HomeMy WebLinkAboutC2006-009 - 1/17/2006 - NA
MONITORING WELL PERMIT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
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That the City of Corpus Christl (hereinafter the "City"), acting by and through its duly authorized City
Manager, (Jeorge K. '\Joe. for and in consideration of the sum of Two Hundred and Fifty Dollars ($250.00)
to be paid If1 hand by Adams Engineering, (hereinafter the "Permittee") of 6320 Copeland Road, Tyler,
Texas, doe, grant, upon the cl1l1ditions hereinafter stated, unto said Permittee, a monitoring well permit for the
nght to 1I1stall, operate. maintain, and remove a monitoring well, approximately 2-inches in diameter, 15-
feet in depth, with a locking cap and 12-inch bolt-down, steel cover mounted with a 4-foot square
flushed mounted traffic-rated well vault, for approximately a 24 month period, to be located on the west
side of and within the Flour Bluff Drive right-of-way, in association with Adams Engineering, in the City
dfCorpllS Christi, Texas as shown on the attached drawings marked Exhibit "A".
T<) 11A VI: A\)D TO HOLD the same unto Pemlittee, its successors and assigns, together with the
nght and pnvilege under the conditions and temlS hereof, at any and all times to enter upon the above
described right-of-way for lhe purpose of constructing, operating, maintaining, and removing of said
monitonng wells, and It h further understood that the foregoing monitoring well permit is granted upon the
following conditions
A. ThiS monitonng well permit may be revoked at any time upon the giving 01'60 days notice in
writing by the City of Corpus Christi's City Manager, or designee ("City Manager").
B. PERMITTEE, ITS Ol<~FICERS, 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, A.1\'D 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 DA'\1AGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR IS
IN ANY MANNER CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY
WA Y 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. 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.
C. Permittee mLlst have and maintain commercial general liability insurance pertaining to the
\lonitoring Well Pemlit Agreement and the activities authorized by this Agreement, in the minimum amounts
set forth ill the attached and incorporated Exhibit B. The insurance policies must name the City as an
additional Insured. The insurance policies may not be canceled, renewed, or materially changed without 30
Jays ad\'aJ1L'C written notice !<' the City's Director of Development Services, or the Director's designee. The
2006-009
01117106
Page 1 of)
Adams Engineering
Pernlittee, or a representative or contractor of the Pernlittee, may not perform any work authorized by this
permit until the Permittee has presented evidence of the insurance coverage specified in Exhibit "B",
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 equal or exceed the Texas
Commission on Environmental Quality (TCEQ) and the Texas Water Well Drillers Board rules, regulations,
and requirements for the Installation, monitoring, and removal of monitoring wells.
E At the tnne of remO\al, the Pernlittee is required to backfill the monitoring welL At a
mllltmUm, 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 outside of existing asphalt pavement.
F. All apphcable Federal, State, County, and City laws and ordinances shall be complied with
and all necessary pennits shall be secured from the appropriate agencies prior to obtaining this permit. Copies
of said permits shall be provided to the City and attached hereto for all purposes as Exhibit "C".
G. No public stIcet, or any portion thereo( shall be closed or barricaded to use by the public for
the purpose of installing, repairing, or maintaining the monitoring wells until after the Permittee or its
contractor has filed with this \ ,ffice an approved traffic control plan from the City Traffic Engineering Office.
H. All CIty utilIty departments, AEP (American Electric Power), SBC (Southwestern Bell
Company). TimeWarner, and Grande Communications and any other companies that may be affected by the
monitonng wells must be notified 48-hours prior to construction, 1-800-DIG-TESS, Lone Star Notification
Center ( 1-:-\00-669-8344) and Southwestern Bell Telephone (1-800-828-5127) numbers must be notified 48
hours prior to construction for existing utility locations.
L Construction plans and specifications for all work proposed will be submitted to the
Department of Engineering for approval prior to beginning construction. The plans must show the depth and
locatIon of the proposed construction and distance from the existing water, storm, wastewater, and gas lines.
1. Permittee wlll repair or cause to be repaired any damage to any landscaping, sidewalks, curb
and gutter. driveway, street, sanitary sewer, stonn 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 wells.
K. A City Inspector may request a utility line to be uncovered to verify its depth and/or location.
-'\ll backfill and repairs of any kind will be made according to City standards and/or City Inspector's request.
-'\11 work and repairs will be at Permittee's or its contractor's expense.
L. If a City Inspector is required at the job site, the Pernlittee shall pay a daily rate of$301.31 for
each day spent inspecting construction, maintenance, repair, replacement, relocation or removal of the
monitoring wells pursuant to the monitoring well pernlit. 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$56.49 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 August 1 to reflect allY pay increase.
