Mon. Well, Maxim Tech. Kerper BCITY OF DUBUQUE, IOWA
MEMORANDUM
July 9, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Monitoring Well Installation - Maxim Technologies, Inc.
The City received a request from Maxim Technologies to place a monitoring well within
City right-of-way in the center median along Kerper Boulevard for annual monitoring. All
appropriate documents, including a map of the well location and proof of liability
insurance have been submitted by Maxim Technologies and Rainbo Oil Company and
have been approved by City staff. Public Works Director Mike Koch recommends
approval of this request and approval of the execution of the License Agreement Right-
of-Way Entry for Site Assessment and License Agreement Right-of-Entry for the City of
Dubuque property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
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TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 6, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Monitoring Well Installation - Maxim Technologies, Inc.
INTRODUCTION
This is in response to a June 21, 2001 request from Maxim Technologies to
place a monitoring well within City right-of-way in the center median along
Kerper Boulevard for annual monitoring.
DISCUSSION
In order for Kwik-Stop Food Mart, 2255 Kerper Boulevard, to comply with
the State of Iowa Site Monitoring Report, an annual sampling and testing is
required. Maxim Technologies is requesting permission to place a monitoring
well in the center of the median of Kerper, north of the Fengler intersection.
The monitoring well will be approximately 15 feet deep, 1" PVC, and will be
placed at ground level with a flush well cover. Iowa One-Call will be
notified, all appropriate road construction signage will be required and an
excavation permit will be obtained.
City Council approval would be in the form of a License Agreement between
Maxim Technologies and the City which outlines the responsibility of Maxim
Technologies, provides an indemnity to the City, and requires proof of
liability insurance for placement of the monitoring wells on City property.
The attached License Agreement provides that the City shall have no liability
for any environmental contamination occurring on the project's property, on
City property, or on adjacent private property as a result of contamination
from the property owner's site.
Once the wells are installed, Rainbo Oil Company would be the responsible
party. A license agreement has been forwarded for City Manager approval.
This agreement also agrees to defend, indemnify and hold the City harmless.
In addition, the licensee agrees that when a monitoring well is no longer
needed for monitoring purposes, or if advised by the City, that the City
property upon which the well is located is required for municipal purposes,
the licensee shall remove the wells from City property and abandon them in
compliance with all Federal, State and local laws.
RECOMMENDATION
All the appropriate documents, including a map of the well location and proof
of liability insurance, have been submitted by Maxim Technologies and
Rainbo Oil Company and have been approved by City staff. I would,
therefore, recommend that the request to install the groundwater monitoring
well on the City property adjacent to 2255 Kerper Boulevard be approved, l
would further recommend that the City Council adopt the attached resolution
authorizing the Mayor to execute the attached License Agreement Right-of-
Way Entry for Site Assessment and the City Manager to execute the License
Agreement Right-of-Entry for the City of Dubuque property.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing
the Mayor to execute the License Agreement with Maxim Technologies.
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864
RESOLUTION NO. 327-01
RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND MAXIM TECHNOLOGIES, INC. TO
INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY IN THE
VICINITY OF 2255 KERPER BOULEVARD
WHEREAS, Maxim Technologies Inc. has requested permission from the City of
Dubuque to install a groundwater monitoring well on City right-of-way of Kerper
Boulevard, for the purpose of assessing groundwater conditions relating to the Kwik
Stop Food Mart.
WHEREAS, a License Agreement Right-Of-Entry for Site Assessment has been
prepared outlining the responsibilities of Maxim Technologies, Inc. in the installation of a
monitoring well on the public fight-of-way; and
WHEREAS, the performance of the activities of Maxim Technologies, Inc. will be
at no cost or expense to the City and all work will be performed by the Licensee, Maxim
Technologies, Inc., or its employees, agents for subcontractor; and
WHEREAS,
Agreement for the
requested.
it is the desire of the City Council to enter into said License
installation of a monitoring well in the public right-of-way as
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the License Agreement for Right-Of-Entry for Site Assessment
be and the same is hereby approved.
Section 2. The Mayor be and is hereby authorized to execute said License
Agreement for and on behalf of the City Council.
2001.
