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Monitoring Wells_ENSR CorporationTHE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM November 13, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Monitoring Well Installation -ENSR Corporation City Engineer Gus Psihoyos recommends City Council approval of a request from ENSR Corporation to install two monitoring wells in City right-of-way of Salina Street, south of Railroad Avenue. These wells will be used to assess potential petroleum ground water impact associated with the Canadian National Railway facility operations. This is in conjunction with submission of a Site Clean-Up report to the Iowa Department of Natural Resources. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM November 7, 2007 TO: Michael C. Van Milligen, City Manager .~ FROM: Gus Psihoyos, City Engineer ~ - SUBJECT: Monitoring Well Installation -ENSR Corporation INTRODUCTION This is in response to a request from ENSR Corporation to install two monitoring wells in City right-of-way of Salina Street, south of Railroad Avenue. BACKGROUND ENSR Corporation has been hired to assess potential petroleum ground water impact associated with the Canadian National Railway facility operations. This is in conjunction with submission of a Site Clean-Up Report to the Iowa Department of Natural Resources (Iowa DNR). The wells would be placed to a depth of 20 to 25 feet. DISCUSSION ENSR will utilize licensed personnel to install the 2" diameter PVC casing to the depth 20 to 25 feet. A manway will be placed over the well for access by technicians for sampling and analysis. This access point will not impede traffic or create an obstruction. Attached is a map with the identified location. When it has been determined the well is no longer needed, it will be abandoned by removal of manway and backfilled with bentonite seal in accordance with Iowa DNR regulations. The City Council's approval would be in the form of a License Agreement between ENSR and the City which outlines the responsibility of ENSR Corporation, provides indemnity to the City, and requires proof of liability insurance for placement of the monitoring system on City property. 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. All the appropriate documents, including the license agreement, a map of the project location and proof of liability insurance have been submitted by ENSR Corporation and have been approved by City staff. RECOMMENDATION I would recommend that the request to install the monitoring system on the City property of Salina Street, south of Railroad Avenue be approved through the adoption of the attached resolution authorizing the Mayor to execute the attached License Agreement for Site Assessment. If, and when, ownership transfers to the owner, there is a separate Site Assessment agreement that would be completed and approved by the City Manager. BUDGET IMPACT This request will have no budget impact. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute the License Agreement with ENSR Corporation. Prepared by Jane Smith, Engineering Assistant cc: Jon Dienst, PE ENSR I AECOM The RETEC Group, Inc. 413 Wacouta Street, Suite 400, St. Paul. Minnesota 55101 T 651222 0841 F 651.222 (1914 www.ensr.aecorn corn November 6, 2007 Ms. Jane Smith Engineering Assistant II Engineering Department City Hall 50 W . 13th Street Dubuque, Iowa 52001 Subject: Submittal of License Agreement to Install Monitoring Wells on City Right-of-Way - Dubuque, Iowa (12440-018-107) Dear Ms. Jane Smith, ENSR Corporation (ENSR) is providing this submittal of documents to the City of Dubuque, Iowa (City), for consideration of a License Agreement to install monitoring wells on City right-of-way. The license Agreement is provided in Attachment A. The reason for the project is to assess potential petroleum groundwater impacts associated with operations at the Canadian National Railway facility. Once installed, groundwater samples will be collected from the wells, and the samples will be submitted for laboratory analysis of petroleum constituents. The location of the facility is shown on the attached figure. The approximate location of the proposed monitoring wells is also shown on the attached figure. Both figures are presented in Attachment B. Our insurance carrier will not be able to issue a Certificate of Insurance until the License Agreement for Site Assessment is signed by the City of Dubuque. However, a sample specimen of the Certificate of Insurance is included for your review. Once the License Agreement is signed by all parties, the Certificate of Insurance, in accordance with the Insurance Schedule B, will be forwarded to the City of Dubuque. The sample specimen insurance documents are provided in Attachment C. If you have any questions concerning this matter, please contact me at (651) 222-0841. Sincerel~+'~r•~ ~~ Daryl R.Beck, P.E. ~ Senior Project Manager dbeck @ ensr.aecom.com DRB:agg Attachments F:\PROJECTW\CNR\12440\016 -Dubuque\Corr\City\Dubuque.doc r~+~~, ;~:.~ ~,nn Era. ~ zu~~r LICENSE AGREEMENT FOR SITE ASSESSMENT THIS AGREEMENT is entered by and between~uSiZ ~. por~~m~Licensee) and the City of Dubuque, Iowa (City), this day of , 20 ~ • *i, tt, a T.,. ^ ~ ~,I~FR F A ~~ Licensee h t P~ ~ *^ ^^"*'' ..1..N1".