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Home My WebLink About021425 ORD - 07/14/1992AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GROUNDWATER TECHNOLOGY, INC. TO DRILL AND MONITOR THREE (3) WELLS WITHIN THE RIGHT-OF-WAY OF ELIZABETH AND CLOYDE STREETS, FOR THE CIRCLE K STORE NO. 389, 1802 BALDWIN, TRACY ADDITION AND BALDWIN PARK, NUECES COUNTY, TEXAS, MAP RECORDS AND ESTABLISHING A USE FEE OF $300; 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 Groundwater Technology, Inc. to drill and monitor three (3) wells within the right- of-way of Elizabeth and Cloyde Streets, 1802 Baldwin, Tracy Addition and Baldwin Park, and establishing a use fee of $300, 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 rdinance is passed and shall take effect upon first reading as an emergency measure this the day of �� ; , 1992. ATTE . JjYVz- �C,L Armando Chapa, City Secretary APPROVED: DAY OF MAYOR THE CITY OF CORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORNEY By: (t kl.bk Ca./e L ssistant City Attorney AG5000.187.ajr 021425 tAWAMILMED City of Corpus Christi 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, tor and in consideration ot the sum ot three hundred dollars and no cents (5300.00) to it in hand paid by GROUNDWATER TECHNOLOGY, INC. thereinafter the "Permittee' 1 ot San Antonio, Boxer County, Texas, the receipt of which is hereby acknowledged, does grant, upon agreement with the conditions hereinafter stated, unto said Permittee, a monitoring well permit for the right to install, maintain and remove three monitoring wells 2 inches in diameter, 25 feet deep tor length of time of 2 years, within the property known as Elizabeth and Cloyde Streets Right -Of -Way east, west, and south from the Circle K Store No. 389, 1802 Baldwin, in the City of Corpus Christi as shown on the attached drawing marked Exhibit A. FO HAVE AND i0 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, maintaining and removing said monitoring wells, 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 of 60 days notice in writing by the City of Corpus Christi. b. Permittee shall fully indemnity, save and hold harmless the City of Corpus Christi, its officers, employees and agents lhereinatter 'the Indemnitees") against any and all liability, damage, loss, claims, demands and actions Of any nature whatsoever on account ot 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 are in any manner connected with, or are claimed to arise out of or be in any way connected with, the installation, maintenance or removal of monitoring wells pursuant City of Corpus Christi to of this Permit, unless such injury, loss or damage shall be caused by the sole negligence of the indemnitiees or any of them. Permittee shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from 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 for each injured person; $300,000 tor personal injury arising out of each accident, and $100,000 tor property damage arising, out of each accident. Such policies of 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 Director of Engineering Services. 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 for the installation, monitoring and removing of said monitoring wells. E. Prior to obtaining this permit a variance will be required to backfill the monitoring wells at the time of removal with a solid column of 100% bentonite. in its dry form, throughout the entire depth of the monitoring wells in the City of Corpus Christi right-of-way. The variance must be obtained in writing from the Texas Water Commission in Austin, Texas. Copies of said variance shall be provided to the City and attached hereto for 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 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". G. No public street, or any portion thereof, shall be closed or barricaded to use by the public tor the purpose of installing, repairing, or maintaining the monitoring well until after the Permittee or its contractor has filed with this office a traffic control plan approved by the City Traffic Engineering Office. H. All city utility departments, Central Power & Light, Southwestern Bell and TCI Cablevision of Texas. Inc or any other Page - 2 City of Corpus Chnsti v.M companies that may be affected by the montoring wells must be notified 24 -hours prior to construction. The Texas One -Call number must be notified at 1-800-245-4545 tor existing utilities location. I. 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 wells. K. A City Inspector may request a utility line to be uncovered to verity 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 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 of 5235.10 tor 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 (8) hours per day, and on Saturday, Sunday and/or Holidays, shall be calculated at a daily rate of 544.08 per hour. These funds shall be paid to the appropriate City department within the City of 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. Monitoring wells will only be allowed within the natural ground areas and not in pavement or concrete areas.The monitoring wells will not protrude above the natural ground, in order to Provide safety for the public, and a sealed covering will be Pn9s_. 