Attest:
Passed, approved and adopted this
16th day of July ,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
June 21,2001
Michael Koch
Public Works Director
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001-4864
RE: Right-of-Entry Agreement
Kwik Stop Food Mart
2255 Kerper Boulevard
Dubuque, Iowa
Dear MayodCify Council:
Maxim Technologies, Inc.® (Maxim) respectfully requests permission to advance a 3" hand auger beqng to an
approximate depth of 15 feet and convert it to a permanent monitoring well in the center median along Kerper Boulevard
north of the intersection with Fengler Street (See attached Site Map). The ddlling and associated fieldwork is in
association with the State of Iowa required completion of a Site Monitoring Report (SMR) for the current station. In a
letter dated May 4, 2000, the Iowa Depar[ment of Natural Resources ([DNR) states that site monitoring is required on an
annual basis. As part of the 2001 SMR, Maxim wishes to replace HA-2 with a permanent monitoring welt. Maxim will
then gather groundwater samples annually from the new monitoring well until exit-monitoring chteria can be met.
The monltodng well will be constructed of 1" PVC, which is placed below the ground surface and covered by a flush well
vault. Maxim will notify the Iowa One-Call utility locating service 48 hours pdor to field activities and if needed, provide
the necessary road construction signing for this project. Maxim anticipates that advancing the hand auger boring
approximately 15 feet deep and installing the permanent monitoring well will take one day with each water-sampling
event to take approximately thirty minutes. Rainbo Oil Company is insured through the Iowa UST Financial
Responsibii~ Program (the Fund), and is subject to all Fund guidelines, on this project.
Along with this letter of request, are two copies of the required License Agreement for Site Assessment and one copy of
the License Agreement between the Cify of Dubuque and the properly owner. Also enclosed is a site map, showing the
location of the proposed monitoring well and a copy of the Certificate of Insurance. It should be mentioned that the
odginal Certificate of Insurance was mailed directly to the City of Dubuque from the Lyons Insurance Agency, Inc. If the
outlined scope of work is acceptable to the City of Dubuque, please sign and return a copy of the License Agreement(s)
to Maxim.
Thank you for your time and prompt attention concerning this matter. If you have any further questions regarding this
request, please contact us at (319) 232-6591.
Sincerely,
MAXIM TECHNOLOGIES, INC.®
Environmental Scientist
Certified Groundwater Professional ¢1885
AME/GDH/mho
Manager
ater Professional #1619
~ncJosed:
License Agreement for Site Assessment - (2)
License Agreement between the City and the property owner
Scaled Site Plan & Certificate of Insurance
cc: Rainbow Oil Company, 2255 Kerper Boulevard, Dubuque, Iowa 52002
2213 LaPorte Road * Waterloo, IA 50702 * 319~232:6591 * 319-232-0373 FAX
"Providing Cost-Effective Solutions to Clients Nationwide"
LICENSE AGREEMENT RIGHT-OF-ENTRY
FOR SITE ASSESSMENT
THIS AGREEMENT is entered by and between Maxim Technologies~ Inc.
(Maxim) (hereafteF "the Licensee") and the City of Dubuque, Iowa (hereafteF "the
City"), hereafter collectively referred to as the "the Parties".
WlTNESSETH:
WHEREAS, the Licensee has entered into a contract with Rainbo 0il Co. to
assess potential environmental contamination at 2255 Kerper Blvd. Dubuque pursuant
to requirements of the Iowa Department of Natural Resources (IDNR) and the Iowa
Administrative Code (lAC) 567; and
WHEREAS, pursuant to said contract, the Licensee will investigate and assess
said sites to determine the presence of contamination by taking soil samples and
installing groundwater monitoring wells (hereafter "the Activities"), all in contemplation
of the preparation and submission of a Risk Base Corrective Action (RBCA) assessment
to IDNR by the Licensee; and
WHEREAS, the assessment of said site(s), listed in Exhibit "A" attached hereto
a~d hereafter referred to as the "Project Property(les)", may involve the investigation
of adjacent City-owned property, or City-owned street or alley right-of-way, hereafter
referred to as "City Property" or the "City Properties"; and
WHEREAS, the Licensee's performance of the Activities herein provided will be
at no cost or expense to the City and it is recognized that all work will be performed
by the Licensee or its employees, agents, or subcontractors; and
WHEREAS, it is the desire and intention of the Licensee and the City to make
this mutual agreement with respect to access to City Properties and with respect to
the Activities to be conducted upon the said City Properties.
NOW, THEREFORE, for and in consideration of the n~utual covenants and
undertakings hereinafter made by the City and the Licensee, the said parties do hereby
agree as follows:
The City hereby grants to the Licensee, its contractors, subcontractors,
and their employees and agents, a temporary license to enter upon City
Properties adjacent to Project Properties for the performance of the
assessment and investigation activities described hereinbelow (the
"Activities"), and the right to enter shall continue in effect until
September 31~ 2001 If at that time the Licensee has not
completed all Activities require of it under its contract with the cl lent.
