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Home My WebLink AboutC2006-364 - 8/14/2006 - NA MONITORING WELL PERMIT AGREEMENT THE ST ATE OF TEXAS COUNTY OF NUECES ~ " " T'hat the CIty of Corpus Christl (hereinafter the "City"), acting by and through its duly authorized City Manager. George K. Noe, for and in consideration of the sum of Two Hundred and Fifty Dollars ($250.00) 10 be paid In hand by Adams Engineering, lhereinatter the "Permittee") of 6320 Copeland Road, Tyler, Texas, does grant, upon the cunditions hereinatter stated, unto said Permittee, a monitoring well permit for the right to ll1stall, operak, mainuin, and remove a monitoring well, approximately 2-inches in diameter, 15- feet in depth, with an 8-inch steel man-way with locking cover, steel cover mounted with a 4-foot square flUlhed mounted traffic-rated well vault, for approximately a 24 month period, to be located on the east side of and within the Flour Bluff Drive right-of-way, just south of the Compton Road right-of-way, in the City of ('orpus Chnstl, T'.:xas as shown on the attached drawings marked Exhibit" A". 10 HA VE A:\iD TO HOLD the same unto Pen11ittee, its successors and assigns, together with the right and pnvilege under the conditions and tem1S hereof at any and all times to enter upon the above described lIght-of-way for the purpose of constructing, operating, maintaining, and removing of said 1110nilonng wells, and It is fwther understood that the foregoing monitoring well permit is granted upon the following cunditiol1s \. This monitonng well permitl11ay be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, Ilr designee ("City Manager"). 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, 'VHICH ARISE OUT OF OR IS IN ANY MANNER CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CO~NECTED 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, INVESTIGA TE ALL OF SAID CLAIMS AND DEl\IANDS, 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. Pemllttee moIst have and maintain commercial general liability insurance pertaining to the Monitonng Well PermIt Agreement and the activities authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit B. The insurance policies must name the City as an additionalll1sured. The insurance policies may not be canceled, renewed, or materially changed without 30 days ad, .Inee written notice 1) the City's Director of Development Services, or the Director's designee. The H.\eCIl\a:.q(, >>", '1"'_\\ ..11 ..n .. n,>,. ".,', .2.~1':;.r Page] of 5 2006-364 08/14/06 Adams Engineering ~,_.,..,_. Pem1ittee, or a representatiw or contractor of the Pennittee, may not perform any work authorized by this pem1it unti I the Permittee has presented evidence of the insurance coverage specified in Exhibit "B", sufficient tn satisfy the City\ Risk Manager. Upon request of the City's Risk Manager, the Permittee shall provide copies of allmsuranle policies to the Risk Manager. D Except as olhenvise provided herein, all work proposed will equal or exceed the Texas Commission on Environmel1lal Quality (TCEQ) and the Texas Water Well Drillers Board rules, regulations, and reqUirements for the II1stallation, monitoring, and removal of monitoring wells, I', At the time of removal, the Pem1ittee is required to backfill the monitoring well. At a !11lnW1Um, It the well falls inside existing asphalt pavement, the top ] O-feet will be filled with 3000 psi concrete and remaining deptb with bentonite. The City may elect, however, to fill the top 2-3 feet with soil, the next 10-feet with 3000 psi cuncrete and any remaining depth with bentonite. The alternate elective applies primaril y tu those mon itor Wl: lis which fall olltside of ex isting asphalt pavement. . . All applicable Federal, State, County, and City laws and ordinances shall be complied with and all necessary pennlts shall be secured from the appropriate agencies prior to obtaining this pem1it. Copies of said pen11lts shall he proVided to the City and attached hereto for all purposes as Exhibit "C". (l. 