MWH Americas, Inc._License Agreement for Site AssessmentTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: MWH Site Assessment, Former Peoples Natural Gas Site
DATE: March 26, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
MWH Americas Inc., on behalf of MidAmerican Energy Company, is preparing to
complete additional environmental assessment and remediation activities as they relate
to the former Peoples Natural Gas site at 925 Kerper Boulevard and City property
across from the old City maintenance facility. City Engineer Gus Psihoyos recommends
City Council approval of a License Agreement for Site Assessment and Remediation by
MWH Americas, Inc. on behalf of MidAmerican Energy Company.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bt/1144 .,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Maurice Jones, Economic Development Director
Candace Eudaley, Transit Manager
Chandra Ravada, ECIA
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 18, 2014
RE: MWH Site Assessment, Former Peoples Natural Gas Site
INTRODUCTION
Dubuque
bitial
AO -America City
11111.F
2007 • 2012 • 2013
MWH Americas, Inc. on behalf of MidAmerican Energy Company is preparing to
complete the additional environmental assessment and remediation activities as they
relate to the former Peoples Natural Gas site at 925 Kerper Blvd. and city property
across from the old City maintenance facility.
BACKGROUND
In 2007 and 2011 MWH was granted a site assessment agreement to conduct soil
borings and install monitoring wells at 925 Kerper Blvd. and on the public right of way
around 925 Kerper Blvd. In 2011 a Revocable License was granted for placement of
electrical service, pole, extraction well and temporary discharge tank on City property
across from 925 Kerper Blvd. for further investigations. At that time it was unknown,
pending testing results, if additional piping and/or building to house additional
equipment would be necessary.
DISCUSSION
On July 25, 2012 a letter, copy attached, was sent to MWH listing the City's
requirements if additional testing was needed. Due to the test results, the additional
environmental assessment and remediation activities are required. At this time MWH is
requesting placement of the additional wells and piping for a conveyance line to sanitary
sewer, remediation building to house equipment, pumps, chemicals and testing areas.
Attached to this memorandum is the License Agreement for Site Assessment and
Remediation and the Certificate of Insurance for City Council approval. As indicated in
the July 25, 2012 letter, the Oct. 2011 Revocable License would be amended and would
be processed after City Council approves the Site Assessment Agreement. The
amendment to the 2011 Revocable License requires submittal of the sample materials
and colors for the building. Attached is the color scheme for the masonry block and
roofing materials.
The License for Site Assessment and Remediation has been reviewed and approved by
Barry Lindahl, City Attorney and the remedial design drawings and specifications have
been reviewed by Don Vogt, Operations & Maintenance Manager, John Klostermann,
Street & Sewer Supv., Denise Ihrig, Environmental Engineer, Mike Brekke, Water
Distribution Supervisor, Nate Kieffer, Land Surveyor, Jon Dienst, Civil Engineer, Steve
Sampson -Brown, Project Manager, Mark Burkle, Asst. Chief/Fire Marshall.
MWH has also worked with Joseph Wojcik of the CN regarding the railroad spur and
clearances required.
ACTION TO BE TAKEN
It is requested that the License Agreement for Site Assessment and Remediation for
additional environmental assessment of the former Peoples Natural Gas site be placed
on the City Council agenda for approval.
Enc.
cc: Barry Lindahl, City Attorney
Don Vogt, Public Works Director
John Klostermann, Street & Sewer Supv.
Denise lhrig, Env. Eng.
Mike Brekke, Water Dist.Supv.
Nate Kieffer, LS
Jon Dienst, PE
Steve Sampson -Brown, Proj. Mgr.
Mark Burkle, Asst. Chief/Fire Marshall
Jane Smith, EAII
F:WANE SMITH\ROW\ROWENCR\WELLS\Mid-American Energy MWH
2
LICENSE AGREEMENT FOR SITE ASSESSMENT AND REMEDIATION
THIS AGREEMENT is entered by and between MWH, Americas, Inc. (on behalf
of MidAmerican Energy Company) (Licensee) and the City of Dubuque, Iowa (City), this
14th day of February, 2014.
WHEREAS, Licensee has entered into a contract with MidAmerican Energy
Company for environmental services related to potential contamination associated with
the former Peoples Natural Gas site formerly located at 925 Kerper Boulevard in the City
of Dubuque (Project Properties); and
WHEREAS, pursuant to said contract, Licensee will assess, investigate, and
conduct remedial activities on said site to address the presence of contamination by
taking soil and water samples; installing groundwater monitoring and extraction wells;
and constructing, operating, and maintaining a hydraulic containment remedial system,
all in contemplation of the preparation and submission of reports to the United States
Environmental Protection Agency and Iowa Department of Natural Resources by the
Licensee; and
WHEREAS, the investigation of said site will in many instances involve the
activities on adjacent City -owned property, or City -owned street or alley right-of-way,
(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 City and it is recognized that all work will be performed by
Licensee or its employees, agents, or subcontractors; and
WHEREAS, it is the desire and intention of Licensee and 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 City and Licensee, the said parties do hereby agree as
follows:
1. City hereby grants to 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,
investigation, and remedial activities described herein below, and the right
to enter shall continue in effect until December 31, 2024. If at that time
Licensee has not completed all Activities, 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 wells until such time as those
obligations are satisfied, all as provided in Paragraph 5 hereof.
2. City represents and warrants that it owns and is lawfully possessed of all
streets and alley rights-of-way adjacent to the Project Properties and that it
has full authority to grant and enter into this License Agreement, provided,
however, that 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 of Dubuque.
