Ordinance No. 11,682ORDINANCE NO. 11 A2
AN ORDINANCE (SIN THE CITY COUNCIL OFTHE CITY OFBAYTOWN,TEXAS,
AUTHORIZING AND DIRECTING T111", CITY MANAGLIR TO EXECUTE, A
1)I" EDGE MATERIAL ]"I,A(,EMI�N'I'A(iREEMEN'I'WITI-I PORT OF HOUSTON
Au,rFIORITY FOR THE BAYLAND MARINA RECONSTRt.JCTION PROH.-ICT
CONTINGENT UPONTERMS AND CONDITION'S ACCEPTABLE'ro,rilt" cl,ry
MANAGER AND CITY ATI'ORNEY; AUTHORIZING PAYMENT 13Y THE (_1TY
OFBAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRI..'D 17IFTY-TWO
THOUSAND EIGHT HUN DRED TWEINTY AN[) NO/100 DOLLARS ($652,820.00);
MAKING OTHER PROVISIONS RELATED THERETO-, AND PROVU)ING FOR
'r I I E 1.I FECTI V E DATE TH E R E(F
BI".`YF ORDAINED BY 'I IE CITY COUNCIL OFTHE CITY OF BAYTOWNJEXAS:
Section I: That the City Council o('the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute a Dredged Material Placement Agreement with Port of Houston
Authority for tile, Bayland Marina Reconstruction Project contingent upon ternis and conditions
acceptable to the City Manager and the City Attorney.
Section 2: That the City Council of the City of Baytown avithorizes payment to Port of
Houston Authority in an amount not to exceed SIX IIIJNDI<I-.] I ) IFIFTY-TWO THOUSAN[) EIGHT
HUNDRI'D TWENTY AN[) NO/10O DOLLARS (S652,820.00) in accordance with the agreement
authorized in Section I hereinabove.
Section 3: That [lie City Manager is hereby granted general authority to approvea decrease
or all increase in costs by'f'\Nll,'N'I'Y-1�:IVI� .']'I-IOUSAND AND NO/] 00 DOI-LARS ($25.000.00) or less,
provided that the tu1aour1t ilLithorized in Section 2 hereof' angry not be increased by more [Iran twenty-five
percent (25%).
I NTRODUCED, READ, and PASSED by the affirmative vo fthc City Council ofthe City of'
Baytown, this the 14"' day'Of.hlly, 2011.
STVI FEN FF. II)ONCARLOS, Mayor
SIB t orney
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DREDGED MATERIAL PLACEMENT AGREEMENT
PHA FILE NO.: 2011-0134
PHA: PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY,
TEXAS, a political subdivision of the State of Texas
PHA ADDRESS I I I East Loop North, Houston, Texas 77029
Attn: Chief Executive Officer
COMPANY:CITY OF BAYTOWN
COMPANY'S ADDRESS: Post Office Box 424, Baytown, Tx 77522-0424
DREDGED MATERIAL: Approximately 57,000 cubic yards of dredged material removed
from Bayland Marina, and approximately 20,000 cubic yards
from Goose Creek Channel
PLACEMENT AREA: Alexander Island
TERM: Beginning on the date this Agreement is fully executed, and
ending the earlier of(i) six months thereafter, or (ii) completion
of Dredging Operations
FEES:Application Fee, Material Placement Fee, and all other amounts
to be paid by Company under this Agreement
APPLICATION FEE: Six Hundred Seventy-Five and NO/100 Dollars($675.00)
MATERIAL
PLACEMENT FEE: Four and 12/100 Dollars ($4.12) per cubic yard of Dredged
Material deposited into the Placement Area
DREDGING
OPERATIONS: All matters relating to the dredging, handling, testing or
placement of the Dredged Material and any repairs or
adjustments to the Placement Area
i
EXHIBITS: A:" Drawing depicting Placement Area, and "B:" PHA's
Sediment Sampling and Analysis Protocol
Rev.8-13-09
This Dredged Material Placement Agreement (the "Agreement") is entered as of date last set
forth below between the PHA and the Company. Capitalized terms not otherwise defined herein
shall have the meanings set forth above.