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 wells until after the Permittee or its contractor has filed With this, )ffice an approved traffic control plan from the City Traffic Engineering Office. Ii. All (_'Ity utility departments, AEP (American Electric Power), SBC (Southwestern Bell Company). TimeWarner, and Grande Communications and any other companies that may be affected by the l11onitoflng wells must be notified 48-hours prior to construction. ] -800-DIG- TESS, Lone Star Notification Center ( 1-800-669-8344) and Southwestem Bell Telephone (1-800-828-5] 27) numbers must be notified 48 hours pnor to construction fer existing utility location:-.. 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. Permittee wlil repair or caLIse to be repaired any damage to any landscaping, sidewalks, curb and gutter. driveway, street, ~anitary sewer, storm sewer, drainage facility, underground lines, wires or pipes owned by the City of Corpw- 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. All backfill and repmrs of am kind will be made according to City standards and/or City Inspector's request. All work and repairs \vill be .It Permittee's or its contractor's expense. L If a City Inspector is required at the job site, the Permittee shall pay adailyrateof$301.31 for each day spent inspecting construction, maintenance, repair, replacement, relocation or removal of the monitormg 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 01'$56.49 per hour. These funds shall be paid to the appropnate Citv department within the City of Corpus Christi. These amounts will be adjusted annually on August] to reflect any pay increase, 11: \,..\gen\ag06\lllon-wellladallls-enginel'rmg-2agr Page 2 of 5 ~'-- '\1. Should damage occur to a uti lity line so that sand or soil enters service lines causing problems and/or damage to plumbing ill private structures, Pern1ittee shall have sole responsibility for resolution with mdividual owners, including all costs assocIated with resolution. \i. No equipment or material may be stored or left overnight in City right-of-way. ( ) The Pern1ittce and/or Its Contractor wIll not clean equipment or material on site. P Monitoring wells will not protrude above the existing natural ground elevation, and a sealed covering w1l1 be provided to prevent surface water from entering into said monitoring wells. l..l. Pernllttee sh,dl adj ust or relocate the above described monitoring wells 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 ur for any other reason of the City stated in writing to Permittee. R. The constru( tion oftbe monitoring wells and the use of said area 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 1ll1es, or other uses, or the maintenance thereof. If City (or any company with existing uti I i ties located in sa I d righ t -0 1'-wa y) needs access to the right-of-way containing the monitoring wells, Pem1ittee shall be responsible for either repairing the monitoring wells to their original condition or removing the monitoring wells at which time this Monitoring Well Permit shall terminate immediately. :-'. The nghts 01 construction conferred herein shall not be assigned by Permittee without the prior written consent of the City 01 Corpus Christi The Monitonng Well Pem11t remains in effect during the Permittee's investigation and assessment of possible petroleum contamination. However, the Monitoring Well Permit expires 24 months from the date of issuance. Upon completion of the investigation and assessment the monitoring wells will be removed in accordance witll 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 0 f smd 24-month period, the TCEQ requires additional monitoring of the well, then the City shall grant to Permi ttee an additional 24-l11onth period in which to perforn1 the work under this permit provided Permittee pays an additional $270.00 to City for the 24-month extension. The Permittee shall notify the City's Departmen t 0 f Deve I opment Services, A-.In~..: Speciaj Services Engineer, 48 hours prior to removal of said l11onito[](}g~v.rlL . \Vritten noti,:e shall be directed: IF TO CITY City Development SL:rvices 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 ('hristi shall cause this Permit to become effective upon date of execution by the City Manager, as indICated b(~low 11: \... \gen \ag(16\mon-wcll\admns-enginel" ing-2 .agr Page 3 of 5 "'IlIlIJ!IIIIi,....,,- Acceptance 4... The aba. ve Pcrmit is hereby accepted and its tcrms and conditions agreed this the '" ~ay of 1v,1-- ,2006, by ~\.