HomeMy WebLinkAboutC2010-521 - 12/8/2010 - 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 duty
authorized City Manager, `Angel R. Escobar, for and in consideration of the sum of Two
Hundred and Fifty Dollars ($250.00} to be paid in hand by Applied Petroleum
Technologies, LTD. (hereinafter the "Permittee") of 4525 Ayers Street, Corpus Christi,
Texas 78415, does grant, upon the conditions hereinafter stated, unto said Permittee, a
monitoring well permit for the right to install, operate, maintain and remove a monitoring
well, approximately 2-inches in diameter, 20-feet in depth, with a 2' x 2' concrete pad and a
10" sealed metal manhole cover flush with relative ground surface elevation, for
approximately a 24 month period, to be located within the east side of the Westchester
Drive public street right-of-way, approximately 110 feet north of the Leopard Street public
right-of-way, in the City of Corpus Christi, Texas, as shown on the attached drawings
marked Exhibit A,
TO HAVE AND TO HOLD 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
operating, maintaining and removing of said monitoring well, 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 GO days
notice in writing by the City of Corpus Christi's City Manager, or 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,
WHICH ARISE OUT OF OR IS !N ANY MANNER CONNECTED WITH, OR IS CLAIMED
TO ARISE OUT OF OR BE IN ANY WAY 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 DEMAND5, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION,
Page 1 of 7
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121QSI1.0
Applied Petroleum Technologies
~~~~
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.
THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND
LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY
HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:
[A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING
BROUGHT BY A PUBLIC OR PRIVATE ENTITYAND ARISING FROM THE PRESENCE,
CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE,
TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE
TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS
SUBSTANCE. THE FEES FOR WHICH THE PERMITTEE SHALL BE RESPONSIBLE
UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO
THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III)
ENGINEERS, (1V)SURVEYORS, AND (V) EXPERT WITNESSES.
(B} ANY COSTS INCURRED ATTRIBUTABLE TO [I) THE BREACH OF ANY
WARRANTY OR REPRESENTATION MADE BY PERMITTEE IN THIS AGREEMENT, OR
[II} ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF
RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON
OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION
WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT,
THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF
THE AGREEMENT.
C. Permittee must have and maintain commercial general liability insurance pertaining to
the Monitoring Weli 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
Assistant City Manager of Development and Engineering Services, or the Assistant City
Manager'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 City's Risk Manager, the Permittee shall provide
copies of all insurance policies to the Risk Manager.
Page 2 of 7
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. Reporting Requirements:
(a) Permittee shall promptly supply City with copies of all notices, reports,
correspondence, and submissions made by Permittee to the Environmental Protection
Agency, the Texas Water Commission, the United States Occupational Safety and Health
Administration, or any other local, state or federal authority that requires submission of any
information concerning environmental matters or hazardous wastes or substances
pursuant to the Texas Water Quality Control Act, Water Code Sections 26.001 et seq., the
Resource Conservation and Recovery Act, Title 42 of the United States Code, Sections
6901 et seq., and the Comprehensive Environmental Response Compensation and
Liability Act, Title 42 of the United States Code, Sections 9601 et seq., and all applicable
regulations, permitee steal! also supply City with written confirmation of any notices or
reports regarding releases of hazardous wastes or substances that permitee makes orally
or by telephone to any such governmental agency.
(b) Permittee shall promptly notify City in advance of any scheduled meeting
between permitee and any of the agencies specified in subparagraph (a}.
F. At the time of removal, the Permittee is required to backfill the monitoring well. At a
minimum, 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
G. All applicable Federal, State, County, and City laws and ordinances shall be complied
with and all necessary permits 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".
H. 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 well until after
the Permittee or its contractor has filed with this office an approved traffic control plan from
the City Traffic Engineering Office.
