HomeMy WebLinkAboutWashington State Department of Transportation - Monitoring Well Agreement (E. Yakima Ave/SR-82)!
IC No. 5 -39 -08826
SR 82, East Yakima Ave. Interchange
Agreement No. MW -05 -12758
Monitoring Well Agreement
This Monitoring Well Agreement is made effective this 1st day of December, 2010,
between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, ( WSDOT)
and CITY OF YAKIMA, (CITY), a municipal corporation.
RECITALS
A. WSDOT owns certain real property located. in Yakima County known to be a
portion of the highway right of way of SR 82.,
B. In conjunction with a voluntary clean up with Washington State Department of
Ecology ( WSDOE) being conducted under the Model Toxics Control Act and applicable
regulations, including but not limited to, WAC 173 =340, the CITY is voluntarily installing a
monitoring well on WSDOT owned right of way along State Route 82 in Yakima County.
C. WSDOT is willing to grant to the CITY a non - exclusive privilege of ingress and
egress over, across, and upon the land covered by this Monitoring Well Agreement upon the
terms and conditions contained herein.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, IT IS MUTUALLY AGREED THAT:
AGREEMENT
1. Premises. WSDOT properties. subject to this Monitoring Well Agreement are
located in Yakima County and are known to be a portion of the highway right of way of SR 82,
East Yakima Ave. Interchange, sheet 4 of 12 sheets. The property is legally described as follows
and shall hereinafter be referred to as the Premises:
That portion of the Southeast 1/4, of the Southeast '/4, Section 18, Township
13 North, Range 19 East, W.M., Yakima County, Washington, as shown
on Exhibit A, attached hereto and by this reference incorporated herein.
2. Term. The term of this Monitoring Well Agreement (Agreement) shall
commence on December 1, 2010 and shall terminate on July 31, 2014, unless the parties agree in
writing to extend the term, or this Agreement is terminated earlier as provided elsewhere herein.
Monitoring Well Agreement Page 1 of 14 I.C. No. 5 -39 -08826
RES 438 Revised 11/2009
t , •
3. Rent. CITY covenants and agrees to pay rent for the Premises to WSDOT
annually, in advance on or before the 1 st day of December (due date). Rent shall be paid at the
initial rate, subject to adjustment as hereinafter provided, of One Hundred and No /00 Dollars
($100.00) for rent, for a total annual payment of One Hundred and No /00 Dollars ($100.00),
payable at the address designated under Section 5. In no event shall the rent be less than this,
initial amount.
4. Rent Adjustments. WSDOT may, at its option, adjust the annual rent every year
by either (A.) the percentage change that occurred during the preceding calendar year in the U.S.
Consumer Price Index for A11.Urban Consumers (U.S. CPI -U), using the data as published by the
United States Department of Labor's Bureau of Labor Statistics, or its successor; Provided, that
in the event such index is discontinued the parties hereto shall select and use for such adjustment
purpose, a similar index that reflects consumer price changes generally, recognized as an
authority by financial and insurance institutions (By way of illustration only, if the Base CPI is
190 and the CPI figure for the fourth calendar month before the adjustment year is 195, then the
rent for that year shall be increased by 2.63 percent); or (B.) in an amount that reflects changes
in comparable rents as identified in an appraisal conducted by WSDOT. WSDOT shall give not
less than thirty (30) days prior written notice to the CITY that a Rent Adjustment has been made.
This notice shall include the amount of the adjusted Rent and the date the new Rent is to become
effective. Failure or refusal by the CITY to pay the adjusted rental rate shall constitute a default
of this Agreement for which. WSDOT may terminate with not, less than five (5) days prior written
notice.
