The URL can be used to link to this page

Home My WebLink AboutC2006-514 - 10/25/2006 - NAMOIYITORING VVELL PERMIT AGREEMENT THE ST:~TE OF 1~E.~AS ; CO[ ~NTY OF I~UEC~E:S ~ l~hat the C iri uf Corpus Christ~ ~ hereinafter the "Citti~'~), acting by and through its duly authorized City Manager. George It yNoe. for and in consideration of the sum of Five Hundred Dollars ($500.00) to be paid in hand by ~dams Engineering. (hereinatter the ~`Permittee") of 6320 Copeland Road, Tyler, Texas, does grant, upon tl~e eonditions hereinafler stated_ unto said Permittee. a monitoring well permit for the right to install, operate, maintain, and remo~e two monitoring wells. approximately~ 2-inches in diameter, 15-feet in depth, w~th a 8-~nch steel man-wa~ with lock~ng cc~~er, steel ~o~er mounted with a 4-foot square flushed mounted traft~c-rated wel( vault, for ap~ro~imateJ~~ a~~3 month period, both to be located on the east side of and within the Flour B(uffDrive right-ot=wa~. one monite>ring well (MW-l H), south ofthe Compton Road right-of-way, and ~~ne munitoring well (MW'-2H)_ n<~rth uf rhe Compton Road right-ot=way, in the Ciry ofCorpus Christi, T~sas as shown on rhe attached drawii~gs rnarked Exhibit "A". 1~0 HAVE. ,AtiU ~T(; H(~LD the ;ame unto Permittee, its successors and assigns, together with the ri~ht and privilege under thr conditie~ns and terms hereof; at any and all times to enter upon the above de~cribed right-of-wa~ for the purpose ~~t ~unstructing, operating, maintaining, and removing of said monitoring wells. and it is further underste~od that the foregoing monitoring well permit is granted upon the followin~; cunditiom: ~_ ~I~hi~ monitonng well perrr~it may be revoked at any time upon the giving of 60 days notice in writing h~~ the Ciri~ of C'orpus Christi's Cit~~ !~lanager. or designee ('City~ Manager"). B. PERMITTEE, [TS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, A'~iD LICENSEES (HEREINAFTER CALLED "PERMITTEE") SHALL FULLY INDEMNIFY, SAVE A1~TD HOLD HARMI_,ESS THE CTTY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, .AND I1vVITEES ("INDENINITEES") AGAINST ANY AND ALL LIABILITY, DAM.~GE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE V~"HATSOEYER ON ACCOL"N7 OF PERSONAL INJURIES (INCLUDING, WITHOUT LIIVIITATION ON THE FOREGOING WORKERS' COI~ENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DA~VIAGE OF ANY KIND WHATSOEVER, WHICA ARISE OUT OF OR IS IN ANY MANNER CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY VVAY CO!vNECTED WITH, THE PERFORMANCE OF THIS PERMIT, INCLUDING SAID INJtiRY, LOSS OR DAMAGE CAL SED BY TI~ SOLE OR CONTRIBUTORY NEGLIGENCE OF T'I~ INDE11~iNITEES OR A1~Y OF THEM. PERMITTEE SHALL, AT TTS OWN EXPENSE, INVESTI(GATE ALL OF SAID CLAIMS AND DEMA~'YDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFENll ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNTTEES :~ND PAY" ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF A1vY KIND ARISING FROM ANY OF SAID LIABILITY, D,~:~iAGE, LOSS, CLAIMS, DE?VIANDS AND ACTIONS. C. Permittee must have and maintain commercial general liability insurance pertaining to the Monitoring Well Permit Agreement ana the activ ities