1.Permission to Use Dredged Material Placement Area.
a.The PHA hereby approves Company's request and grants Company permission to deposit
the Dredged Material on the Placement Area, provided that Company:
i.Has paid the Application Fee to the PHA at the time of application;
ii.Pays the Material Placement Fee to the PHA,as provided in section 6;
iii. Completes the sediment sampling and analysis, as provided in section 2;
iv. Receives final written approval of the Dredging Operations from PHA,
as provided in section 2,and
V.Complies with all other provisions of this Agreement.
b.This Agreement is made subject to all agreements affecting the Placement Area and
subject to the superior rights of PHA and the United States Army Corps of Engineers to use and
access the Placement Area.
C.No dredge pipeline easement or right-of-way is provided by the PHA to Company by this
Agreement.
2.Performance of Dredging_Operations.
a.Company shall properly perform the Dredging Operations in a safe and workmanlike
manner, in accordance with the provisions of this Agreement and in compliance with all
applicable laws and regulations.
b.Company shall notify PHA in writing of the date the Dredging Operations are proposed
to commence, at least one week prior to such date. Company shall not commence the Dredging
Operations prior to payment of the Material Placement Fee, and without prior written approvals
of PHA as hereinafter provided.
C.Prior to commencing Dredging Operations, Company shall provide PHA the following
for review and approval:
i.Scale drawings depicting the area, depth and volume to be dredged, including
adjoining upland uses, pipelines, outfalls, and drainages.
ii.Results of sediment sampling and analysis, which the Company shall cause to be
conducted as set forth on Exhibit "B." The sampling and analysis shall be performed by a
laboratory approved by PHA, and the analytical results, including documentation of the chain of
custody, shall promptly be furnished by the laboratory to PHA with copies of the test results.
iii. After receiving approval from PHA of the sediment sampling and analysis
results, a dredge and placement plan and procedure, including the location of any Discharge
Corridor(as defined below). The term"Discharge Corridor"means the location at the Placement
Area at which dredge pipe and dredged material should be placed, as designated by the PHA.
2
d.The PHA reserves the right to(i)place reasonable conditions its approval of the Dredging
Operations as to when, and under what conditions, the Dredging Operations may be performed,
including the location of any Discharge Corridor; and (ii) stop or delay the Dredging Operations
to allow PHA or United States Corps of Engineers to deposit dredged material into the Placement
Area,or as otherwise required to protect the PHA's interests.
e.Company shall provide a Class "A" Automatic Identification System(AIS), as set forth in
33 CFR 164.46,as amended, for all dredges used to perform Dredging Operations hereunder.
f.The Dredging Operations, and the use, construction and maintenance of levees, dikes, or
drains which are necessary in connection with the Dredging Operations, shall conform to the
directions of PHA,the Texas Commission on Environmental Quality, and the United States Army
Corps of Engineers. Company shall promptly provide PHA with copies of all related
correspondence to or from such agencies.
g.Company further agrees to take all actions necessary to prevent any release of any
Dredged Materials from the dredge pipeline and its appurtenances, or otherwise, outside of the
Placement Area. In the event such release does occur, regardless of the cause, whether or not the
property of any person, firm or corporation is damaged or destroyed thereby, or any civil
penalties or fines are incurred, Company shall notify PHA in writing within twenty-four (24)
hours of such release stating the exact location and duration of the release, and the nature of the
substance released.
3.Condition of Placement Area.
a.The Placement Area is made available to Company "As Is," with no warranty or
representation, either express or implied, that the Placement Area is in a condition to receive or
accept the Dredged Material.
b.Company agrees that it shall ascertain for itself the condition of the Placement Area,
including its levees, spillways, and any Discharge Corridor. Company shall make such
adjustments or repairs to these items as are necessary to accommodate the Dredging Operations,
provided that any such adjustments or repairs shall be first approved by the PHA.