5. Rent Payments Payable to: Washington. State Department of Transportation.
Mail payments to:
DEPARTMENT OF TRANSPORTATION (Mailing Address)
Attn.: Property Management Program Manager
P. O. Box 47339
Olympia, WA 98504 -7339
DEPARTMENT OF TRANSPORTATION (Physical Address)
Attn.: Property Management Program Manager
243 Israel Road, S.E., Suite 101
Tumwater, WA 98501 -6415
6. Charge for.Late Payment, NSF Checks.
A. If any sums payable to WSDOT under this Agreement are not received by
the fifth (5`h) day following its due date, CITY shall pay WSDOT, in addition to the amount due,
Monitoring Well Agreement Page 2 of 14 I.C. No. 5 -39 -08826
for the cost of collecting and handling such payment, an amount equal to the greater of One
Hundred and no /100 Dollars ($100.00) or five percent (5 %) of the delinquent amount. In
addition, all delinquent sums payable by the CITY to WSDOT and not paid within five (5) days
of the due date shall, at WSDOT's option, bear interest at the rate of twelve percent (12 %) per
annum, or the highest rate of interest allowable by law, whichever is greater; provided that if the
highest rate allowable by law is less than twelve percent (12 %), interest charged hereunder shall
not exceed that amount. Interest on all delinquent amounts shall be calculated from the original.
due date to the date of payment. Also there shall be a charge for any check returned
uncollectable in accordance with WAC 468 -20 -900. WSDOT and the CITY agree that such
charges represent a fair and reasonable estimate of the costs incurred by WSDOT by reason of
late payments and uncollectable checks.
B. WSDOT's acceptance of late payment charges and /or any portion of the
overdue payment shall in no event constitute an accord and satisfaction, compromise of such
payment, or a waiver of the CITY's default with respect to such overdue payment, nor prevent
WSDOT from exercising any other rights and remedies granted in this Agreement.
C. When a delinquency exists, any payments received will be applied first to
the late payment charge and late payment fees, next to delinquent rent, and any balance
remaining to the current month's rent and LET, if applicable.
7. Use of Premises. WSDOT grants to the CITY a non - exclusive privilege of
ingress and egress over, across, and upon the Premises subject to the following provisions:
A. No use other than the installation, operation, monitoring, and maintenance
of one Monitoring Well to be located on the Premises is permitted without the prior written
approval of WSDOT. The Monitoring Well subject to this Agreement is located as shown on
Exhibit A, and by this reference made a part hereof, and further described as follows:
The Monitoring Well is located north of the traffic lane_ of Lincoln Ave., between SR 82,
MP 32.48 and SR 82, MP 32.7, 150 feet west of SR 82.
The, parties may agree to remove the above listed well site from this Agreement by
written amendment signed by both parties.
B. CITY shall not permit any other.party, except the CITY's duly authorized
representatives, employees, and agents to access the Premises. The CITY shall be deemed an
independent contractor for all purposes, and the employees of the CITY or any of its contractors,
subcontractors, and employees thereof, shall not in any manner be deemed employees of
WSDOT.
Monitoring Well Agreement Page 3 of 14 I.C. No. 5 -39 -08826
C. CITY shall maintain at its expense the structure or objects for which this
Agreement is granted in a condition satisfactory to WSDOT. Further, the CITY shall maintain,
monitor, and decommission the Well at its .expense in accordance with Chapter 173 -160 WAC
and any amendments thereto.
D. Access to the Premises shall be in accordance with vehicle access as
shown on Exhibit A, and by this reference made a part hereof.
E. CITY agrees to conduct its activities on the Premises in compliance with
all applicable laws, rules and regulations. Further, the CITY is responsible for obtaining, at its
expense, all necessary permits from any other agencies having jurisdiction.
F. All use of the Premises shall be done to the satisfaction of WSDOT and .
shall comply with the current Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD). The CITY shall leave the Premises in a secure, safe, neat, and clean
condition after each entry onto the Premises.
G. Use of the Premises is restricted to the hours between 9:30 a.m. and 2:00
p.m. Monday through Friday and no use is allowed Saturday, Sunday, or holidays, unless
authorized in advance and in writing by WSDOT Assistant Maintenance Superintendent. In
addition, the CITY shall notify WSDOT Assistant Maintenance Superintendent at least twenty
four (24) hours prior to entry upon WSDOT property. Any access to or use of the Premises shall
be done in a manner as to not pose a hazard to travel on the state highway or to the CITY's
employees or agents.