authorized by this Agreement, in the minimum amounts ~et fc>rth in the attached and incorporated Exhibit B. The insurance policies must name the Gity as an 2006-514 '~~' 10/25/06 Adams E:ngineering _. _. .. ~ a,,. ~.,~ Page I of ~ ~~~~~~~ addit~onal insured. Th~ insurance poli~ies n~a~ not be vanceled. renewed. or materially changed without 30 da~~, advance written notice t~~ the Cin~~ Director of Development Services, or the Director's designee. The Permittee. ~~r a representati~e or cuntractor ~~t the Pern~ittee. may not perform any work authorized by this permit until the Permittee has presented e~~idence ot the insurance co~erage specified in Exhibit "B", ~ufficient tc~ satisth the tit~'S Risk Manager Upon reyuest of the City's Risk Manager, the Permittee shall pr:~vide ~~~pies of all in;uranc~ policie~ ro the Risk Manager i? ~ xcepi a, <~therw~ise pro~ ided herein. all work proposed will equal or exceed the Texas ;'~>mmissron on Environmental Qualit~ ~T~~E:.Q) and the Texas Water Well Drillers Board rules, regulations, an~ requirements t~~r the installation. monitoring, and removal of monitoring wells. t At the time ,~f remo~°al, the Permittee i~ required to backfill the monitoring well. At a m~nimum~ ~f the well falis inside e~isting asphalt pa~ement, the top 10-feet will be filled with 3000 psi concrete and remaining depth with bentonite. The Citv mav elect, however, to fill the top 2-3 feet with soil, the nert 10-feet with 3000 psi concrete an~ an~ remaining depth with bentonite. The alternate elective applies pr~maril~ t~ those monitor we(Is which fall outside of eYisting asphalt pavement. f~ alE applicabl~ Federal_ State. Count~. ind City laws and ordinances shall be complied with and all necessary~ perrn its shal I be secured from the apprupriate agencies prior to obtaining this permit. Copies of said permits shall be provicied to the Cit~ and attached hereto for all purposes as Exhibit "C". t r tio public strtet, t~r an~ portion thereof. shall be closed or barricaded to use by the public for thr purp~~se of installing, repairing, ~~r maintaining the monitoring wells until after the Permittee or its ~ontraetor has filed with this <~t~ice an appr~~~ed traffic control plan from the City Traffic Engineering Office. !I ,~II C~r~ util~ty depanment~. 4EP (American Electric Power), SBC (Southwestern Bell C:c~mpan~ t, rimeW'arner. and Grande (<~mmunications and any other companies that may be affected by the munitoring wells must t~e notitied 7?-hours pi-ior to construction. 1-800-DIG-TESS, Lone Star Notification Center (1-800-669-83~-~) and Southwestern Bell Telephone ( 1-800-828-~ 127) numbers must be notified 48 hours prii~r to construction fc~~ existing utilit~ locations 1_ C:onstruction plans anci specification, for all work proposed will be submitted to the Department of Engineering fior appro~al priur to beginning construction. i~he plans must show the depth and location c~fthe proposed construction and distance from the existing water_ storm, wastewater, and gas lines. J Permittee wii I repair or cause to be repaired any damage to any landscaping, sidewalks, curb and gutter, drivewa~. street. sanitac-y