11:. _. .\gcn\ag06 llli.m~well\adallls-C'nginerrmg.ilgr
Page 2 of 5
M Should damage occur to a utility line so that sand or soil enters service lines causing problems
and/or damage to plumbing in private structures, Pern1ittee shall have sole responsibility for resolution with
lI1dividual ()wners, including all costs associated with resolution.
'\J. No equipment or material may be stored or left overnight in City right-of-way.
O. The Permittee andior Its Contractor will not clean equipment or material on site.
P. Monitonng wells will not protrude above the existing natural ground elevation, and a sealed
covering Will be provided to nrevent surface water from entering into said monitoring wells.
Q. Permittee shall adjust or relocate the above described monitoring wells at its own expense, if
necessary fur the present or future construction of any public utilities, or change in street grade or pattern on
the streets IX for any other reason of the City stated in writing to Permittee.
R. The construction of the monitoring wells and the use of said area hereby granted shall in no
way mterfere 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 wells,
Permittee shall be responsible for either repairing the monitoring wells to their original condition or removing
the mOJ1ltonng wells at which time this Monitoring Well Permit shall tern1inate immediately.
S. The rights ot construction conferred herein shall not be assigned by Permittee without the prior
written consent of the City ot Corpus Christi.
r. The Monitonng Well Pem1it remains in effect during the Permittee's investigation and
assessment of possible petroleum contamination. However, the Monitoring Well Pern1it expires 24 months
from the date of issuance Upon completion of the investigation and assessment 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, or its successor agency in Austin, Texas. Provided, however, that ifat
the end of said 24-month period, the TCEQ requires additional monitoring ofthe well, then the City shall grant
to Permittee an additional 24-month period in which to perforn1 the work under this permit provided Permittee
pays an additional $270 00 10 City far the 24-month extension. The Permittee shall notify the City's
Department of Development Servi~A TI~,-: Special Services Engineer. 48 hours prior to removal of said
monitoring well.
U. Written notice shall be directed:
IF TO CITY.
City Development Services Director
2406 Leopard Street Suite 100
Corpus Christi, TX ~8408
IF TO PERMITTEE:
Adams Engineering
6320 Copeland Road
Tyler, Texas 75703
The City of Corpus Christi shall cause this Permit to become effective upon date of execution by the
City Manager, as indicated below.
h. .... .. \gen\ag06 \rl1on-well\adal1l;;-engineenng. agr
Page 3 of 5
Acceptance
The above Pemlit is hereby accepted and its temlS and conditions agreed this the /?K day of
, -,~, I
J,,? " "~:L,~-, 2006, by ,il - .' l' ( V<, c'-' ,t,<- , on behalf Adams Engineering, agrees to
keep and perfonn the conditions imposed by said Permit and to be bound by all of the terms of same.
t 1: ,/ I // ;/;/,
By: ~tL~') L ,.f..:' <f..(fL^=:r
Name: -tel ,,' C \~ t c':~ct\e_
Title: ~: ('c h, ,,,1 E h~" (~VI ~( Ev; in""''''''' ( 1--7/
Acknowledl!ment
THE ST ATE OF TEXAS
COUNTY OF NUECES
ThIs instl)4ment,,;1t't}ls 3f~owledged before me on _ J a I\.c)ct ,~ ,2006, by
_DCi\.v; d L. ~11~ -e.-__~ of Adams Engineering, aTe S orporation, on behalf of said
corporation _' ~i ---...,
~'/:-~~~:;'~R~E~~:;:-~:l,\ ~. ~
i\ ..... d' ,.. .~. , NO(~~Ubl c~lT.;;';>>wf"-:
\~ :"" " ~ ' ':""''''101' ;:." € J /"J S
!'-.<)..! :.,prli Ill. 20"! ~ f ~ ~ I
~~ .:;::.....-- ..... -.0;::::::...-..... Printed Name: l~~l lAU; I\e.. tr\;-r'^-
Expiration Date:
'if,. J 0 .d-CJD 9
h :-, _.. \gen\ag06 -. 111on- we ll\adams-enginnc nng. agl
Page 4 of 5
,\ TTEST:
('ITY OF ~ORPUS CHRISTI
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__-+~~Strt . .'~.
City Secretary
,
By: (~~~/~e, City Manager
/ 1_[> Y
Date:
APPROVrD:
~ da) of ~I(~
(" y
By:
2006
City Attomey
THE ST ATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on lllLlUL~, /'7 ,2006, by George K.