#...t''''''7. ~.....,~ , on behalf Adams Engineering, agrees to keep and perform the conditiuns imposed by said Pemlit and to be ound by all of the terms of same, By: Name:_--.J"'~7 j{2~ Title: 61.- ;#~g4 1of,.J./ P^Y~ ~.,....~ Acknowled2ment THE STATE OF TEXAS COUNTY OF NUECES rhlS instrument was acknowledged before me on A...~~ us+ \ Q ,2006, by . \...~.ftl...., 2......-1. An _______ of Adams Engineenng, a Texas Corporation, on behalf of said cOlporatlOJl r ~ ~ ~~ ~~- Notary Public, State of Texas ?J.::!o::!o::!o.........::!o::!o . SIMON ~ Public ~ of Texas ~ . Exp. 03-27-2007 ~ <;1 c;a", ~ ~~~ ~c;a ~ ce cec;a ce cece Printed Name: tvta.r ~ A... CS~ l"I'u.n Expiration Date: M.:aC"'e..~ 'L', "Z.oo, II: \... \genlag06 \n IOI1-wdl\adaln~ -engi 1111,' rll1g-2. agr Page 4 of 5 ~,."- :\ TIES'! /.{_ _ CLJC2 --tli~~~...~ City Secretary CITY OF CORPUS CHRISTI By: . Noe, City Manager ~/iiJo~ I Date: i\PPROVED ~_ day of AU9tJ.5t. 2006 By: THE STATE OF TEXAS COUNTY OF NUECES 4~'~~\ TAMERA L RILEY I.~/* co P - . i Notary Public \:~ STATE OF TEXAS ~J My Comm. Exo. 05-26-2008 Printed Name: This instrument was acknowledged before me on Noe, City Manager, of the City of Corpus Christi, Texas, a Tex corporation Expiration Date: 5JL~/(Jf I 11:\,.. Igen lag06\mon-v.e1lladams-enginnc r ing- 2. agr Page 5 of5 '...."....'...'.0_ ~~s, --!!!.C1 ) ~I"O.o ~~ ~ .~ ------ --_._-_._--~ c--~-t ~---~"-- FIGURE A PROPOSED WELL LOCATION s lWell 60 ~bc~Wll~ Q ,,~ ~ \ ~eil 5B~ \ IWe~r7dl Iwell3a\ . \ - -1~ r\t'1I~ \ ~ell 4B. ~e1l1 BI \=;_ ~ IWeV 2Bf ,,~[]]_ ~tS ~ ~" &!J IWell2D 200 I 400 I 600 I Wal-Mart Store No 490-05 Corpus Christl Texas ....,..-....'- SOur,., ~ - ~1IElJ. . IWell5CI . / I ./ j ;jl /1 I .. , IWell 40 Proposed Well8D / 800 I 1000 FEET I EXHIBIT A DATE 3/23/06 JOB NO. 2004-153 BY MEJ OTHER 8" STEEL MANWAY WITH LOCKING COVER. '-',,- " . - MIN 4" DEEP . W I NU zn::: ~:s => z z <( 2" WELL SCREEN --" NOT TO SCaE WELL DIAGRAM SHEET NO. 1 PROPOSED WALMART GROUND SURFACE ~ BORE HOLE MIN. 3" In LARGER THAN CASING x o n::: CL. CL. <( '---' ....J ....J W 3 u.... o I I- CL. W o ....J <( I- o I- GR VEL-SAND PACKING ~~~wn~ 6320 Copeland Road . Tyler. Te.... 75703 . (903) 324-lWOO EXHIBIT A PROJECT NO. 2004-153 DATE 12/6105 PROJECT MGR. JWR PROJECT TECH MEJ EXHIBIT B INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Permittee must not allow any subcontractor to commence work until a] I similar 1l1surance required of the subcontractor has been so obtained B. Permittee must furnish to the City's Rlsk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional lI1sured for the General liability policy. A blanket waiver of subrogation is required on all applicable pohcie~ I' ---- -. I MINIMUM INSURANCE COVERAGE I ! TYPE OF INSURANCE --. 30-Day Notice of Cancellation, non-renewal, material Bodily Injury and Property Damage change Of' termination required on all certificates I Corrilllercial General Liability ll1cludmg: S 1,000,000 COMBINED SINGLE LIMIT I 1 CommerCIal Farm I 2 Premises- OperatIOns 3 Explosion and Collapse Hazard 4 Underground Hazard 5 Products! Completed Operations Hazard 6 Contractual Liability 7 Broad Form Propeny Damage 8 Independent Contractors AUTOMOBILE LlABILlTY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED ! -- .. .. WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSA 1I01\ COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT I EMPLOYERS' UABlLIT'1 S500,000 -,--- PROFESSIONAL POLLUTION LL\BIUTY i S 1.000,000 COMBINED SINGLE LIMIT i ENVIR(l)NMENTAL IMPAIRMENT COVERAGE Not limited to sudden & aCCidental discharge; to include long- term environmental impact for the dIsposal of contaminants c In the event of accidents of any kind, the Pemlittee must furnish the Risk Manager with copies of all reports of any accidents within ten (l 0) days of any accident. Adams Engll1eering Monitoring well permit ms. leq EXHIBIT B n AD D fD_O N A L ~~Q UIJZEME:N'[~ "'.. PermIttee must obtam \' orkers' compensation coverage through a licensed insurance company in accordaIlle With Texas bw. The contract for coverage must be written on a policy with endorsements approved by the exas I lepaI1mcnt I)f Insurance. The coverage must be amounts sufficient to assure that all \\urkers ,umpensation (,bligatlons incurred