se~~er, storm sewer, drainage facility, underground lines, wires or pipes owned b~ the Cit~ of Corpus Lhristi or holders of any firanchise from the Ciry, resulting from or caused by reason of construction. uperation. maintenance and/or remova( of said monitoring wells. I~. A Cit~ Inspeetor may request a utility line to be uncovered to verify its depth and/or location. All backtill and repairs of am kind wilf be made according to City standards and/or City Inspector's request. ~1! work and eepairs will be at Permittee's or its contractor's expense. L If a C: ity [nspector is req uired at the job site, the Permittee shall pay a daily rate of $301.31 for each day spent inspecting cc~nstruction, maintenance. repair, replacement, relocation or removal of the mcmitoring wclls pursuant to the monit~~ring well perm~t. Any time in excess of eight hours per day and any Page ? of ~ h_ ~_ gen~Ag(1h~.mon-well~adams-~ng-mw s h-mw_'h a~r ~ime t~n Saturday~. Sunda~~ or F lolida~~s ~hall be calculated at a daily rate of $~6.~9 per hour. These funds sha(I he paid tcl the appropriate Cin department within the Cit~ ~~fCorpus Christi. These amounts will be adjusted an~~ually ~7n August ! t~~ _retle~~t am pa~ increase 11. Shoul~ damage occur i:> a utility (ine ,c~ that sand or soil enters service lines causing problems and~or damage to plumbing in pri~ate .truchires. Permittee shall have so(e responsibility for resolution with indi~~idual ~~wnera_ including all ci~sts a~sociated with resolution. '~ ?vic eqiiipment or rnaterral mar be stored ur left overnight in City right-of-way. (~~ The Permittee and!or irs Contractor will not clean equipment or material on site. F' '~lonitorin~. ~~ells ~tiill not protrude above the existing natural ground elevation, and a sealed ;:overing w[Il be pr~~~~ided to ~re~ent surface water from entering into said monitoring wells. t;~_ Pei~rnittee sha(I adjust ~~r relocate the abvve described monitoring wells at its own e~pense, if necessar~ fi~r the present or future constructic~n of an~~ public utilities, or change in street grade or pattern on the streets t~r for an~ ~~ther reason of th~ Cit~ 5tated in writing to Permittee. R_ ~~he construction ofthe moniroring wells and the use of said area hereby granted shall in no wa~ intertere with the ~onstruction or operat~on b~ the Cit~ or any of its franchisees of any existing or future proposed sidewalks, utilit~~ lines_ or other uses, or the maintenance thereof. [f City (or any company with ex isting utilities located in said right-of= wa~ ) 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 monitoring wells at which time thi~ 'Vlonitoring Well Permit shall terminate immediately. ~ ~fhe r~~ht~ of .:on~truction con Ferred herein shall not be assigned by Permittee without the prior written cun~er~t of the C'it~ of Corpus C~hristi 1 The '~1onitor+ng Well Pennit remain, in effect during the Permittee's investigation and assessment of possible petroleum contamination. However, the Monitoring Well Permit expires 24 months firc~m the date of issuanee. l~pun completion ofi the im-estigation and assessment the monitoring wells will be removed in accordance with the then current requirements of the City of Corpus Christi and the Texas Cc~mmission on Environmenta( Quality ~r its successor agency in Austin, Texas. Provided, however, that ifat the end ot said 24-month peric~d, the TC EQ reyuires additional monitoring ofthe well, then the City shall grant to Permittee an additional ?