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Monitoring Well 351 DodgeMEMORANDUM February 25, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Monitoring Well Installation - RMT, Inc. RMT, Inc. has been retained by BP Amoco Co. to investigate the extent of free product at the groundwater table surrounding the former Amoco facility at 351 Dodge, and is proposing to install up to six temporary monitoring points in the joint areas of City and State right-of-way. Acting Public Works Director Gus Psihoyos is recommending City Council approval of a License Agreement Right-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 Cindy Steinhauser, Assistant City Manager ' Gus Psihoyos; Acting Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM February 17, 2003 TO:Michael C. Van Milligen, City Manager FROM:Gus Psihoyos, Acting Public Works Director SUBJECT:Monitoring Well Installation - RMT, Inc. INTRODUCTION This is in response to a February 6, 2003 request from RMT, Inc. to install temporary monitoring wells within City right-of-way at the area surrounding the former Amoco facility, 351 Dodge. DISCUSSION RMT, Inc. has been retained by BP Amoco Co. to investigate the extent of free product at the groundwater table and is proposing to install up to six temporary monitoring points in the joint areas of City and State right-of-way. The monitoring wells will consist of 1-inch diameter PVC pipe finished at ground level with steel-flush mount boxes. The estimated time for the wells to remain in place is two ,months, with a potential of an extension. A joint meeting is proposed for February 26, 2003 to determine the exact underground utility locations in the area and to discuss the final boring locations. RMT, Inc. has also received permission from the Iowa Department of Transportation for this work. The City Council's approval would be in the form of a License Agreement between RMT, Inc. and the City which: outlines the responsibility of RMT, Inc.; 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. RECOMMENDATION All the appropriate documents, including the license agreement, a map of the well location and proof of liability insurance, have been submitted by RMT, Inc. and have been approved by City staff. I would, therefore, recommend that the request to install the monitoring wells on the City property adjacent to the former Amoco facility, 351 Dodge 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 RMT, Inc. MAK/vjd Prepared by Jane Smith, Engineering Assistant February 6, 2003 Integrated Environmental Solutions 744 Heartland Trail 53717-1934 EO. Box 8923 53708-8923 Madison, WI Telephone: 608-831-4444 Fax: 608~831-3334 www.rmdnc.com Ms. Jmxe Smith Engineering Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 Subject: Monitoring Wells in the City Right-of-Way Dear Ms. Smith: On behalf of BP Amoco Co., RMT, Inc. (RMT), has been retained to determine the extent of free product at the groundwater table at the former Amoco facility, located at 351 Dodge St., Dubuque, Iowa. In order to perform this investigation, RMT respectfully requests permission from the City of Dubuque to install up to slx temporary monitoring points (WP-5, WP-8, WP-9, WP-10, WP-11, and WP-12) in the City Right-of Way. A permit application has also been submitted to the Iowa Department of Transportation, requesting permission to work in the State of Iowa Right-of-Way adjacent to U. S. Highway 20. The proposed monitoring points would consist of 1-inch-diameter PVC pipe finished at the ground surface with small steel-flnsh mount boxes. The monitoring points are expected to remain in place approximately 2 months from the time of installation. We have attached a map showing the proposed locations of the monitoring points (Figure 1). The exact locations will be dependant upon the Iocations of buried utilities at the facility. As discussed in our telephone conversation on February 5, 2003, ILMT will coordinate a site visit with utility locators and your office in late February to finalize the boring locations. As per your request, we have attached one copy of our Certificate of Insurance, and a signed License Agreement Right of Entry for Site Assessment. If you have any questions, please feel free to contact me, at (608) 662-5352. Thank you for your time and consideration. Sincerely, Meredith L. Westover Project Hydrogeologist Attachments cc:Allison Lee - RMT, Greenville Mark Miesfeldt - RMT, Greenville Central Files RESOLUTION NO. 70-03 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND RMT, INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT THE FORMER AMOCO SITE OF 351 DODGE Whereas, RMT, inc. on behalf of BP Amoco Co. has requested permission from the City of Dubuque to install temporary monitoring wells on City right-of-way at the former Amoco site of 351 Dodge in Dubuque, iowa for the purpose of assessing the extent of free product at the groundwater table; and Whereas, the License Agreement Right-of-Entry for Site Assessment has been prepared outlining the responsibilities of RMT, Inc. in the installation of the monitoring wells on public right-of-way; and Whereas, the performance of the activities of RMT, inc. will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents or subcontractors; 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. The License Agreement for Right-of-Entry for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passes, approved and adopted this Attest: Jeanne F. Schneider, CMC, City Clerk 3rd day of March ,2003. Terrance M. Duggan, Mayor LICENSE AGREEMENT RIGHT-OF-ENTRY FOR SITE ASSESSMENT THIS AG,,REEMENT ,, is entered by and between RMT, Inc. (hereafter the Licensee ) and the City of Dubuque, Iowa (hereafter "the City"), hereafter collectively referred to as the "the Parties". WlTNESSETH: WHEREAS, the Licensee has entered into a contract with BP Amoco to assess potential environmental contamination at 351 Dodge Street 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 Licenses 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 and 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 ~,~..~_ ?__x~'~ If at that time the Licensee has not compl.ete.~._d all Activities require of it under its contract with the ~ A~tcc~ , 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. 2. 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(ies) 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. 3. 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(ies) 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 insurance, amounts, coverages and limits per attached guidelines. 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; relating to assessment or remediation of any particular Project Property or to adjacent City Property(les). 11. Notices, reports, or correspondence required to be given or sent by this Agreement shall be directed to the following: If to the City: If to the Licensee: Michael Koch Public Works Director City of Dubuque 50 W. 13th Street Dubuque, IA 52001-4864 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, RMT, Inc. and the City have executed two (2) original copies of this Agreement on the dates specified immediately adjacent to their respective signatures. RMT, Inc. LICENSEE By: /s/ Robert Vetter Manager, Midwest Region Date: 2/6/03 CITY OF DUBUQUE, IOWA LICENSOR By: Terrance M. Duggan, Mayor Date: 3/3/03 ATTEST: Jeanne F. Schneider, City Clerk ~J~-~nne F. Schneider, City Clerk NOTES MIDAMERICAN ENERGY CO, DUBUQUE IOWA DATA POINT LOCATION MAP MARSH Certificate of Insurance