C.Company agrees to repair and/or remediate at its own expense, as approved by and to the
reasonable satisfaction of PHA, any damage, injury, or unsafe condition, caused by or resulting
from the Dredging Operations, subject to Section 3(d)below. Company shall notify PHA of such
damage, injury or condition within twenty-four(24) hours of its occurrence. If Company fails to
perform or complete the repairs or remediation work, PHA may(at its option)conduct such work
and Company hereby agrees to reimburse PHA for its reasonable cost in conducting such work.
d.At PHA's sole option, PHA shall hold the Company solely responsible, financially and
otherwise, for any cleanup, repair, or similar action required by any governmental or quasi-
governmental agency as a result of any release, storage, transport, generation, abandonment, or
disposal of Hazardous Materials (as defined below) or other materials subject to environmental
regulation, by the Company and its employees, agents, or contractors. Company shall keep PHA
apprised of all efforts to perform such cleanup or repair and shall provide PHA with copies of all
correspondence, reports, and other documents pertaining to the environmental violation and the
resulting cleanup and/or repair within forty-eight (48) hours of Company's preparation or receipt
of such documentation. In the event that PHA gives notice to Company to take such action and
Company fails to take such action within the time specified by PHA, PHA shall have the right,
3
but not the obligation, to perform such action at the sole expense of Company and to recover all
cost and expenses incurred as a result of such performance as rent by delivering an invoice to
Company. Any performance by PHA pursuant to this section shall not constitute a waiver of
Company's failure to take any required action. The term "Hazardous Materials" shall mean any
flammables, explosives, radioactive materials, hazardous waste, petroleum products or other
hydrocarbons, chemicals, toxic substances or related materials, including all substances regulated
under or defined as "hazardous substances," "hazardous materials," "toxic substances" or "solid
wastes" in the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49
U.S.C. Sec. 1801, et seq.;the Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901,et
seq.; the Toxic Substance Control Act, as amended, 15 U.S.C. Sec. 2601 et seq.; the Texas Solid
Waste Disposal Act,Tex. Health and Safety Code Ch. 361,or any other law.
4.Insurance.
a.Company shall require its contractor to obtain and maintain, or provide self insurance for,
throughout the Term of this Agreement,the following policies of insurance:
i.Worker's compensation coverage at statutory limits; Employer's liability,
including bodily injury by accident and by disease, for $100,000; and U.S. Longshoremen's &
Harbor Workers' Act(if exposure exists)
ii. Commercial general liability coverage, including premises operations,
independent contractors, products and completed operations, personal injury, bodily injury,
blanket contractual liability, explosion, collapse and underground hazards, and broad form
property damage occurring in or about the Placement Area, for $5,000,000 per occurrence and a
12-month aggregate policy limit of$5,000,000;
iii. Business automobile liability insurance (for automobiles used by Company's
contractors in the course of its performance hereunder, including employer's owned, non-owned
and hired/leased auto coverage)for$1,000,000 combined single limit per occurrence.
b.Each policy or an endorsement thereto, except those for worker's compensation and
employer's liability, shall name the PHA and its commissioners, officers, employees, agents, and
other legal representatives as additional insureds, as to all applicable coverages with respect to
operations and activities of, or on behalf of,the named insured performed hereunder. If any such
policy is written as "claims made" coverage,then Company shall provide policy extensions so as
to provide coverage to the PHA for a period of at least two years after the term of the Agreement
expires.
C.The Company's contractor's workers' compensation and employers' liability policy must
contain an endorsement to the effect that the issuer waives any claim or right in the nature of
subrogation to recover against the PHA, its commissioners,officers,employees, agents, and other
legal representatives.
d.Each policy must contain an endorsement that such policy is primary insurance to any
other insurance or self insurance available to the PHA, but only to the extent of the liabilities
assumed hereunder by the Company's contractor,with respect to claims arising hereunder.
e.Company's contractor shall be entitled to purchase and maintain the insurance required
under this subsection under so-called "blanket policies," provided the coverage thereunder is at
4
least at the levels contained herein and is otherwise adequate and in keeping with prudent
underwriting standards.
f.The issuer of each policy shall have an A.M. Best Company financial rating of not less
than A- (or a similar rating by a comparable service) and be licensed and admitted to do business
in the state of Texas, or be placed with Lloyds Underwriters or another financially sound
insurance carrier agreeable to PHA.
