including any notices or verifications of completion. As necessary, Permitee will do analytical characterization within the Premises to compare any determined groundwater plume within the Premises to the Cefe Valenzuela Landfill background. Permittee has contracted with a third party to install the wells which are the subject of this permit and will contract with third parties to perform remediation if remediation is determined to be necessary and collect the samples which are to be provided to a NELAC-certified lab for analysis to determine the extent and potentially the source of contamination. Page 6 of 9 Permittee shall share results of the third-party testing with the City and shall provide City with prior notification of schedule for sample collection. X. Permittee shall reimburse City for reasonable and verifiable costs incurred by City for necessary restoration or remediation work performed by City for repairs to the permitted area or appurtenant City property that (1) has been damaged by the installation, operation, or maintenance of the monitoring well, and (2) has not otherwise already been repaired or restored pursuant to section K(supra). Y. City's authorization to Permittee does not in any way impair or relinquish City's right to use such property for City purposes. Z. Permittee understands that third-party utility and third-party pipelines owned by others may exist at the City property. Permittee shall provide adequate notice of the work to such third parties potentially impacted by the work to be performed. Page 7 of 9 The City of Corpus Christi shall cause this Permit to become effective upon date of execution by the City Manager, as indicated below. Acceptance The above Permit is hereby accepted and its terms and conditions agreed this the day of , by on behalf of Flint Hills Resources, LC which company agrees to keep and perform the conditions imposed by said Permit and to be bound by all of the terms of sam . By: /;(4/(--'-_ Name: &2b qct,'✓\ Title: V.p v pP✓` ",t Acknowledgment THE STATE OF TOMS Kaik5as COUNTY OF edg[vI K This i,r)strument was acknowledged before me on TOLL ulA olio ,v3Q14, by ` of Flint Hills Resources, LC , a Texas corporation, on behalf of said corporation. Notary Public, State of Texas r - izia DEBORAH S.LANKARD Notary Public-State of Kansas My Appt.Expires May 11. 2022 Printed Name: f�-P_LY)r I • La . Q� Expiration Date: UO3 (( a`LDa02 Page 8 of 9 ATTEST: LL CITY OF CORPUS CHRI I felae4.44.flr)4424( ,fiil Reb cca Huerta Name: Aril E L tl---ITS EL ti A t4 City Secretary a Title: 11.LTLiZ.t M Gt`rrc h'1J'�N!�.l.vE�... Date: S 3 ( Date: rolA•••e z, Z.Dtq STATE OF TEXAS COUNTY OF NUECES rThis i strument was acknowledged before me on (\(\01) O , ao\y by to • %. \ u . \ -1 m CA At a the City of Corpus Christi, Texas, a Texas Municipal Corporation, on beh-lf of said corporation. Notary Public, St- - . Texad 40N44:-, MARTHAVAZQUEZ Printed Name: V-kfx.Y Ova \ICt Z�Vr•Z- = �� *: My NotaryID#128028579 \,f Expires March 5,2022 Expiration Date: axCl\ 1 2ro�ra-- APPROVED AS TO LEGAL FORM this 3J day of ' f By: tv-eic-1 Lisa Aguilar Assistant City Attorney For the City Attorney Page 9 of 9 Figure 1 Cefe Valenzuela Landfill 2397 County Road 20, Robstown, TX 1 Logend M m I-- © • Cde Vainin,ele LeMfin Mee nl Interest i.. I • 4 ®' r s �q m y r�' m ,.() III LI LI f •L 1 A Exhibit A (page 2 of 2) CITY:(Regd) DN/GROUP:(Regd) DB:(Regd) LD:(Opt) PIC:(Opt) PM:(Regd) TM:(Opt) LYR:(OptON.--;OFF='REP G:\STAFF\EMR\KOCl8SOUTHTEXA.4\Cele VelenanMCAfllF01SITE MAP w PROP MW LOC.dwg LAYOUT:1 SAVED:8242018 12:10 PM ACADVER:21.0S(LMS TECH) PAGESETUP.—PLOTSTYLETABLE:— PLOTTED:8242018 12:12 PM BY:DEHAY,BRIAN N)— w. a WfiJ �. 1 I*) CLEO EXPLANATION CEFE VALENZUELA SITE 44* PROPOSED MONITORING WELL NUECES COUNTY,TEXAS LOCATION DP-1 SOIL BORING SITE MAP WITH PROPOSED SB-1 MONITORING WELL LOCATIONS CITY OF CORPUS CHRISTI SOIL BORING APPROXIMATE LOCATION OF FORMER FIGURE KPL GATHERING PIPELINE 0 MIIM=MMI=1 100 FT. ARCA DIS I 1 Exhibit B (page 1 of 2) Flush-Mounted Manhole (10"diameter) Concrete Pad Ground Surface (2ft by 2ft,4-inches thick) ❖. .