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12-J Meridian Alliance LOCDRAFT ALICEhO. ESWORK\CURRENTEVIeridian Ltr of Consent- 1100 blk N Main-Res October 1, 2001 RESOLUTION NO. 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, SWATSELL, INC., FOR THE SITING OF A GROUND WATER MONITORING WELL IN THE RIGHT- OF-WAY (FORMER KIAMICHI RAILROAD EASEMENT) LOCATED IN THE 1100 BLOCK OF N. MAIN 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, Swatsell, Inc., to locate and install a monitoring well in the City's right-of-way (former Kiamichi Railroad Easement), also known as part of that property deeded to the City of Paris by Sidney Swaim, recorded on July 17, 1998, in the Real Property Records of Lamar County at Volume 794, Page 72, described as Tract No. 1 therein, in the 1100 Block of N. Main Street, west of N. Main Street approximately 75 feet and south of the north boundary line of said City of Paris right-of-way approximately 7 feet, for the purpose of monitoring 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 execute 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, Swatsell, Inc., 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 4th day of October, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 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, known as the part of property deeded to the City of Paris by Sidney Swaim, recorded on July 17, 1998, in the Real Property Records of Lamar County at Volume 794, Page 72, as Tract No. 1, and further described as being in the railroad right-of-way (former Kiamichi Railroad Easement) located in the 1100 Block of N. Main Street in Paris, Texas (the "Property"), and does hereby authorize Swatsell, Inc. (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: II. III. IV. V. Drilling of soil test borings. Installation of one (1) groundwater monitoring well designated MW-7. Performing groundwater inflow tests on well. Obtaining groundwater samples from well. Maintenance and/or checking groundwater levels in well. 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; provided, however, that in the event of a conflict between the terms and provisions of this agreement and Exhibit B, this agreement shall control. If well(s) are installed on the Property, well access will be needed for a time period not to exceed two (2) years 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 well(s) 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 any one of the following: 1) the expiration of a two (2) year period beginning on the effective date of this Letter of Consent; 2) a request by the City to abandon said well(s); 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 well(s) drilled on the Property EXHIBIT A -1- 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. 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 policy 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- -2- 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 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 SWATSELL, INC.: Name: MICHAEL E. MALONE Name: Title: CITY MANAGER Title: Date: OCTOBER 4, 2001 Date: ATTEST: CONSENTED AND AGREED TO BY Meridian Alliance Group, LLC: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Title: Date: Larry W. Schenk, City Attorney -3- Main 111o r~