g.Company's contractor shall assume and bear any claims or losses to the extent of
deductible amounts and waives any claim it may ever have for the same against the PHA and its
commissioners, officers, employees, agents, and other legal representatives in respect of any
covered event, but only to the extent of the liabilities assumed hereunder by Company's
contractor.
h.All such policies and certificates shall contain an agreement that the insurer shall notify
the PHA in writing not less than thirty (30) days before any material change, reduction in
coverage,non-renewal,or cancellation of any policy.
i.PHA shall be entitled, upon request and without expense,to receive copies of the policies
and all endorsements thereto as they apply to the limits required by PHA.
j.If Company's contractor fails to maintain the insurance, or fails to secure and maintain
the endorsements, required under this Section 4, PHA may obtain such insurance, and Company's
contractor shall pay the premiums therefore; however, procuring of said insurance by PHA is an
alternative to other remedies PHA may have, and is not the exclusive remedy for failure of
Company's contractor to maintain said insurance or secure such endorsement. In addition to any
other remedies PHA may have against Company's contractor hereunder, PHA may require
Company's contractor stop Dredging Operations until Company's contractor demonstrates
compliance with the requirements hereof.
k.At the time of application for this Agreement, Company shall provide its contractor's
certificates of insurance reflecting that the terms of this subsection have been met.
Notwithstanding the proof of insurance requirements set forth in this subsection, Company's
contractors, throughout the Term, continuously and without interruption, shall maintain in force
the required insurance coverages set forth in this section.
I.Upon PHA's request, Company's contractor shall provide PHA with a current certificate
of insurance from each contractor performing the Dredging Operations. This certificate shall set
forth the types and levels of insurance currently maintained by such contractors and shall, to the
extent reasonably practicable, be consistent with the requirements of this Section 4. PHA may, in
its sole discretion,object to any subcontractor that PHA determines does not maintain appropriate
insurance coverage given the nature of its work, in which event Company's contractor shall find a
replacement acceptable to PHA in its reasonable discretion.
M. In lieu of maintaining policies of insurance described in this Section 4, Company's
contractor may elect to self-insure against the risks described in this section, provided that
Company's contractor submits to the PHA documents showing either (i) self-insurance reserves
or other assets sufficient to pay judgments equal to the minimum limits of liability set forth in this
subsection, or(ii) a net worth that exceeds ten times the aggregate minimum limits of liability set
forth in this subsection. If, during the Term, any such self-insurance program ceases or the self-
insured's assets, reserves or net worth are no longer adequate to provide the above coverages,
5
Company's contractor shall immediately notify the PHA of such lapse of coverage and obtain or
cause to be obtained commercial insurance in accordance with the requirements of this subsection
within thirty(30)days thereafter. If Company's contractor self-insures,Company's contractor has
a duty to defend the PHA in the same manner as a company with insurance in any suit seeking
damages against the PHA in connection with this Agreement, and Company's contractor shall
pay all costs and expenses of such defense or reimburse the PHA for all costs and expenses
incurred by the PHA for such defense, but only to the extent of the liabilities assumed hereunder
by Company's contractor.
n.Nothing contained in this section shall be construed as limiting or defining the extent to
which Company's contractor may be held responsible for payments of damages to persons or
property resulting from Company's contractors' performance of the Dredging Operations, or the
obligations of Company as set forth elsewhere in this Agreement.
5.Indemnity and Release.
City of Baytown and the Port of Houston Authority acknowledge they are political
subdivisions of the State of Texas and are subject to, and comply with the applicable
provisions of the Texas Tort Claims Act, as set out in Civil Practices and Remedies Code,
Section 10 1.00 1 et seq. and the remedies authorized therein regarding claims or causes of
action that may be asserted by third parties for accident, injury or death.
This Agreement will be interpreted according to the Constitution and laws of the State of
Texas. Venue of any court action brought directly or indirectly by reason of this
Agreement shall be in Harris County, Texas. This Agreement is made and is to be
performed in Harris County, Texas, and is governed by the laws of the State of Texas.