Rainbo 0il Co. ., the City may, through its City Council, extend this
License Agreement for such additional period or periods of time to
reasonably complete the Activities. The expiration of this License
notwithstanding, Licensee shall retain its obligations with respect to the
maintenance and removal of monitoring wells until such time as those
obligations are satisfied, all as provided in Part 5 hereof.
The City represents and warrants that it owns and is lawfully possessed
of all street and alley rights-of-way adjacent to the Project Property(les)
and that it has full authority to grant and enter into this License
Agreement, provided, however, that the Licensee shall be obligated to
obtain permission from the Iowa Department of Transportation before
conducting any of the Activities hereafter enumerated upon State
highway right-of-way within the City.
The assessment and investigation activities (the "Activities") to be
undertaken by the Licensee may include the following:
The Licensee agrees that its entry upon the City Property{les) shall be
limited to the performance of said Activities. The Licensee further agrees
to undertake and complete the said Activities upon the City Properties in
a prudent and responsible manner, and in accordance with all applicable
laws and regulations of the City, the State of Iowa, and the United
States, and in accordance with all applicable orders, directives and
regulations of IDNR or other governmental agencies having jurisdiction of
the Activities.
The Licensee agrees to notify the City, at the time it picks up Excavation
Permits for particular Project Properties, of its intent to commence the
Activities upon specific City Properties. The Licensee agrees not to
conduct soil borings or to install groundwater monitoring wells upon the
paved portion of any street or in any street or highway median, without
special written authorization from the Public Works Director.
As to privately owned "underground facilities" located upon City
Property, the Licensee agrees to follow the procedures provided in
Chapter 480 of the Iowa Code regarding obtaining Iocator service prior
to the commencement of excavation or drilling activities, and that its
responsibility and liability for damage to such facilities shall be
determined in accordance with the provisions of that Chapter.
As to City owned or operated "underground facilities", (including but not
limited to sewer, water, electric, electronic communications, fiber optics,
and traffic control), the City agrees that appropriate City departments or
agencies will provide Iocator services for its underground facilities as
required by Chapter 480 of the Iowa Code. The Licensee its agents,
employees, contractors or subcontractors, agrees that its responsibility
and liability for damage to underground facilities owned or operated by
the City, shall be determined in accordance with the provisions of
Chapter 480 of the Iowa Code.
Within a reasonable time after completion of each step of any of the
Activities on City Properties, the Licensee shall cause any tools,
equipment, materials except for any groundwater monitoring wells placed
hereon to be removed, and shall restore said Properties to the condition
they were in prior to commencement of said Activities.
The obligation to remove and properly abandon each particular
groundwater monitoring well upon City Properties shall remain the
responsibility of the Licensee until each such monitoring well is properly
removed and abandoned as required by applicable State or Federal law or
regulation, as evidenced by a well closure report issued by a certified well
driller. Alternatively, the obligation of the Licensee with regard to
particular monitoring wells shall be deemed discharged upon the Public
Works Directors's receipt, acceptance, and execution of an agreement,
in form acceptable to the Legal Department, executed by the owner of
the adjacent Project Property, pursuant to which the said property owner
agrees to accept responsibility for the operation and maintenance of said
monitoring well and for its removal and abandonment as above provided.
The Licensee agrees that the City may retain its License Agreement
Right-of-Entry for Site Assessment, hold harmless, and maintain on file
certificate of liability insurance until its obligation to remove monitoring
wells is deemed discharged as herein provided.
The Licensee agrees that unless deemed discharged it will promptly
remove and properly abandon any monitoring well located upon City
Property when it is notified by the City that the City Property upon which
the well is located is required for municipal purposes, including but not
limited to street, sewer, traffic control, or water utility construction or
repair. The City agrees to review the proposed location of monitoring
wells, if provided in advance of their installation, and to advise the
Licensee if a proposed monitoring well location will conflict with planned
construction activities. The City's failure to advise of such conflicts shall
not excuse the Licensee of its obligation to remove monitoring wells to
accommodate such construction activities by the City.
The parties further agree that unless Licensee is deemed discharged, then
in the event the Licensee fails to properly maintain any monitoring well
or the area immediately adjacent thereto, or fails to remove a monitoring
well after being advised that the City Property upon which it is located
is required for municipal purposes, the City may either (a) deny Licensee
access thereto, or (b) declare the said monitoring well a nuisance, cause
same to be removed, and assess the costs of abatement against the
Licensee, or against the Project Property or Properties for whose benefit
the well was installed, all as provided in Iowa Code Section 364.12.
