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HomeMy WebLinkAboutRES 11-300 RESOLUTION NO. 11-300 WHEREAS, Sunoco Pipeline L.P. approved Encroachment Agreements with the City of Beaumont to provide for the installation of a waterline that will cross a portion of two (2) Sunoco Pipeline L.P. pipeline easements; and, WHEREAS, the City of Beaumont wishes to enter into two (2) Encroachment Agreements with Sunoco Pipeline L.P. to allow the City to install and maintain a water line within a portion of two (2) Sunoco Pipeline L.P. pipeline easements identified as S-116- MPL-105 AND S-225-MPL-108; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to enter into two (2) Encroachment Agreements with Sunoco Pipeline L.P. to allow the City to install and maintain a water line within a portion of two (2) Sunoco Pipeline L.P. pipeline easements. The Encroachment Agreements are substantially in the form attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. p,�� - M6yor Becky Ames - ENCROACHMENT AGREEMENT S'L'ATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT, made as of the day of , 2011, by and between CITY OF BEAUMONT, TEXAS, a body politic and corporate and a political subdivision of the State of Texas, with its principal place of business at 1350 Langham Road, Beaumont, Texas 77707, (hereinafter called the "City"), and SUNOCO PIPELINE L.P., a Texas limited partnership, its successors and assigns, whose mailing address is P.O. Box 5095, Sugar Land,TX 77487-9940(hereinafter called"Sunoco"), WITNESSETH THAT; WHEREAS, Sunoco has acquired an easement to construct, maintain, operate, repair, replace,alter,renew and remove a pipeline and appurtenances thereto,together with other rights in and across certain lands located in Jefferson County,Texas,by virtue of a Rigltt of Way Grant dated November 18,2008,recorded under Document Number 2008039427 of the Deed Records of the County Clerk, Jefferson County, Texas (hereinafter called the "Easement") and also identified as S-I 16-MPL-105,reference to which is here made for all purposes;and WHEREAS,the City was granted a permit by the Texas Department of Transportation (hereinafter called "TXDO'r") to construct a fourteen (14) inch HDPE water line and appurtenances(hereinafter called the"Improvements")within and along the right-of-way for Spur 380,also known as South M.L.King,Jr.Parkway;and WHEREAS,in connection with its interest in said lands,the City has requested Sunoco to consent to the existence,maintenance and encroachment of the Improvements;and WHEREAS, the Improvements and encroachment area aloe generally illustrated on Exhibit"A",attached hereto and incorporated herein; WHEREAS,in order to accommodate The City,Sunoco will not object to the existence, maintenance and encroachment of(lie Improvements over, upon and across the Easement upon terms and conditions as described above and as will more fully hereinafter appear. NOW, THEREFORE, in consideration of the premises and of the mutual advantages accruing or expected to accrue to the parties by virtue of this agreement,the parties,intending to be legally bound,agree that the Easement provides as follows: 1. The City, its agents and contractors shall give Sunoco not less than forty-eight (48) hours notice prior to any proposed construction, installation grading, excavation, maintenance or repair of any improvements over, under or near Sunoco's pipeline and the Easement. Contact Sunoco's Maintenance Supervisor,Foyce Winn at 409 749-3900(office)409 504-6910(cell)or his successor. Construction of the hmprovements must be made in accordance to the construction plans dated June 25,2011 by Schaumburg&Polk.Inc(hereinafter called the "Plans")that have been submitted to Sunoco for review. Said plans show a nine(6)foot vertical clearance from the outside diameter of Sunoco's steel encased pipeline to tine diameter of the hmprovement. The Improvement cannot be installed closer,to Sunoco's pipeline than shown on the proposed construction plans. The improvements may be installed via dry bore provided that a Sunoco inspector is present at the time and also provided that Sunoco's pipeline will not be exposed during excavation. 2. Except as otherwise provided for herein, neither the City nor its agent or contractors shall build any structures on,construct man-made surfaces or place bodies of water upon,plant any trees or shrubs,excavate or locate any utilities within,change the grade of,or use the Easement, or any part thereof, in any way which will or may interfere with Sunoco's Enwoac mmit Agrewuent,City of Beaumont t- File No 11SB-00I S EXHIBIT"A" immediate and/or unimpeded access to Sunoco's pipeline facilities located therein or otherwise interfere with Sunoco's lawful exercise of any of the rights herein granted or confirne d without first having obtained Sunoco's approval in writing. 