6.Fee Calculation and Payment.
a.The estimated Material Placement Fee shall be based on Company's estimate set forth in
its application for this Agreement. Seventy-five percent (75%) of such estimated Material
Placement Fee shall be paid by Company upon its execution of this Agreement.
b.Within thirty (30) days upon completion of the Dredging Operations, Company shall
provide to the PHA cross sections made from soundings at the Dredging Operation site, taken
before and after Dredging Operations ("Cross Sections"), and a copy of the invoice from the
dredging company performing the work for Company, setting forth the total amount of Dredged
Material removed.
i.Such Cross Sections made from soundings taken before and after the Dredging
Operations shall be sent electronically to the PHA in ASCII Text File (x,y,z) format, to permit
verification of the dredged quantities placed in the Placement Area.
ii.Soundings for the Cross Sections shall be taken along lines which are transverse
to the dredging limits,and not more than 100 feet apart.
C.The final Material Placement Fee shall be calculated by the PHA, based on its
determination, in its sole discretion, of the volume of material deposited on the Placement Area,
6
using the "average-end-area" method, and the quantities indicated on the dredging contractor's
invoice.
d.The PHA shall invoice Company for the balance of the final Material Placement Fee
following its calculation of such amount. Such amount shall be due and payable thirty(30) days
after the PHA provides Company with a written invoice for such amount.
e.All payments under this Agreement shall be mailed to the lockbox of the PHA, as set out
in the Instructions and Checklist for Agreements and Permits.
7.Transfers.Except as provided for herein, Company shall not further transfer or
assign this Agreement or any interest therein in whole or in part without the prior written consent
of the PHA; and in event of such consent, any transfer or assignment shall be made only on
condition that such transferee, or assignee shall in writing assume and agree to be bound by the
terms and provisions of this Agreement. Any transfer or assignment to an affiliate, subsidiary or
successor does not release the original or any prior party from any obligation to the PHA as
originally set out herein, and in the event of a transfer or assignment to an affiliate, subsidiary or
successor,the PHA may enforce this Agreement against the assignor,the assignee or both.
8.Termination. This Agreement and the rights herein granted may be terminated by the
PHA at any time,without recourse to Company, except that PHA shall refund any money paid by
Company for Dredge Material not placed into the Placement Area.
9.Miscellaneous.
a.Time of Essence. Time is of the essence with respect to each date or time specified in
this Agreement by which an event is to occur.
b.Public Disclosure. The PHA is a governmental authority subject to the requirements of
the Texas Open Meetings Act and the Texas Public Information Act (Texas Government Code
Chapters 551 and 552). Company agrees that disclosure of information or materials related to
this Agreement by PHA as required by the Texas Open Meetings Act, Texas Public Information
Act, or any other law, shall not expose PHA (or any party acting by, through or under PHA) to
any claim, liability,or action by Company.
C.Entire Agreement, Amendment and Binding Effect. This Agreement constitutes the
entire agreement between PHA and Company relating to the subject matter hereof. Except as
provided above with respect to termination by the PHA, this Agreement may only be amended by
a written document duly executed by PHA and Company, and any alleged amendment which is
not so documented shall not be effective as to either party. The provisions of this Agreement
shall be binding upon and inure to the benefit of the parties and their heirs, executors,
administrators, successors and assigns; provided, however, that this subsection shall not negate,
diminish,or alter the restrictions on transfers applicable to Company set forth elsewhere herein.
d.Severability. If any provision of this Agreement or its application to any person or
circumstance shall be invalid or unenforceable, such invalidity or unenforceability shall not affect
the remaining portion of such provision, or any other provisions hereof, and each such provision
of this Agreement shall be deemed to be severable from all other provisions hereof, provided that
the overall intent of this Agreement is not vitiated by such severability.
