Lease Agreement with Seneca Environmental
.
.
.
RESOLUTION NO.2~ -99
RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND SENECA ENVIRONMENTAL, INC., TO INSTALL MONITORING
WELLS ON PUBLIC RIGHT-OF-WAY AT FIRST AND WATER STREETS
Whereas, Seneca Environmental, Inc., on behalf of Iowa Oil company has
requested permission from the City of Dubuque to install monitoring wells on City right-of-
way at First and Water Streets in Dubuque, Iowa, for the purpose of assessing current
groundwater 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, Inc. 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, 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.
Passed, approved and adopted this 18th day of January
,1999.
/
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. / (
! / '>-,../
/~0./, ;' ..d:~/
Terrance M. D-u~n
fVtayor
Attest:
I
. Davis, City Clerk
~MO\ '3(\01\81\0
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LICENSE AGREEMENT RIGHT-Of-ENTRY
fOR SITE ASSESSMENT
THIS AGREEMENT is entered by and between Iowa Oi 1 Company
(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 contract with S e nee a En vir 0 n ITlf01 tal
assess potential environmental contamination at 1 s tan d Wa t e r S t r e e t 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:
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
1 / 1 / 2 0 0 1 . If at that time the Licensee has not
completed all Activities require of it under its contract with the S e nee a
Environmental , the City may, through its City Council, extend this
,
I
I
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,
,
I
I
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
,
I
I
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 int\3nded 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 I 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: *
$
I
* 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 IDNR, or any other governmental agency;
relating to assessment or remediation of any particular Project
Property or to adjacent City Property(ies).
I
,
I
I
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:
Brian Enke
Iowa Oil Company
2080 South Park Court
nllhllqllP, IA 52003
5X =?- -? ~ h 3
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, Iowa 0 i' Compa nv and the City have executed two
(2) original copies of this Agreement on the dates specified immediately adjacent to
their respective signatures.
Iowa Oil Company
LICENSEE
a JU r:,./) S, 0._
Brian Enke
CITY OF DUBUQUE, IOWA
LICENSOR
By:
By:
Terrance M. Duggan, Mayor
Date: III (t; ICj~
Date:
ATTEST:
Mary A. Davis, City Clerk
I . Seneca Environmental Services
December 15, 1998
Ms. Jane Smith
Engineering DMsion
50 West 13" Street
Dubuque, Iowa 52001-4864
Re: Pennanent Monitoring Wells in Dubuque City Right-of-Way
Dear Ms. Smith:
Seneca Environmental Services installed two monitoring wells, MW-fJ and MW-2, in the city right-of-
way in ear1y February, 1998. These walls were installed as part of an emergency response to a
release from the lOCO Bulk Plant. Although these wells were initially expected to be temporary, the
presence of free product at the groundwater table necessitates retention of the two wells for continued
groundwater monitoring.
I
Please find a map of the loco Bulk Plant endosed. The two monitoring wells, MW-fJ and MW-2, in the
city's right-of-way have been highlighted in yellow. _ If you have any questions, feel free to contact me at
(800) 728-6900.
