2001-078-RES APPROVING/AUTHORIZING LETTER OF CONSENT BETWEEN COP AND MERIDIAN ALLIANCE GROUP
RESOLUTION NO. 2001-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A LETTER OF
CONSENT BY AND BETWEEN THE CITY OF PARIS AND MERIDIAN
ALLIANCE GROUP, LLC, AND ITS CLIENT, FAST FOOD HOLDING,
L TD, FOR THE SITING OF A GROUND WATER MONITORING WELL IN
THE RIGHT-OF-WAY OF 7TH STREET IN THE CITY OF PARIS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has been contacted by Meridian Alliance Group, LLC, on behalf of
its client, Food Fast Holding, L TD, to locate and install a monitoring well in the City's right-of-way
of 7th Street, south of the Grand Avenue intersection, south and east of707 Bonham Street, for the
purpose of rnonitoring subsurface contamination, if any; and,
WHEREAS, the aforesaid monitoring well is being installed in accordance with state
regulations related to determining whether or not tank facilities used for the storage of petroleum
products have caused any subsurface contamination, and in accordance with established procedure
the requestor has sought the location of said monitoring well in order to accommodate the request
of the Texas Natural Resource Conservation Commission; and,
WHEREAS, the City, in order to accommodate such state-mandated inspections, and to
assist in the protection of the environment and the health, safety, and welfare of its citizens, desires
to accommodate said request upon certain terms and conditions as set out in a Letter of Consent
between the parties; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City Manager be, and he is hereby, authorized to exccute and the City
Clerk to attest to a Letter of Consent, a copy of which is attached hereto as Exhibit A and
incorporated herein for all purposes, by and between the City of Paris and Meridian Alliance Group,
LLC, and the client of Meridian Alliance Group, Food Fast Holding, LTD, for the purpose of
installing a ground water monitoring well to establish the presence, extent, or absence of petroleum
substances in soils and/or ground water as required by the Texas Natural Resource Conservation
Commission.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 11th day of June, 2001.
ATTEST:
.~
~~':.'>~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
~~./
MichaelJ. Pfi , or
LETTER OF CONSENT
The undersigned City of Paris, Paris, Texas (the "City"), represents that it has legal right to
grant access to the property located as shown in Exhibit A hereto, and further described as being in
the right-of-way of 7th Street, south and east of 707 Bonham Street, just south of the Grand
intersection in Paris, Texas (the "Property") and does hereby authorize Food Fast Holding, L TD, (the
"Company) and Meridian Alliance Group, LLC (the "Consultant"), their agents, employees and
contractors to enter the Property for the purpose of performing environmental and engineering
explorations (hereinafter referred to as the "Work"). The Work may include one or more of the
following activities:
I. Drilling of soil test borings.
II. Installation of one (1) groundwater monitoring well.
III. Performing groundwater inflow tests on wells.
IV. Obtaining groundwater samples from wells.
V. Maintenance and/or checking groundwater levels in wells.
VI. Any and all activities associated with the foregoing.
All of the above-referenced activities shall be conducted in full conformance with those exhibits,
schematics, and methodology description, and other related criteria previously forwarded to City,
as the same is attached hereto as Exhibit B and for all purposes incorporated herein.
If welles) are installed on the Property, well access will be needed for a time period not to
exceed one (1) year from the effective date of this agreement. The well shall not impair the City's
ability to use or maintain the right-of-way, nor interfere with any current or existing utility lines or
installations. Any field activities will be conducted in compliance with the procedures detailed in
the Texas Manual on Uniform Control Devices for Streets and Highways. The Company and
Consultant shall also coordinate closely with the City regarding underground utility installations
before initiating any substantive activities.
If requested by the City, the Company and Consultant will provide the City with soil and
groundwater analytical data and other pertinent information collected during the investigation. The
welles) will be properly abandoned (including removal of the upper six feet of the well installation
and proper plugging) no later than thirty (30) days after the first to occur of anyone of the following:
1) the expiration of a one (1) year period beginning on the effective date of this Letter of Consent;
2) a request by the City to abandon said welles); or 3) a request by TNRCC to abandon said well(s).
Within thirty (30) days after said abandonment, the Company and Consultant shall be responsible
for fully restoring any areas disturbed during the Work. The City may at any time and in its sole
discretion, cancel this Letter of Consent and require the removal of any welles) drilled on the
Property in accordance with the procedures described in this paragraph. If the City cancels this
Letter of Consent, the City shall in no way be liable for such cancellation.
EXHIBIT A
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The City will be notified at least 48 hours in advance of any planned activities on the
Property. The Company and Consultant will work with the City and appropriate designated officials
to assure the impact on ongoing traffic and underground utilities is minimized to the greatest extent
possible.
The Company and Consultant will indemnify and hold City, including but not limited to
City's agents, officers, employees, and invitees, harmless from any and all claims or other actions
in any way arising out of or as a result of the activities consented to hereunder, such activities
indemnified by Company and Consultant to include those activities not only of the Company and
Consultant, but those of their agents, employees, and contractors in connection with the activities
authorized under this Letter of Consent. Company or Consultant shall provide evidence (in the form
of insurance policies or certificates) to the City that Company or Consultant currently carries and
shall maintain during the term of consent of this letter appropriate insurance sufficient to satisfy all
indemnification obligations specified herein. Neither the Company, Consultant, nor any of their
agents, employees, or contractors shall enter upon the Property or commence the Work under this
Letter of Consent until Company and Consultant have first received the City's approval of the
evidence so provided. Each and every policy carried by the Company in compliance with this
paragraph must include as Additional Named Insured the City and any of its officers, agents, and
employees. Each policy or certificate will bear an endorsement or statement waiving right of
cancellation or reduction in coverage without thirty (30) days' notice in writing to be delivered by
registered mail to the City. Each such policy or certificate shall also include in its provisions a
waiver of any rights of subrogation against the City.