7
e.Construction. Unless the context of this Agreement clearly requires otherwise, (i)
pronouns, wherever used, and of whatever gender, shall include natural persons and corporations
and associations of every kind and character, and (ii) the singular shall include the plural
wherever and as often as may be appropriate. Headings in this Agreement are for convenience of
reference and shall not affect the construction or interpretation of this Agreement.
f.Interest on Company's Obligations. Any amount due from Company to the PHA which
is not paid when due shall bear interest at the maximum prejudgment interest rate allowed by law
from the date payment is due until paid, but the payment of interest shall not excuse or cure the
default in payment.
g.Authority. The person executing this Agreement on behalf of Company warrants and
represents to the PHA that: (i) Company is a duly organized and existing legal entity, in good
standing in the State of Texas; (ii) Company has full right and authority to execute, deliver, and
perform this Agreement; (iii) the person executing this Agreement on behalf of Company was
authorized to do so; and (iv) upon request of PHA, such person shall deliver to the PHA
satisfactory evidence of his or her authority to execute this Agreement on behalf of Company.
h.Incorporation by Reference. Exhibits "A" and "B" are incorporated herein for any and
all purposes.
i.Interpretation. PHA and Company and their respective legal counsel have reviewed and
have participated in the preparation of this Agreement. Accordingly, no presumption will apply
in favor of the PHA or Company in the interpretation of this Agreement or in the resolution of the
ambiguity of any provision in the Agreement.
j.Multiple Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute but one instrument.
k.Venue and Governing Law. Venue of any dispute or lawsuit between the PHA and
Company shall be in either Texas State Judicial District Court in Harris County, Texas or the
United States District Court for the Southern District of Texas, Houston Division. This
Agreement shall be construed, and the rights and obligations of the parties hereunder shall be
determined in accordance with the laws of the State of Texas or, if applicable, the federal laws of
the United States, excluding any principle of conflict of laws that would require application of the
laws of any other jurisdiction.
In witness whereof,the parties have executed this Agreement as of the date last set forth below.
CITY OF AYTOWN
By
N e; Robert D. Leiper
Tid `City Manager
Dat : A gUst 120.1 1' :
8
PORT OF HOUSTON AUTHORITY
By hf or
Name
Title
Date
APPROVED AS TO FORM: APPROVED:
A
unsel Mark Vincent, P.E.
Channel Development Director
9
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Exhibit "B"
Port of Houston Authority
Sediment Sampling Requirements
One sediment core should be taken for approximately every 500 linear feet over the dredge prism
and represent a maximum sediment volume of 5,000 cubic yards.
Outfalls should have sediment samples obtained as representative of that area.
Core samples should be at least as great as the proposed dredge depth. Sediment samples can be
homogenized, for example a four foot core can result in one sediment sample and a nine foot
core would become two sediment samples.
The Port of Houston Authority is available to review sampling plans and locations prior to field
activities, if necessary.
A list of sediment sampling consultants and contractors will be provided upon request.
The table below lists the required sediment sample analytical constituents and parameters.
The Port of Houston Authority contracts its analytical sediment sampling to the following
laboratories, which are familiar with requirements and able to meet parameters:
ALS Laboratory Group, Shannon Tyrell/Sally Roan: 281-530-5656
TestAmerica,Joe Espinosa: 713-690-4444
Upon the completion of sediment sampling activities and analysis, an interested party must
submit a Sampling Analysis Plan with location map (including GIS coordinates for sample
locations) and analytical data to the Port of Houston Authority Environmental Affairs
Department for approval/acceptance into a confined disposal facility.
If you have any questions on your sediment sampling activities and PHA policies,please contact
Nicole Hausler at 713-670-2683.
Rev 04/10
Port of Houston Authority
Sediment Sampling
Listing of Chemicals of Concern
as of 6/1/09)
Sediment
f
Reporting Limit j
Required for
Comparison to
1 Ecological ;
Screening
Chemical CAS Number'Thresholds") l Analysis Method
CONVENTIONALS
Total Solids(%) P$17(2) _._......_
Total Volatile Solids,%) Pg.20(2)
Total Organic Carbon(%off__._._._._._.._._._._._..........__.................... i_...._......._..._..DOE(3) ----
Modified ASTM with
Grain Size Hydrometer
METALS..
