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Home My WebLink About14452RESOLUTION NO. 14452 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CGRS FOR THE USE OF THE WEST 24TH STREET RIGHT-OF-WAY BETWEEN NORTH ELIZABETH STREET AND GREENWOOD STREET TO INSTALL GROUNDWATER MONITORING WELLS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to CGRS for the use of the th West 24 Street Right-of-way between North Elizabeth Street and Greenwood Street to install groundwater monitoring wells. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: August 10, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 10, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CGRS FOR THE USE OF THE WEST 24TH STREET RIGHT-OF-WAY BETWEEN NORTH ELIZABETH STREET AND GREENWOOD STREET TO INSTALL GROUNDWATER MONITORING WELLS SUMMARY: Attached is an application for a revocable permit submitted by CGRS. PREVIOUS COUNCIL ACTION: None. BACKGROUND: th CGRS is requesting to use the West 24 Street right-of-way between North Elizabeth Street and Greenwood Street to install groundwater monitoring wells as regulated by the Colorado Department of Labor and Employment, Division of Oil and Public Safety. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent installation of the groundwater monitoring wells. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Site Plans Reception 2188866 08/14/2020 03:26:48 PM REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo,a Municipal Corporation,(the"City"),the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name,Address and Telephone Number of Permittee: CGRS,1301 Academy Ct,Port Collins,CO 80524.970-493-7780 2. Permitted Area: W.24th St and alley east of N.Elizabeth St,Pueblo,CO 3. Purpose of Revocable Permit: To install groundwater monitoring wells 4. Authorized Improvements:groundwater monitoring wells 5. Commencement Date: August 27,2020 Time: 10:00 AM 6. Ending Date: Indefinite Time: PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE"PERMIT")REPRESENTS,WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures,including the groundwater monitoring wells,as authorized to be placed in the Permitted Area by Permittee (the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances,rules and regulations of City,this Permit and applicable law. Permittee expressly acknowledges and shall comply with all obligations it may have under Article 1.5 of Title 9 of the Colorado Revised Statutes,and the City shall have no obligations with respect to notification of the existence of the Improvements with respect to any excavation conducted in or around the Permitted Area or otherwise. Consistent with and in further clarification of paragraph(1),Permittee expressly acknowledges and agrees that City shall have no responsibility or liability for any damage or injuries to the Improvements resulting from any excavation conducted in or around the Permitted Area whether done by the City,its officers,employees,agents or unrelated third party. (c) Reserved. (d) Reserved. (e) Before the Time of the Ending Date,or immediately upon any other termination of this Permit,Permittee shall,at Permittee's expense,remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense,remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses,including reasonable attorney fees,incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair,free from litter, waste and debris. (g) Permittee shall indemnify,defend and hold City,its officers,agents and employees harmless from and against any and all suits,claims,liabilities, loss,damages and expenses,including reasonable attorney fees and cost of defense,arising,directly or indirectly,from or caused by the issuance of this Permit or the conditions hereof,or the existence,construction,installation,repair or maintenance of the Improvements in the Permitted Area,or the use of the Permitted Area or Improvements by Permittee,its officers,agents,employees,invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby,may be conveyed,assigned,transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance,assignment,transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. (i) Pennittee shall keep and maintain commercial general liability insurance covering the Permitted Area and the Authorized Structure in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an Underground encroachments(with insurance)(3/9/20). 2188866 08/14/2020 03:26:48 PM Page: 2 of 2 R 18.00 0 0.00 T 18,00 Gilbert Ortiz Clerk/Recorder Pueblo County. Co IN EllAlT�i��'I� ra kti ��.�i ' �di1�k!'�I'�n��i�� 1I II 1 additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph I above. (ii) If to City, I City Hall Place,Pueblo,Colorado,81003,Attention:Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k). (1) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City may injure,damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area,and City shall have no responsibility or liability for any damage or injuries thereto,whatsoever the cause,including, but not limited to,the acts or omissions of City,its officers,employees,or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events:(i)the Time of the Ending Date,(ii) abandonment or non-use by Pennittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee,(iv)automatic revocation as provided in above paragraph(h);or(v)revocation or termination of this Permit by resolution of the City Council of City.The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(f)until the