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HomeMy WebLinkAbout021255 ORD - 10/08/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH APPLIED EARTH SCIENCE, INC., (AES) TO INSTALL A MONITORING WELL WITHIN THE MORGAN AVENUE RIGHT-OF-WAY BETWEEN CROSSTOWN EXPRESSWAY AND 19TH STREET AND ESTABLISHING A USE FEE OF $450; AND DECLARING AN EMERGENCY. TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege Agreement with Applied Earth Science, Inc., (AES) to install a monitoring well within the Morgan Avenue right-of-way between Crosstown Expressway and 19th Street and establishing a use fee of $450, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance isTasse4 and shall take effect upon first reading as an emergency measure this the \< day of LC ,_; , 1991 ATTEST: City Secretary eier "N\� MAYOR THE CITY OF ORPUS CHRISTI APPROVED: "Li DAY OF j H , 1991 JAMES R. BRAY JR., CITY ATTORNEY By: )4 tjif Assistant City Attorney AG5000.050.kp 021255 City of Corpus Christi ww MONITORING WELL - USE PRIVILEGE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES That the City of Corpus Christi, acting by and through its duly authorized City Engineer, Carl Crull, for and in consideration of the sum ot tour hundred and fifty dollars and no cents ($450.001 to it in hand paid by Applied Earth Science, Inc. (AES) ( hereinafter the "Permittee" ) of Houston, Harris County, Texas, the receipt of which is hereby acknowledged, does grant, upon the conditions hereinafter stated, unto said Permittee, a monitoring well permit for the right to install, maintain and remove a monitoring well 4 inches in diameter, 30 Leet in depth and tor a length of time of 3 years within the property known as 2021 Morgan Avenue Right -Of -Way approximately north ot McDonalds Restaurant west of the Crosstown Expressway intersection in the City of Corpus Christi as shown on the attached drawing 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-ot-way for the purpose ot constructing, maintaining and the removal of said monitoring well, and it is further understood that the foregoing monitoring well permit is granted upon the following conditions: A. It is understood and agreed that the monitoring well permit hereby granted may be revoked at any time upon the giving ot 60 days notice in writing by the City ot Corpus Christi. B. Permittee shall fully indemnity, save and hold harmless the City ot Corpus Christi, its officers, employees and agents (hereinafter "the 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 ot or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Permit, unless such injury, loss or damage shall be caused by the sole negligence of the Indemnitiees or any of them. "A" City of Corpus Christi Permittee shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, detend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising trom any such liability, damage, loss, claims, demands and actions. C. Permittee shall have and maintain comprehensive general liability insurance in the minimum amounts of $100,000 tor each injured person; $3UU,UUu tor personal injury arising out of each accident, and $100,000 tor property damage arising out of each accident. Such policies ot insurance shall carry the City as an additional named insured. Upon City's written request, Grantee shall provide copies of all insurance policies. Such policies may not be cancelled, not renewed or materially changed without thirty (30) days written notice to the City. D. Except as otherwise provided herein, all work proposed will equal or exceed The Texas Water Commission and The Texas Water Well Drillers Board rules, regulations and requirements tor the installation, monitoring and removal ot monitoring wells. E. Prior to obtaining this permit a variance will be required to backtill the monitoring well at the time ot removal with a solid column of 10Ut bentonite, in its dry form, throughout the entire depth of the monitoring well in the City of Corpus Christi right-ot-way. The variance must be obtained in writing trom the Texas Water Commission in Austin, Texas. Copies ot said variance shall be provided to the City and attached hereto tor all purposes as Exhibit "B". F. All applicable Federal, State, County and city laws and ordinances shall be complied with and all necessary permits shall be secured trom the appropriate agencies, prior