Antimony 7440-36-0 0.3 GFAA 6
Arsenic 7440-38-2 16 GFAA
Cadmium 7440-43-9 0.7 GFAA
Chromium 744047-3 3.0 GFAA
Copper 7440-50-8 36 ICP
Le 7439-92-1 38 ICPad
Mercury i 7439-97-6 0.3 7471
Nickel 7440-02-0 28 ICP
Silver 7440-224 1.3 GFAA
Zinc 7440-66-6 ; 80 ICP
ORGANOMETALLIC COMPOUNDS(m/kg)
T
Tributyltin i 56573-854 j 0.1
ORGANICS_.(m lk$L i
Total LPAH
Naphthalene 91-20-3 0.84 8270
Acenaphthylene 208-96-8 1.2 8270
Acenaphthene 83-32-9 20 8270
Fluorene i 86-73-7 30 8270
Phenanthrene 85-01-8 3.0 8270
Anthracene _120-12-7 0.15 8270
2-Methylnaphthalene- --_- --- ----91-57-6 _-- 0.84 8270
Total HPAH
Fluoranthene 20644-0 1.2 8270
Pyrene 129-00-C 1.2 8270
Benz(a)anthracene j 56-55-3 1.2 8270
Chrysene 218-01-9 1.2 8270
Benzofluoranthenes(b+k)
205-99-2 1.2 8270207-08-9
Benzo(a)pyrene 50-32-8 1.2 8270
I ndeno(1,2,3-c,d)pyre e 193-39-5 1.2 8270
Dibenz(a,h)anth race ne 53-70-3 1.2 8270
Port of Houston Authority
Sediment Sampling
Listing of Chemicals of Concern
as of 6/1/09)
Sediment
Reporting Limit
Required for
I Comparison to j
Ecological
I Screening 3
Chemical CAS Number Thresholds' j Analysis Method
Benzo(g,h,i)perylene 191-24-2 1.2 8270
Chlorinated Hydrocarbons
1,3-Dichlorobenzene 541-73-1 1.5 8260
i---- -- -__ .. ..._.. 1,4-Dichloro benzene 106-46-7 1.5 8260
1,2-Dichlorobenzene 95-50-1 1.5 8260
1,2,4-Trichlorobenzene 120-82-1 1.5 8270
Hexachlorobenzene(HCB) 118-74-1 1.5 8270
Phthalates
Dimethyl phthalate 131-11-3 5.0 8270
Diethyl phthalate 84-66-2 5.0 8270
Di-n-butyl phthalate 84-74-2 5.0 8270
Butyl banzyl phthalate 85-68-7 5.0 82705------ _ -
Bis(2-ethylhexyl)phthalate I 117-81-7 ! 5.0 8270
Di-n-octyl phthalate 117-84-0 5.0 8270
Phenols
Phenol 108 95-2 2.5 8270
2-Methylphenol l 95-48-7 2.5 8270
4-Methylphenol 106-44-5 2.5 8270
2,4-Dimethylphanol 105-67-9 2.5 8270
Pentachlorophenol 87-86-5 2.5 8270
Miscellaneous Extractables
Benzyl alcohol 100-51-6 NA 8270
Benzoic acid 65-85-0 37 8270
Dioxin(Total List as 2,3,7,8
8290
TCID
Dibenzofuran 132-64-9 NA 8270
Hexachloroethane i 67-72-1 0.034 8270
Hexachlorobutadiene 87-68-3 0.0074 8270
N-Nitrosodiphenylamine I 86-30-6 20 i 8270
Volatile Organics
Trichloroethene 79-01-6 5.0 P&T
Tetrachloroethene 127-18-4 0.10 P&T
Ethylbenzene 100-41-4 1.5 P&T
i 95-47-6
Total Xylene(sum of o-,m-,p-) 108-38-3 5.0 P&T
L 106-42-3 _ i
Pesticides
Port of Houston Authority
Sediment Sampling
Listing of Chemicals of Concern
as of 6/1/09)
Sediment
Reporting Limit
Required for
Comparison to
Ecological
Screening
Chemical CAS Number'Thresholds AnalysisAnalsis Method
Total DDT(sum of 4,4'-DDD,4,4'-
72-54-8
DDE and 4,4'-DDT)
72-55-9 0.5
50-29-3 i
Aldrin 309-00-2 0.003 80811z
Alpha-Chlordane 12789-03-6 0.0015 8081
Dieldrin 60-57-1 0.00094
T
8081 _
Heptachlor 1 76-44-8 1 0.035 j — 8081
Gamma-BHC(Lindane) 58-89-9 0.0025 8081
Total PCBs 2.52 8081
Source:USACE
I Chemical Abstract Service Registry Number.