-1-month period in which to perform the work under this permit provided Permittee pa~s an additional $~,0.00 to Cit} tii~r the ~-3-month extension. The Permittee shall notify the Citv's De artrnent of Deve~ment ~ervices, ~T"IT;,_ S;pecial Services Engineer. 48 hours prior to removal of said ~npnitati~~~well Written notice shall be directed: I F I~O C[TY' : lF T'O PERMITTEE: Citv Development Services Director Adams Engineering ~~306 Leopard Street. Suite 1 D(~ 6320 Copeland Road Corpus Christi. TX 78408 Tvler, Texas 75703 Page 3 of 5 h:~, ~~en1eg06\mon-well~adams-eng-mµ~~h-mw3h.agr 1 he Cin~ uf C~~_~rpus (~hristi shail cause this Pennit to become effective upon date ofexecution by the C'~tti Mana~er. as indicared b~lo~ Acceptance l~he above Permit is hereby ac epted ~nd its terms and conditions agreed this the ~ day of ~~r~~r.~-__ _~.fJ1 i : y..: _. . 2006. b~ ~` ~~~,~ ___L~~t .____ _, on behalf of Adams Engineering, agrees to keep and perform the conditions imposed b~~ said Permit and to be bound all of the terms of ine. gti : l'e ~ ~ ~ ,F~~' ~'~ ~'k= '~ Name: ~A W i ~ ~ . ~'~- ~~ ~ ~e Title: ~~~ ~~ ~~ ~ tt+~ t~ f 1``nv, ~o~i r~~ ~t~-~~~u--jt~~ a ~ ° ~% Acknowled~ment THE STE'~TE OF T~EX.4S Ct)LNTY c)F Nl;"ECFS T h is instrurrl~nt was acknowledged before me on ~,k ~~'~T~! ~ r ~~ , 2006, by 1~%,~ ;_d ~. ~`~ ___(,~ L~ (~__ __,~f Adam, En gineerin g, a Texas co r poration, on behalf of said corporati~n ~ --~ ('~1 ~ ~. t/ ~ ~ ~.v1 ~ _~ cnfMEa~E sM~z~ ~~ Notary Public. State of Texas :orara P~plic, STate o~ ` •' i'~ ~v5 ~ C~~~nu55~On ~xA- " ~~,;;~;.~_ "~'~._._ 1020~ ------~ Printed Name: ~`Ca~~efi~tt ~/Y~~ ~~ Espiration Date: ~- r0-~~~ ~ Page 4 of 5 h' genlagil6'~.mon-welf~adamc-eng-mu i h-m~ 2h ag~ a ~ TES~ , - - --L- Cit~ Secretary Ai'PRO~~~ E D: C[TY OF CO PUS CHRISTI B~: G rg . Nce, City Manager Date: G ~~' ~ ~~ ~~~~ ~`~~' dati of ~Ck.~r --- 2006 B~: • . _ ----_ - __ _ G . Smith. a~sistant Cit~ Atti~rne~ THE STATE OF TE~XAS COUNTY OF N~~ECES ~ 4 ~ ~ ~~ ~ ~~ i his instrument was acknowledged before me on ` , 2006, by George K. ~iue. Cih Manager, of the City of Corpus Christi, Tesas. a Tesas Municipal Corpora ~ n, on beha(f of said , corporation , -, , c~^~ ` ~`~G ..p`~. ~ _ ___ --- ~~ " ?,~•J ~~' . Pb -. ,~, n~ .c ~i ~~ ~ ~~` Notary Public, State of `Cexas 2~Y p,n~ . Stifi, fl G%~}IfP< ~I :.. ~ c 'V. „r~f"1 e '.: j 0~' ~ , _ _.,.~ ._ ______ ~o` `~ _~--""'""'~` printed Name: Expiration Date: Page ~ of ~ ~: genlagU6~mon-wellladam~-eng-m~~lh-mw3h.agr ~2H -~' o~ ~4 J @v J~ 4~ ~iH ~ Cp~pl ~ ~R/~,E, EXHIBIT A I ~ ~ 75 150 225 300 375 FEET L- [ i DATE 9/5/06 ~ PROPOSED WELLS ams JOB NO. 2004-153 ENGINEER~NG BY ~'"~ i C;orpus ChristL Texas OTHER 8" STEEL MANWAY WITH LOCKING ~-PLU~~. -~ MIN 4" OEEP C~JNCRETE ~-- ~ z w~ ~ ' N , ''', Z ~ ~ ~ ~ ; Z ~ Z, Q i 2" WE~.L SCREEN NOT TO SCALE ( WELL DIAGRAM SHEET NO. ~ .. 