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