Monitoring Wells 925 KerperRESOLUTION NO. 1-01
RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND MIDAMERICAN ENERGY COMPANY
TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY IN
THE VICINITY OF 925 KERPER BOULEVARD
WHEREAS, MidAmerican Energy Company has requested permission
from the City of Dubuque to install groundwater-monitoring wells on City right-of-
way of Kerper Boulevard, for the purpose of assessing groundwater conditions
relating to the former People's Natural Gas site; and,
WHEREAS, a License Agreement Right-of-Entry for Site Assessment has
been prepared outlining the responsibilities of MidAmerican Energy Company in
the installation of monitoring wells on the public right-of-way; and,
WHEREAS, the performance of the activities of MidAmedcan Energy
Company will be at no cost or expense to the City and all work will be performed
by the Licensee, MidAmerican Energy, or its employees, agents for
subcontractor; and,
WHEREAS, it is the desire of the City Council to enter into said License
Agreement for the installation of monitoring wells in the public right-of-way as
requested.
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.
Passed, approved and adopted this 2nd day of
January ,2001.
/s/ Terrance M. Duggan, Mayor
Attest:
/s/ J'eanne F. Schneider, City Clerk
·
' e group
~ Covporntion
2733 99th Street
Urbandale, IA 50322-3888
Tel. 515.252.0234
Fax. 515.252.0206
A Member o£ T1~e IT G~o~p
November 28, 2000
Engineering Division
Attn: Jane Smith
50 West 13t~ Street
Dubuque, Iowa 520014864
RE: Former Peoples Natural Gas Site, 925 Kerper Blvd, Dubuque, Iowa
Dear Jane,
IT Corporation, on behalf of MidAmerican Energy Company (MEC), requests access to complete
environmental drilling in the right-of-way (ROW) of Kerper Boulevard at the Former Peoples
Natural Gas site.
IT Corporation plans to complete four new groundwater-monitoring wells within the City of
Dubuque right of way. The proposed monitoring well locations extend east of the site into the
southbound lane of former US Highway 151 and into the median separating the north and
southbound lanes. Locations of the proposed monitoring wells can be found on attached map
Figure 1.
Completion of the proposed monitoring wells will allow'MidAmerican Energy Company to stay
in compliance with U.S. Environmental Protection Agency regulations and prevent onsite
contamination migration.
Attached to this request, please find the completed and signed license agreement, certificate of
insurance for MEC, and site identification map.
If there are questions or comments please feel free to call David Wonder or myself at (515) 252-
0234.
Sincerely
IT Corporation
Josh Phillips
Environmental Scientist
MidAmerican Energy Company
Robert Buschbom
Senior Environmental Coordinator
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 27, 2000
TO:
FROM:
SUBJECT:
The Honorable Mayor and City- Council Members
Michael C. Van Milligen, City Manager
IT Group - Former People's Natural Gas
925 Kerper - Monitoring Wells
Public Works Director Mike Koch is recommending installation of four new groundwater-
monitoring wells on the City property adjacent to 925 Kerper Boulevard. He further
recommends adoption of the attached Resolution authorizing the Mayor to execute the attached
License Agreement R/ght-of-Way Entry for Site Assessment.
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
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 18, 2000
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
IT Group - Former People's Natural Gas
925 Kerper - Monitoring Wells
INTRODUCTION
This is in response to a November 28, 2000 request from IT Group, on
behalf of MidAmerican Energy Company, to install four new groundwater-
monitoring wells within the public right-of-way for the former People's
Natural Gas site.
DISCUSSION
IT Corporation plans to complete four new groundwater-monitoring wells
within the City of Dubuque right-of-way in the southbound lane of the former
US Highway 151 and in the median separating the north and southbound
lanes. All work will be in compliance with EPA and abandoned in compliance
with the Iowa Administrative Code. Attached is a map, which identifies the
location of the proposed wells. All of the wells will be located in the raised
median of Kerper Boulevard behind the Operations and Maintenance garage.
Completion of the proposed monitoring wells will allow MidAmerican Energy
Company to stay in compliance with U.S. EPA regulations.
City Council approval would be in the form of a License Agreement between
MidAmerican Energy Company and the City which outlines the responsibility
of MidAmerican Energy Company, 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. 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 wells are 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 locations and
proof of liability insurance, have been submitted by MidAmerican Energy
Company and have been approved by City staff. I would, therefore,
recommend that the request to install the groundwater monitoring wells on
the City property adjacent to 925 Kerper Boulevard be approved. I 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.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing
the Mayor to execute the License Agreement with MidAmerican Energy
Company.
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
LICENSE AGREEMENT RIGHT-OF-ENTRY
FOR SITE ASSESSMENT
~__~THIS A~GREEMENT is entered by and between/~//~¢~)¢,¢/~
~ z/ D,~o (hereafter "the Licensee")'and the City of Dubuque,
Iowa (he're/after "the City"), hereafter collectively referred to as the "the Parties".
WITNESSETH:
WHEREAS, the Licensee has entered into a contract with the Iowa
Comprehensive Petroleum Underground Storage Tank Board (hereafter "the Board") to
investigate potential petroleum contamination at a number of Underground Storage
Tank (UST) sites in Dubuque pursuant to a Community Remediation Project undertaken
by the Board in the Dubuque metropolitan area; and
WHEREAS, pursuant to said contract, the Licensee will assess and investigate
said sites to determine the presence of petroleum contamination by taking soil samples
and installing groundwater monitoring wells (hereafter "the Activities"), all in
contemplation of the preparation and submission of a Site Clean-Up Report (SCR) to
the Iowa Department of Natural Resources by the Licensee; and
WHEREAS, the investigation of said sites, listed in Exhibit "A" attached hereto
and hereafter referred to as the "Project Properties", will in many instances 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
--. If at that time the Licensee has not completed all Activities require
of it under its contract with the Board, 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 Properties 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 Properties 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, 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 thirty (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: Statutory State of Iowa
Coverage B: Employers' Liability
9100,000 each accident
91 O0,000 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
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$2,000,000
$1,0OO,000
$1,O00,OOO
$1,0OO,O00
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,0OO
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:
(al
all reports, including raw sampling data, which it has therefore
made or shall thereafter make to the Board, IDNR, or any other
governmental agency; and
(b)
all correspondence, inoluding further orders or directives, which it
received from the Board, IDNR, or any other governmental agency;
relating to assessment or remediation of any particular Project
Property or to adjacent City Properties.
1 1. 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: '"~£x~7
Robert R. Buschbom
MidAmerican Energy Co.
P.O. Box 600 / LNG
Waterloo, iA 50724
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, and the City have executed two
(2) original copies of this Agreement on the dates specified immediately adjacent to
their respective signatures.
MIDAMERICAN ENERGY CO /
LICENSEE
By /s/ Robert R. Buschbom
Date: 2/11/00
CITY OF DUBUQUE, IOWA
LICENSOR ~ ,,~
/s/ Terrance M. Duggan, Mayor
Date: January 2, 2001
Date: January 2, 2001
ATTEST:
/s/ Jeanne Schneider, City Clerk