H. No lane closures are allowed except as approved in writing and in advance
by WSDOT Assistance Maintenance Superintendent. The approvals of such lane closures.may
cause revisions of the terms of this Agreement, including but not limited to the hours of
operation.
I. Except as provided elsewhere herein, upon termination of this Agreement
under any provision hereof; the improvements constructed by the CITY on the Premises shall be
removed by the CITY at the CITY's expense in accordance with WAC 173- 160 -381, and the
CITY shall restore WSDOT's property to the original condition prior to the CITY's operations.
J. No drilling is allowed on the Premises without the prior written approval
of WSDOT Assistant Maintenance Superintendent.
K. CITY shall perform the environmental remediation work on the Premises
as set forth in Section 13, and as may be further required by WSDOE. CITY will provide
Monitoring Well Agreement Page 4 of 14 I.C. No. 5 -39 -08826
WSDOT Assistant Maintenance Superintendent and the Property Management Program
Manager designated herein, with copies of all reports, data, and analyses related to its use of the
Premises within thirty (30) days of receipt of such reports, data, and analyses.
L. CITY shall notify WSDOT of completion of its work on the Premises or a
particular well site so that a final inspection by WSDOT may be made.
M. CITY shall not alter, damage or destroy any survey control monuments
located on the Premises. In the event the acts or omissions of the CITY alter, damage or destroy
any such monument, the CITY shall notify WSDOT immediately.. WSDOT shall reset or replace
said monument and the CITY agrees to reimburse WSDOT for all costs incurred in this
provision within thirty (30) days of the date of WSDOT's invoice.
N. This Agreement shall not be deemed or held to be an exclusive one and
shall not prohibit WSDOT from granting other rights of entry, permits, or other interests or rights
to other public or private companies or individuals, nor shall it prevent WSDOT from using any
of the Premises or affect its right to full supervision and control over all or any part of them,
none of which is hereby surrendered.
S. Termination. This Agreement may be terminated by either party upon not less
than thirty (30) days written notice to the other party. In addition, WSDOT may terminate this
Agreement immediately if WSDOT determines that it is in the best interest of the State of
.Washington to terminate this Agreement.
9. Nonapplicability of Relocation Assistance. CITY acknowledges that this
Agreement does not at any time entitle the CITY to assistance under the Uniform Relocation and
Real Property Acquisition Policy (Ch. 8.26 RCW).
10. Encumbrances. CITY shall not encumber the Premises.
11. Personal Property. WSDOT shall not be liable in any manner for, or on account
of, any loss or.damage sustained to any property of whatsoever kind stored, kept, or maintained
on or about the Premises, except for such claims or losses, that may be caused by WSDOT or. its
authorized agents or employees. Upon termination of this. Agreement, WSDOT-or its agent may
remove all personal property of the CITY's remaining on the Premises at the CITY's expense
and dispose of it in any manner WSDOT deems appropriate. The CITY agrees to reimburse
WSDOT for the costs of such removal and disposal within thirty (30) days of the date of
WSDOT's invoice.
Monitoring Well Agreement Page 5 of !4 I.C. No. 5 -39 -08826
12. Performance by WSDOT. If the CITY defaults in the performance or
observation of any covenant or agreement contained in this Agreement, WSDOT, without notice
if deemed by WSDOT that an emergency exists, or if no emergency exists, with thirty (30) days
prior written notice, may direct the CITY to stop work and may itself perform or cause to be
performed such covenant or agreement. Such emergency shall include, but not be limited to,
endangerment of life, the highway facility or failure of the CITY to obtain in a timely manner the
specified insurance coverage. The CITY shall reimburse WSDOT the entire cost.and expense of
such performance by WSDOT within thirty (30) days of the date of WSDOT's invoice. Any act
or thing done by WSDOT under the provisions of this section shall not be construed as a waiver
of any agreement or condition herein contained or the performance thereof.
