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HomeMy WebLinkAbout14468RESOLUTION NO. 14468 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO APEX COMPANIES FOR THE USE OF THE NORTH ELIZABETH STREET RIGHT-OF-WAY ON THE WEST SIDE OF 510 WEST 29TH 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 Apex Companies for the use th of the North Elizabeth Right-of-way on the west side of 510 West 29 Street, including the median island, 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 September 14, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 14, 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 APEX COMPANIES FOR THE USE OF THE NORTH ELIZABETH STREET RIGHT-OF-WAY ON THE WEST SIDE OF 510 WEST 29TH STREET TO INSTALL GROUNDWATER MONITORING WELLS SUMMARY: Attached is an application for a revocable permit submitted by Apex Companies. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Apex Companies is requesting to use the North Elizabeth Street right-of-way on the west side of th 510 West 29 Street, including the median island in the center of Elizabeth 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 Plan, Traffic Control Plan, & Well Design re: Resolution 14468 Reception 2194575 09/29/2020 03:33:32 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:Apex Companies,LLC 4150 Dartey Ave.Ste.1 Boulder,Co 80305,541-749.0508 2. Permitted Area: sio w.29th.St.Pueblo,CO s1008.ROW adjacent to the property. 3. Purpose of Revocable Permit: To install groundwater monitoring wells 4. Authorized Improvements: groundwater monitoring wells 5. Commencement Date:September2020 Time: sAM 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 Perminee'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 he 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) Permittee 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). 2194575 09/29/2020 03:33:32 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co liii1111/I kidlailki ill'iLhi'*li0I'JA WIC, 111111 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 he in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph 1 above. (ii) If to City, 1 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 Permittee 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 Permittee 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 Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City. Signed in Puebto, Colorado this a6 day of /TUq Jc ,20 vpQ . DGl4.a ,J PERMITTEE: Organization: Apes COM pay le S , L.LL By: � ,% Sky (&' eivno Title: pfd)e__CA' /AAA a9{�7 STATE OF COLORADO ) J COUNTY OF Ritillt0 )ss.. The foregoing iinnsttrument was acknowledged before me the 9�* day of N Acj-- ,20 90 by SWM( `J ''n V' as My commission expires: L4 ) CORI L MONDRAGON NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20194020851 APPROVED this /17 day of ,2(PO . MY COMMISSION EXPIRES JUNE 4,2023 PUEBLO,a Municip 1 Corporation By Ni A",41000,41047;, Mayor Underground encroachments(with insurance)(3/9/20). APEX August 18, 2020 Mr. Michael Barela City of Pueblo, Department of Transportation 350 Alan Hamel Avenue Pueblo, Colorado 81003 Subject: Revocable Permit Application Former Giannetto Oil Company, Event ID 7256 520 West 29th Street, Pueblo, Colorado 81003 Apex Project No. 5164 Dear Mr. Barela: Apex Companies, LLC (Apex) is requesting a revocable permit for groundwater monitoring well installation within the City of Pueblo public right-of-way(ROW),at the above referenced site(Figure 1). Permit application fees will be submitted to the City of Pueblo upon submittal of this application. Apex and its drilling subcontractor, are planning installation of one groundwater monitoring well (MW-22) on Pueblo ROW during the 2nd half of September 2020, as shown in Figure 1.The purpose of this drilling event is to add to subsurface and groundwater characterization of the site as regulated by Colorado Department of Labor and Employment, Division of Oil and Public Safety (CDLE/OPS). Well installation is anticipated to take approximately 6 hours. Pending the soil and groundwater contamination found in this well,future groundwater wells may be installed in the ROW to further define the extend of contamination. Potholing will be performed at all locations to clear the boring location of utilities to 6-feet below grade and allow completion of proposed wells. Well MW-22 will be completed with an 8-inch flush mount roadbox. All finished surfaces will be completed flush to the existing ground surface. Thereafter, Apex will perform quarterly groundwater sampling of the newly installed well. Please call me at 541-749-0508 if you have any questions or comments regarding this submittal. Thank you for your time and I hope to hear from you soon. Sincerely, Apex Companies, LLC Skyler Bruno Project Manager Skyler.bruno@apexcos.com Attachments: Figure 1 —Site Plan (showing proposed drilling locations) Certificate of Insurance Revocable Permit Application Traffic Control Plan Apex Companies,LLC•4150 Darley Avenue,Suite 1 • Boulder CO 80305 1 800.637.7494 F 303.423.3535 apexcos.com RETAIL SHOPS RE/MAX REALTORS 511 W.29th ST. VINTAGE BY RIO THRIFT STORE N —_ / K. 501 W.29th ST. / / W-,�-E // \ AMW-2R S / \\ 29th STREET I Ii possible area for future monitoring well installation I HMW-1R / 1111 ,114411 1 Sign �AMW-1 Light po O t 1 MIN 22 AMW-11 0 / Stormwater 1 II J Retention ..