Sincerely,
Mark Diehl
Project Manager
Enclosure
I
Des Moines
Bettendorf
17851 244th Avenue
Betendo.rf, Iowa 52722
319.332.2272
800.728.6900
319.332'9465 FAX
4140 N.E, 14th Street
Des Moines, Iowa 50313
515.262-3500
800.369.3500
515.262.2469 FAX
lilt STREET
FtRTIUZDl
STORAGE
TANK
GRAVEl. PARKING LOT
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DUBUQUE. IOWA
SITE PLAN
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REVISED:
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PROJECT NO:
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Srr8 lOCO - BULK PLANT
100 EAST 1st STREET
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PI-lASE 3 SITE PLAN
lUST NUIolSER:
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SOIL BORING LOG AND MONITORING WELL CONSTRUCTION DIAGRAM
Boring I Well Number: MW2
Boring Depth (ft) X Diameter (in): 18'x 8"
Well Contractor Name: Maxium
Registration Number: 40370
Ground Surface
Elevation:
Date:
100.28
2/1/98
Date: 2/1/98
End Time: 15:15
Start Time: 14:30
Well Construction Details
Facility loco Bulk Plant
Name:
Blow Count
if applicable
02103198
11.50
Top of Casing
Elevation:
UST
Number NIA
Sample
No. Type"
02112/98
11.88
Facility 100 East 1st Street
Street Address: Dubuque, Iowa
Drilling Method: Hollow Stem Auger
Logged by: Mark Diehl
SENECA
100.00
LUST
Number NIA
PID / FID
Rock Formations, Soil, Color and
Classifications, Observations
(moisture, odor, etc.) First
column for uses
Depth
(feet)
-- 0
- 1
- 2
- 3
- 4
-5
6
- 7
- 8
- 9
-- 10
- 11
- 12
- 13
- 14
-15
- 16
- 17
- 18
- 19
-- 20
well top
Riser
bentonite
screen
Observations
.. SS (split spoon) HS (hollow stem auger)
Date:
Level:
Water Levels (ASL)
Time:
Static Water Level Symbol v
Reading
Gravel I'
Fill matrial, bricks, cobble
&. shells Stetereted @ 10'
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I medium to coarse grain
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Total Depth 18'
02123/98
03/02/98
03112/98
10.55
9.50
8.80
DNR FORM 542-1392
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SOIL BORING LOG AND MONITORING WELL CONSTRUCTION DIAGRAM
Boring I Well Number: MW6
Boring Depth (ft) X Diameter (in): 20'x 7"
Well Contractor Name: Maxium
Registration Number: 40370
Ground Surface
Elevation:
Date:
Start Time: 14:25
212198
101.06
Date: 212198
End Time: 14:50
Depth Well Construction Details
(feet)
-- 0
- 1
- 2
- 3
- 4
-- 5
- 6
- 7
- 8
- 9
-- 10
- 11
- 12
- 13
- 14
-- 15
- 16
- 17
- 18
- 19
-20
Riser
bentonite
".
screen
Observations
· SS (split spoon) HS (hollow stem auger)
Date:
Water Levels (ASL)
Level:
Static Water Level Symbol v
Time:
Facility loco Bulk Plant
Name:
Blow Count
if applicable
02103/98
12.06
Top of Casing
Elevation:
UST
Number N/A
Sample
No. Type.
02112/98
12.52
Facility 100 East 1st Street
Street Address: Dubuque, Iowa
Drilling Method: Hollow Stem Auger
Logged by: Mark Diehl
SENECA
100.82
LUST
Number N/A
PID I FID Rock Formations, Soil, Color and
Classifications, Observations
Reading (moisture, odor, etc.) First
column for uses
Gravel I'
Fill matrlal, bricks, cobble
&. shells Staterated @l 10'
SP - Sand, OK Brown to
black, petroleum odor,
medium to coarse grain
Total Depth 20'
02123/98
03/02198
03/12/98
10.98
9.84
DNR FORM 542-1392
"
.
.
.
"
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:
Brian Enke
Iowa Oil Company
2080 South Park Court
nllhllqup-, IA 52003
~1' -?5'fP 3
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, Iowa 0 i1 Comp a ny and the City have executed two
(2) original copies of this Agreement on the dates specified immediately adjacent to
their respective signatures.
Iowa Oil Company
LICENSEE
{? )(J r;.'/) f.n tt.-.
Brian Enke
CITY OF DUBUQUE, IOWA
L1CENSOR_
~'-'
By: .'
T~rrance M. Duggan
By:
~.~.,.._.--
Date: Illl~ J cr 'i
Date: January 18, 1999
ATTEST:
().~ (
. Davis, City Clerk
.