I. All City utility departments, AEP (American Electric Power}, AT&T (American Telephone
& Telegraph, formerly Southwestern Bell Company}, TimeWarner, and Grande
Communications and any other companies that may be affected by the monitoring wells,
must be notified 48-hours priorto construction. 1-800-DIG-TESS and Lone Star Notification
Page 3 of 7
Center (1-800-669-8344) must be notified 48 hours prior to construction for existing utiliity
locations.
J. 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.
K. 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 andlor removal of said monitoring well.
L A City Inspector may request a utility line to be uncovered to verify its depth andlor
location. All backfill and repairs of any kind will be made according to City standards
andlor City Inspector's request. All work and repairs will be at Permittee's or its contractor's
expense.
M. If a City Inspector is required at the job site, the Permittee shall pay a daily rate of
$310.35 for each day spent inspecting construction, maintenance, repair, replacement,
relocation or remova! of the monitoring 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 of $58.1$ per hour. These funds shall be paid to the
appropriate City department within the City of Corpus Christi. These amounts wil! be
adjusted annually on August 1 to reflect any pay increase.
N. Should damage occur to a utility line so that sand or soil enters service lines causing
problems andlor damage to plumbing in private structures, Permittee shall have sole
responsibility for resolution with individual owners, including all costs associated with
resolution.
O. No equipment or material may be stored or left overnight in City right-of-way.
P. The Permittee andlor its Contractor will not clean equipment or material on site.
Q. Monitoring well 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.
R. Permittee shall adjust or relocate the above described monitoring well 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 or for any other reason of the City stated in writing
to Permittee.
Page 4 of 7
S. The construction of the monitoring well 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 well, Permittee shall be responsible far
either repairing the monitoring well to its original condition or removing the monitoring well
at which time this Monitoring Well Permit sha[i terminate immediately.
T. The rights of construction conferred herein shall not be assigned by Permittee without
the prior written consent of the City of Corpus Chris#i.
U. The Monitoring Well Permit remains in effect during the Permittee's investigation and
assessment of possible petroleum contamination. However, the Moni#oring 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 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 if at the end of
said 24-month period, the TCEQ requires additional monitoring of the well, then the City
shall grant to Permittee an additional 12-month period in which to perform the work under
this permit provided Permittee pays an additional $100.00 ($1001per yr.) to the City for the
12-month extension. The Permittee sha[I notify the City's Department of Development
Services, ATTN.: Land Development Engineer, 48 hours prior to removal ofsaid monitoring
well.
V. Written notice shall be directed:
IF TO CITY:
City Development Services ACM
2406 Leopard Street, Suite 100
Corpus Christi, TX 78408
IF TO PERMITTEE:
Applied Petroleum Technologies, LTD.
4525 Ayers Street
Corpus Christi, Texas 78415
The City of Corpus Christi shall cause this Permit to become effective upon date of
execution by the City Manager, as indicated below.
Page 5 of 7
Acceptance
The above Permit is hereby accepted and its terms and conditions agreed this the
~ ~ day of N~~e~ber , 2010, by ~~-Fir-Q.y C, ~~rr~~.r- , on behalf
of Applied Petroleum Technologies, LTD. Applied Petr eum Technologies, LTD., agrees
to keep and perform the conditions imposed by said Permit and to be bound by all of the
terms of same.
sy:
Name: G~rcy G°~ ~urr~ei'
Title: ~rrc~ r~~~hv.io~`nc~M Scry%crs
Acknowledgment
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on l~(~+lt~,bc~ Z,~ 2010, by
Je ~~ncr of Applied Petroleum Technologies, LTD., a
Texas mited partnership, on behalf of said limited partnership.
Notary Public, State of Texas
Printed Name: 1f~4 ~-. C[~n
Expiration Date: SS Z
+KENf ~. CANALS -.