3. Licensee agrees to notify City, at the time it picks up Excavation Permits
for particular Project Properties, of its intent to commence the Activities
upon specific City Properties. Licensee agrees not to conduct soil borings
or to install groundwater wells upon the paved portion of any street or in
any street or highway median, without special written authorization from
City's Public Works Director.
As to privately owned "underground facilities" located upon City
Property, 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, and traffic
control), 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. Licensee, its agents, employees,
contractors or subcontractors, agrees that its responsibility and liability for
damage to underground facilities owned or operated by City, shall be
determined in accordance with the provisions of Chapter 480 of the Iowa
Code.
4. Within a reasonable time after completion of each step of any of the
Activities on City Properties; Licensee shall cause any tools, equipment,
materials except for any groundwater wells or other structures placed
hereon to be removed, and shall as reasonably possible 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 well upon City Properties shall remain the responsibility of
Licensee until each such 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 Licensee with regard to particular wells shall be deemed
discharged upon City's Public Works Director's receipt, acceptance, and
execution of an agreement, in form acceptable to City's Legal Department,
executed by the owner of the adjacent Project Properties, pursuant to
which the said property owner agrees to accept responsibility for the
operation and maintenance of said well and for its removal and
abandonment as above provided. Licensee agrees that City may retain its
License Agreement for Site Assessment, hold harmless, and maintain on
file certificates of liability insurance until its obligation to remove wells is
deemed discharged as herein provided.
Licensee agrees that unless deemed discharged it will promptly remove
and properly abandon any well located upon City Property when it is
notified by 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. City agrees to
review the proposed location of wells, if provided in advance of their
installation, and to advise Licensee if a proposed well location will
conflict with planned construction activities. City's failure to advise of
such conflicts shall not excuse Licensee of its obligation to remove wells
to accommodate such construction activities by City.
The parties further agree that unless Licensee is deemed discharged, then
in the event Licensee fails to properly maintain any well or the area
immediately adjacent thereto, or fails to remove a well after being advised
that the City Property upon which it is located is required for municipal
purposes, City may either (a) deny Licensee access thereto, or (b) declare
the said 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.
5. 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.
6. 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.
7. Licensee agrees to the extent Licensee is negligent to defend, indemnify,
and hold harmless 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 City, its officers, agents, or employees,
caused by Licensee or its officers, agents, employees, contractors, or
subcontractors arising out of the performance of the Activities upon City
Property by Licensee, or arising out of the ` existence, operation,
maintenance, or removal of wells on City Property by Licensee, or arising
out of or occasioned by Licensee's failure to perform any act as herein
required. In no event shall Licensee be liable for any indirect, incidental,
special or consequential damages whatsoever (including but not limited to
lost profits or interruption of business) arising out of or related to the
Activities, even if advised of the possibility of such damages.
8. Licensee shall purchase and maintain insurance as set forth in the attached
Insurance Schedule through the duration of this Agreement.
9. Upon request by the City, 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 USEPA, IDNR, or any other
governmental agency; and
(b) all correspondence, including further orders or directives, which it
received from the USEPA, IDNR, or any other governmental
agency; relating to assessment or remediation of any particular
Project Property or to adjacent City Properties.
10. 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:
Engineering Department
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001-4864
Phone: 563-589-4270
Fax: 563-589-4205
Brian C. Broderick
MWH
11153 Aurora Avenue
Des Moines, IA 50322
Phone: 515-253-0830
Fax: 515-253-9592
Such notices shall be delivered or sent by mail. Notices shall be deemed
given when placed in the mail, postage paid.
11. The undersigned warrant that they have full power and authority to
execute and deliver this Agreement. City further warrants that it has full
power and authority to bind the current and future invitees on City
Properties.
12. Iowa One -Call registration is/may be required by the City of Dubuque
with submittal of registration documentation by the Licensee.
IN WITNESS HEREOF, MWH Americas, Inc. (on behalf of MidAmerican
Energy Company), and City have executed two (2) original copies of this
Agreement on the dates specified immediately adjacent to their respective
signatures.
MWH Americas, Inc. (on behalf of CITY OF DUBUQUE, IOWA
MidAmerican Energy Company)
LICENSEE
LICENSO
By:By:
Date: o,Z-l4 -7•001-
Rev.
r`•01L
Rev. BL 5/06
7/2012
Date:
y D. Buol, Mayor
ATTEST:
Kevin ; . irnstahl, City Clerk
ROOFING
ACCENT
COLOR
MAIN
FIELD
1
1
_l
_l
_l
1
1
1
1
KERpER g
EXISTING S.
SANITARY SEWER
SERVICE INE
SANITARY SEWER
FORCE MAIN
FORMER RENEOW.
SYSTEM PAD AND
SECURITY FENCING
sTwo
MANHOLE
125
0
CLENNOUF
N
E9THST
4J
4SO
I 0
RAN
PROPOSED SYSTEM LAYOUT
11
50 105 MI_
LEGEND:
• CONVEYMICE LME GLENN OUT
• EXTRACTION 11111
e9101 009 E90911110
00W091A 111.091 11514010
SAM 7011 MM. M.
O
IBM 14. MINA 14x1 FEW"
Y
01517111 01
9/7 12
111 a"�+"`
Out mwlmaAaxi
Mesas Xtt
,'79` t:w : Dt
I/10/19
51,9110 if
R NM
1/10/14
0.1910911Q
/10/14
0110140 M
d 1u09E,R
1/10/14
LON0 610•010
R 011.1511100P
1/10/11
NMI WIMP.
0111171117101791% MO
DUDUOUE, IOWA
REMEDIAL DESIGN DRAWINGS FOR
PEOPLES NATURAL OAS SITE
619 MY rrl
ilk
PROPOSED SYSTEM LAYOUT
2 17
1011100001OPSI.O