to obtaining this permit. Copies ot said permits shall be provided to the City and attached hereto for all purposes as Exhibit "C". G. No public street, or any portion thereof, shall be closed or barricaded to use by the public tor the purpose ot installing, repairing, or maintaining the monitoring well until atter the Permittee or its contractor has tiled with this ottice an approved trattic control plan per the City Traftic Engineering Office ( Exhibit "D" ). H. All city utility departments, Central Power & Light, Southwestern Bell and T.C.I. Cablevision or any other companies that may be attected by the montoring well must be notified 48 - hours prior to construction. The Texas One -Call number must be notified at 1-80U-245-4545 tor existing utilities location. Page - City of Corpus Christi 1. Construction plans and specifications for all work proposed will be submitted to the Department of Engineering for approval, prior to beginning construction. J. 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. K. A City inspector may request a utility line to be uncovered to verity its depth and/or location. All backfill and repairs ot any kind will be made according to City Standards and/or City inspector's request. A11 work and repairs will be at Permitee's or its contractor's expense. L. it a City inspector is required at the job site the Grantee shall pay a daily rate ot $235.10 for each day spent inspecting Construction, maintenance, repair, replacement, relocation or removal of the monitoring well pursuant to the monitoring well permit. Any time in excess ot eight (8) hours per day, Saturday, Sunday and/or Holidays, shall be calculated at a daily rate of $44.08 per hour. These funds shall be paid to the appropriate City department within the City ot Corpus Christi. M. Should damage occur to a utility line such that sand or soil enters service lines causing problems and/or damage to plumbing in private structures, Permittee shall have sole responsibility tor resolution with individual owners, including all costs associated with resolution. N. No equipment or material may be stored or lett overnight in City right-of-way. 0. The Permittee and/or its Contractor will not clean equipment or material at site. P. The Monitoring well will only be allowed within the natural ground areas and not in pavement or concrete areas. The monitoring well will not protrude above the natural ground in order to provide safety tor the public and a sealed covering will be provided to prevent surface water from entering into said monitoring well causing possible contamination of said well. Page - 3 City of Corpus Christi 0. Permittee shall adjust or relocate the above described monitoring well, at its own expense, if necessary tor the present or future construction ot any public utilities, or change in street grade or pattern on the streets or tor any other reason of the City stated in writing to Permittee. R. 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 thereot. It City (or any other company with utilities located in said Right-Ot-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. S. The rights of construction conferred herein shall not be assigned by Permittee without the prior written consent of the City ot Corpus Christi. 1. Monitoring Well Permit will expire three (3) years from the date of issuing. At which time the monitoring well will be removed per specitications by the City of Corpus Christi and the Texas Water Commission in Austin, Texas. U. Written notice shall be directed: 1F TO CITY: IF TO PERMITTEE: City Engineer P.O. Box 9277 Corpus Christi, Texas 78469 David Bratberg - Vice President 7322 Southwest Freeway Suite 1000 Houston, Texas 77074 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of ATTEST: CITY OF CORPUS CHRISTI City Secretary 8Y: Juan Garza, City Manager Page - 4- City of Corpus Christi APPROVED: 6:__.. day ot BY 19 i;, Assistant City Attorney C7 a.! : a,uczi_, THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged betore me on 9....... , by Juan Garza as City Manager of the City of Corpus Christi, Texas, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and tor the State of Texas iiv;,....�_..