1 ~ PROPOSED WALMART ~ ENGINEERING ' &120 Copdud Road •'f~ler, Tena 75709 •(~.9) 524-9100 EXHIBIT A PROJECT NO. soa-,sa DATE ~zre~ PROJECT MGR. ~ PROJECT TECH . MEJ EXHIBIT B INSURANCE REQUIREMENTS I PERMITTEE'S LIABILITY INSURANCE ~. 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 all similar insurance required of the subcontractor has been so obtained. B. Permittee must furn~sh to the Ciry' ~ Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum ce~verage by insurance company(s) acceptable to the City's Risk Manager. The Citv must be named as an additional insured for the General liability policy. A blanket waiver of subrogation is required oi~ all applicable policies ~-_ ~ "TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day ~iotice of Cancetlation, non-renewal, material Bodily Injury and Property Damage change or termination required on all certificates i'ummerciai General Liability :ncluding: 51,000,000 COMBINED SINGLE LIMIT I Commercial Form _. Prertuses - Operations .. Explosior. aad Collapse Haza: d -~ Underground Hazara _ Products/ Completed Operatiuns Hazar~i 6 Contractual Liability - Broad Form Property Damagc ~. Independent Contractors AUTOMOBILF. LIABILITY -OWNl~D tiON-t)WNEI~ $1,000,000 COMBINED SINGLE LIMIT l)It RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' w"ORKERS' CONIPENSATIO'v COMPENSATION ACT AND PARAGRAPH II OF THIS E XHIB IT EtiIPLOYERS' LIABILITY $500,000 PROFESSIONAL POLLUTION LIABILITY/ ~1,000,000 COMBINED SINGLE LIMIT E:~IVIRONMENTAI. IMPAIRMENT COVERAGE Not iimited to sudden & accidental discharge; to include long- term envuonmental impact for the disposal of contaminants C In the event of accidents of any kind, the Permittee must furnish the Risk Manager with copies of all reports of any accidents tvithin ten (10) days of any accident. Adams Engmeering Monitoring well permit ins. req. EXHIBIT B 11. ADDITIONAL REQUIREMEN"CS -~ . Permittee must obtain v~ orkers' eompensation coverage through a licensed insurance company in accordance with Texas law. The eontract 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' campensation 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 coverage, and a blanket waiver of subrogation is required on all applicable policies. * If your insurance company uses the standard ACORD form, the eaneellation 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 r'orm, separate policy endorsements addressing the same substantive reyuirements 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. < [f the Certificate of Insurance on its face does not show the existence of the coverage required by items i.B (1 j-(8), an authorized representative of the insurance company must include a letter specifically ~tating whether items 1.B. (1)-{g) are included or excluded. ~dams Engineering Monitonng well permit ins. req. EXHIBIT B CERTIFICATE uF LIABILlTY INSURANCE OATE~MMVDp1YY:Y, OS/23/2006 ~aooucea (903) 581-'0?7 FAX (403} 581-: ;67 THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMAT{ON Iim wri ght Insurance ONLY AND CONFERS NO RIGFiTS UPON THE CERTIFtCATE 39Q" S Broadwa~ HOIDER. THIS CERTIFiCATE DOES NOT AMEND, EXTEND OR AI.TER THE COVERAGE AFFORDED BY