This Agreement is intended and shall be construed only as a temporary
license to enter and conduct the Activities upon City Properties and not
as a grant of easement or any other interest therein.
This Agreement shall be binding upon the parties hereto and upon their
respective successors, representatives, heirs, and assigns. This
agreement shall also be binding upon all current and future invitees on
City Properties, if any.
o
The Licensee agrees to the extent Licensee is negligent to defend,
indemnify, and hold harmless the City, its officers, agents, and
employees from and against all manner of actions, liabilities, claims,
causes of action, suits, debts, accounts, losses, damages, and attorneys'
fees including but not limited to property damage or bodily injury,
including death at anytime resulting therefrom, incurred by the City, its
officers, agents, or employees, by the Licensee or its officers, agents,
employees, contractors, or subcontractors, or by any third party, arising
out of the performance of the Activities upon City Property by Licensee,
or arising out of the existence, operation, maintenance, or removal of
monitoring wells on City Property by Licensee, or arising out of or
occasioned by the Licensee's failure to perform any act as herein
required.
The Licensee shall purchase and maintain insurance as required through
the duration of this Agreement. All policies shall be in the amount, limits,
forms, and with companies satisfactory to the City. Certificates of
insurance required herein shall state that, "30 days written notice will be
given to the City before the policy is canceled. All certificates of
insurance shall be approved by the City five (5) business days prior to
commencement of the Activities on City Properties.
The Licensee shall purchase and maintain the following insurance, amounts,
coverages and limits:
WORKERS COMPENSATION:
Coverage A:
Coverage B:
Statutory State of Iowa
Employers' Liability
$100,000 each accident
$100,000 each employee by disease
$500,000 policy limit by disease
AUTOMOBILE LIABILITY:
Bodily Injury and Property Damage limit of liability of $1,000,000 combined
single limit or equivalent.
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit 81,000,000
Each Occurrence Limit 81,000,000
Fire Damage Limit (any one occurrence) 8 50,000
Medical Payments 8 5,000
OR
Combined Single Limit
Medical Payments
82,000,000
8 5,000
UMBRELLA OR EXCESS LIABILITY:*
* To be determined on a case-by-case basis.
Coverage is to include: occurrence form, premises/operations/products/
completed operations coverage, independent contractors' coverage, contractual
liability, broad form property damage, personal injury, City of Dubuque named
as an additional insured with 30 days written notice of change or cancellation.
Certificates of insurance evidencing the aforementioned insurance requirements
shall be filed with the Public Works Director. All insurance policies shall be
issued by companies licensed to do business in Iowa or by companies
satisfactory to the City.
10.
Upon request by the City, the Licensee agrees to provide to the City,
within 10 days of request, copies of:
(a)
all reports, including raw sampling data, which it has therefore
made or shall thereafter make to the IDNR, or any other
governmental agency; and
(b)
all correspondence, including further orders or directives, which it
received from the IDNR, or any other governmental agency;
11.
relating to assessment or remediation of any particular Project
Property or to adjacent City Property(les).
Notices, reports, or correspondence required to be given or sent by this
Agreement shall be directed to the following:
If to the City:
Michael Koch
Public Works Director
City of Dubuque
50 Wo 13th Street
Dubuque, IA 52001-4864
If to the Licensee:
Maxim Technologies, Inc.
2213 LaPorte Road
Waterloo. Iowa 50702
~232-6591
fax (319)232-0373
Such notices shall be delivered or sent by mail. Notices shall be deemed
given when placed in the mail, postage paid.
12.
The undersigned warrant that they have full power and authority to
execute and deliver this Agreement. The City further warrants that it has
full power and authority to bind the current and future invitees on City
Properties.
IN WITNESS HEREOF, Maxim Technologies ~ Incand the City have executed two
(2) original copies of this Agreement on the dates specified immediately adjacent to
their respective signatures.
MAXIM TECH~NOLOG~ES, INC.
By:
Gayl~n~. F~ies~rma~n,,,~G~# /619
Geol ' t/~oject Manager
Date:
CITY OF DUBUQUE, IOWA
LICENSOR
By:
Terrance M. Duggan, Mayor
Date:
ATTEST:
Jeanne F. Schneider, City Clerk
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ALTER THE COVERAGE AFFORDED BY TH~ POLICIES BELOW.
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Dallas, TX 75205-0026
INSURERS AFFORDING COVERAGE
INSURED
Maxim Technologies, Inc.