13. Environmental Requirements.
A. CITY represents, warrants and agrees that it will conduct its activities on
and off the Leased Premises in compliance with all applicable environmental laws. As used in
this Lease, the,term "Environmental Laws" means all federal, state and local environmental laws,
rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations
or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C.
§ 6901, et. seq., the Clean Air Act, 42 U.S.C. § 7401, et seq., the Federal Water Pollution
Control Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right to Know
Act, 42 U.S.C. § 11001, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et
seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and Washington or any other
comparable local, state, 4r federal statute or ordinance pertaining to the environment or natural
resources and all regulations pertaining thereto, including all amendments and /or revisions to
said laws and regulations. .
B. Toxic or hazardous substances are not allowed on the Leased Premises
without the express written permission of WSDOT and under such terms and conditions-as may
be specified by WSDOT. For the purposes of this Lease, "Hazardous Substances," shall include
all those substances identified as hazardous under the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C: § 9601, et seq., and the Washington Model Toxics
Control Act, RCW 70.105D et seq., including all amendments and /or revisions to said laws and
regulations, and shall include gasoline and other petroleum products. In the event such
permission is granted, the use and disposal of such materials'-must be done in a legal manner by
the CITY.
C. CITY agrees to cooperate in any environmental investigations conducted
by WSDOT staff or independent third parties where there is evidence of contamination on the
Leased Premises, or where WSDOT is directed to conduct such audit by an agency or agencies
Monitoring Well Agreement Page 6 of 14 I.C. No. 5 -39 -08826
having jurisdiction. The CITY will reimburse WSDOT for the cost of such investigations, where
the need for said investigation is determined to be caused by the CITY's operations. The CITY
will provide WSDOT with notice of any inspections of the Premises, notices of violations, and
orders to clean up contamination. The CITY will permit WSDOT to participate in all settlement
or abatement discussions. In the event that the CITY fails to take remedial measures as duly
directed by a state, federal, or local regulatory agency within Ninety (90) days of such notice,
WSDOT may elect to perform such work, and the CITY covenants and agrees to reimburse
WSDOT for all direct and indirect costs associated with WSDOT's work where those costs are
determined to have resulted from the CITY's use of the Premises. The CITY further agrees that
the use of the Premises shall be such that no hazardous or .objectionable smoke, fumes, vapor,
odors, or discharge of any kind shall rise above the grade of the right of way.
D. For the purposes of this Agreement, "Costs" shall include, but not be
limited to, all response costs, disposal fees, investigatory costs, monitoring. costs, civil or
criminal penalties, and attorney fees and other litigation costs incurred in complying with state or
federal environmental laws, which shall include, but not be limited to, the Comprehensive
Environmental Response, Compensation and Liability Act, 42 .U.S.C. § 9601, et seq.; the Clean
Water Act, 33 U.S.C. § 1251; the Clean Air Act, 42 U.S.C. § 7401; the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901; and.the Washington Model Toxics Control Act, Ch.
70.105D RCW, et seq.; including all amendments and /or revisions to said laws and regulations.
E. CITY agrees to defend, indemnify and hold harmless WSDOT from and
against any and all claims, causes of action, demands and liability including, but not limited to,
any costs, liabilities, damages, _expenses, assessments, penalties, fines, losses, judgments and
attorneys' fees associated with the removal or remediation of any Hazardous Substances that
have been released, or otherwise come to be located on the Premises, including those that may
have migrated from the Premises through water or soil to other properties, including without
limitation, the adjacent WSDOT property, and which are caused by or result from the CITY's
activities on the Premises. The CITY further agrees to retain,. defend, indemnify and hold
harmless WSDOT from any and all liability, arising from the offsite disposal, handling,
treatment, storage, or transportation of any such Hazardous Substances removed from the
Premises.
F. The provisions of this section shall survive the termination or expiration of
this Agreement.