THE POL~CIES BELOW. ~ ryl~ Tk "S?O1 , INSURERS AFFORDING COVERAGE NAIC # ~ N aEO Adams Consulting Engineers, Inc ~ ~~~ ~r,suReRa Trinity Universal Insurance Co ~ ~ 0 8ox 13~i99 ~NSUaFRa. Trinity Universal Ins. Co. Ty 1 er `)( ' S?:3 ir,suRe~ c Texas Mutual Ins Co ~~suRER ~: Conti nental Casual ty Co iNSURErZ E' rnveo nr_cc ~ 7HE POLICIES OF iNSURANCE LISTED BE~OW w1VE BEEN ISSUEQ TO 7HE INSURED NAMEO ABOVE FOR THE POLICY PERI00 INOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CANDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICli 7HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAtN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREir~ iS SuBJECT TO A~~ rHE TERMS, EXCLUSIONS AND CONDITtONS OF SUCH POLIClES. AGGREGATE Utii~T$ SHOWN b1AY HAVE BEEN REDUCEU BY PAIO CLAl1AS INSR 0 TypE pp ~,•~SURANCE POI~CY NUMBER ~~~~Y EFFECTIVE POUCY EXPI TION ~~M~ ; oeNewuuaen.ir CAP0015b7400 '--1 06/10/2006 06/10/2001 EACHOCCURRcNCE s 1 000 00 ~ ~ ; X~::GMh~ERCIA~ GEvERAI linBiun i - ~~ ' ~ OAaL4GE TO REN7ED 5 ioo,oo . ... : ~ CL41A~S !~IApc ~ J( ~ OCCJR ~~_i I 1AED EXV (Mycne perSOn) $ 5 QQ '~ ~: ~ ~ ~` ~~ PERSONAI d ADV ~NJURM S 1~ OOO , OO J_ _ cENewu AGG~GAre 5 2, OOO , OO : .! GENt nG~REGA7E Uht1T APPUES PER j '- PRODUCTS • COMP/OP AGG 5 2, QOO , OO . I POUCY X- .JE C LOC '. ~ AUTOMOBIlEC1AB~l.?Y ' CAPOQLSE74OO 06/10/2006 06~10~20~T COA161NEOSINGI,EUMiT S X ~" 4U70 ~-I i ~ (Ee acdd~rnl Z , ~Ori , 00 ~ ~4u.OWNEDAUTGS ' .~a j BO~ILY INJURY $ j i ~ SCNEDULEDAa7G5 ~pa+DQ~^I S ~ ; r;iR:"D4UT05 ~--1 BODILY INJURV S ~ . ; NON-0WNED At;7CS ~ °i {Per accidant) - ' _~j ..._. -.-___-... _._ ~; PROPER7Y~MA4GE 3 ~ I ~~~ (PYfiCCiC6If1) I ~ GAFiAGE LIA8IUTY AUTO ONIY - Fj\ ACCIOENT S ~ nNV 4UT0 ~. ~-~{ OTHER THAN EA ACC S AUTO ONIY: ~G ~ E7fCESSUMBRELLAl1A81UTY CUQOZS344H 06/10/2006 06/10/2007 EACHOCCURRENCE s 2.000,00 ~ . X 1 OCCUR CLAl1.IS nM~c ~ aGGREGATE S 2, QOO , OO ~ ~ s i ~ ? OcUUCTIBIE j ~ S X RETENT~ON 5 IO , OO S WORKERSCOMPENSATIONqND I TSFOOi0143803 06/10/2006 06/10/2007 X"~sTasu- oni- EMPLOYERS' LIABIUTT ~ j ANY PROPRIE7pR/PARTNERlEJ(ECUTIVE E.L. EACFt ACCIDENT S SOO , OO OFCICER/MEMBER eXCLUDEO~ ~ if es dfscn0o untle~ E.L OISEASE - EA EMPLOYE 5 SOO , OO y , SPECtAL PROVISIONS Dalow E.L. D~SEASE - POUCY UMR S $OO , OO oT" AEH113787815 ro~essional Liability 06/10/2006 06/10/2U07 52,000,000 Per Claim. p Pollution Incident $2,000,000 Aggregate iabilit 3 125,000 Deductible DESCRIVf10N OP OPERATIOkB f IOCAT1pNS I YEHICLES ! E7CCLUS~ONS ADOED BY ENDORSEMENT! $pECiAL PROVISIONS ells #1H and 2H ertificate Hoider is included as Additional Insured with the exception of the Workers Compensation nd Profess~onal Liability & Pollution Incident Liability when required by written contract. A aiver of Subrogation is also included when required by written contract. Should any of tl~e above poiicies be changed or cancelled before ti~e expiratioa date thereo(, the issuiug insurer ~r~ill Ci ty of torpus Chri sti mail 30 days ~.~rittev norice to the certificate holder named 2406 Leopard , Ste. 100 to the left. Corpus Christi, TX ~H4OH EXHIBIT B AUTNOAIZEDREPRESENTATIVE ]ames Wri ht/ESE ~~ ACORD 25 {2001/08~ OACORD CORPORATION 1488