P. O. Box 533
Addison, Texas 75001
~NSORERA:Zurich American Ins Co
~NSU~ERs:American Guarantee & Liability
INSURER C:
INSURER D:
INSURER E:
COVERAGES
LTR TYPE OF iNSURANCE
THE POUCHES OF INSURANCE L~STED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TSRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF
MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HERSIN IS SUBdEOT TO ALL THE TERMS, EXCLUSIONSANDCONDITIONSOPSUCP
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS
NSR P~IJCY EFFeCTiVE POLICY ~PIRAT]ON
GL0366516!05 !0/0!/00 10/01/01 ls*c~9_c_c__u.~RE~%_ _ $1,0__00,000
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MED EXP (Any one per.on) $ 5 / 000
PERSONAL & ADV iNJURY S__1 ! 000 ! 000
GENERALAGGREGATE ~$2/ 000 ~ 000
PRODUCTS -COMP/OPAGG ~$~ / 000 ¢ 000 I
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DESCRIPTION OF OPERA3] ONSA. OCATIONS~/E HICLE S/SXCLUS[ON S ADDED DY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is Additional Insured on the General & Automobile
Liability as their interests may appear in the Named Insured's operations.
CERTIFICATE HOLDER ' i AoDmONAL~NSURED;[NSURERLETT~P~ .... CANCELLATION
City of Dubuque
Engineering Division
50 West 13th
Dubuque, IA 52001
ACORD25-S(7/97)l of 2 ~S120024/M120021
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this oer[ificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25'S (7/97) 2 O_¢ 2 ~S!2002~,/M!20021
LICENSE AGREEMENT RIGHT-OF-ENTRY
FOR THE CIl~f OF DUBUQUE PROPERTY
AGREEMENT made this
between Rainbo Oil Company
("City").
28th
day of Jun~ , ~ Of, by and
("Property Owner") and the City of Dubuque
WHEREAS, Property Owner is participating in a Community Remediation Project
sponsored by the Comprehensive Petroleum Underground Storage Tank Board, pursuant
to which the Board retained Maxim Technoloqies, Inc. (the "Contractor") to
conduct a site investigation and assessment of Owner's property at ~r
Blvd. in Dubuque, Iowa, LUST # 7LTV02 , (the "Project Property"), which
is described in Exhibit A hereto to determine the presence and extent of
petroleum contamination in soils and groundwater; and
WHEREAS, the Iowa Department of Natural Resources (IDNR) requires the
completion of a Site Clean-Up Report (SCR) which defines the full extent of
contamination including off-site contamination at all leaking underground storage
tank sites; and
WHEREAS, in conducting said site investigation and assessment, the
Contractor placed certain groundwater monitoring wells in City property adjacent
to the Project Property, as more particularly identified in Exhibit A attached
hereto, which monitoring wells must be maintained by Property Owner until their
removal is authorized by IDNR.
.NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. The City grants to Property Owner, and its agents, contractors, and
assigns, and their respective employees, a temporary license to enter upon those
portions of City property identified in Exhibit A here to conduct the activities
required to complete SCR, including the removal of monitoring wells as hereafter
provided.
2. Property Owner agrees to defend, indemnify and hold harmless the City
its officers, agents and employees from and against all suits, claims, losses,
damages, or reasonable expenses for all manner of actions, liabilities, claims,
causes of action, suits, debts, accounts, losses, damages and attorney's fees
including but not limited to bodily injury or property damage to the extent they
arise out of or result from the existence, operation, or maintenance of said
monitoring wells on City property, or from Property Owner's performance of the
Site Clean-Up Report activities required by the Iowa Department of Natural
Resources, or from Property Owner's removal or failure to remove monitoring wells
as herein required. Property Owner further agrees that the City shall have no
liability for any environmental contamination occurring on Project Property, on
City property or on adjacent private property occasioned by petroleum
contamination coming from Property Owner's Project Property, and Property Owner
hereby expressly waives and releases the City from any such future claims which
it might assert against the City.
3. Property Owner agrees that the monitoring well(s) installed will be
temporary in nature and that the Property Owner will be fully responsible for
their ownership and for the proper operation and maintenance of said well(s),
including that portion of City property immediately adjacent to said well(s), in
full compliance with all applicable Federal, State, or City laws, rules and
regulations, current or future.
4. Property Owner further agrees that when the monitoring well(s) are
no longer needed for the purposes as originally installed, or if advised by the
City that the City property upon which said wells are located is required for
municipal purposes, including but not limited to street, sewer, traffic control,
or water utility construction or repair, the Property Owner shall promptly cause
said wells to be properly removed and abandoned in compliance with all applicable
Federal, State and City laws, rules and regulations, current or future, and shall
promptly restore said City Property to the condition it was in prior to the
installation of said wells. The parties further agree that in the event the
Property Owner fails to properly maintain any monitoring well after being advised
that the City Property upon which it is located is required for municipal
purposes, the City may either (a) deny Property Owner access thereto, or (b)
declare the said monitoring well a nuisance, cause same to be removed, and assess
the cost of abatement against Property Owner's Project Property, all as provided
in Iowa Code Section 364.12.