~.~~. /e ~~ P e ~ ~, Licensee will assess and investigat WHEREAS, purse sites to determine the presence of petroleum contamination by taking soil samples and installing groundwater monitoring wells (the Activities), all in contemplation of the aration and submission of a Site Clean-Up Report (SCR) to the Iowa Department of D prep Natural Resources by the Licensee; and i-t,~. Cie ~ ~~15 . ~ ~~ WHEREAS, the investigation of sites C~~ ~~ a , ~^~-~. r ~. will ' involve the investigation of adjacent City- ; ~. ~ why( ~~ owned property, or City-owned street or alley right-of--way, (City Property or the City ~ (~ /~ Ta c.~ ~',~ ea s ~ d Properties); and SG(,:,~. S~~•i-~.,,.( WHEREAS, the Licensee's performance of the Activities herein provided will be 'k; ~,,r,,,,~ /4v~~ 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 .and investigation activities described hereinbelow (the Activities), and the right to enter shall continue in effect until If at that time Licensee has not completed all Activities required of it under its contract with the Board, 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 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 Property 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. The assessment and investigation activities (the Activities) to be undertaken by Licensee may include the following: Licensee agrees that its entry upon the City Properties shall be limited to the performance of said Activities. 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 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 Act~,vities. 4. 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 monitoring 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. 5. 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 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 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 Licensee with regazd to particular monitoring wells shall be deemed dischazged 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 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. 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 monitoring wells is deemed dischazged as herein provided. 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 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 monitoring wells, if provided in advance of their installation, and to advise Licensee if a proposed monitoring 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 monitoring wells to accommodate such construction activities by City. The parties further agree that unless Licensee is deemed dischazged, then in the event 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, 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. 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, f~u~s.~~,~,~~~ a ts, accounts, losses, damages, an attorneys' fees including U ~''3 ~~~a property damage or bodily injury, ~~~ ding Q~th at anyt~rr~e resulting therefrom, ~~' r~*` , ~` ~ > caused by Licensee or its officers, agents, employees, contractors, or r y any ird party arising out of the performance of the u,,,~ ~' +~L d "''c.c'~'~°-~ Activities upon City Property by Licensee, or arising out of the e;~is#ei~ 'a't ~ a`' ~°y'~`~°1 °~ l_~`~~s<< operation, maintenance, or removal of monitoring wells on City Property by Licensees ~~ fit,-}~,, P°"~y s lu.l l b~ ~_ nos l,H bl~ .b .µ~~ d ~,c,~ ~,- 9. Licensee shall purchase and maintain insurance as set forth in the attached ~ ~~ ~, -,,^}-,`~, ~ -1,d~K~}~ SP~up~ Insurance Schedule through the duration of this Agreement. ~a~~G.'TC~ aIr ~.OGn f{ v~{~n~~~ - 0. Upon request by the City, Licensee agrees to provide to the City, within u K~ ~x~""y1~7 °'' 1P"~~[~ ~ 10 days of request, copies of: ~+ ~ l~ ~ ~`J Ser~+`y ~ (a) all reports, including raw sampling data, which it has therefore wl.G~~ b~s~,( o^ co~~~, made or shall thereafter make to the Board, IDNR, or any other ~~ o~ oar „~~ leg 2^~ governmental agency; and t ~'~ (b) all correspondence, including further orders or directives, which it S~-.~~- <<^b'~t'~- st~.-~~-~"r °+~ received from the Board, IDNR, or any other governmental ~~,~,-„v;~~ ~ agency; relating to assessment or remediation of any particular Project Property or to adjacent City Properties. 11. Notices, reports, or correspondence required to be given or sent by this Agreement shall be directed to the following: If to the City: Engineering Department City of Dubuque 50 W. 13~' Street Dubuque, IA 52001-4864 (563) 589-4270 Fax: (563) 589-4205 If to the Licensee: ~~ S fZ Cvr ~,~,-~b `' c. ~c,K `f ~ 3 ~~t c~ :~ Ste: , s~,.; •k- '{ ~ c~ 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. City further warrants that it has full power and authority to bind the current and future invitees on City Properties. IN WITNESS HEREOF, ,~/v'SiZ C~~ p ~rti.~ d~ and City have executed two (2) original copies of this Agreement on the dates specified immediately adjacent to their respective signatures. ~'~'S~ Ca~~d.-,~~~~ LICENSEE ,~~/~ By: CITY OF DUBUQUE, IOWA LICENSOR By: Roy D. Buol, Mayor Date: ~~ ~~ 0 7 Date: ATTEST: Jeanne Schneider, City Clerk Rev. BL 5/06 ENSR Attachment B Figures with ENSR in 2C+0~ F:\PROJECTMCNR\12440\018 - D ubuq ue\Co rr\City\D ubuque. doc November 2007