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APEX Environmental - Monitoring WellsRESOLUTION NO. 2 -99 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND APEX ENVIRONMENTAL, INC., TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 198 LOCUST STREET Whereas, Apex Environmental, Inc., on behalt ot Sunoco, Inc., has requested permission trom the City ot Dubuque to install monitoring wells on City right-ot-way at 198 Locust Street in Dubuque, Iowa tor the purpose ot assessing current groundwater conditions at and surrounding the property; and Whereas, the License Agreement Right-ot-Entry tor Site Assessment has been prepared outlining the responsibilities ot Apex Environmental, Inc. and Sunoco, Inc., in the installation ot the monitoring wells on public right-ot-way; and Whereas, the performance ot the activities ot Apex Environmental, 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 ot the City Council to enter into said License Agreement tor the installation ot monitoring wells in the public right-ot-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement tor Right-ot-Entry tor Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement tor and on behalt ot the City Council. Passed, approved and adopted this 4th day of January, 1999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Reliance National INSURED Apex Environmental, Inc 15850 Crabbs Branch Way Rockville MD 20855 COMPANY B United Pacific COMPANY C COMPANY o THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co S C POLICY NUMBER I POLICY EFFECTIVE II POLICY EXPIRATION LIMITS LTR TYPE OF IN URAN E DATE IMM/DDIYYI DATE IMM/DDIYY) A GENERAL LIABILITY NGB172091401 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT 6/09/98 6/09/99 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY EACH OCCURRENCE 2000000 2000000 1000000 1000000 300000 5000 A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS AM" ~.= ANY AUTO ! A I EXCESS LIABILITY m UMBRELLA FORM I OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ RINCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL A OTHER PROFESSIONAL POLLUTION LIABILITY FIRE DAMAGE (Anyone fire) MED EXP IAny one person) NKA 16303930 1 6/09/98 6/09/99 COMBINED SINGLE LIMIT 1000000 BODILY INJURY IPer personl BODILY INJURY IPer accident) PROPERTY DAMAGE NUA251609101 6/09/98 6/09/99 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE AGGREGATE 5000000 5000000 NWA251806801 6/09/98 6/09/99 NTF251254403 EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE 500000 500000 500000 11/29/98 11/29/01 $5,000,000 EA. CLAIM $5,000,000 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: JOB# 4035.002 - SUNOCO THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY ONLY, A TlMA. CITY OF DUBUQUE ATTN: JANE SMITH 50 W. 13TH STREET DUBUQUE, IA 52001 ..........................1...................... j~,e.Q~f;gZ$f$Ot~$F) .................................... .... .................. .. .................................................................................... ........................................... ........................................... ....-.................................... .. :::#iH:~ EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO IIAIl ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. LICENSE AGREEMENT RIGHT-OF-ENTRY FOR SITE ASSESSMENT THIS AGREEMENT is entered by and between !\oE}( fNyr:RpNM~fl7AL. (hereafter "the Licensee") and the City of Dubuque, Iowa (hereafter "the City"), hereafter collectively referred to as the "the Parties". WIT N E SSE T H: WHEREAS, the Licensee has entered into a c tract with~ Dr'L ~. to assess potential environmental contamination at Lo S 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 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: 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 JDNR. f.'Dl!/Cib . '1\1] -fl.lf r l\u ,~cr..o ^ II . If at that time the Licensee has not completed all Activities require of it under its contract with the ~..J 10 OCO) ~ CC)M;...htN Y , 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 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 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 street excavation bond 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 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 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 IONR, or any other governmental agency; relating to assessment or remediation of any particular Project Property or to adjacent City Property(ies}. . 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: 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, Aor'x +;:'lJ/(oI1MPJ-QI and the City have executed two (2) original copies of this Agreerrient on the dates specified immediately adjacent to their respective signatures. CITY OF DUBUQUE, IOWA MEMORANDUM December 30, 1998 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Apex Environmental, Inc., - Monitoring Well Sunoco, Inc. - 198 Locust Public Works Director Mike Koch is recommending that a request from Apex Environmental, Inc., to install monitoring wells within the public right-of-way at 198 Locust be approved. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director THE CITY OF DUBUQUE, IOWA MEMORANDUM December 29, 1998 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Apex Environmental, Inc. - Monitoring Well Sunoco, Inc. - 198 Locust INTRODUCTION This is in repsonse to a December 1, 1998, request from Apex Environmental, Inc., to install monitoring wells within the public right-of-way at 198 Locust. DISCUSSION Apex Environmental, Inc., has been retained by Sunoco, Inc., to conduct subsurface environmental investigations at the Sunoco, Inc., site at 198 Locust Street. Apex Environmental is planning to install three monitoring wells, with possible additional wells depending upon the extent of the contamination. All work will be in compliance with IDNR requirements and will be abandoned in compliance with the Iowa Administrative Code. Well locations include Locust Street at Second Street and the alley directly to the east of the site. Attached is a map which identifies these locations. The City's approval would be in the form of a License Agreement between Apex Environmental, Inc., and the City which outlines the responsibilities of Apex Environmental, provides an indemnity to the City, and requires proof of liability insurance for placement of monitoring wells on City property. The License Agreement provides that the City shall have no liability for any environmental contamination occurring on the subject property, on City property, or on adjacent private property as a result of contamination from the property owner's site. In addition, the property owner 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 property owner 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 Apex Environmental, Inc., and have been approved by City staff. I would therefore recommend that the request to install monitoring wells on the City property adjacent to 198 Locust 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 Apex Environmental, Inc. APEX environmental, inc. 10052 Justin Drive Suite L Urbandale, IA 50322 Telephone 515-727-8025 Facsimile 515-727-8028 December 1, 1998 Michael Koch Public Works Director City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001-4864 RE: Request for permission of installation of Monitoring Wells in City Right-of-Way near 198 South Locust Street. Dear Mr. Koch: As per the City of Dubuques' requirements, this letter is written as a request for permission to initiate the work detailed below. As part of an Environmental assessment for Sunoco Inc. (R&M), Apex plans to install groundwater monitoring wells as various locations within the city right of ways (not in streets) as highlighted on the attahced map. Drilling of the monitoring wells will be performed by an Apex subcontractor, Shirley Environmental, using a truck mounted drilling rig utilizing hollow stem augers. The actual number of monitoring wells will be determined based on the extent of the contamination. All wells will be completed with a flush mounted 9" well cover set in concrete. Utilit clearance will be obtained throught the Iowa One Call System and will include city owned utilities. Drilling will be scheduled upon permission being granted from the City of Dubuque and should be completed within 3 days of commencement. A final well location map will be mailed to the City of Dubuque for records. If you have any questions concerning the enclosed material, please call me at (515) 727-8025. Sincerely, Apex Environmental, Inc. James Marke, CPG Program Manager cc: CERTIFICATE OF LIABILITY INSURANC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Inc. ACORDN PRODUCER Robertson Ryan & Assoc., o East Mason Street lwaukee WI 53202 one: 414-271-3575 INSURERS AFFORDING COVERAGE Shirley Enviro Testin Rte 1 Box 3064 Suite Nebraska City HE 68410 COVERAGES A I Su Ius Lines Ins Co I SURERB: Massachusetts Ba Insurance Co I SURER C: SURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rf~ TYPE OF INSURANCE POLICY NUMBER b~~lfiMMlD67YYi . DATE (MMID~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 ~ A X COMMERCIAL GENERAL LIABILITY 8199916 01/10/98 01/10/99 FIRE DAMAGE (Anyone fire) $ 50000 X i CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5000 X Professional E&O PERSONAL & ADV INJURY $ 2000000 - _ $1,000,000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2000000 I POLICY n ~~g: n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1000000 B ...!. ANY AUTO ADC5532548 01/10/98 01/10/99 (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) f-- X HIRED AUTOS BODILY INJURY I-- $ ~ NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~ OCCUR o CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I IVER'- B EMPLOYERS' LIABILITY WDC5507431 01/10/98 01/10/99 $100000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $100000 E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability coverage includes Pollution $1,000,000. Ci ty of Dubuque is named as Additional Insured on the General Liability. CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION CITYOF2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION . DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRmEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Ci ty of Dubuque IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 50 W 13th St REPRESENTATIVES. Dubuque IA 52001 AUTHORIZED REPRESENTATIVE ! I Michael R. Schulte ACORD 25-S (7/97) ACORD CORPORATION 1991