3. The operation,maintenance and repair of the Improvements and appurtenances by the City shall he done in a manner and under such general conditions as will not interfere with the proper and safe use,operation and enjoyment of Sunoco's pipeline and Easement. 4- The City at all times shall be obligated to promptly maintain,repair and renew the Improvements and, upon notice in writing from Sunoco requiring it to do so, promptly shall perform maintenance or make any such repairs for the purpose of protecting and safe-guarding Sunoco's property, employees,patrons or licensees from damage or injury all at The City's sole cost and expense. 5. The maintenance and/or reconstruction of the Improvements is and shall be subject to the prior rights of Swroco,and exercise of said rights by Sunoco is not and shall not be subject to limitations or prohibitions by virtue of said maintenance and/or reconstruction of any of the improvements and related facilities and appurtenances. 6. Sunoco, in the exercise of any of its rights,shall not be liable in any manner or respect whatsoever for any damages occasioned to any of the Improvements, and The City,its agents and contractors shall and do assume all risk and expense which may be involved in any repair,replacement and/or reconstruction of any improvements which may be required or desired by Sunoco,its agents and contractors. 7. All the terms and provisions of the Easement, except as modified by this Agreement,are hereby ratified and confirmed and shall remain in full force and effect. 8. The City represents and warrants that it is prohibited by Section 52 of the Texas Constitution, as interpreted by Texas appellate courts (See, for example, Brazoria County v. Perry, 537 S.W.2d 89 [Tex.Civ.App.- Hous. -1" Dist. 1976]) and the Texas Attorney-General (See, also, Op. Tex, Att'y Gen. No. DM-467 [1998]; and Tex. Att'y Gen. LO-90-107 [1993]) from giving an indemnity against loss, injury or damage resulting from activities of its contractors on the Project site. 9. The City further represents and warrants that it has purchased a Rolling Owner- Controlled Insurance Plan(ROCIP)through which all enrolled contractors and subcontractors on the Project site will be coveted for certain minimum insurance coverages as shown on Exhibit B attached to this Encroachment Agreement. The City agrees to enroll all contractors and subcontractors performing work on the Improvements at the Project site in the ROCIP. The City agrees to maintain the ROCIP in force for all construction activities at the Project site. Prior to commencement of construction at of in proximity to the Sunoco Easement, The City agrees to furnish Sunoco a certificate of insurance that confirms that the ROCIP coverages are in force, and that Sunoco has been named as an additional insured on such ROCIP policies of insurance. 10. No equipment will be allowed to work over Sunoco's Pipeline(s),unless approved by Sunoco's representative. Excavators must work/dig parallel to SUNOCO'S Pipeline(s), and the buckets must have barred teeth. Any excavation within two feet (2) of SUNOCO'S Pipeline(s) will be done by hand. Bores and directional drills installed within tear feet (101) of SUNOCO'S Pipeline(s)and Facilities require physical verification of Pipeline location(s)prior to commencement of any work. All crossings of SUNOCO'S Pipeline(s) will be constructed as close to ninety(90) degrees as possible to SUNOCO'S Pipeline(s), but not less than forty-five (45) degrees. A minimum of four feet (4') of cover and a maximum of seven feet (T) of cover must be maintained over SUNOCO'S Pipeline(s). 11. Wherever the City will cross Sunoco's Pipeline and/or Easement with heavy equipment,THE CITY will place matting or other suitable material over the Pipclinc/Easenrent as determined by Sunoco's representative in the field. 12. Excavated material will not be placed over Sunoco's Pipeline excepting fill material necessary to provide at least four feet (4') of cover above the Pipeline if there is Encroachment Agreement,City of Beaumont -2- File No IMB-0018 presently insufficient cover over the Pipeline.The City agrees to clean up and repair all damages to Sunoco's Easement resulting from the work on or across the basement. Any and all damage repairs and cleanup of Sunoco's Easement will be subject to Sunoco's reasonable acceptance. 13. Within 120 clays of(lie completion of construction of the crossing of Sunoco's Pipeline(s)/Easement,The City will provide to Sunoco at the above address a reproducible as- built drawing of the crossing,which will include a distance of twenty-five feet(25')on each side of said crossing along Encroachment with the depiction of elevations. 