Noe. City Manager, of the City of Corpus Christi, Texas, a Texas Municipal Co~oration, on behalf of said
~orporatlOn /, ('
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I ,tt' u\. c 1nOle Par~"
i? 1_ c; My Con,mlss.on E,p"es :';otary Public, State of Texas
:.~, co
i '\~. .~.. NGyemoelJ9 2007
c, Of, -_--' _ ,-
Printed Name: ,
Expiration Date:
\gcn \ag06\1l1un-well\adal11s-enginnl.'rl ng.agl
Page 5 of 5
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PLAN OF BORINGS
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Corpus Christi. Texas
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EXHIBIT A
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DATE 11/30/05
JOB NO. 2004-153
BY JWR
OTHER
- TEE_ S t=Tv'E W n LOCKINC - OV R.
~,LEEiE WILL S:CK UP AT ,-EAST
A.BOVF .ROUND SURFA' E
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WELL DIAGRAM
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BORE HOLE MIN. 3"
LARGER THAN CASING
CRAVEL-SAND PACKING
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6:\20 Copeland Road' Tyler, Texa, 75703 . (903) 324-8400
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EXMIBIT A
PROJECT NO.
2004-153
DATE
12/6/05
PROJECT MGR.
JWR
PROJECT TECH
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EXHIBIT B
INSURANCE REQUIREMENTS
PERMITTEE'S LIABILITY INSURANCE
A Permittee must not commence work under this agreement until all insurance required herein has been
obtamed and such msurance has been approved by the City. The Permittee must not allow any
subcontractor to commence work untIl all similar insurance required of the subcontractor has been so
obtamcd
B. PermIttee must fumish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing
the fol1o\\ ing minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The
City must be named as an additIOnal insured for the General liability policy. A blanket waiver of
subrogatIon is required on all applicable policies.
r-"--- ..-- -
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
f---- "-
,
I 30-Day Notice of Cancellation, non-renewal, material Bodily Injury and Property Damage
change or termination required on all certificates
~-
, Cllllmercial (,encral LIability illc:luding: S l.nOO,Ooo COMBINED SINGLE LIMIT
1 I CommerC:Jal Form
:2 Premise, Operations
3 Explosiun and Collapse Hazard
I 4" Underground Hazard
I
I 5" Produebi Completed Operations Hazard
I
i 6" Contractual Liability
i 7 Broad Furm Property Damage
i 8 Independent Contractors
~
! AUTOMOBILE L1ABILlTY~()W:\ED l\Ol\-OWNED SI,OOO,OOO COMBINED SINGLE LIMIT
I
I OR RENTED
!
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WHICH COMPLIES WITH THE TEXAS WORKERS'
, WORKERS' COMPENSATIOl\ COMPENSA nON ACT AND PARAGRAPH II OF THIS
i
EXHIBIT
i E'vll'LOYERS'L1ABILITY 5500,000
!
i PROFESSIONAL POLLUTIOJ\ LIABILITY! S 1,000,000 COMBINED SINGLE LIMIT
I 1 E:\1VIRONMENTAL 1M PAIRI'vlENT COVERAGE
i NOl limited to sudden & accidental discharge; 10 include long-
I
i term environmental impact for the disposal of contaminants
L-___ _
C In the event of accidents of any kind, the Pem1ittee must furnish the Risk Manager with copies of all
reports of any accidents within ten (10) days of any accident.
Adams Engineering MOIlltorIng \H'!I permit illS. req"
! -6-06 ep Ri,k Mgmt
11 ADDITIONAL REQUIREMENTS
A Pem1iUee must obtain workers' compensation coverage through a licensed insurance company in
accordance wi th Texas law. The contract for coverage must be written on a policy with endorsements
approved by the Texas Department of Insurance. The coverage must be amounts sufficient to assure
that all workers' compensation obligations incurred by the Permittee will be promptly met.
B CertIficate of Insurance
*
The City of Corpus Christi must be named as an additional insured on the General liability
,:overage, and a blanket waiver of subrogation is required on all applicable policies.
*
[fyour 1I1surancc company uses the standard ACORD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed or" between "be" and "canceled",
and deleting the words. "endeavor to", and deleting the wording after "left". In lieu of
modification of the ACORD form, separate policy endorsements addressing the same
substantive reqUirements are mandatory.
*
The name of the project must be listed under "Description of Operations".
*
At a minimum. a 30-day written notice to the City's Risk Manager of material change,
cancellation. non-renewal or termination is required.
C Ifthe Certificate oflnsurance on its face does not show the existence ofthe coverage required by items
I, B (I )-(8), an authorized representative of the insurance company must include a letter specifically
stating whether items I B. ( I H~) are included or excluded.
