License Agree. Seneca Environ S
RESOLUTION NO. 24-00
RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND SENECA ENVIRONMENTAL SERVICES TO INSTALL
MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 2301 UNIVERSITY
Whereas, Seneca Environmental Services, on behalf of Iowa Oil Company has
requested permission from the City of Dubuque to install soil gas monitoring wells on City
right-of-way at 2301 University in Dubuque, Iowa, for the purpose of assessing current
conditions at and surrounding the property; and
Whereas, the License Agreement Right-of-Entry for Site Assessment has been
prepared outlining the responsibilities of Seneca Environmental Services and Iowa Oil
Company in the installation of the monitoring wells on public right-of-way; and
Whereas, the performance of the activities of Seneca Environmental Services 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.
Passed, approved and adopted this 7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Seneca Environmental Services
2000
City of Dubuque Engineering Division
Ms. Jane Smith, Engineering Assistant
50 West 131h Street
Dubuque, Iowa 52001-4864
Subject:
REQUEST PERMIT FOR SOIL GAS WELL INST ALLA nON
lOCO UNIVERSITY
2301 UNIVERSITY AVENUE
DUBUQUE, IOWA
REGISTRATION #8601824
LUST # 7L TO52
Dear Ms. Smith:
Seneca Environmental Services is currently gathering data to complete a Corrective Action
Design Report (CADR) for the subject property, As part of this assessment, Seneca is
requesting permission to install two (2) soil gas wells within the City of Dubuque right of way
of University A venue and Asbury Street, respectively, This proposed action is required by the
Iowa Depal1ment of Natural Resources to assess conditions between the source monitoring
well and the sanitary sewer mains along University Avenue and Asbury Street, respectively.
A Groundwater Contamination Plume Map has been attached to show the proposed locations
of the soil gas wells. One soil gas well will be completed to assess current conditions at the
sanitary sewer main directed beneath University Avenue, approximately five feet north of
University Avenue, within the right of way for University Avenue. Another soil gas well will
be completed to assess current conditions at the sanitary sewer main directed beneath Asbury
Street, and will be located approximately 15 feet west of Asbury Street and 10 north of
University Avenue, within the right of way for Asbury Street/University Avenue,
We would like to begin this work as soon as possible, pending of course City Council approval.
Thank you for your time and consideration in this matter. If you have any questions or
concerns, please feel free to contact me at (800) 728-6900,
Sincerely,
Seneca Environmental Services
/s/ Jeff Ogden
Geologist
Attachment: Groundwater Contamination Plume Map
C:\Jeff\CADR Jobs\6079504\IOCO UniversityJequestdoc
Des Mo;nes
Bettendorf
PO Box 3360
4140 N E, 14th St,ect
Dð Moine>, Iowa 50316.0360
515,262,3500
800,369.3500
515.262,2469 FAX
17851 244th Avenue
8ettendoIT, Iowa 52722
319.332,2272
800,728,6900
319.332.9465 FAX
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LICENSE AGREEMENT RIGHT-OF-ENTRY
FOR SITE ASSESSMENT
THIS AGREEMENT is entered by and between Seneca Environmental Services
(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 the Iowa Oil Company
to assess potential environmental contamination at lOCO - 2801 University Avenue
pursuant to requirements of the Iowa Department of Natural Resources (lDNR) and the
Iowa Administrative Code (lAC) 567; and
WHEREAS, pursuant to said contract, the Licensee will investigate and access
said sites to determine the presence of contamination by installing 1" soil gas wells
(hereafter "the Activities"), all in contemplation of the preparation and submission of
a Corrective Action Design Report (CADR) 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(ies)", 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:
1.
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 June 7,
2000. If at that time the Licensee has not completed all Activities
require of it under its contract with the Iowa Oil Company, the City may,
through its City Council, extend this License Agreement for such
additional period or periods of time to reasonably complete the Activities.
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The expiration of this License notwithstanding, Licensee shall retain its
obligations with respect to the maintenance and removal of soil gas 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 soil gas 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 locator 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 locator 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
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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 soil gas 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 soil gas
well upon City Properties shall remain the responsibility of the Licensee
until each such soil gas 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 soil gas 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 soil gas well and
for its removal and abandonment as above provided. The Licensee
agrees that the City may retain its street excavation bond until its
obligation to remove soil gas wells is deemed discharged as herein
provided.
The Licensee agrees that unless deemed discharged it will promptly
remove and properly abandon any soil gas 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 soil gas wells,
if provided in advance of their installation, and to advise the Licensee if
a proposed soil gas 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 soil gas 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 soil gas well or
the area immediately adjacent thereto, or fails to remove a soil gas 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 soil gas well a nuisance, cause
same to be removed, and assess the costs of abatement against the
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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 soil
gas 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 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
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
UMBRELLA OR EXCESS LlABILlTY:*
$
.
* 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 Board, IDNR, or any other
governmental agency; and
(b)
all correspondence, including 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.
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11,
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:
Seneca Environmental Services
Jeff Ogden
17851 244th Avenue
Bettendorf, Iowa 52722
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.
Seneca Fnvironmenta1 Services
LlCENSE
By: Jeff Ogden
CITY OF DUBUQUE, IOWA
LlCENSOR
By:
Terrance M. Duggan, Mayor
Date:
2/8/00
ATTEST:
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 2, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Seneca Environmental Services--Iowa Oil Company Soil Gas
Monitoring Well--2301 University Avenue
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Public Works Director Mike Koch is recommending execution of a license agreement
with Seneca Environmental Services to install two soil gas monitoring wells within
the public right-of-way for Iowa Oil Company at 2301 University Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/s/ Michael C. Van Milligen
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 31, 2000
FROM:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
TO:
SUBJECT:
Seneca Environmental Services - Iowa Oil Company
Soil Gas Monitoring Well -2301 University
INTRODUCTION
This is in response to a January 7,2000 request from Seneca Environmental Services
to install two soil gas monitoring wells within the public right-of-way for Iowa Oil
Company at 2301 University (corner of Asbury & University).
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DISCUSSION
Seneca Environmental Services has been contracted to complete a Correction Action
Design Report as required by the Iowa Department of Natural Resources to assess
conditions between the source monitoring well and the sanitary sewer mains along
University and Asbury. Seneca Environmental is proposing to install two monitoring
wells within the public right-of-way of University Avenue and Asbury Road. All work
will be in compliance with IDNR requirements and abandoned in compliance with the
Iowa Administrative Code, Attached is a map which identifies the location of the
proposed wells.
City Council approval would be in the form of a License Agreement between Seneca
Environmental Services and the City which outlines the responsibility of Seneca
Environmental, provides an indemnity to the City, and requires proof of liability
insurance for placement of the monitoring wells on City property,
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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.
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RECOMMENDATION
All the appropriate documents including a map of the well locations and proof of
liability insurance have been submitted by Seneca Environmental Services and have
been approved by City staff. I would, therefore, recommend that the request to install
the soil gas monitoring wells on the City property adjacent to 2301 University 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-
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 Seneca Environmental Services,
MAK/vjd
Prepared by Jane Smith, Engineering Assistant