14. In the event that the existence,construction,operation,maintenance,relocation,or removal of the Encroachment causes Sunoco to incur any cost that in any manner relates to Sunoco's operation, maintenance, removal, repair, replacement, protection, construction, alteration,relocation, changing the size of,addition to and/or inspection of the Pipeline,or the cleanup or handling of any spills of petroleum products,The City,its successors or assigns,shall reimburse Sunoco for any and all such costs that would not have been incurred but for the existence of the Encroachment. The City hereby agrees that Sunoco will not be held liable for any damages to the Encroachment arising from Sunoco's operation, maintenance, removal, repair,replacement,protection,construction,alteration,relocation,changing the size of,addition to and/or inspection of the Pipeline. 15. Sunoco and The City agree that the existence of the Encroachment does not constitute a waiver of Sunoco's express rights under the aforesaid Easement and Partial Release Agreement or any other rights which may be implied by law or equity. 16. The terns and conditions of this Agreement will constitute covenants running with the land and will be binding upon and inure to the'benefits of the parties hereto, their successors and assigns. 17. This Agreement shall not be altered,changed or amended except by an instrument in writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year above written. SUNOCO PIPELINE L.P.,a Texas limited partnership By: Sunoco Logistics Partners Operations OP LLC,a Delaware limited liability company, as its general partner By. Todd M.Stamm,Manager Western Pipeline Operations CITY OF BEAUMONT,TEXAS By. Kyle Hayes City Manager,City of Beaumont Enoroadunent Agreome it,City of Beaumont -3- Pile No HSB-0018 STATE OF TEXAS § § COUNTY OF FORT 113END § Before me a Notary Public in and for said county and state,on this_day of 2011, personally appeared'Todd M.Stamm,to me known to be the identical person who subscribed the name of the maker thereof to the foregoing inst utttcnt as Manager, Western Pipeline Operations of Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company,in its capacity as general partner of SUNOCO PIPELINE L. P., a Texas limited partnership, and acknowledged to me that lie executed the same as his free and voluntary act and deed,and as the free and voluntary act and deed of such corporation for the uses and purposes set forth. Notary Public My Commission Expires: STATE 017 TEXAS § COUNTY OF JEFFERSON § Before me, the undersigned authority, NOTARY PUBLIC, STATE OF 'TEXAS on this day personally appeared to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument. Witness my hand and official seal this the____day of_,201 1. Notary Public My Conunission Expires: AFTER RECORDING RETURN TO: SUNOCO PIPELINE L.P. P.O.Box 5095 Sugar Land,TX 77487-9940 Encroachment Agrwimit,City of Heatinioni -4- file No HSB-0018 'g i 3 a • • � 1 rrr \r r r � rill r r [ it __ — s —. •c a-- e — �� � •y���,.r _ +3+00 •5+00 , F rNQm w oc sat•c OPDI C!R OIIO;C11dML DWL ♦ ' M �'.,Wwt"o�.".r.•M raua oMEcraKw.oML OM as ,ems m!s�rr-•�� zs ::..r mow at in at) 0 r00 :: _: ._..::.4�.. C->5 - ._.. ._ I r r r rr i i i i i i i i i i i i #r } '�• WWUCI- -'PM" Exhibit B ROCIP Insurance Coverage Limits Workers' Compensation Insurance - Statutory Limits of the Workers' Compensation Laws of the State of Texas,with Coverage B -Employer's Liability (with limits of$1,000,000 each accident for Bodily Injury by accident, $1,000,000 each employee for Bodily Injury by disease and$1,000,000 policy limit Bodily injury by disease),covering operations of the enrolled party performed on or incidental to Work at the project site. Commercial General Liability Insurance - (Excluding Automobile and Professional Liability) in form providing coverage not less than a Commercial Gcmal Liability insurance policy, including hazards of explosion, collapse,underground,independent contractor(s), employes as additional insureds, completed operations for ten (10) years after final completion at each designated project site, contractual liability coverage and personal injury liability coverage for claims arising out of the Work for personal injury,bodily injury and property damage in policy or policies of insurance such that the total available limits, reinstated annually to all insureds combined will not be less than: $2,000,000 per occurrence $2,000,000 personal and advertising injury aggregate $4,000,000 general aggregate per project $4,000,000 completed operations aggregate—per project term Such insurance