14. WSDOT's Rijlht of Entry and Inspection. WSDOT, for itself, its agents and
contractors, and for the Federal Highway Administration, reserves the right to enter upon the
Premises at any time without notice to the CITY for the purpose of inspection,. maintenance,
construction, or reconstruction of the highway facility or any element thereof, or to perform
environmental audits as provided for elsewhere in this Agreement. Any loss of the use of the
Monitoring Well Agreement Page 7 of 14 I.C. No. 5 -39 -08826
Premises due to WSDOT's exercise of such right will be compensated for solely by a pro rata
reduction of rent. WSDOT shall in no way be responsible for any incidental or consequential
damages due to such loss of use, if any, by the CITY. WSDOT and the Federal Highway
Administration may from time -to -time go upon the Premises for the purpose of inspecting any
excavation, construction, or maintenance work being done by the CITY.
15. Indemnification.
A. CITY will protect, save and hold harmless WSDOT, its authorized agents
and employees, against all claims, actions, costs, damages or expenses of any nature whatsoever,
by reason of the acts or omissions of the CITY or its representatives, agents, contractors, and
employees arising out of or in connection with acts or activities on the Premises. The CITY
further agrees to defend WSDOT, its agents and employees in such claims or actions, including
but not limited to, attorney fees and costs, arising out of or in connection with the acts or
omissions of the CITY or its representatives, agents, contractors or employees on the Premises.
The obligations in this paragraph shall not include such claims, costs, damages or expenses to the
extent caused by the acts of WSDOT or its authorized agents or employees; Provided, that if the
claims or damages are caused by or result from concurrent acts of (a) WSDOT, its agents or
employees, and (b) CITY its agents or employees, or involves those.actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the acts or
omissions of the CITY and its representatives, agents, contractors, or employees.
B. CITY specifically assumes potential liability for actions brought by the'
CITY's own employees against WSDOT and, solely for the purpose of this indemnification and
defense, the CITY specifically waives any immunity under the state industrial insurance law,
Title 51 RCW, which waiver has been mutually negotiated by the parties.
C. The provisions contained in this section shall survive the termination or
expiration of this Agreement.
16. Insurance.
. A. CITY warrants that it is self - insured, and agrees to provide acceptable
evidence. of its self- insured status to WSDOT. The CITY's insurance policy must provide
liability coverage for the Premises, including public liability coverage for bodily injury, property
damage, and personal injury of not less than Two Million and no /100 Dollars ($2,000,000.00)
combined single limit per occurrence, with a general aggregate amount of not less than Four
Million and no /100 Dollars ($4,000,000.00) per. policy period. The CITY shall increase the
policy limits at its sole cost, when and if WSDOT deems it necessary due to the CITY's use of
the Premises.
Monitoring Well Agreement Page 8 of 14 I.C. No. 5 -39 -08826
B. CITY assumes all obligations for premium payment, and in the event of
nonpayment, the CITY is obligated to reimburse WSDOT the cost of maintaining the insurance
coverage and any legal fees incurred in enforcing such reimbursement should the CITY fail to
pay the policy premiums.
C. Coverage, if obtained by the CITY in compliance with this section, shall
not be deemed as having relieved the CITY of any liability in excess of such coverage:.
D. In the event the CITY, after commencement of this Agreement, elects to
terminate its self - insured status and secure commercial liability coverage, the CITY will
promptly notify WSDOT, and provide a certificate of insurance from an insurer licensed to
conduct business in the State of Washington, in the amounts and types as set forth in Section 16
A. above. Further, the CITY shall provide a certificate of insurance within Ten (10) calendar
days of receiving a written notice from WSDOT for an increase in the coverage amounts.
17. Additional Construction Prohibited. No new construction by the CITY is
permitted for the .duration of this Agreement, except as may be approved in advance and in
writing by WSDOT. The installation of a single monitoring well as set forth in Exhibit B,
attached hereto and by this reference made a part hereof, is hereby approved by WSDOT.