Natary Pu61ic, slate or Texas
Cemm. # 0038f937.2
iHy Ccmrntsatan Explrea
Page G of 7
ATTEST:
City Secretary
Date: ~ 0
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
By:
`A el scobar, City Manager
Date: _ ~ ~ __
This instrument was acknowledged before me on ~°eflY~~es~ ~ _, 2010,
by `Angel R. Escobar, City Manager, of the City of Corpus Christi, Texas, a Texas
Municipal Corporation, on behalf of said corporation.
Notary Public-State of T~cas
Printed Name: _ ~ l._t..Q `V~
Expiration Date: ~ ~ ~- J ~..
~~, ~.-
APPROVED AS TO LEGAL FORM this
Carlos Valdez
City Attarney
Itt ~H
,' EiOLLY HOlJGWTON
~~,,~~ = MYSOMNEII]be~ 24, 2U12 E5
~t9~t~`~,+ ~
day 2010:
By: i~--
Borah W Ither Brow
ssistant City Attorney
Page 7 of 7
PROAOSED
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LE~PAf~D STREET SHOULDER
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STRIPES #9387 sse7trrl~fc7-7a FAX:363-851-9534
CONSTRUCTION PLAN ~ ~ e ~
4502 LEOPARD BATE: SGALEi DWhl. BY: ,,,,,,~ 4925 AVERS spzEEr
CORPUS CHRISTI, TEXAS 7/23/1p 3°=zo' I_r~ ~;~,,
EXHIBIT A
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TEL: 361-693-3$1fl
WELL 17lAGRAM pax: 361-s5i-9514
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EXHIBIT A
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. Permi#tee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. Permittee must furnish to the City's Risk Manager, 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 insured for the General liability
policy. A blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation, non-renewal, Bodily Injury and Property Damage
material change or termination required on all Per occurrence -aggregate
certificates
Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products) Completed Operations Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractor
AUTOMOBILE LIABILITY-OWNED NON-OWNED $1,000,000 COMBINED 51NGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY $500,000
PROFESSIONAL POLLUTION LIABILITYI $1,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited #o sudden & accidental discharge; #o
include long-term environmental 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 within ten (10) days of any accident.
II. ADDITlQNAL REQUIREMENTS
A. Permittee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
B. Permittee's financial integrity is of interest to the City; therefore, subject #o Permittees right to
maintain reasonable deductibles in such amounts as are approved by the City, Permittee
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence
basis, by companies authorized and admitted to do business in the State of Texas and with
an A.M. Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established bylaw
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Permittee shall be required to comply with any such requests and shall submit a
copy ofthe replacement certificate of insurance to City at the address provided below within
10 days of the requested change. Permittee shall pay any costs incurred resulting from said
changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.Q. Box 9277
Corpus Christi, TX 78469-9277
(361 } 826-4555- Fax #
D. Permittee agrees that with respect to the above required insurance, all insurance policies are
to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations and activities of, or on behalf
of, the named insured perFormed under contract with the City, with the exception of the
workers' compensation and professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additiona[ insured shown on the policy;
• Workers' compensation and employers' liability policies wil[ provide a waiver of subrogation
in favor of the City; and
• Provide thirty (30} calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10}
calendar days advance written notice far nonpayment of premium.
E. Within five (5} calendar days of a suspension, cancellation, or non-renewal of coverage,
Permittee shall provide a replacement Certificate of Insurance and applicable endorsements
~to City. City shall have the option to suspend Permittee's performance should there-be a
lapse in coverage at any time during this contract. Failure to provide and to maintain the
required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Permittee`s failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Permittee to stop work hereunder, andlor
withhold any payment(s) which become due to Permittee hereunder until Permittee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Permittee may be held responsible for paymenfis of damages to persons or property
resulting from Permittee's or its subcontractors' performance of the work covered under this
agreemenfi.
H. It is agreed that Permittee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi far liability
arising out of operations under this contract.
I. I# is understood and agreed that the insurance required is in addition to and separate from
any ather obligation contained in this contract.
2040 Monitoring wail permit ins, req.
9-20-10 ep Risk Mgmt