❖ Locking Cap 1,4%1 ❖• x ►•:: ,❖ Cement ►❖.•.o❖. .❖. ., 5' ... ..•. o❖. .❖. E ,4,40.% 't. • o❖• '4,.• 2-inch Threaded Flush Joint ;.•.• ;.•.• Cement/Bentonite Grout aPVC Well Casing $•;•;• P.•.• s 0❖. .❖. vie. ••'e' Pelletized Bentonite Le 0 ' -- V ♦ •• wy a?:i .4.7.4 Y:" 20 N ti:'. ,.:. deep ' 1 A:.0...A yYti :ti Wa '' .▪ ��—\ '""`--"'••a' Borehole •;Y:•▪ :•-;•" A f.5: :- •,:;' 10-20 Silica Sand Pack g 2-inch Threaded Flush-Joint • ;,; i- PVC Well Screen 0.020"Slot _v..- —a•: S" •• `ice it :i••;, w•.. Q �.;•�_.•LF: el ,ti,,� End Cap ,4 $g5 . 9 pJ 00 9; . V WATER TABLE g id 5.s TYPICAL FLUSH-MOUNT MONITORING °A WELL CONSTRUCTION DETAILS o8 Et, FIGURE .; `,1ARCADIS I 1A Exhibit B (page 1 of 2) Vented Cap /Hinged Lid T Protective Casing f Key Padlock 2'to 3'Aboveground \1 '' Concrete Pad g (2 ft by 2 ft,4-inches thick) Z x .. Ground Surface It! •..• 1,•..1 •.•••.••.4•••••.. iii •: , •: , a •.• .i. •:a :. .. •:.� • ••.'! •:• 2-inch • Threaded Flush-Joint :❖.i ❖ Cement Bentonite Grout PVC Well Casing 11:4 ::::; P .•:. 10' .•.. •:. :0 0 ❖: ❖:• ••. M..! .❖. Pelletized Bentonite 0 d .`i} CI. K• % ',• 25' ` Borehole deep s 15' :1'• •v:• s.• 10-20 Silica Sand Pack I. •t LL h,'. �. y 0.5 •t? f , g� .. ''• ELL 2-inch Threaded Flush-Joint 'N '1{ F. PVC Well Screen 0.020"Slot y ; ': a;Q +'_ 'Zit S +f ••„ End Cap 'a . ' g "1.!*:I y: •Fa:. Z ev. ..Y a go of �y ^ vU U Et E'3 U_ , TYPICAL ABOVEGROUND MONITORING E WELL CONSTRUCTION DIAGRAM 's 2 _ \/ WATER TABLE Q FIGURE et f 5G ARCADIS I 1 B EXHIBIT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 ERRORS&OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REOUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn:Risk Manager P.O.Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,and volunteers,as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers'compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Environmental Program Soil Assessment at Cefe Landfill Excavation Area 04/26t2018 sw Risk Management ® DATE(M MIDD/YYW) ACORD CERTIFICATE OF LIABILITY INSURANCE 04/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT NAME: Lockton Companies,LLC PHONE 816-960-9426 FAX 444 W 47th Street,Suite 900 (A/C.No.Eat): (A/C,No): Kansas City,MO 64112-1906 EMAIL ADDRESS: , INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B: Flint Hills Resources,LC P.O.Box 2256 INSURER C: Wichita,KS 67201 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:MEC5MB2V REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IVSDADDL WVD SUER PPOLICY NUMBER (MM/DDYD EXP IYYYY) (MM/DD/YYYY)TYPE OF INSURANCE LTR INSD LIMITS A X COMMERCIAL GENERAL LIABILITY MWZY 311921 12/01/2017 12/01/2020 EACH OCCURRENCE I$ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) 1,000,000 MED EXP(Any one person) $ 10,000 X X PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 1,000,000 X POLICY JECT PRO LOC PRODUCTS-COMP/OP AGG $ INCLUDED OTHER: $ A AUTOMOBILE LIABILITY MWTB 311919 12/01/2017 12/01/2020 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO I BODILY INJURY(Per person) $ N/A OWNED SCHEDULED X X BODILY INJURY(Per accident) $ N/A AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) N/A $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION MWC 314306 00 12/01/2018 12/01/2019 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N I A X 500,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Professional Liability MWZZ 311925 12/01/2017 12/01/2020 Each Claim $ 1,000,000 X Aggregate $ 1,000,000 $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE PO Box 9277 Corpus Christi,TX 78469-9277 � � '" Page 1 of 5 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM SECTION II -WHO IS AN INSURED is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy. Coverage for any person or organization qualifying as an additional insured