2 This value is normalized to total organic carbon,and is expressed in mg/kg(TCC normalized)
J Some of these values should be adjusted if there is a concern regarding potential beneficial use of
groundwater. Refer to TCEQ groundwater screening levels. Analytical testing results should be reported on a
dry weight basis.
OP ID:TS
DATE(MM/DD/YYYY)acoRr CERTIFICATE OF LIABILITY INSURANCE 07/27/11
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 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 757-468-6100 NAAMNEACT
Taylor Johnson Group PHONE FAX
301 Bendix Road,Suite 300 757-468-9917 WC,No,Ext); A No):
AJLVirginiaBeach,VA 23452 ADADDRESS:
Michael Lewis PRODUCER RUSSE-2
INSURER(S)AFFORDING COVERAGE NAIC M
INSURED Russell Marine LLC INSURER A:AGCS Marine Insurance Co
16828 Market Street INSURERS:Travelers Cas ins Co of Americ
Channelview,TX 77530 INSURER C;Natlonal Casualty Company 11991
INSURER D:Arch Insurance Company
INSURER E:Signal Mutual Assurance Co. A
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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 AD S176 POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER MM/DD1YYYY (MM/DDNYYYI
GENERAL LIABILITY EACH OCCURRENCE $ ^^ 1,000,000
DAMAGE TO RENTE
A X COMMERCIAL GENERAL LIABILITY X OML92004039 11/18/10 11118/11 PREMISES Ea occurrence $ 50,000
CLAIMS-MADE FK OCCUR MED EXP(Any one person) $ 5,000
X Contractual PERSONAL&ADV INJURY $ 1,000,00
X Pollution-Sudden GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG $ 1,000,000
POLICY X PRO- LOCJECT
AUTOMOBILE LIABILITY X
COMBINED SINGLE LIMIT(
Ea
1,000,000
02/15111 02115/12 (
Ea accident)
BA644OP689BXANYAUTO BODILY INJURY(Per person) $
ALL OWNED AUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS
Per accident)
X NON-OWNED AUTOS
X Leased 50,000
UMBRELLA LIAR I X OCCUR EACH OCCURRENCE $ 4,000,000
C
X EXCESS LIAB CLAIMS-MADE
OM00011353 11118/10 11118111
AGGREGATE 4,000,000
s
DEDUCTIBLE
X I RETENTION $ 25,000
H.
WORKERS COMPENSATION X TOCRYSTI T OR
AND EMPLOYERS'LIABILITY YIN WC19813300 1,000,000
D ANY PROPRIETOR/PARTNER/EXECUTNE 1OIO1I1O 10/01/11 E.L.EACH ACCIDENT S
OFFICER/MEMBEREXCLUDED7 NIA X 1,000,000
Mandatory In NH)
E.L.DISEASE-EA EMPLOYE $
If yas,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS below
E USLBH/Jones Act 2600 10/01/10 10/01/11 USLBH 10,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Project:Bayland Marina
The City of Baytown,its officers,agents and employees
and Port of Houston Authority are named as Additional
Insureds on the General Liabili and Auto Liability
policies.CONTINUED IN NOTES SECTION
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City of Baytown ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Engineering Department
2401 Market Street AUTHORIZED REPRESENTATIVE
Baytown,TX 77520
I
1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD
NOTEPAD.
HOLDER CODE RUSSE-2 PAGE
INSURED'S NAME Russell Marine LLC OP ID:TS DATE 07/27/11
Coverage is primary and non-contributory.Waiver of Subrogation
is granted in favor of the City of Baytown and Port of Houston
Authority for the Workers Compensation policy.
Coverages afforded under the policies will not be canceled,
suspended,voided,or reduced until at least thirty.(30)
days' prior written notice has been given to The Clty of
Baytown via certified mail, return receipt requested