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Home My WebLink About021426 ORD - 07/14/1992AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GROUNDWATER TECHNOLOGY, INC. TO REPLACE THREE (3) STEEL ROADBOXES ON EXISTING MONITOR WELLS WITHIN THE RIGHT-OF-WAY OF RICKEY STREET AND MCARDLE ROAD FOR THE DIAMOND SHAMROCK STORE NO. 130 AT 6330 MCARDLE, OSO PLACE UNIT 4, NUECES COUNTY, TEXAS, MAP RECORDS, ESTABLISHING A USE FEE OF $150; 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 replace three (3) steel roadboxes on existing monitor wells within the right-of-way of Rickey Street and McArdle Road for the Diamond Shamrock Store No. 130, 6330 McArdle, Oso Place Unit 4, Nueces County, Texas Map Records, establishing a use fee of $150, 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 thi ordinance is passed .and shall take effect upon first reading as an emergency measure this the I ti day of <1_1 , 1992. A 1'1'EST: Armando Chapa, City Secretair M YOR %,,cs-Naza— APPROVED: DAY OF A ,1992 JAMES R. BRAY, JR., CITY ATTORNEY�J- By: Cc,t eawCt-D Assistant Ci Attorney AG5000.185.ajr 021426 THE CITY OF CORPUS CHRISTI MICKOH ED City of L ort)Us nnsti 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 of one hundred and fifty dollars and no cents (*150.00) to it in hand paid by GROUNDWATER TECHNOLOGY,:. - INC. (hereinafter the "Permittee" ) of San Antonio, Bexar 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 tor the right to replace three roadboxes on existing Groundwater Monitoring Wells, within the property known as 6330 McArdle approximately north of Rickey and south of McArdle Streets, 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-of-way tor the purpose of 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. 6. Permittee shall fully indemnify, save and hold harmless the City ot Corpus Christi, its officers, employees and agents (hereinafter damage, loss, whatsoever on limitation on 'the Indemnitees") against any and all liability, claims, demands and actions of any nature account of personal injuries (including, without 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 performance of this Permit, unless such injury, loss or damage shall be caused by the sole negligence of the Indemnitiees or any oT them. City of Corpus C hnsti 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 for personal injury arising out of each accident, and $100,000 for 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 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 for the installation, monitoring and removal of monitoring well. E. Prior to obtaining this permit a variance will be required to backtill the monitoring well at the time of removal with a solid column of 100% bentonite, in its dry form, throughout the entire depth of the monitoring well 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 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 from the appropriate agencies, prior to obtaining this permit. Copies of said permits shall be provided to the City and attached hereto tor all purposes as Exhibit "C". G. No public street, or any portion thereof, shall be closed or barricaded to use by the public for the purpose of installing, repairing, or maintaining the monitoring well until atter the Permittee or its contractor has filed with this office an approved traffic control plan per the City Traffic Engineering Office. H. All city utility departments, Central Power & Light, Southwestern Bell and Texas Cablevision or any other companies that may be affected by the montoring well 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. .Paaa..n. 2 Citv 0' Corpus Christi wy 1. Construction plans and specifications for all work proposed will be submitted to the Department of Engineering tor 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 verify 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. If a City Inspector is required at the job site the Grantee shall pay a daily rate of $235.10 tor 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 of 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 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 left overnight in City right-ot-way. 0. The Permittee and/or its Contractor will not clean equipment or material at site. P. Monitoring well will only be allowed within the natural ground areas and not in pavement or concrete areas.rhe 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 Citv of Corpus Christi O. Permittee shall adjust or relocate the above described monitoring well, at its own expense, it necessary tor the present or future construction of 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 thereof. It City (or any other company with utilities located in said Right -Of -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. 