5. ALL COST FOR ALL SCR ACTIVITIES RELATED TO THE OFF SITE RELEASE SHALL
BE THE RESPONSIBILITY OF THE PROPERTY OWNER AND AT NO COST TO THE CITY.
6. Property Owner hereby agrees to provide or authorize the City, when
requested by City, to receive copies of all reports, correspondence and other
such information provided to or received from the Board, IDNR or any other
governmental agency relating to assessment or remediation of the Project
Property, or to adjacent City Properties.
IN WITNESS WHEREOF, the parties have executed this License Agreement by the
day and year identified above.
PROPERTY OWNER LICENSEE
By: ·
CITY OF DUBUQUE, IOWA
LICENSOR
By:
Michael C. Van Milligen
City Manager
Date: Date:
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.DUBUQUE~ ZA ~2004 IN~URERSAFFORDINGGOVE~OE
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Tile POLICIES OF INSURANCO UBTED BEt. OW HAV0'I~'EON IBOUED TO THO IN~:U RED NAMED AEOVI~FO~THE POLISY PORIOD INDICATED. NOTWITHSTANDING
ANy REQUIREMENT. TERM OR CONDITION OF ANY CONT~?,ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE blAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED aY THE PCLIDIff0 DESCRIBED HEREIN IS SUn.IECT TO ALL THO TER~B, EXCLUSIONS AND CONDITIONS OF SUCH
pOLICIES. AGGREGATE LIMITS B HOVv~,I MAY HAVE nEEN REDUCED DY PAID
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:ERTZFZCATIE HOLDER ZS LEETED AS AN ADDTTXONAL XNSURED FOR GENERAL LZABZLETY FOR ROVZNG X MONZTORZNG
JELL. NAXTM WZLL BE DO:~NG Yt~E #OVENC FOR BA/NBO OZL,
C~'TY OF DUBUQUE ~n D&YGWRITTEN#OTICETQTHleGBRTIFICATEHGLIOERNA~pDTO~LE~,
JUL,-O6'Oi(FRI} 10:12 THE FRIEDMAN GROUP TEL:3195564425 P. O02
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this cadificote does not confer rights to the certificate holder In lieu of such endorsement(s),
If SUBROGATION I$ WAIVED, subject to the terms and conditions of the policy, certain policies may
reqwll'e an elldor~ement, A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s),
DISCLAIMER
The Cedil]~ata of Insurance an the reverse side of this form does rmt constitute e contract between
the Issulnl~ Insurer(s), authorized representative or producer, and the cartilicata holder, nor does It
affirr~eflvely or negatively emend, extend or alter the coverage afforded by the policies listed thereon.
LICENSE AGREEMENT RIGHT-OF-ENTRY
FOR SITE ASSESSMENT
THIS AGREEMENT is entered by and between Maxim Technoloqies~ Inc.
(Maxim) (hereafter "the Licensee") and the City of Dubuque, Iowa (hereafter "the
City"), hereafter collectively referred to as the "the Parties",
WITNESSETH:
WHEREAS, the Licensee has entered into a contract with Rainbo 0ii Co. to
assess potential environmental contamination at 2255 l(erDer Blvd. Dubuque pursuant
to requirements of the Iowa Department of Natural Resources (IDNR) and the Iowa
Administrative Code (lAC) 567; and
WHEREAS, pursuant to said contract, the Licensee will investigate and assess
said sites to determine the presence of contamination by taking soil samples and
installing groundwater monitoring wells (hereafter "the Activities"), all in contemplation
of the preparation and submission of a Risk Base Corrective Action (RBCA) assessment
to IDNR by the Licensee; and
WHEREAS, the assessment of said site(s), listed in Exhibit "A" attached hereto
a~d hereafter referred to as the "Project Property(les)", may involve the investigation
of adjacent City-owned property, or City-owned street or alley right-of-way, hereafter
referred to as "City Property" or the "City Properties"; and
WHEREAS, the Licensee's performance of the Activities herein provided will be
at no cost or expense to the City and it is recognized that all work will be performed
by the Licensee or its employees, agents, or subcontractors; and
WHEREAS, it is the desire and intention of the Licensee and the City to make
this mutual agreement with respect to access to City Properties and with respect to
the Activities to be conducted upon the said City Properties.