AJanls Engineering Monitoring well pCfllllt IllS req
I -0(,.1}6 ep Risk M I,':mt
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I A~QR1l CERTIFICATE OF LIABILITY INSURANCE D;~~(~~;~/~~;)
I ~RODUC[;::- (903) 581: 7077 FAX (903)')81-2167 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I'im 'w,'ight Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
! ~907 '). BroadwiJv ~fi~~~i;1H~~e~~r~~C:;~cfR~~ ~<;'\~~~~LIE~l:~~L~~.
i ( TX 7r,7(1 ..---- I
! ' INSURERS AFFORDING COVERAGE I NAle #
['"SURf: il.damsConsllTtlilg E'nglneer- , Inc .r,suR,.Ri\Triiliiy' Universal Insurance Co I
o Box F 1599IN-;,~j~-,-i_~-Trinity Universal Ins .Co. I
\let 'x -;71 'NSUF=RC Texas Mutual Ins Co I
:'~sljF~~~_~c:.ol1~in~l1tal Casualty Co I
',SUkR. E I
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COVERAGES
rl THE POliCIES OF ir,SUR"NCE liSTED BICLOWiAVE BEEN ISSUED TO THE INSURED N."MICD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
4N\ ~ ~c.;UIREMENT, TC'RM OR CONDiT'U, OF ;NY CONTRACT OR 0' HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
II,A'" . [FCAIN. THiO IkuR".NCE AFFORDED B. THE FOLIC ES DESC'<iBED HER>=:iN IS SUBJECT TO ALL IdE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLi' S AGGRE::iAl clMiTS SHe,\'>I', I\~AY H~VE GLEN r'EDL:CED BY PAID CcL,Hv1S.
INSR ,A,iJ[,: . ~u -;::;~~~F IN~~~~- .. ---;;;:~~ ~~-;:'-B~R -~I POLICY EFFECTIVE I POLICY EXPIRATION I
:-T8.~ih~ . _~___._._ __ _._______ _ 'L. DATE fMMtODIYY\ I
'~ENERt.LLlA.BH TXP889594814051 06/10/2005 I 06/10/2006 [ACHOCCUrmENGE
CAMAG: TO RENTED
..E p. -- )
r M~D EXP (Anyone person)
I PERSONAL & A:JV INJLJRY
I_GEI~ERAL AGGREGATE
I PRODlICTS. COMP/OP AGG
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I COMBINED SINGLE LIMIT
I (Ea a:~cjdel1t}
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I BODIL Y IN~ URY I S
I (Per person) I
L-.----- ---__+__
I BOD'L I' INJURY i
, (Per accident) I s
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I PROPERTY DAMAGE
(Pe, aCCident)
LIMITS
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<- 1 PO~!C~_ ~-X.__ i ~~g ~__ ___~:~:
AUTOMOBILE Lli\BIUTY
-fCA65643srulo6/10)200 5
06/10/2006
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EA ACC
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--- U07X8-i61213106/10/Z00S
06/10/Z006
~CH OCCURRENCE
i AGGREGATE
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EXCESSlUM6RE_Lf. L1ABILlT'Y
-xl GCCU" C_A,I,:o'i'D,
\ .4,
: Dc.OU . liB
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r-- ~T;(>F<r;ERS COMPENSA]'~;N ANO.--------- -r--
i Er,"LOYERS' L1ABILlT'
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. TSFOoicl14-38031 06/10/2005
06/10/2006
l,OOO,OO~
100. 0001
5,000
1,000,00
2,000,00
2,000,00~
S
1,000,00
i $
1$
I
1$
I ~,~-; oescnbi: ;"':il\Jer
~_,. _~~CIA'- PROVlSiONS_i:~_._______.~__ __ ___.., I
I i~~~Yessional Liability ,<\EA1l3787815: 06/10/Z005 I
I 0 ~ Pollution Incident ,
i lLiability : . !'
rDESCRlP~ION OF OPERi>TIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMEOiT I SPECiA.L PROVISIONS
~onitoring Well Permit - Flour Bluff Drive ROW.
$ 500,00
E L. DISEASE, lOA EMPLOYE $ 500,00
E,". DISEASE. POLICY LIMIT' $ 500,00
06/10/Z0~ $2,000,000 Per Claim
, $2,000,000 Aggregate
i
(: I
"-'RGPRIETORIP"'.;";:T t..;:::R'LXE,
;.:CFi='VMr::M3Er-., EX' :JDEG';
tertificate Holder is included as Additional Insured with the excepbon of the Workers Compensation
~nd Errors and Ommissions Coverage when required by written contract. A Waiver of Subrogation
ts also included when required by writenu~~:~~act.
CERTIFICATE HOLDER __ '_' ____, _ CANCELLATION
City of Corpus Christl
2406 Leopard, Ste. 100
Corpus Christi, TX 78408
Should any of the above policies be changed or cancelled
before the expiration date thereof, the issuing insurer will
mail 30 days written notice to the certific.ate holder named
to the Idt.
4:XHib:-;r
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108) @ACORD CORPORATION 1988
/d;