�_ \ II Pond ����0 HMW-3 HMW-4S \ 0 II NAM O AMW-10 •MP-1 HMW-4 �VP-1 HMW-8 \ 0 MW-20 J I OAMW-6 \ \ HMW-12 \� 0 Imo/ I I O +MP-3 \ I 1 ( •VP-2 0 4•.MP-4 HMW-7 AMW-3R I • I HMW-11 I.- e 0 /, .. -1- - AMW-4 I i_`'_ /r- SUNFLOWER BANK LANDSCAPING I-- 1/ 1 520 W.29th ST. l�. _I_ _ 0 HMW-9R W /I 1 IMW-6 •. ),Z1,1-oh; V) Q1 II IMP_ ic�opy CI N I I I L�0 M�. IMW-5 0 HMW-61 AMW-8 .. IMW-4 W I0 I I l AMW-9� 1 00HMW-10R 0 HMW-14 s 1 Private electric ASPHALT - - W Light pole IMW-2 1 IMW-3 I 111 I 2 I 0�/— —O HMW-17 1 I Et Et I I a¢ ID OI HMW-13 HMW-5R A 1 1� <a? ASPHALT \ 0Nr _ 1Z U�` 1MW-1 Stormwater • Retention O ,g g • • HMW-15 Pond 0 w I -7 \i ) �• L_ _� - aQ 1 `- - - - � I I O cc I II MH1� • HMW-16 I I• 1 L J I---- O I AMW-5 1 U PUEBLO DRAGON RESTAURANT 2800 N. ELIZABETH ST. Q LEGEND AMW-1 0 Monitoring well MP-1♦ Monitoring point 0 60' VP-1 C Vapor point Approximate Scale IMW-1 Former piezometer MW-22 a Proposed monitoring well Property Boundary FIGURE 1 -Site Plan and Proposed Monitoring Wel — — — Underground Electric Former Giannetto Oil Company — — — — Water line 520 W. 29th St., Pueblo,CO - Gas Apex Job No.5164 Sewer 1�`APEX C,\�, 0 o Underground phone DATE-4/3/20(MC) / FILE-5164 F1.dc Vyj a.. PALMETTO ENV'IRONNIENTAI. GROL`P, LLC` August 7,2020 The City of Pueblo,a Municipal Corporation Revocable Permit Review Committee&Mr.Michael Barela 350 Alan Hamel Ave Pueblo,CO 81003 RE: Letter of Intent for a Revocable Permit To Install Groundwater Monitoring Wells in City of Pueblo Right of Way N Elizabeth Street and W 28th Street, on the N Elizabeth Street grass boulevard between north and southbound lanes as well as between W 28th Street and W 29th Street. Revocable Permit Review Committee&Mr.Michael Barela, Palmetto Environmental Group, L.L.C. (Palmetto), on behalf of Colorado Department of Labor and Employment, Division of Oil and Public Safety (CDLE, OPS), is requesting to install groundwater monitoring wells in the City of Pueblo Right of Way. Three groundwater monitoring wells are proposed to be located in the North Elizabeth Street grass boulevard between southbound and northbound traffic, as well as between West 28th Avenue and West 29th Avenue. One well is proposed to be installed approximately 10 feet east of the southbound traffic and another well is proposed to be installed approximately 20 feet west of the northbound traffic.The third well is proposed to be installed in the center of the grass boulevard median. These wells would be located hydraulically downgradient of the 1" Stop/Alta Convenience Store#3106 gas station. In order to define the extents of the groundwater contamination plume sourcing from the 1" Stop/Alta Convenience Store #3106 gas station, Palmetto will need to install additional groundwater monitoring wells. The attached Figure 1 details the proposed locations of the monitoring wells in relation North Elizabeth Street and West 28th Street. This figure details the site, surrounding properties, existing groundwater monitoring wells and estimated contamination plume. Figure 2 provides the projected mobile drilling rig orientation in comparison to the proposed groundwater monitoring well locations. The drilling rig should not impact or extend into North Elizabeth Street or West 28' Street. Palmetto therefore believes no traffic control plans are warranted, unless the City of Pueblo requests one. Ideally, the two proposed groundwater monitoring wells will provide groundwater impact plume definition; however, there is potential additional use of the Right of Way is needed in the future. After an email conversation with Mr. Michael Barela, Palmetto has included a Revocable Permit Potential Use Area Location Figure to indicate the maximum area Palmetto can foresee requesting future use of. Prior to any activities the Utility Notification Center of Colorado(UNCC)will be contacted and subsurface utilities will be marked. Prior to any drilling activities potholing will be conducted to provide utility clearance to a depth of 5 feet below ground surface. Palmetto will be using Geologic Services & Consultants (GSC) as the drilling contractor to complete drilling activities. GSC has a contractor's license through the City of Pueblo designated as license number 17476. During drilling activities Palmetto and its subcontractor will advance a borehole approximately 15 feet in depth and collect soil and groundwater samples. Following sampling activities the monitoring wells shall be completed with 2 inch PVC piping and an 8-inch diameter traffic rated manhole cover encased in concrete level with the surrounding ground surface (see Figure 3 for groundwater well design). Groundwater monitoring wells will be set in place (303)825-8117 fax(303) 534-5049 D 4995 York Street Denver,Colorado 80216