1. City of Corpus Christi w r provided to prevent surtace water trom entering into said monitoring wells causing possible contamination of said wells. O. Permittee shall adjust or relocate the above described monitoring wells, at its own expense, it 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 wells and the use of said area hereby granted shall in no way interfere with the construction or operation by the City or any ot its franchisees, ot any existing or future proposed sidewalks, utility lines, or other uses, or the repair, maintenance, or replacement thereot. It City (or any franchisee) needs access to the Right -Of -Way containing the monitoring wells, Permittee shall be responsible tor either repairing the monitoring wells to its original condition or removing the monitoring wells 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 of Corpus Christi. T. Monitoring Well Permit will expire two (2) years from the date ot issuing. At which time the monitoring wells will be removed per specifications by the City of Corpus Christi and the Texas Water Commission in Austin, Texas. U. Written notice shall be directed: IF TO CITY: IF TO PERMITTEE: City Engineer David Hrabovsky - Staff Geologist P.O. Box 9277 2503 Boardwalk Corpus Christi, Texas 78469 San Antonio, Texas 78217 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day ot , 19.. ATTEST: CITY OF CORPUS CHRISTI BY: City Secretary Juan Garza, City Manager Page - 4 C1N Of Corpus Chnsu w... APPROVED: 15 day of ,19c1a BY LA (Asok, aga.wast- As$4 t nt itY Attorn Y (.740,-I la- (WC STATEFOF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 , 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 for the State of Texas The above Grant and Privilege is hereby accepted this the i Z day of J L) AJ C , 19 ‘11--; by David Hrabovsky as Staff Geologist, Groundwater Technology, 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. STATE OF TEXAS COUNTY OF BEXAR PERMITTEE Gr1.1 ndwater Tech ologY, Inc. By. Name: David Hrabovsky Title: Staff Geologist This instrument was acknowledged before me 19 Z by David Brabovsky as Staff Geologist of Technology, Inc.,a Texas Corporation, on behalf of Corporation. undwater said 'e ry'Pu lic in nd,3or the ,State of Texas -me: 'd�}Clz (�/f}/ifi�t My Commissi n Expires: o6 j.,! %/� Eaae -_.5 1N3113SV3 AND 30A013 3dV1 A S3OYDI 8V8 MID' CONSTRUCTION AHEAD SIGN 'aA19 NIMa1Ve r0 m5 y Am n8 3dV1 'P 530VaIddV8 '1S H138VZI13 `£ 800 33 nt Cb f 1.1• cc (71 • z P1 PS C D Z =o P1 A A K VI\ D x F w • ONfOd1100 Ad3A0338 In tra IN31Y3SV3 A110 1N3113SV3 A1ID UTILITY CONSTRUCTION AHEAD SIGN 30A010 k.)44 m C.1 iz rn O CO CO 0 L s NJ NJ 0 r m x 1/1 O Z a 0 0 NJ NVId 102111403 31 0 73 A{ 7 n C !n m S X 73 N CO D - m 0 o rn� Z -a0 TR as Z2 S� K R 0 n nisi gift O 41) 101111. T 1 11=(1.10dd 0 O 0 r- 71 O r 0 O EXHIBIT "A" MONITORING WELL SCHEMATIC GROUND SURFACE STEEL ROADBOX VARIABLE 1-2 FEET VARIABLE 5 FEET MINIMUM 10-16 FEET CONCRETE FLUSH WITH GROUND SURFACE LOCKING CAP WELL CASING GRAVEL/SAND PACK BENTONITE/CEMENT GRAVEU SAND PACK NOTE:DRAWING NOT TO SCALE WATER TABLE WELL SCREEN BOREHOLE END CAP GROUNDWATER TECHNOLOGY 1 OOmP- CERTIFICATE PRODUCER Willis Corroon Construction Industry Division One Exeter Plaza Boston MA 02116 1617) 437-6900 Contact Edward J. Matthews III INSURED OF< INSURANCE Groundwater Technology, Inc. 100 River Ridge Drive Norwood MA 02062 10 (M /00/YY) fl MAY -1992 4 5 7 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY LETTER COMPANIES AFFORDING COVERAGE A National Union Fire Insurance Company of _ Pittsburg, PA COMPANY LETTER B COMPANY LETTER C COMPANY D LETTER COMPANY LETTER E COVERAGES is f € ii .. i € '.... :.....,x��. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OP INSURANCE LTril POLICY NUMEIR POLIOY IPPICTIYE DATI(MA/GC/YY) POLICY EXPIRATION DATI(MA/CO/YY) UNITS A GENERAL X LIASLITY COMMERCIAL GENERAL LIABILITY '' GL5419042 '',01 -DEC -1991 01 -DEC -1992 GENERAL AGGREGATE S 1,000,000 PRODUCTS-COMP/OP AGG. $ 1,000,000 CLAIMS MADE II XI OCCUR. PERSONAL & ADV. INJURY E 1,000000 _'i X OWNER'S & CONTRACTOR'S PROT. 1 PER PROJECT GENERAL AGGREGATE APPLIES EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one lire) $ 50,000 X MED. EXPENSE (Any one person) S 5,000 A AUTOMOBLELIABLITY Xl 1 rX i_X—I ANY AUTO All OWNED AUTOS SCHEDULED AUTOS HIAEO AUTOS NON -OWNED AUTOS GARAGE LIABILITY CA5419043 01–DEC-1991 01–DEC-1992 COMBINED SINGLE LIMIT S 1.000.000 BODILY INJURY (Per person) S BODILY INJURY (P7) accident) $ PROPERTY DAMAGE S EXCESS LIABILITY � UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE S _. Y WORKER'S COMPENSATION A AND FMPLOYlRS'LIAILnY WC5419044 01–DEC-1991 01–DEC-1992 STATUTORY LIMITS EACH ACCIDENT S 1,000,000 DISEASE -POLICY LIMIT S 1,000,000 S 1,000,000 DISEASE -EACH EMPLOYEE OTRIR DESCRIPTION OF IONSILOCATIONSNENICLEMSPECIAL RIMS CERTIFICATE HOLDER City of Corpus Christ) c/o Groundwater Tech, Inc CorpasChriist)y�yTTgX 00000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TC '.;r MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTT/.IIC�EE��SpNHiAA(''LL��W�IpNMPpOSE NO OBLIGATION OF LIABILITY OF ANY KIND UPON IPAN'P7794GEIITS QR RREEPpRRESENTATIVES Cony -Wort of MnnarhuBettB AUTRORMID,,_,. TATNE - 9'e: 'hG':l k.l CORPUS CHRISTI, TEXAS 7-1day of 19"V TO THE MEMBERS Y 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, COUNCILMEMBERS MAYOR THE CITY OFCORPUS CHRISTI 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 aid /cif,' 4,4 021425