The parties agree that the Company and Consultant shall and do hereby assume full
responsibility for all expense related to injury or death of their employees (leased or otherwise); that
the Company and Consultant shall not use employees other than those employed by the Company
or Consultant; that such employees shall at all times be covered by Worker's Compensation
insurance; and that no employee who is not subject to such coverage shall be used on the Property
or in conjunction with the Work to be performed under this Letter of Consent. Furthermore, the
Company and Consultant agree that if any subcontractors are used on the job site, those
subcontractors shall likewise carry full Workers' Compensation insurance coverage. All Worker's
Compensation coverage shall include in its provisions a waiver of any rights of subrogation against
the City.
The Company and Consultant hereby assume all responsibility for compliance with any and
all local, state, or federal laws and regulations governing the Work under this Letter of Consent.
Further, the Company and Consultant agree that they will pay any fines or other penalties that may
be imposed on either of them or on the City for violation of the aforementioned regulations.
The Company and Consultant acknowledge that City Ordinance prohibits their officers,
employees, agents, and representatives from carrying firearms, including concealed handguns, while
performing work under this Letter of Consent or while on City premises (including City rights-of-
way, utility easements, or drainage easements) or when meeting with City officers or employees
regarding this Letter of Consent. Company and Consultant agree that failure by Company or
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Consultant to comply with this requirement shall constitute a substantial breach of this Letter of
Consent, entitling City to all remedies under the law or this Letter of Consent for such breach,
including the City's right to terminate this Letter of Consent.
This Letter of Consent is effective immediately upon the date of execution of this document
by the City of Paris.
CONSENTED AND AGREED TO BY
CITY OF PARIS, PARIS, TEXAS
CONSENTED AND AGREED TO BY
Food Fast Holding, LTD:
Name: MICHAEL E. MALONE
Title: CITY MANAGER
Date: JUNE 11,2001
Name:
Title:
Date:
ATTEST:
CONSENTED AND AGREED TO BY
Meridian Alliance Group, LLC:
Mattie Cunningham, City Clerk
Name:
Title:
Date:
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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\1' Meridian Alliance Group, LLC,
March 5, 200 I
Mr. Terry Townsend
Director of Public Works
P.O. Box 9037
Paris, TX 75461-9037
RE: Shop A Lot#l, 707 Bonham, Paris, TX, LPST IDNo. 114715
Dear Mr. Townsend:
The TNRCC has requested that one off-site monitor well be installed south and east of 707
Bonham Street. Meridian Alliance Group, LLC (Meridian) is requesting pennission from the
City of Paris to install one monitor well in the City's right of way in 7'h Street, just south of the
Grand intersection. We have enclosed an example of an Agreement for Access to Texas
Department of Transportation Right Of Way for your review.
Also enclosed, please find an example monitor well construction diagram. The borehole for the
monitor well will be approximately 8.75 inches in diameter and will extend to approximately 20
feet below ground surface. The surface will consist of a 2-foot by 2-foot concrete pad with an 8-
inch bold down steel cover; a padlock will be placed on the well cap under the cover. The
concrete pad will be at ground level so that an automobile will be able to drive over it.
Groundwater samples will be collected from the monitor well on a quarterly basis.
Meridian understands the concerns associated with putting boreholes in city rights of way. Prior
to any work being perfonned, Meridian will have all underground lines marked and a request will
be made to have City of Paris personnel on-site during the installation of the boring. Meridian
will handauger the first five feet of the boring to insure that no lines are present prior to using the
drill rig.
Meridian will notifY the Public Works Department 48 hours prior to any scheduled work.
Meridian will also have a Certificate of Liability Insurance issued with the City of Paris as the
Certificate Holder. If the above conditions are acceptable please sign below, or please send an
access agreement that is acceptable to your office. lfyou have any questions or require additional
information, please call me at 888-237-1214.
Sincerely,
M~LL1ANCE GROUP. rrc
Liz Scaggs, P.G.
CAPM #1319
City ofparis by:
Date:
EXHIBIT ~
2238-A Michigan Avenue . Arlington, TX 76013 . (817) 261-1532 . FAX (817) 860-8848 . meridianalliance.com
Houston, TX
Arlington, TX
Tyler, IX
Midland. IX
Austin, TX
Little Rock, AR
Eau Claire, WI
EXISTING PAVD.4ENT
TOP OF GRADE
CONCRETE PAD
WI WIRE MESH
("'.0' X ..0' X ..0")
BENTONITE SEAL
,
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..." PVC CASING
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TOP Of 4" PVC SLOTTED
WELL SCREEN
. ......
TOTAL
WElL OEPTH
(TO)
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GRAYa PACK
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flUSH THREADED END CAP
BOTTOM OF CASING
BELOW GROUND ~
... L BOrrOI.! OF BORING
BELOW GROUND LEVEL
10" BORING DIAMETER
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lYPICAL MONITOR WELL DESIGN