18. Nondiscrimination. CITY for itself, its successors and assigns, as part of the
consideration hereof, does hereby agree to comply with all applicable civil rights and
antidiscrimination requirements, including, but not limited to, Chapter 49.60 RCW.
19. Assignment. CITY may assign this Agreement to a successor governmental
entity having responsibility for monitoring groundwater quality, with the prior written approval
of the WSDOT Property Management Program Manager.
20. Performance By WSDOT. If CITY defaults in the performance or observation
of any covenant or agreement contained in this Agreement, WSDOT, without notice if deemed
by WSDOT that an emergency exists, or if no emergency exists, with thirty (30) days prior
written notice, may direct the CITY to stop work and may itself perform or cause to be
performed such covenant or agreement and may enter upon the Premises for such purpose. Such
emergency shall include, but not be limited to, endangerment of life, the highway facility or
failure of the CITY to obtain in a timely manner the specified insurance coverage. The CITY
shall reimburse WSDOT the entire cost and expense of such performance by WSDOT within
thirty (30) days of the date of WSDOT's invoice.. Any act or thing done by WSDOT under the
provisions of this section shall not be construed as a waiver of any agreement or condition herein
contained or the performance thereof.
Monitoring Well Agreement Page 9 of 14 I.C. No. 5 -39 -08826
21. Surety Bond. CITY shall provide WSDOT with a surety bond in the amount of
$10,000.00 written by a surety company authorized to do business in the State of Washington.
The surety bond shall be for work related to the removal of the well. The bond shall be furnished
to WSDOT upon execution of this Agreement and shall remain in force until released in writing
by the WSDOT Property Management Program Manager.
22. Modifications. This Agreement contains all of the agreements and conditions
made between the parties hereto pertaining to the Premises and may not be modified orally or in
any manner other than by written agreement signed by all parties. Failure on the part of WSDOT
'to enforce any covenant or provision herein contained shall not discharge or invalidate such
covenant or provision or affect the right of WSDOT to enforce the same in the event of any
subsequent breach or default.
23. Interpretation. This Agreement shall be governed and interpreted in accordance
with the laws of the State of Washington. The titles to paragraphs or sections of this Agreement
are for the convenience only and shall have no effect on the construction or interpretation of any
part hereof.
24. Binding Agreement. It is understood and agreed.that delivery of this Agreement
is hereby tendered and that the terms and obligations hereof shall not become binding upon the
State of Washington unless and until accepted and approved hereon in writing for the State of
Washington, Department of Transportation, by its Property Management Program Manager.
25. ' Attorneys' Fees. In the event of any controversy, claim; or dispute arising out of
this Agreement, each party shall be solely responsible for the payment of its own legal expenses,
including but not limited to, attorney's fees and costs.
26. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Agreement shall be. construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
27. Venue. CITY agrees that the venue of any action or suit concerning this
Agreement shall be in the Thurston County Superior Court and all actions or suits thereon shall
be brought therein, unless applicable law requires otherwise.
28. Totality of Agreement. It is understood that no guarantees, representations,
promises, or statements expressed or implied have been made by WSDOT except to the extent
that the same are expressed in this Agreement.
Monitoring Well Agreement Page 10 of 14 I.C. No. 5 -39 -08826
e
29. Authority. CITY warrants that the person executing this Agreement on behalf of
the CITY has been duly authorized to execute this Agreement on behalf of the CITY.