.
.
(I Seneca Environmental Services
Decernber15,1998
Ms. Jane Smith
Engineering DMsion
50 West 13" Street
Dubuque, Iowa 52001-4864
Re: Pennanent Monitoring Wells in Dubuque City Right-of-Way
Dear Ms. Smith:
Seneca Environmental Services installed two monitoring wells, MW-6 and MW-2, in the city right-of-
way in ear1y February, 1998. These walls were installed as part of an emergency response to a
release from the lOCO Bulk Plant. Although these wells were initially expected to be temporary, the
presence of free product at the groundwater table necessitates retention of the two wells for continued
groundwater monitoring.
Please find a map of the loco Bulk Plant endosed. The two monitoring wells, wrN-6 and wrN-2, in the
city's right-of-way have been highlighted in yellow. If you have any questions, feel free to contact me at
(800) 728-6900.
Sincerely,
Mark Diehl
Project Manager
Endosure
Des Moines
Bettendorf
17851 244th Avenue
Betendorf, Iowa 52722
319'332'2272
800'728-6900
319-332-9465 FAX
4140 N.E. 14th Street
Des Moines, Iowa 50313
515'262'3500
800'369-3500
515'262-2469 FAX
1.t STREET
FERT1UZER
STORACE
TANK
GRAVEL PARKING LOT
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PROJECT NO:
6090101
SITE: lOCO - BUll< PLANT
100 EAST 1.. STREET
DUBUQUE, IOWA
SITE PLAN
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02-09-98
REVIEWED BY:
DH/"O
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N/A
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PAt-1SE 3 SITE PLAN
IOWA 01 L COMPANY
DUBUQUE WARE~OU5E
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FILE NAIolE:
IOCO/BULKPLNT
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PROJECT NO:
,oqOIOI
SITE: lOCO - BULK PLANT
100 EAST I~t STREET
DUBUQUE, IOWA
PI-lASE 3 SITE PLAN
lUST NUIoIBER:
N/A
SCALE:
" . 30'
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REVISED:
04-10-qe
DATE:
02-0Q-Qe
REVIEWED frf:
DI-I/MD
DRAWN frf:
mtn
.
.
.
"-,
SOIL BORING LOG AND MONITORING WELL CONSTRUCTION DIAGRAM
Boring I Well Number: MW2
Boring Depth (ft) X Diameter (in): 18'x 8"
Well Contractor Name: Maxium
Registration Number: 40370
Ground Surface
Elevation:
100.28
Date: 2/1/98
Start Time: 14:30
Date: 2/1/98
End Time: 15:15
Depth Well Construction Details
(feet)
-- 0
- 1
- 2
- 3
- 4
-- 5
- 6
- 7
- 8
- 9
-- 10
- 11
- 12
- 13
- 14
-15
- 16
-17
- 18
- 19
-- 20
Riser
screen
Observations
* SS (split spoon) HS (hollow stem auger)
Date:
Water Levels (ASL)
Level:
Static Water Level Symbol v Time:
Facility loco Bulk Plant
Name:
Blow Count
if applicable
02/03198
11.50
Facility 100 East 1st Street
Street Address: Dubuque, Iowa
Drilling Method: Hollow Stem Auger
Logged by: Mark Diehl
SENECA
Top of Casing
Elevation: 100.00
UST
Number NIA
Sample
No. Type*
02/12/98
11.88
LUST
Number NIA
PID I FID Rock Formations, Soil, Color and
Classifications, Observations
Reading (moisture, odor, etc.) First
column for uses
I
I
I
I Gravell'
I
I
I
I
I
I Fill matrial, bricks, cobbla
I &. shells State rated @ 10'
I
I
I
I
I
I
I
I
I
I
I
I
I
I SP - Sand, OK Brown to
I black, petroleum odor,
I medium to coarse grain
I
I
I
I
I
I
I
I
I
I.