5. 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 three (3) years from the date of issuing. At which time the monitoring well will be removed per specifications by the City at 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 of ----' 19 . ATTEST: CITY OF CORPUS CHRISTI BY: City Secretary Juan Garza, City Manager Page - 4 APPROVED: 1 J day of ,199& By: ‘ALairk- Ass stant ity Attor ey I( Son lauuaj STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 , by Ju - n 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 Z day of rUAJ e , 19 ?Z„ 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. PERMITTEE Groundwater Technology, By. Name: David Hrabovsk Title: Staff Geologic STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on 19947, by David Hrabovsky as Staff Geologist of Gr6tndwater Technology, Inc., a Texas Corporation, on behalf of said Corporation. 21 Inc. to Public in an,dy��to the State of Texas Name: �O4.l CF.. e. /•/LL ild.e�/2�'T My Commiss n Expires:�b/�.Q Page - 5 "15 3101:11/ *VI rn 0 4 t t CITY EASEMENT RICKEY ST. r OR AIN INLET 3dV1 S 530 tl01tltltlS' NUS 0V314V NOILOltl1SNOO Alllllfl 7 LSJJ CONCRETE OR./ LIONT POLE ONLY W TR. M TR t • • 0 0 •lI 5 1 3i II N j It A t pv\ E O D I: • � a t 4) ICA c n z rTr o j O1SOM SOOt3311O0 S -I t> O '0 D -n ,00 T = 1a0 P 3 °20H A y D n r= Z i O m > 0 O r ae; Z aXIEy9 33 m -me Q � O 'y x r U) 31VOS 01 ION dVv1 AIIN101A 0 -4 D O CIRCLE K RICKEY ST. m CHURCH 31E113313 OV3H03A0 3NI1 A1113dOHd — Fa' m O m Om m O � tin zz N y 0 z O 113M ONI1:10IINON EXHIBIT r m 2 O "A MONITORING WELL SCHEMATIC GROUND SURFACE STEEL ROADBOX VARIABLE 1-2 FEET VARIABLE 5 FEET MINIMUM 10-16 FEET NOTE:DRAWING NOT TO SCALE CONCRETE FLUSH WITH GROUND SURFACE LOCKING CAP WELL CASING GRAVEL/SAND PACK BENTONITE/CEMENT GRAVEL/SAND PACK WATER TABLE WELL SCREEN BOREHOLE END CAP ,SEIcrioA/ 1-1717 GROUNDWATER TECHNOLOGY 4411t11. 'IF[�ATE QFi ISS' IAM/OD/YY) PRODUCER Willis One Exeter Boston (617) INSURED Groundwater 100 River Norwood 4579 Corroon Construction Industry Division Plaza MA 02116 437-6900 Edward J. Matthews III 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. CJIFANY LETTERContact _ COMPANY LETTER COMPANIES AFFORDING COVERAGE A National __ _ _ _Pittsburg, B Union Fire Insurance Company of PA Technology, Inc. Ridge Drive MA 02062 COMPANY LETTER C COMPANY LETTER D COMPANY i LETTER E COVERAGES 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. C01 TYPE OF INSURANCE Lntl POLICY NUMBER I POLICY !FFEC IVI DATE (MA/CD/YY) POLICY IXPMATlO4 DATE (MA/DO/YY) LIMITS GENERALLIABLTYGENERAL X COMMERCIAL GENERALLIABILITY 1S' GL5419042 O1—DEC-1991 01—DEC-1992 AGGREGATE $ 1,000,000 PRODUCTS-COMP/OP AGG. $ 1,000,000 I CLAIMS MADE XI OCCUR. PERSONAL A ADV. INJURY $ 1,0001000 A X OWNER'S 8 CONTRACTOR'S PROT. PER PROJECT GENERAL EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one II e) $ 50,000 X AGGREGATE APPLIES MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AIITOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY CA5419043 01—DEC-1991 01—DEC-1992 COMBINED SINGLE LIMIT : 1,000,000 X A �IX BODILY INJURY (Per person) f BODILY INJURY (Per 'seldom) s _X --I j PROPERTY DAMAGE $ EXCESS LIASLITY UMBRELLA FORM J OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ .. ;. WORKER'S COM N A 1 AND WC5419044 01—DEC-1991 EMPLOYERS' LIASLITY 01—DEC--1992 STATUTORY LIMITS 1. EACH ACCIDENT s 1,000,000 DISEASE -POLICY LIMIT s 1,0001000 DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER DESORPTION OF OPERATIONSILOCATIONSMNICLESFSPECIAL ITEMS CER'fIPwave :HOLfiDER ; CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TC MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SOSE NO OBLIGATION OF LIABILITY OF ANY KIND DPO TB OR REPRESENTATIVES City of Corpus Christ) c/o Groundwater Tech, Inc CorpusChristi TX 00000 '.fit . R S if0 SSP CORPUS CHRISTI, TEXAS ,i `1 day of -,, 19 61,4 X 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, COUNCILMEMBERS MAYOR 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 THE CITY OF CORPUS CHRISTI 021426