Authorized Improvements have been removed by Permittec in compliance with paragraph(e). (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City,in its sole discretion,for any reason or no reason,at anytime,without liability to City,and without notice to or hearing by Pennittee. Pennittee waives any and all right or claim to such notice,hearing,and liability of the City. Signed in Pueblo,Colorado this 16 day of July ,20 20 PERMITTEE: Organization: CGRS,Inc. By: Tarah Winterfeld on behalf of Mark Ward,REP Title:Project Manager,REP STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the 16 day of July ,20 20 by Tarah Winterfeld as Staff Geologist CGRS Inc. My commi .. -. .ires: 4®2-02 • JENNIFER SC OEDEL V [SEAL] Notary Public State of Colorado Notary ID#19974007383 Notary Public My Commission Expires 04-24-2024 APPRS VED this /6 'L day of}/r 20 Zo . PUEBLO,a Municipal Corporation • By 71to s,6t/ Nicholas . adisar,Mayor Underground encroachments(with insurance)(3/9/20). -� CGRS SOLUTIONS DELIVERED July 13, 2020 City of Pueblo Department of Transportation 350 Alan Hamel Avenue Pueblo, Colorado 81003 Subject: Groundwater Monitoring Well Construction Burritos Betty 2401 North Elizabeth Street Pueblo, Pueblo County, Colorado 81003 CGRS Project No. 1-996-14867aa Dear Sir/Madam: The purpose of this letter is to declare the intent to construct up to five groundwater monitoring wells in the public right-of-way in Pueblo, Colorado. Two wells will be insatlled in August 2020, and will be located along the south side of West 24th Street, between North Elizabeth Street and North Greenwood Street. The wells are necessary in order to conduct environmental impact assessment activities for our client, the Colorado Department of Labor and Employment—Division of Oil and Public Safety (OPS), who oversees remediation at the property located at 2401 North Elizabeth Street. In October 2020,two to three additional soil borings will be installed in the same area,which may or may not be completed as permanent monitoring wells based on the results of samples collected in August. All borings will be advanced using solid-stem auger drilling methods, to a depth of approximately 50 feet below ground surface in order to reach the groundwater table. The wells will be constructed of 2-inch diameter, PVC well materials, and completed at the surface with 8.25-inch diameter, flush-mount, steel manways with secure covers. The finished manways will be suitable for normal traffic. Every attempt will be made to minimize disruption to traffic and normal use,and to avoid disturbance of landscaping in the area during installation. Upon completing the wells, the area will be returned as close as possible to its original condition. The wells will be properly permitted through the Colorado Department of Water Resources. If you have any questions or concerns, please contact project manager Mark Ward at(970)493-7780. Sincerely, CGRS, Inc. Tarah Winterfeld, G.I.T. Staff Geologist Attachments: Site Map with Boring Locations Certificate of Insurance for Permittee, CGRS, Inc. Surety Bond Revocable Permit Application Certified Traffic Control Plan www.cgrs.com 1301 Academy Ct. 1 800 20 )) 7 )12Fort Collins CO 80524 2417 N.ELIZABETH ST. , (BASE.MiiNT) W GARAGE t J ' J Q N 2422 N. CA ELIZABETH O I ST. n� (SOG) 2415 N. . co 4,, ELIZABETH ST. Q `�, 4 (BASEMENT) N Oh, J .i _ TH-24 CITY OF PUEBLO ELIZABETH Si. j! O PUBLIC PARK (BASEMENT) qx ` '6 0 09 7B-11I W W rH-10T1-15R� (e I ' ' t l H . .7:----7,--__. -. J co �TH-25 r ,.'1:,._1,) _X -- - I 2416 N. 1., �'}� m ELIZABETH ST. Mw-,1 G1► I 2411 N. ,�( (BASEMENT) ZABETH ST. N i „ MENT)* ,J VP-El W TF12„ �... SB-04 g1F w 9 1'RR �. O 2412 N. 2409 N. MW-drs Z ELIZABETH ST. ELIZABETH BASEMENT) MW-500+ ___0, I(BASEMENT)1 0IiiMW-43 r_ `SHED nE REMEDIATJQN', MW-46y A.__ Urk VP-02 1 T:05;; 058-01 I ,�� APPROXIMATE SMW-4a T6-M1rj" '.,�:� � r ;� FORMER ,,�.. UV`8CS f �� TANK BASIN MW P6 ''I q,„ ;w / S.-�2 MWwi7� 2yrk . ZVPa1.y TB-06 519 W. �' 517 W. 515 W. =VI-''' BURRITOS 4 X 24TH ST. 24TH ST. 24TH ST. OFWETTY f (I SEMENT) (CRAWL l�' g j 2401 N. 4., (BASEMENT) UTILITY BOX MW-48 SPACE) r ( LIZABETH X ST, i-, i (SOC) <. LIDS SB-030 1 ,oryGflrrr . MW-49 6J 1'F2ANSFORMLR j I i •--- ' ON- llgE LINE l'yT8.41 lly�: _ VALVE --X X �.._i._-, - -ra- ,� VAULT _ t 4 - t_. t 1 immty 8 _-__._U _0E ._i(pF_ — it„E I E —1...--ugE_-.-__ 1:6)._ --__--.. i��, -: ti',, ;j. -_ W__.__.._-..-_.. rB6j0M1.. ” — _CONCRETE < f. r TB-D31 LID 41 , t 1 mI w w " w w- w _- w w --_ w._.__ w WEST 24T! STREET w ---_1 w „ - I ° MW 54 MW 1 . , .I X40,:( 11 rH eCs -- --- Installed on second mobilization.Sample 4 — �^' "` " - . f results from first mobilization will -. " ,,,,,,, determine if these will be permanent « LU ,,,,,,,,,,w,-..-. 1 " ej„„ wells or just soil borings. d; J GARAGE -, ..,4", y ri :"< 518 W. 1` _ 0.. « d ` r 24TH ST. J LEGEND ____ APPROXIMATE (BASEMENT) 516 W. , " i, PROPERTY BOUNDARY S MONITORING WELL , 24TH ST, ' ———— m VAPOR POINT LOCATION APPROXIMATE SOURCE AREAligt M i "'= , , O SOIL BORING LOCATION X FENCE LINE • DESTROYED WELL — w— WATER LINE POE LOCATION FIGURE TREE —SAN SEWER LINE BURRITOS BETTY OPS EVENT ID 4821 O UTILITY POLE — c — GAS LINE 2401 NORTH ELIZABETH STREET PUEBLO,COLORADO STREET LIGHT —one— OVERHEAD ELECTRIC LINE I� PROJECT: DRAFT: (SOG) SLAB ON GRADE —UgE— UNDERGROUND ELECTRIC LINE 0 to 20 I30 40 50 1-996-14867aa CLB 4 --- CGRS OPT— OVERHEAD TELEPHONE LINE DATE: REVIEW: sa,_ ,,oNs of ,�EAEo SCALE IN FEET 8/19/2019 TSW