NOW, THEREFORE, for and in consideration of the mutual covenants and
undertakings hereinafter made by the City and the Licensee, the said parties do hereby
agree as follows:
The City hereby grants to the Licensee, its contractors, subcontractors,
and their employees and agents, a temporary license to enter upon City
Properties adjacent to Project Properties for the performance of the
assessment and investigation activities described hereinbelow (the
"Activities"), and the right to enter shall continue in effect until
September 31~ 200! If at that time the Licensee has not
completed all Activities require of it under its contract with the cl ~er!1;,
Rainbo 0i] Co. ., the City may, through its City Council, extend this
License Agreement for such additional period or periods of time to
reasonably complete the Activities. The expiration of this License
notwithstanding, Licensee shall retain its obligations with respect to the
maintenance and removal of monitoring wells until such time a~ those
obligations are satisfied, all as provided in Part 5 hereof.
The ~ity represents and warrants that it owns and is lawfully possessed
of all street and alley rights-of-way adjacent to the Project Property(les)
and that it has full authority to grant and enter into this License
Agreement, provided, however, that the Licensee shall be obligated to
obtain permission from the Iowa Department of Transportation before
conducting any of the Activities hereafter enumerated upon State
highway right-of-way within the City.
The assessment and investigation activities (the "Activities") to be
undertaken by the Licensee may include the following:
The Licensee agrees that its entry upon the City Property(les) shall be
limited to the performance of said Activities. The Licensee further agrees
to undertake and complete the said Activities upon the City Properties in
a prudent and responsible manner, and in accordance with all applicable
laws and regulations of the City, the State of Iowa, and the United
States, and in accordance with all applicable orders, directives and
regulations of IDNR or other governmental agencies having jurisdiction of
the Activities.
The Licensee agrees to notify the City, at the time it picks up Excavation
Permits for particular Project Properties, of its intent to commence the
Activities upon specific City Properties. The Licensee agrees not to
conduct soil borings or to install groundwater monitoring wells upon the
paved portion of any street or in any street or highway median, without
special written authorization from the Public Works Director.
As to privately owned "underground facilities" located upon City
Property, the Licensee agrees to follow the procedures provided in
Chapter 480 of the Iowa Code regarding obtaining Iocator service prior
to the commencement of excavation or drilling activities, and that its
responsibility and liability for damage to such facilities shall be
determined in accordance with the provisions of that Chapter.
As to City owned or operated "underground facilities", (including but not
limited to sewer, water, electric, electronic communications, fiber optics,
and traffic control), the City agrees that appropriate City departments or
agencies will provide Iocator services for its underground facilities as
required by Chapter 480 of the Iowa Code. The Licensee its agents,
employees, contractors or subcontractors, agrees that its responsibility
and liability for damage to underground facilities owned or operated by
the City, shall be determined in accordance with the provisions of
Chapter 480 of the Iowa Code.
Within a reasonable time after completion of each step of any of the
Activities on City Properties, the Licensee shall cause any tools,
equipment, materials except for any groundwater monitoring wells placed
hereon to be removed, and shall restore said Properties to the condition
they were in prior to commencement of said Activities.
The obligation to remove and properly abandon each particular
groundwater monitoring well upon City Properties shall remain the
responsibility of the Licensee until each such monitoring well is properly
removed and abandoned as required by applicable State or Federal law or
regulation, as evidenced by a well closure report issued by a certified well
driller. Alternatively, the obligation of the Licensee with regard to
particular monitoring wells shall be deemed discharged upon the Public
Works Directors's receipt, acceptance, and execution of an agreement,
in form acceptable to the Legal Department, executed by the owner of
the adjacent Project Property, pursuant to which the said property owner
agrees to accept responsibility for the operation and maintenance of said
monitoring well and for its removal and abandonment as above provided.
The Licensee agrees that the City may retain its License Agreement
Right-of-Entry for Site Assessment, hold harmless, and maintain on file
certificate of liability insurance until its obligation to remove monitoring
wells is deemed discharged as herein provided.
The Licensee agrees that unless deemed discharged it will promptly
remove and properly abandon any monitoring well located upon City
Property when it is notified by the City that the City Property upon which
the well is located is required for municipal purposes, including but not
limited to street, sewer, traffic control, or water utility construction or
repair. The City agrees to review the proposed 'location of monitoring
wells, if provided in advance of their installation, and to advise the
Licensee if a proposed monitoring well location will conflict with planned
construction activities. The City's failure to advise of such conflicts shall
not excuse the Licensee of its obligation to remove monitoring wells to
accommodate such construction activities by the City.