will not include coverage for products liability for any product(s)manufactured, assembled, or otherwise worked upon away from the Project site for any enrolled party or excluded party performing such off site work, Umbrella/Excess Liability Insurance in limits of, $25,000,000 per occurrence $25,000,000 general aggregate $25,000,000 products/completed operations aggregate Excess of those stated above,to all insureds combined. FAimeduuom Agroement,City of Beaumont -5. File No MB-0018 i ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT, made as of the day of 2011, by and between CITY OF BEAUMONT, TEXAS, a body politic and corporate and a political subdivision of the State of Texas, with its principal place of business at 1350 Langham Road, Beaumont, Texas 77707, (hereinafter called the "City"), and SUNOCO PIPELINE L.P., a Texas limited partnership, its successors and assigns,whose mailing address is P.O. Box 5095, Sugar Land,TX 77487-9940(hereinafter called"Sunoco"). WITNESSETH THAT: WHEREAS, Sunoco has acquired an easement to construct, maintain, operate, repair, replace,alter,renew and remove a pipeline and appurtenances thereto,together with other rights in and across certain lands located in Jefferson County,Texas,by virtue of a Right of Way Grant dated November 18,2008,recorded under Document Number 2008039427 of the Deed Records of the County Clerk, Jefferson County, Texas (hereinafter called the "Easement"} and also identified as S-225-MPL-108,reference to which is here made for all purposes;and WHEREAS,the City was granted a permit by the Texas Department of Transportation (hereinafter called"TXDO,r")to construct a twelve(12)inch PVC water line and appurtenances (hereinafter called the "Improvements")within and along the right-of-way for Spur 380, also known as South M.L.King,Jr.Parkway;and WHEREAS,in connection with its interest in said lands,the City has requested Sunoco to consent to the existence,maintenance and encroachment of the Improvements;and WHEREAS, the Improvements and encroachment area are generally illustrated on Exhibit"A",attached hereto and incorporated herein; WHEREAS,in order to accommodate The City,Sunoco will not object to the existence, maintenance and encroachment of the Improvements over,upon and across the Easement upon terms and conditions as described above and as will more fully hereinafter appear. NOW, THEREFORE, in consideration of the premises and of the mutual advantages accruing or expected to accrue to the parties by virtue of this agreement,the parties,intending to be legally bound,agree that the Easement provides as follows: 1. The City, its agents and contractors shall give Sunoco not less than forty-eight (48) hours notice prior to any proposed construction, installation grading, excavation, maintenance or repair of any improvements over, under or near Sunoco's pipeline and the Easement. Contact Sunoco's Maintenance Supervisor,Foyce Winn at 409 749-3900(office)409 504-6910(cell)or his successor..Construction of the Improvements must be made in accordance to the construction plans dated June 25,2011 by Schaumburg&Polk. Inc(hereinafter called the "Plans")that have been submitted to Sunoco for review. Said plans show a nine(9)foot vertical clearance from the outside diameter of Sunoco's steel encased pipeline to the diameter of the Improvement. The Improvement cannot be installed closer to Sunoco's pipeline than shown on the proposed construction plans. The Improvements may be installed via open trench,provided that a Sunoco inspector is present at the time and also provided that Sunoco's pipeline will not be exposed during excavation. 2. Except as otherwise provided for herein, neither the City nor its agent or contractors shall build any structures on, construct man-made surfaces or place bodies of water upon,plant any trees or shrubs,excavate or locate any utilities within,change the grade of,or use the Easement, or any part thereof, in•any way which will or may interfere with Sunoco's Encroachment Agreeanent,City of Beaumont -t- File No BTE-0013 EXHIBIT"B" immediate and/or unimpeded access to Sunoco's pipeline facilities located therein or otherwise interfere with Sunoco's lawful exercise of any of the rights herein granted or cortfinned without first having obtained Sunoco's approval in writing. 3. The operation,maintenance and repair of the Improvements and appurtenances by the City shall be done in a manner and under such general conditions as will not interfere with the proper and safe use,operation and enjoyment of Sunoco's pipeline and Easement. 