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HomeMy WebLinkAboutC2008-124 - 4/1/2008 - NAMONITORING WELL PERMIT AGREEMENT THE STATE OF TEXAS§ COUNTY OF NUECES§ That the City of Corpus Christi (hereinafter the "City"), acting by and through its duly authorized City Manager, George K. Noe, at the request of I aismith Engineering, Inc. (hereinafter the "Permittee") of Gollihar Road, Corpus Christi, Texas 78411, does grant, upon the conditions hereinafter stated, unto said Permittee, a monitoring well permit for the right to install two monitoring wells, approximately 2-inches in diameter, 25-feet in depth, with a locking cap and 12-inch concrete pad and steel cover mounted with a 12 -inch square flushed mounted traffic -gated well vault, for approximately a 24 month period, one (1) well to be located on the west side of the Eighteenth (18th) Street public right-of-way, just south of Agnes Street, and one (1) well to be located on the north side of Agnes Street, just east of Eighteenth (18th) Street, in the City of Corpus Christi, Texas as shown on the attached drawings marked Exhibit "A ". TO HAVE AND TO OLI the same unto Permittee, its successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described right- of-way for the purpose of constructing said monitoring wells, and it is further understood that the foregoing monitoring well permit is granted upon the following conditions: A. This monitoring well permit may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee ("City Manager"). B. Permittee must have and maintain commercial general liability insurance pertaining to the Monitoring 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 additional insured. The insurance policies may not be canceled, renewed, or materially changed without 30 days advance written notice to the City's Director of Development Services, or the Director's designee. The Permittee, or a representative or contractor of the Permittee, 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 Ci the monitoring wells must be notified 48 -hours prior to construction, 1 -800- DIG -TES, Lone Star Notification Center (1-800-669-8344) and Southwestern Bell Telephone (1-800-828-5127) numbers must be notified hours prior to construction for existing utility locations. G. Construction plans and specifications for all work proposed will be submitted to the Department of Development Services 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. H. Permittee will repair or cause to be repaired any damage to any landscaping, sidewalks, curb and gutter, driveway, street, sanitary sewer, storm 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 welts. I. A City Inspector may request a utility line to be uncovered to verify its depth and/or location. All backfitl and repairs of any kind will be made according to City standards and/or City Inspector's request. Alt work and repairs wilt be at Permittee's or its contractor's expense. J. Should damage occur to a utility tine so that sand or soil enters service tines causing problems and/or damage to plumbing in private structures, Permittee shall have sole responsibility for resolution with individual owners, including all costs associated with resolution. I. No equipment or material may be stored or left overnight in City right-of-way. L. The Permittee and/or its Contractor wilt not clean equipment or material on site. M. Monitoring wells will not protrude above the existing natural ground elevation, and a sealed covering will be provided to prevent surface water from entering into said monitoring wells. N. The construction of the monitoring welts 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 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 shalt be responsible for either repairing the monitoring welts to their original condition or removing the monitoring wells at which time this Monitoring Well Permit shall terminate immediately. 0. Written notice shall be directed: IF TO CITY: City Development Services Director 2406 Leopard Street, Suite 100 Corpus Christi, TX 78408 IF TO PERMITTEE: Naismith Engineering, Inc. 4501 Gollihar Road Corpus Christi, Texas 78411 The City of Corpus Christi shalt cause this Permit to become effective upon date of execution by the City Manager, as indicated below. h:\...\gen\ag08\mon-well\naismith.agr Page 2 of 4 Acceptance The above Permit is hereby accepted and its terms and conditions agreed this the 2 7 ' day of Yom( , 2008, by r 4i . 3.41 r , on behalfNaismith Engineering, Inc,, agrees to keep and perform the conditions imposed by said Permit and to be bound by all of the terms of same. By: Name: L iLmicb Title: V cow r AcknowledEment THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on c7 /rig-RC ig-R H , 2008, Lan £ . S rn , 7-4 ofNaismith Engineering, Inc. a Texas Corporation, on behalf of said corporation. h:\...