by the Pem1ittee will be promptly met. B Certificate of Insurance * I'he City of Corpus Christi must be named as an additional insured on the General liability overage. and a ')lanket \\al ver of subrogation is required on all applicable policies. * I f your insurance company uses the standard ACORD form, the cancellation clause (bottom eIght) must be amended by adding the wording "changed or" between "be" and "canceled", ,iI1d dele1ll1g thl' \vords. "endeavor to". and deleting the wording after "left", In lieu of moddicatlon oj the ACORD form, separate policy endorsements addressing the same substanti ve reqlilrements are mandatory * fhe name of the project must be listed under "Description of Operations". * "'..t a mmllTIUm. a 30-day written notice to the City's Risk Manager of material change, cancellation, non-renewal or termination is required. ( If the Certificate oflnsurance on its face does not show the existence of the coverage required by items 1.B ! 1 H 8), an authorized representative of the insurance company must include a letter specifically stating whether Items I B. (1 )-(8) are mcluded or excluded. Adams Engineering MOnitoring well permit IOS. req. EXHIBIT B ~~ .."'4'. p~OOUCE~ (90l. 581-7077 Jim Wright Insurance 3907 5 Broadway Tyler TX 75701 ACOR.l DATE (MMIDDIYYYYI 06/19/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE FAX (903)581-2167 INSURED-Adams Consult ing E"ngi neers fri-c POBox 131599 Tyler, TX 75713 INSURERS AFFORDING COVERAGE ,'NSURERA Trinity Universal Insurance Co mSURERB Trinity Universal Ins. Co. :~.SURERC Texas Mutual Ins CO ~SURERD Continental Casualty Co NAlC# INSURER E CO. -- . THE POLlCIE$I)F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIR_NT, 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 POUCIES AGCltEGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~ TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE ~~1f..Y EXPIRATION LIMITS ~EHEAALUA8IUTY TXPS8959481405 06/10/2006 06/10/2007 EACH OCCURRENCE S ,X ~t.lERCIAl GENERAL liABiliTY DAMAGE TO RENTED S !~ CLAIMS MADE 00 OCCUR MEO EXP (Anyone punan) S 1.-- I - i PERSONAL & ADV INJURY S t- .j--- -- --i i ~N\. AGO. ReGA TE liMIT APPliES P9-=R I PCIlLICY!Xl ~:S IllOC AI.ITOMD8llE lIASIUTY --, X ANY A\)TC -- IIU. OWNED AUTOS - ~__ SCHEDUlED AuTOS I HIRED AUTOS - NON-OWNEO AUTOS I I A I \ h OEOUCTl!lLE IX1 JlETENTION S -- ~ WORKERS Ql)MpeNSATION AND EMPLO"" LIA8lUTY C AN'( PROPtIETOAIPARTNERiEXECllTlV, OFFICERiMBlBER EXClUDED? ~C~~be_ - -----r-- po;~ress1ona-l Liability AEHl13787815I06/10/2006 06/10/2007 D . Pollution Incident I ;abil itv ... i i I DESCRIPTION o,flPau.T10NS I LOCATIONS lIlEHlCLES' EXClUSIONS ADDED 8Y ENOORlIEMEN't (SPEC1AL PROV\lIlONlI I i B \ \ I A 1 , 000 , OO( 100 . DOC S .OOC 1,000,00 2.000,OOC 2,000, ODe GENERAL AGGREGATE s PRODUCTS. COMPIOP AGG $ TCA656435515 06/10/2006 06/10/2007 1,000,000 COl.tBINEO SINGlE liMIT (81 accicIenl) $ BODilY INJURY (Pet person) BOOIL Y INJURY (Per accident) ~ PROPERTY DAMAGE (Pet .a:idenI) ~- --- _ -. --.- ..-- I l~ARAiGE LIABILITY r.-..11M:Y AUTe I EXCqaJUM8RElLA LIA8ILLTY + ~ OCCUR D ClAIMS MADE I --T AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONt Y: EA ACC S AGG S EACH OCCURRENCE AGGREGATE s S S S $ 2 . 000 , 000 2.oo0.00( 06/10/2007 U0748161213 06/10/2006 1O.~ TSFOOI0143803 06/10/2006 06/10/2007 \ x I T~~~J~1N;:.1 IO~ E.~ EACH ACCIDENT $ SOO, 00(: E.l. DISEASE. EA EMPlOYEE S 500 ,000 E L. DISEASE - POLICY LIMIT S SOO. DOC) $2,000,000 Per Claim S2,000,000 Aggregate S 125,000 Deductible I ~ert;ficate Holder ;s included as Additional Insured with the exception of the Workers Compensation ~nd Errors and Ommiss;ons Coverage when required by ~ritten contract. A Waiver of Subrogation is also included when required by writen contract. ...... wnl n5=R I...Tln.. I 1 i SHOULD AHY OF THE ABOIIE DESCRIBED POLICIES BE CANCEU..ED BE~ORE THE EXPIRATION OAn THEREO~, TNE ISSUING INSURER WILL ~~>> MAlL -1L DAYS WRITTEN NOTICE TO THE CERTifICATE HOLDER N.....ED TO THE lEFT, ~~~~Ii~JUxtOCXpl6~_1JIiJiiJI...lCX) ~~)(j)j~gXtlt>>NM~I(~~~itXOit~XXXXXXXX) ()~ ~_ / t:fa--" k rr ~ \ i I \ City of Corpus Christi 2406 Leopard. Ste. 100 Corpus Christi TX 78408 AU1liORiZEO REPRESENTATIVE IJames Wriqht/ESE ~ACORD CORPORATION 1988 ACORD 25 (2001/08) EXHIBIT B -.--