4. The City at all times shall be obligated to promptly maintain,repair and renew the Improvements and, upon notice: in writing from Sunoco requiring it to do so, promptly shall perform maintenance or make any such repairs for the put-pose of protecting and safe-guarding Sunoco's property,employees,patrons or licensees from damage or injury all at The City's sole cost and expense. 5. The maintenance and/or reconstruction of the Improvements is and shall be subject to the prior rights of Sunoco,and exercise of said rights by Sunoco is not and shall not be subject to limitations or prohibitions'by virtue of said maintenance and/or reconstruction of any of the improvements and related facilities and apputenances. 6. Sunoco, in the exercise of any of its rights, shall not be liable in any manner or respect whatsoever for any damages occasioned to any of the Improvements, and The City, its agents and contractors shall and do assume all risk and expense which may be involved in any repair,replacement and/or reconstruction of any improvements which may be required or desired by Sunoco,its agents and contractors. 7. All the terms and provisions of the Easement, except as modified by this Agreement,are hereby ratified and confirmed and shall remain in full force and effect. 8. The City represents and warrants that it is prohibited by Section 52 of the Texas Constitution, as interpreted by Texas appellate courts (See, for example, Brazoria County v. ferry, 537 S.W.2d 89 [Tex.Civ.App.- Hous. -It Dist. 1976])and the Texas Attorney-General (See, also, Op. Tex. Att'y Gen. No. DM-467 [1998]; and Tex. Att'y Gen. LO-90-107 [1993]) from giving an indemnity against loss, injury or damage resulting front activities of its contractors on the Project site. 9. The City further represents and warrants that it has purchased a Rolling Owner- Controlled Insurance Plan(ROCIP)through which all enrolled contractors and subcontractors on the Project site will be covered for certain minimum insurance coverages as shown on Exhibit B attached to this Encroachment Agreement. The City agrees to enroll all contractors and subcontractors performing work on the Improvements at the Project site in the ROCIP. The City agrees to maintain the ROCIP in force for all construction activities at the Project site. Prior to commencement of construction at or in proximity to the Sunoco Easement,The City agrees to furnish Sunoco a certificate of insurance that confirms that the ROCIP coverages are in force, and that Sunoco has been named as an additional insured on such ROCIP policies of insurance. 10. No equipment will be allowed to work over Sunoco's Pipeline(s),unless approved by Sunoco's representative. Excavators must work/dig parallel to SUNOCO'S Pipeline(s), and the buckets must have barred teeth. Any excavation within two feet (2') of SUNOCO'S Pipeline(s) will be done by hand. Bores and directional drills installed within ten feet(10') of SUNOCO'S Pipeline(s)and facilities require physical verification of Pipeline location(s)prior to commencement of any work. All crossings of SUNOCO'S Pipeline(s) will be constructed as close to ninety(90) degrees as possible to SUNOCO'S Pipeline(s),but not less than forty-five (45)degrees. A minimum of four feet (4) of cover and a maximum of seven feet (T)of cover must be maintained over SUNOCO'S Pipeline(s). 11. Wherever the City will cross Sunoco's Pipeline and/or Easement with heavy equipment, THE CITY will place matting or other suitable material over the Pipeline/Easement as determined by Sunoco's representative in the field. 12. Excavated material will not be placed over Sunoco's Pipeline excepting fill material necessary to provide at least four feet (4') of cover above the Pipeline if there is Enc:roachmatt Agreement,City ofBeaumotu -2- Pile No BTE-0013 presently insufficient cover over the Pipeline.The City agrees to clean up and repair all damages to Sunoco's Easement resulting from the work on or across the Easement. Any and all damage repairs and cleanup of Sunoco's Easement will be subject to Sunoco's reasonable acceptance. 13. Within 120 days of tic completion of construction of the crossing of Sunoco's Pipelinc(s)/Easement, The City will provide to Sunoco at the above address a reproducible as- built drawing of the crossing,which will include a distance of twenty-five feet(25)on each side of said crossing along Encroachment with the depiction of elevations. 