\gerAagOMmon-wellMaismith.agr Page 3 of It; 1.1A4 N Public, State of Texas Printed Name: JO_ ALE_ _. fiPiE���x' Expiration Date: 3 D ATTEST: : 6"4°T--- City Secretary APPROVED: /,Si � day of By: R. Jay , 2008 , First Ass . ant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Noe, City Manager, of the City of Corpus Christi, Texas, a Texas corporation. CITY OF ORPUS CHRISTI By: eorgc K. N e, City Manager q Date: h :1,.,\g n\agO lmon- welI\naismith.agr Pagef 2008, by George K. unicipal Corporation, on behalf of said Notary Public, State of Texas Printed Name: Expiration Date: _ NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS C' -ER!S I, TEXAS SITE MAP 2031 AGNES STREET CORPUS CHRISTI, TEXAS L CK O WELL CAP PROTECTIVE WELL COVER TOP OF CASING ELEV. (NI G111)) CONCRETE WELL PAD GROUT DUGS L' F CE .. GROUT CEMEMOSODEUM BL TO ITE* TOP O ANNULAR SEAL L FIGS --ANNULAR SEAL 4NTONITF PELLETS TOP OF FILTER PACK DOGS BOREHOLE DIAMETER ''S`EN'T €) EEET IC SURFACE, (N D) f P OF SCREEN! DBGS FILTER PACK 1 6(30 SILICA SAND SCREEN MATERIAL KFIEDULE 40 PVC SCREEN DIAMETER 2' I.OT Sf7P a TOTAL DE 'fI -I 01' !3O RING [NG B f 25 it. U-IR FADED END CAP NA! SMITH EE , NC FIGURE Mo J Y -- T WELL SCHENTATIC Former i& et 4 LPST ID N. 117363 203 # Agnes St, Corpus Christi, Nueces Counry, -19,i EXHIBIT A rFRUC ODER ACORD„, CERTIFICATE OF LIABILITY INSURANCE Monroe & Monroe Insurance Agen 921 Galleria Dr . , Suite 102 'Arlington TX 76011 Phone:817-640-5035 Fa :817 -640 -0131 INSURED _ Vortex Drilling, Inc. 4412 Bluemel R, San Antonio TX 78240 OP ID Cl oRTE -1 02/18/08 -- i -- 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 DATE (MM1DD YYYY) INSURERS AFFORDING COVERAGE LAIC # INSURER A: Mid-Continent Casualty Co. INSURER B: The Hanover Ins Group INSURER C: National Union Fire Ins Co INSURE RD: American Interstate Ins Co INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTTER 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, ECCLlS1ONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAL UABILIT COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR Pollution Liab GENE. AGGREGATE LIMIT APPLIES PER: POLICYJER CT BLOC B 11 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON- OWNED AUTOS POLICY NUMBER 04GL673578 ADD87314 -01 DATE M 05/12/07 05/12/07 DATE MMIDOIYY 05/12/08 05/12/08 LIMITS EACH OCCURRENCE $1,000,000 . , 000 GENERAL e ,000 ,000 * -.. UCTS - COMP/OP COMBINED SINGLE LIMIT accident) $ 1,000,000 BODILY INJURY person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EA ACC $ AGG $ D EXCESS/UMBRELLA LIABILITY OCCUR [_-_ -1 CLAIMS MADE El DEDUCTIBLE EACH OCCURRENCE BE0821806 05/12/07 05/12/08 AGGREGATE $ 4,000,000 $4,000,000 $ .© RETENTION S 10 , 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPAf TNER/EXE U flVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below OTHER Leasd /Rntd Equip •o TVWCTX1606282007 05/12/07 05/12/08 E.L. EACH ACCIDENT POLICY EL. DISEASE - EA ErvIPLOYE El. DISEASE - 04IM21283 0411421283 05/12/07 05/12/08 05/12/07 05/12/08 Per Item Limit $1000000 $1000000 $1000000 100,000 100,000 cesa PTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES I' EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS RE: Installation of monitor wells for Affected Property Assessment Report (AMR 2031 Agnes St., Corpus Christi, TX Naiamith Engineering Inc and City of Corpus Christi are named as additional insured on the GL and auto policy if required by written "insured contract" and named in favor of waiver of subrogation on the gl, auto and wc. 30 days ** *SEE ES * ** CERTIFICATE HOLDER CANCELLATION NAT sic( T Naismith Engineerir►_ Inc 4L01 Gollihar Rd Corpus Christi TX 78411 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E PIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CAE : TIFIcATE HOLDER NAMED TO THE L E: - 5 U FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION LIABILITY OF ANY KIND UPON THE [W URER, ITS AGENTS OR REPRESENTATIVES. A R EIUT 1 ACORD 25 (2001/08) EXHIBIT B ACRD CORPORATION 1988 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer lights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, ED, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) notice of cancellation applies with 10 days notice of non-payment of premium EXHIBIT B Buddy Garcia, Chairman Larry R. Soward, Commissioner Glenn Shand le, Executive Director TExAs C ON ENWIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Polluti • 1 Mr. Daniel Gallegos, Jr. Page 2 September 11, 2007 LPST Igo. 1 17368 Notification requirements in 30 TAC §350.55 state that if, in the course of an affected property assessment conducted pursuant to §350.51, a person collects samples from property they do not own, then the analytical results for those samples and any subsequent samples shall be made available to the owner of that property. In addition, if the person submits samples to the TCEQ which indicates that a COC originating from on -site activities more likely than not exceeds a residential assessment level on property they do not own, the person shall at a minimum make this information and the critical PCLs for the applicable land use classification available to the owner of the property and any easement holders. Additional information on TRRP notification requirements is available in the guidance Notification Requirements RG- 3 -17 . Be aware that if you permanently remove your underground storage tank (UST) system from service, you are required to submit permanent- removal -from- service documentation (if not submitted previously) in accordance with 30 TAC §334.55. For reporting and sampling requirements for both USTs and above - ground storage tanks AST's , please refer to Investigating and Reporting Releases from PSTs R .41 l . You must also suit revised UST or AST tank registration forms (TCEQ-0724 or TCEQ-0659, respectively) to the TCEQ PST Registration Team is on forms) when tanks are removed from service. Please note that all correspondence, clearly labeled with both the LPST and facility ID numbers, should be submitted to the Central ice in Austin. Should you have any questions, please contact me at 512/2394765 and reference the assigned LPST ID number. We appreciate your cooperation. Sin ly, Jessi = Mauricio Project Manager, Team 2 Environmental Cleanup Section 1 Remediation Division Texas Commission on Environmental Quality J Mc 11731ad.doc Enclosure: TRRP- Related Guidance Documents and Forms for PST Sites EXHIBIT C