Total Depth 18'
02/23/98
10.55
03/02/98
03112/98
8.80
9.50
DNR FORM 542-1392
d SOIL BORING LOG AND MONITORING WELL CONSTRUCTION DIAGRAM
.
.
Boring I Well Number: MW6
Boring Depth (fl) X Diameter (in): 20'x 7"
Well Contractor Name: Maxium
Registration Number: 40370
Ground Surface
Elevation:
Date:
2/2198
Start Time: 14:25
101.06
Date: 212198
End Time: 14:50
Depth Well Construction Details
(feet)
-- 0
- 1
- 2
- 3
- 4
-- 5
- 6
- 7
- 8
- 9
-- 10
- 11
- 12
- 13
- 14
-- 15
- 16
- 17
- 18
- 19
-20
well top
Riser
bentonite
v.
screen
* SS (split spoon) HS (hollow stem auger)
. Observations
Water Levels (ASL)
Date:
Level:
Static Water Level Symbol v
Time:
Facility loco Bulk Plant
Name:
Blow Count
if applicable
02/03/98
12.06
Facility 100 East 1 st Street
Street Address: Dubuque, Iowa
Drilling Method: Hollow Stem Auger
Logged by: Mark Diehl
SENECA
Top of Casing
Elevation: 100.82
UST
Number N/A
Sample
No. Type*
02/12/98
12.52
LUST
Number N/A
PID I FID Rock Formations, Soil, Color and
Classifications, Observations
Reading (moisture, odor, etc.) First
column for uses
Gravell'
Fill matrial, bricks, cobble
& shells Statereted @l 10'
I
I
I
I
I
I SP - Sand, OK Brown to
I black, petroleum odor.
I medium to coarse grain
I
I
I
I
I
I
I
I
I
I.
Total Depth 20'
02123/98
03/02/98
03112/98
10.98
9.84
DNR FORM 542-1392
. .
CITY OF DUBUQUE, IOWA
MEMORANDUM
.
January 13, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Seneca Environmental - Monitoring Well
Iowa Oil Company - First and Water Street
.
Public Works Director Mike Koch is recommending that a request from Iowa Oil
Company and Seneca Environmental for placement of monitoring wells on City
property at First and Water Streets be approved.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
,0ltuL( [i~llfl-
Michael C. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
.
'1MOI '3(\0(\9110
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. .
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 7, 1999
TO:
Michael C. Van Milligen, City Manager
FROM:
~_I J /1
Michael A. Koch, Public Works Director Jlj{.l /(itL
SUBJECT:
Seneca Environmental - Monitoring Well
Iowa Oil Company - 1 st & Water
INTRODUCTION
.
This is in response to a December 15, 1998 request from Iowa Oil Company and
Seneca Environmental to approve and license monitoring wells installed at an Iowa Oil
Company site at 1 st and Water.
DISCUSSION
In early February, 1998 a leak was detected and investigated at the lOCO bulk plant
site at 1 st & Water. Environmental concerns required the immediate installation of
monitoring wells. Seneca Environmental was retained by Iowa Oil Company to install
and conduct surface environmental investigations at the lOCO site. Two wells were
installed on the public right-of-way for a depth of 18' and 20' below grade. All work
was done in compliance with IDNR requirements and will be abandoned in compliance
with the Iowa Administrative Code. Attached is a map which identifies these
locations.
The City's approval would be in the form of a License Agreement between Iowa Oil
Company and the City which outlines the responsibilities of Iowa Oil Company,
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 projects property, on City property, or
on adjacent private property as a result of contamination from the property owners
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.
RECOMMENDA TION
All the appropriate documents including a map of the well locations and proof of
liability insurance have been submitted by Iowa Oil Company, and have been approved
by City staff. I would therefore recommend that the request to license the monitoring
wells on City property adjacent to 100 East 1 st Street 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 Iowa Oil Company.
MAK/ksa