14. In the event that the existence,construction,operation,maintenance,relocation,or removal of the Encroachment causes Sunoco to incur any cost that in any manner relates to Sunoco's operation, maintenance, removal, repair, replacement, protection, construction, alteration,relocation, changing the size of, addition to and/or inspection of the Pipeline, or the cleanup or handling of any spills of petroleum products,The City,its successors or assigns,shall reimburse Sunoco for any and all such costs that would not have been incurred but for the existence of the Encroachment. The City hereby agrees that Sunoco will not be held liable for any damages to the Encroachment arising from Sunoco's operation, maintenance, removal, repair,replacement,protection,construction,alteration,relocation,changing the size of,addition to and/or inspection of the Pipeline. 15. Sunoco and The City agree that the existence of the Encroachment does not constitute a waiver of Sunoco's express rights wider the aforesaid Easement and Partial Release Agreement or any other rights which may be implied by law or equity. 16. The terms and conditions of this Agreement will constitute covenants running with the land and will be binding upon and inure to the benefits of the parties hereto, their successors and assigns. 17. This Agreement shall not be altered,changed or amended except by an instrument in writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year above written. SUNOCO PIPELINE L.P.,a Texas limited partnership By: Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company, as its general partner By: Todd M.Stamm,Manager Western Pipeline Operations CITY OF BEAUMONT,TEXAS By: -— - Kyle Hayes City Manager,City of Beaumont Encroodunan Agrecumt,City of Beaumont .3- Tito No BTC-0013 STATE OF TEXAS § COUNTY OF FORT IEBND § Before me a Notary Public in and for said county and state,on this_day of _,2011, personally appeared'lodd M.Stamm,to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Manager, Western Pipeline Operations of Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company, in its capacity as general partner of SUNOCO PIPELINE L. P., a Texas limited partnership, and acknowledged to me that he cxccuted the same as his free and voluntary act and deed,and as the free and voluntary act and(Iced of such corporation for the uses and purposes set forth. Notary Public My Commission Expires: __- STATE OF TEXAS § COUNTY OF JEIFERSON § Before me, the undersigned authority, NOTARY PUBLIC, STATE OF TEXAS on this day personally appeared to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument. Witness my hand and official seal this the__day of_,201 1. Notary Public My Commission Expires: _ AFTER RECORDING RETURN TO: SUNOCO PIPELINE L.P. P.O.Box 5095 Sugar Land,TX 77487-9940 Eacmactuncnt Agrewnent,City of Beaunwnt -4- File No BTE-0013 i { I ` I {1 I- dal r�Y w Yrw ry.Yr -' I I' I� I�� rwwrrr r w�rrr 1 1� wfYr __ - � rMlrw sMfVr rw)rrr r Mfrr rWfVw r�•rfuw � 1 � I' 10 •wY..ruw rwrrr �{ rwrfrr rMlrr I 1 r Yr i�M1YrYr ' 11 I �l I� VV (� �!i 1 I � rw Wwr lip rwrrw ' Itv r.+rur rwMrrr I w I rwwrrw cc � rwnfur rwfrw 8���. 8 rwrrr r..IVr � ' rr«frw .trii�s AM � rwrvr h rr•r�rr ....�.. MCI. Td Pla T 1. N - -- ---------------------------- r�rYr ...rYw swnrrr ..Y:.. rwMr wlw ^it tf� Exhibit B ROCIP Insurance Coverage Limits Workers' Compensation Insurance - Statutory Limits of the Workers' Compensation Laws of the State of Texas,with Coverage B- Employer's Liability (with limits of$1,000,000 each accident for Bodily Injury by accident, $1,000,000 each employee for Bodily Injury by disease and$1,000,000 policy limit Bodily Injury by disease),covering operations of the enrolled party performed on or incidental to Work at the project site. Commercial General Liability Insurance - (Excluding Automobile and Professional Liability) in form providing coverage not less than a Commercial General Liability insurance policy, including hazards of explosion,collapse, underground, independent contractor(s),employees as additional insureds, completed operations for ten (10) years after final completion at each designated project site, contractual liability coverage and personal injury liability coverage for claims arising out of the Work for personal injury,bodily injury and property damage in policy or policies of insurance such that the total available limits, reinstated annually to all insureds combined will not be less than: $2,000,000 per occurrence $2,000,000 personal and advertising injury aggregate $4,000,000 general aggregate per project $4,000,000 completed operations aggregate—per project term Such insurance will not include coverage for products liability for any product(s)manufactured, assembled, or otherwise worked upon away from the Project site for any enrolled party or excluded party performing such off-site work. Umbrella/Excess Liability Insurance in limits of: $25,000,000 per occurrence $25,000,000 general aggregate $25,000,000 products/completed operations aggregate Excess of those stated above,to all insureds combined. Encroachment Agroauent,City of Donumont -5- Pile No BTE-0013