The parties further agree that unless Licensee is deemed discharged, then
in the event the Licensee fails to properly maintain any monitoring well
or the area immediately adjacent thereto, or fails to remove a monitoring
well after being advised that the City Property upon which it is located
is required for municipal purposes, the City may either (a) deny Licensee
access thereto, or (b) declare the said monitoring well a nuisance, cause
same to be removed, and assess the costs of abatement against the
Licensee, or against the Project Property or Properties for whose benefit
the well was installed, all as provided in Iowa Code Section 364.12.
This Agreement is intended and shall be construed only as a temporary
license to enter and conduct the Activities upon City Properties and not
as a grant of easement or any other interest therein.
This Agreement shall be binding upon the parties hereto and upon their
respective successors, representatives, heirs, and assigns. This
agreement shall also be binding upon all current and future invitees on
City Properties, if any.
The Licensee agrees to the extent Licensee is negligent to defend,
indemnify, and hold harmless the City, its officers, agents, and
employees from and against all manner of actions, liabilities, claims,
causes of action, suits, debts, accounts, losses, damages, and attorneys'
fees including but not limited to property damage or bodily injury,
including death at anytime resulting therefrom, incurred by the City, its
officers, agents, or employees, by the Licensee or its officers, agents,
employees, contractors, or subcontractors, or by any third party, arising
out of the performance of the Activities upon City Property by Licensee,
or arising out of the existence, operation, maintenance, or removal of
monitoring wells on City Property by Licensee, or arising out of or
occasioned by the Licensee's failure to perform any act as herein
required.
The Licensee shall purchase and maintain insurance as required through
the duration of this Agreement. All policies shall be in the amount, limits,
forms, and with companies satisfactory to the City. Certificates of
insurance required herein shall state that, "30 days written notice will be
given to the City before the policy is canceled. All certificates of
insurance shall be approved by the City five (5) business d, ays prior to
commencement of the Activities on City Properties.
The Licensee shall purchase and maintain the following insurance, amounts,
coverages and limits:
WORKERS COMPENSATION:
Coverage A:
Coverage B:
Statutory State of Iowa
Employers' Liability
$100,000 each accident
$100,000 each employee by disease
$500,000 policy limit by disease
AUTOMOBILE LIABILITY:
Bodily Injury and Property Damage limit of liability of $1,000,000 combined
single limit or equivalent.
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) ~ 50,000
Medical Payments $ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
5,000
UMBRELLA OR EXCESS LIABILITY:*
* To be determined on a case-by-case basis.
Coverage is to include: occurrence form, premises/operations/products/
completed operations coverage, independent contractors' coverage, contractual
liability, broad form property damage, personal injury, City of Dubuque named
as an additional insured with 30 days written notice of change or cancellation.
Certificates of insurance evidencing the aforementioned insurance requirements
shall be filed with the Public Works Director. All insurance policies shall be
issued by companies licensed to do business in Iowa or by companies
satisfactory to the City.
10. Upon request by the City, the Licensee agrees to provide to the City,
within 10 days of request, copies of:
(a)
all reports, including raw sampling data, which it has therefore
made or shall thereafter make to the IDNR, or any other
governmental agency; and
(b)
all correspondence, including further orders or directives, which it
received from the IDNR, or any other governmental agency;
11.
relating to assessment or remediation of any particular Project
Property or to adjacent City Property(ies).
Notices, reports, or correspondence required to be given or sent by this
Agreement shall be directed to the following:
If to the City:
Michael Koch
Public Works Director
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001-4864
If to the Licensee:
Maxim Technologies, Inc.
2213 LaPorte Road
Waterloo, Iowa 50702
~232-6591
fax (319)232-0373
Such notices shall be delivered or sent by mail. Notices shall be deemed
given when placed in the mail, postage paid.
12.
The undersigned warrant that they have full power and authority to
execute and deliver this Agreement. The City further warrants that it has
full power and authority to bind the current and future invitees on City
Properties.
IN WITNESS HEREOF, Maxim Technologies~Incand the City have executed two
(2) original copies of this Agreement on the dates specified immediately adjacent to
their respective signatures.
MAXIM TECHNOLO~E~, INC.
By: ~//~,~ ~~
Geol~is~/P~oject Man~ger
Date: ..~,~, ~z
CITY OF DUBUQUE, IOWA
LICENSOR
By:
Terrance M. Duggan, Mayor
Date:
ATTEST:
Jeanne F. Schneider, City Clerk