30. Notices. Wherever in this Agreement notices or information are to be given, they
will be served, personally delivered or sent by certified or overnight mail addressed to the parties
at the address listed below unless 'a different address has been designated in writing and
delivered to the other party:
WSDOT: DEPARTMENT OF TRANSPORTATION (Mailing Address)
Attn.: Property Management Program Manager
P. O. Box 47338
Olympia, WA 98504 -7338
DEPARTMENT OF TRANSPORTATION (Physical Address)
Attn.: Property Management Program Manager
243 Israel Road, S.E., Suite 101
Tumwater, WA 98501 -6415
AND DEPARTMENT OF TRANSPORTATION
Attn.: Assistant Maintenance Superintendent
P.O. Box 12560
Yakima, WA 98909 -2560
CITY: CITY OF YAKIMA
Attn.: City Engineer
200 South Third Street.
Yakima, WA 98901 -2830
Monitoring Well Agreement Page 1 1 of 14 I.C. No. 5 -39 -08826
Signatures:
CITY OF YAKIMA
!1i► _
Dated: % . 1
CITY CONTRAC f NO: --- C?�O// '
RESOLUTION NO:
Accepted and Approved by:
WASHINGTON STATE
DEPART ENT OF TRANSPORTATION
By: /14 it
Cynt is Tremblay, Prope
Management Program Manager
Dated: -)'13 111
APPROVED AS TO FORM
By: k
Assistant Attorney Gene al
Dated: ZS-, 20��
Monitoring Well Agreement Page 12 of 14 I.C. No. 5 -39 -08826
WSDOT ACKNOWLEDGMENT
STATE OF WASHINGTON )
COUNTY OF THURSTON )
On this 3ra day of ,r 2011_ before me personally appeared
Cynthia Tremblay, to me'. known to be the duly appointed Property Management Program
Manager, and that.she executed the within and foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said State of Washington, for the uses and
purposes therein set forth, and on oath states that she was authorized.to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
�`D day of —52011
(Si ature)
(Ant or type name)
Notary Public in and for the State of Washington
residing at i e rco , nL,p
My commission expires 5 -30 - old
Monitoring Well Agreement Page 13 of 14 I.C. No. 5 -39 -08826
S
AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON
) ss
COUNTY OF )
On this day of ��, 2010 before me personally appeared
n( to me known to be the duly appointed
am Aws and that e she executed the within and
foregoing insdument a4 acknowledgcU the said instrument to be t her free and voluntary act
and deed of said State of Washington, for the uses and purposes therein set forth, and on oath
tha e6she was authorized to execute said instrument.
IN WITH SS WHEREOF, I have hereunto set my hand and affixed my official seal the
C day of D2 , 2010.
� R PRIG "''��,,��
V ,%
6•:
qT••••.......
% „F OFWP..a�`•
Monitoring Well Agreement
REV. 4/2009
0jAjXX--'P 1 r
a_J
(Signature)
Cpl
/U
(Print or t pe name)
Notary Public in and for the State of Washington
residing atbWaMpi
My commis# n expires
Page 14 of 14
I.C.-No. 5 -39 -08826
I� FIA
•;�d+ ���� as
%' :j �'�;Y'A�AUq+'',�^° °•yam
`
—_—_—
�
| --~-�
NE k SF 14
SEC. ia
......... ... . ........
IND
ACCESS NOTES:
UTY OF
LIEUND
YAMMA
SCALE IN FEET
"WR
��_
GRADE INTERSECTI
GKOWE INTERSECTION
o
YAMM
Ave.
GATEW
Lincoln
TkNNAMK LINT
2 -4'
Varies
0 \ \ \\ \
W
O
E
x
a
CL
n
d
2'
Deep Aquifer
Monitoring Well
Flush Mount Protective Casing
Slip Cap
Concrete Surface Seal
Pea Grovel
Benlonite Chips or
No. 20 -40 Sand
2 —in 10 Schedule 40
PVC pipe with flush
threaded "pints end
Vitan "0" rings
Temporary Steel Casing
High Solids 8entonite
Crout (Pure Cold Grout)
\�Clociol TII \\
Deep Aquifer
Bentonite chips
Sand Pack (No. 20 -40)
2 —in. 10 Schedule 40
PVC (0.01 —in. Slotted Screen)
Not to Scale 1, b
Typical Monitoring Well Construction
d
EXHIBIT B
Well Agreement
MW -05 -12758
IC No. 5 -39 -08826
Paqe 1 of 1