$_ - g, 19.27, by Davi e above Grant and Privile e is hereby accepted this the 27day of � d Bratberg as Vice President, Applied Earth Science, Inc, said Permittee agrees to keep and perform the conditions imposed by said Grant and Privilege and that it is bound by all of the terms of same. PERMITTEE,Applied Earth Science Inc. THE STATE OF TEXAS COUNTY OF HARRIS By: Name: avid Bratberg Title:Vice President This instrument was acknowledged before me on 4:e/..P. , 19.9/ , by David Bratberg as Vice President of Applied arth Science, Inc., a Texas Corporation, on behalf ot said Corporation. Notary Public in and tor the State of Texas Barbara A. Swanson My Commission Expires: November 18, 1993. Page - 5 0694-03-02 Park Open Fie/d Ade Residential Residential Residen/ial Residential Commercial Commercial 0 a N 0 Residential Residential Commercial Pawn Shop MORGAN EXXON 6-3676 Dr.'s Office Zone/o xe//Sr/P AVENUE Doctor's Office shoran Pring Shop (5 Residentio/ Residential Residen/ia/ Residential Residential Residential Residential Al/en School Residential NOT TO SCALE Applied Earth Sciences File No. 0694 MADE BY: J.F-. DATE:11-16-90 CHECKED BY: DATE: NAM EXEXON COMPANY USA Station 6-3676 Corpus Christi, Texas SITE VICINITY MAP FIGURE 2 C.,,i,n.•r uA// MEk1BE RS John H. Walker, Chairman Frank Del Rio, Vice Chairman Jerry F. Fontaine, Secretary Cynthia Elaine Hall Gary D. Grant James Frank Grimes Barry Henderson, Jr. Walton O'Neil Lotns Frank Rosenkranz, Jr. TEXAS WATER WELL DRILLERS BOARD 1700 North Congress Avenue P.O. BOX 13087 CAPITOL STATION AUSTIN, TEXAS 78711 (512) 371-6299 July 25, 1991 Ms. Kimberly D. Smith Applied Earth Sciences, Inc. 7322 Southwest Freeway, Suite 1000 Houston, Texas 77074 Dear Ms. Smith: This is in response to your request to plug one monitor well in the City of Corpus Christi right-of-way with a column of 100% bentonite. As per our conversation of July 15, 1991 and after review of all information your variance request is hereby granted. If you have any further information or questions on this matter call me at (512)371-6299. Sincerely, 2.3 (-..-Q-Ce Steve Wiley, Head Water Well Drillers Board Assistance Co • • on .-ar firtZ i. APPLICANT DEPART TNT OF ENGINEERING ..VICES .<AFFIC ENGINEERING DIVISION CORPUS CHRISTI, TEXAS PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT Company Name for Earthied en ExxonCompanyu.S.AInc. Parking Lane Traffic Lane Telephone Number 713_ Loading Zone Sidewalk Use 981-7140 ext. 130 Use Use FEES (Office Use Only) Local Address 7322 Southwest Frwy Ste. 1000 2. 2. Houston, Texas 'Li Code 3. — 3. P 77074 4. 5 Subtotals $ $ CONSTRUCTION SUPERVISOR TOTAL Name(s) Kimberly D. Smith Telephone Number: Day 713-981-7140 Night 713-981-7140 LOCATION OF BLOCKAGE 1233 17TH Street, Corpus Christi. Texas MAKES CHECKS PAYABLE TO: CITY OF CORPUS CHRISTI BLOCKAGE PERIODS Times of Day: B:00a.m. - 5:000.m. Beginning Day: Ending Day: NATURE OF WORK TO BE PERFORMED AND TYPE(S) OF HEAVY EQUIPMENT WHICH WILL OCCUPY THE RIGHT-OF-WAY Installation of -groundwater, surface aquifer, monitor well -with a Mobile B-61 drilling SPECIAL CONDITIONS/TRAFFIC CONTROL SPECIFICATIONS Installation of well to take place on a Sunday morning, site plan with traffic cones and warning sign as shown;any other requests for traffic control, please contact supervisor APPROVED: CONTRACTOR ACKNOWLEDGEMENT DATE: *Note requirement for liability insurance coverage, as per Indemnity Agreement attached. 03CJR.064 Signed 11 Day of July 19 91 Applied Earth Sciences, Inc. Company Name t C✓Q II//lim /'I Ii 'UBLIC RIGHT-OF-WAY BLOCKAGE PERMIT INFORMATION P.rge 2 B. Traffic Lane/Sidewalk Use 1. Permit/Service Fee $90.00 (one time 2. Traffic Lane Closure Fee $ 0.015/sq. ft./day (Min. charge of $5.00/day) 3. Sidewalk and Alley Closure Fee $ 0.003/sq. ft./day (Min. charge of $2.00/day) All fees shall be collected by the Traffic Engineering Division paid in full before the permit is issued or amended. Refunds shall be made as set forth in the Ordinance. Governmental agencies, utility company franchises, and contractors performing work under City contract are exempt from permit fees. WHAT HAPPENS IF A BLOCKAGE PERMIT IS NOT OBTAINED Any person who undertakes to perform any work within a public right-of-way without a valid permit will be subject to prosecution of a misdemeanor violation, the penalty of which is up to $200 for each day of violation. FOR FURTHER INFORMATION CONTACT: TRAFFIC ENGINEERING DIVISION (Engineer Assistant I) Traffic Engineering Division