under the terms of this endorsement shall be limited to liability for"bodily injury', "property damage" or"personal and advertising injury" to the extent caused by your negligent acts or omissions in performance of your ongoing operations. However, if the written contract or agreement between you and any such additional insured specifies the coverage and/or Limits of Insurance to be provided under this policy, then those contractual terms are incorporated into this endorsement and will define the scope of coverage and/or Limits of Insurance available to the additional insured under this policy. Notwithstanding the foregoing, the insurance available to any person or organization qualifying as an additional insured under this endorsement will not exceed the lesser of: a. The coverage and/or Limits of Insurance in this policy;or b. The coverage and/or Limits of Insurance required by the contract or agreement between you and the additional insured. The insurance provided by this endorsement applies only if the written contract or agreement is executed prior to an"occurrence". GL 349 036a 1212 MWZY 311921 Koch Industries,Inc. 12/01/2017-12/01/2020 Page 2 of 5 MEC5MB2V IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - COVERED AUTOS LIABILITY COVERAGE, paragraph A.1. Who Is An Insured is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy. Coverage for any person or organization qualifying as an additional insured under the terms of this endorsement shall be limited to liability for"bodily injury"or"property damage"arising from "accidents"arising out of the use of a covered "auto". However, if the written contract or agreement between you and any such additional insured specifies the coverage and/or Limits of Insurance to be provided under this policy, then those contractual terms are incorporated into this endorsement and will define the scope of coverage and/or Limits of Insurance available to the additional insured under this policy. Notwithstanding the foregoing, the insurance available to any person or organization qualifying as an additional insured under this endorsement will not exceed the lesser of: a. The coverage and/or Limits of Insurance in this policy, or b. The coverage and/or Limits of Insurance required by the contract or agreement between you and the additional insured. The insurance provided by this endorsement applies only if the written contract or agreement is executed prior to an"accident". CA 349 023 1215 Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. MWTB 311919 Koch Industries,Inc. 12/01/2017-12/01/2020 Page 3 of 5 MEC5MB2V IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO THE OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Coverages A, B, or C of this Coverage Part, our obligations are limited as follows: a. This insurance is excess over any other insurance, whether primary, excess, contingent or any other basis. b. When explicitly required by written contract this insurance shall be primary unless any other insurance is also primary. If there is other primary insurance we will share by the method described in d. below. However, if such written contract requires this insurance to be primary and noncontributory,the Method of Sharing does not apply. c. Unless required by an "insured contract" or an applicable law or statute this insurance will not cover any"occurrence"if any other insurance covers such"occurrence". d. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. GL 349 050 1215 Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 5 MEC5MB2V WORKERS COMPENSATION AND EMPLOYERS UABILITY INSURANCE POLICY WC 00 0313 POLICY NUMBER: MWC 314306 00 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Wa have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shah not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule AS REQUIRED BY CONTRACT DATE OF ISSUE: 12/1/2018 O 19e3 Nadanal Council on Compensation Insurance. *aIRED COPY Page 5 of 5 MEC5MB2V