HomeMy WebLinkAboutC2017-121 - 3/29/2017 - NA MONITORING 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, for and in consideration of the sum of Two Hundred Sixty
Dollars ($260.00) to be paid in hand by Stripes, LLC (hereinafter the "Permittee") of 806
E. Palma Vista Drive, Palmview, Texas 78572, 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, (PMW-9), approximately 2-inches in
diameter, 25-feet in depth, with a 3' x 3' concrete pad and a 8" sealed metal manhole
cover flush with relative ground surface elevation, for approximately a 24 month period,
to be located approximately 105 feet west/northwest of the intersection of Caribbean
Drive and Laguna Shores Road on the south side of Caribbean Drive, approximately eight
(8) feet from the road edge, in the City of Corpus Christi, Texas, (hereinafter the
"Premises") as shown on the attached drawings marked Exhibit A.
For purposes of this Agreement, "monitoring well" shall have the meaning as ascribed in
Chapter 1901 of the Texas Occupations Code: "an artificial excavation that is constructed
to measure or monitor the quantity or movement of substances below the surface of the
ground and that is not used in conjunction with the production of oil, gas, or other
minerals."
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 60 days'
notice in writing by the City of Corpus Christi's City Manager, ("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 IN 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
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2017-121
3/29/17
Stripes LLC
INDEXED
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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.
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 ENTITY AND 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, (IV)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 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 Risk Manager. 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.
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D. Except as otherwise provided herein, all work proposed will equal or exceed the Texas
Commission on Environmental Quality (TCEQ), Texas Department of Licensing and
Regulations, and the Texas Water Well Drillers Advisory Council 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 shall also supply City with written confirmation of any
notices or reports regarding releases of hazardous wastes or substances that Permittee
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, Corpus Christi Fire Department, AEP (American Electric
Power),AT&T(American Telephone&Telegraph, formerly Southwestern Bell Company),
Time Warner, and Grande Communications and any other companies that may be
affected by the monitoring wells, must be notified 48-hours prior to construction. 1-800-
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DIG-TESS and Lone Star Notification Center(1-800-669-8344) must be notified 48 hours
prior to construction for existing utility locations.
J. Construction plans and specifications for all work proposed will be submitted to the
Department of Development Services and City Petroleum Superintendent 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 and/or removal of said monitoring well.
L A City Inspector may request a utility line to be uncovered to verify its depth and/or
location. All backfill and repairs of any kind will be made according to City standards
and/or 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 removal 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 $58.18 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 any pay increase.
N. 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, Permittee shall have sole
responsibility for resolution with individual owners, including all costs associated with
resolution.
0. No equipment or material may be stored or left overnight in City right-of-way.
P. The Permittee and/or 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.
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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 for either repairing the monitoring well to its original condition or removing
the monitoring well at which time this Monitoring Well Permit shall 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 Christi.
U. The Monitoring Well Permit 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 with the then current
requirements of the City of Corpus Christi and the Texas Commission on Environmental
Quality, Texas Department of Licensing and Regulation, or their respective 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 ($100/per yr.) to the City for the 12-month
extension. The Permittee shall notify the City's Department of Development Services,
ATTN.: Land Development Engineer, and the City Petroleum Superintendent at least five
business days prior to removal of said monitoring well.
V. Written notice shall be directed:
IF TO CITY: IF TO PERMITTEE:
Development Services Department Stripes, LLC
2406 Leopard Street, Suite 100 806 E. Palma vista Drive
Corpus Christi, TX 78408 Palmview, Texas 78572
W. Permittee shall be liable for and obligated to clean up and remediate any
contamination to City property found to originate from Permittee's property. All liability
and obligation shall be borne by Permittee until such time when a letter from TCEQ is
received by City stating that the said site investigation and/or remediation is complete and
agreed to by TCEQ.
X. Permittee shall reimburse City for any costs incurred by City for repairs of the City for
any necessary restoration or remediation work performed by City.
Y. City's authorization to Permittee does not in any way impair or relinquish City's right
to use such property for City purposes.
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Z. Permittee understands that third-party utility and third-party pipelines owned by others
may exist at the City property. Permittee shall provide adequate notice of the work to
such third parties potentially impacted by the work to be performed.
AA. Permittee shall indemnify the City and accept responsibility for all damages
or injury to property of any character, including utilities and pipelines, occurring
from any act, omission, neglect, or misconduct on the part of Permittee in
performance under this Permit.
The City of Corpus Christi shall cause this Permit to become effective upon date
of execution by the City Manager, as indicated below.
Acceptance
The above Permit is hereby accepted and its terms and conditions agreed this the
day of 3 . 3 , 2017, by Mr. Fabian Salinas, on behalf of Ranger Environmental
Services, Inc. Ranger Environmental Services, Inc. agrees to keep and perform the
conditions imposed by said Permit and to be bound by all of the terms of same.
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By:
Name: Fabian Salinas, Stripes LLC
Title: Senior Environmental Manager
Acknowledgment
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 3 - 3 , 2017, by
�it . ,5 of 541049f 54-negi ).4 a Texas corporation, on behalf of
Ranger Environmental Services, Inc.
60k
No ublic, State of Texas
Printed Name: -Emwyck �I��Qtf€ `�Q pQku
Expiration Date: lYt n1 Ict
. Y"` EMMA ANNETTE SEPULVED
w Notary ID/:13037327-3
., . My Commission Expires
09/17/2019
Page 7 of 8
ATTEST: CITY OF CORPUS CHRISTI
/ OTA2ArretT.
v e-Reagi
Re ecca Huerta Margie C. Rose
City Secretary City Manager 3 ?+_
Date: i/c P ( ( -1 Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on t40. 4 I ,
2017, by Rebecca Huerta, City Secretary of the City of Corpus Christi, Texas, a Texas
Municipal Corporation, ., behalf of said corporation.
* , i,i
\Iota Pu�State of Texas _ _ . .
I4 leg;;;; . MONIQUE TAMEZ LERMA ►
Printed Name: I" fih Q, 1 Z Levc . . ,?s/�°-, ID# 1146231-1 ,
Notary Public
� :,°r��....��;: STATE OF TEXAS '
Expiration Date: I 2� �� 4 ,, °F My Comm. Exp. 01-23-2021 ►
APPROVED AS TO LEGAL FORM this I 7 day of l' 1- " 2017:
By: -614,1A /A,c
Buck Brice
Assistant City Attorney
For the City Attorney
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