City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 (512) 880-3540 03CJR.064 AseigliAir PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT INFORMATION In January 1975 the City of Corpus Christi enacted Ordinance Number 12425 which established procedures and standards for closure or partial blockage of public right-of-way. Ordinance No. 18573, adopted November 1984, set forth the fees associated with the issuance of a Public Right -of -Way Blockage Permit. Such fees were revised by Ordinance No. 20465 effective September 26, 1988 WHO NEEDS A PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT Any person who undertakes any work upon, in, under, above, or about any public street, highway, roadway, alley or sidewalk, which requires that the street be partially or completely closed for a construction and/or a maintenance operation which requires excavation within or occupancy of the whole or a portion of the width of any public right-of-way by equipment, materials, debris, or workman. WHAT NEEDS TO BE DONE TO OBTAIN A PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT At least five business days prior to the proposed blockage, a permit request must be filed with the Traffic Engineering Division. The permit request will consist of at least an information sheet, a legal indemnification agreement, and a traffic control plan. Within five business days either the permit will be made available at the Traffic Engineering Office or the applicant will be notified by phone as to the necessary changes to the proposed plan. WHAT ARE THE FEES ASSOCIATED WITH A PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT Fees associated with a Public Right -of -Way Blockage Permit consist of a base permit/service fee plus right-of-way occupancy charges based on a cost per square foot per day rate. The base permit/service fee and the occupancy assessment charges are dependent on the location of the work and the specific section of right-of-way to be blocked. The current fees set by Ordinance No. 20465 are as follows: ACTIVITY FEE A. Parking Lane/Loading Zone Use 1. Permit/Service Fee* $80.00 (one time 2. Metered Parking Lane Occupancy Fee $ 0.0135/sq. ft./day (or lane rendered unusable) (Min. charge of $4.25/day) 3. Unmetered Parking Lane Occupancy Fee $ 0.006/sq. ft./day (or lane rendered unusable) (Min. charge of $1.00/day) 4. Meter Removal Fee $20.00 for first meter $ 5.00 for each additional 5. Loading Zone Occupancy Fee $ 0.012/sq. ft./day (Min. charge of $2.00/day) �vAna ,T r' THE STATE OF TEXAS § § COUNTY OF NUECES § INDEMNITY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: Whereas, the City of Corpus Christi has adopted the regulations of the Manual of Uniform Barricade Standards and Practices by enactment of Ordinance No. 12425: and Whereas, Section III of said standards, entitles Procedure and Permit Requirements, requires an applicant for a permit to close or block any part of a roadway to file a statement with the director of the Department of Transportation indemnifying the City against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said city, said permit applicant agrees to indemnify and save harmless the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or be alleged to have arisen directly or indirectly, as a result of the granting of this permit. "Permit applicant, during the term of operations specified in this Public Right -Of -Way Blockage Permit, will provide and maintain at applicant's expense comprehensive general liability insurance coverage with a contractural liability endorsement and with minimum limits of $100,000 per person, $300,000 per occurrence, and $50,000 for property damage, or will provide coverage as required by the Risk Manager of the City of Corpus Christi pursuant to Ord. 19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage will be by a Certificate of Insurance furnished to the director of the Department of Transportation prior to the proposed blockage under this Permit." Witnessmy(our) hand(s) this 11 day of July , 1991 02CJR.029 Kimberly D. Smith Permit Applicant Hydroneologist Title Applied Earth Sciences, Inc. Company Name 11 go. r rd,R /T r Safety Control Plan 0) O p 1 U e0 ` Orn 0 o m L D_' N m 0 rn (0 0 r 11. C 4 Corpus Christi,.Texas day of 'l I L ,19 ' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 F CORPUS CHRISTI 021255