Loading...
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