HomeMy WebLinkAbout2005-296
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING EXECUTION OF A LICENSE AND AGREEMENT WIm LOCKHEED
4 MARTIN CORPORATION (LMC) FOR ENCROACHMENT OF A GROUNDWATER
5 MONITORING WELL IN THE PUBLIC RIGHT-OF-WAY OF soum AMOS STREET
APPROXIMATELY 170 FEET NORTH OF EAST DUMAS STREET.
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RESOLUTION NO. 2005-296
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said City, a license and agreement with
Lockheed Martin Corporation (LMC) for encroachment of a groundwater monitoring well in the
public right-of-way of South Amos Street approximately 170 feet north of East Dumas Street, a
copy of which is attached hereto and incorporated herein as Exhibit "A".
SECTION 2. The authorization to execute the above referenced license and agreement
is rescinded if the parties fail to execute it within sixty (60) days of the passage of this
Resolution.
III
III
AUl!U.t 29. 2005
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2005-296
RESOLUTION .... AUTHORIZING AND DIRECTING EXECUTION OF A LICENSE
AND AGREEMENT WITH LOCKHEED MARTIN CORPORATION (LMC) FOR
ENCROACHMENT OF A GROUNDWATER MONITORING WELL IN THE PUBLIC
RIGHT-OF-WAY OF SOUTH AMOS STREET APPROXIMATELY 170 FEET NORTH
OF EAST DUMAS STREET.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
held on the 6th day of September
Council Members: AYES
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
meeting thereof
, 2005, by the following vote, to wit:
NAYES
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this go}/')
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:;~~P4f
AUlmot 29, 2005
,2005.
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EXHIBIT" A"
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
LdaYOf~ ,2005,byandbetween
LOCKHEED MARTIN CORPORATION (LMC)
hereinafter referred to as "Licensee," and the CITY OF SAN BERNARDINO, a
municipal corporation hereafter referred to as "City."
WITNESSETH:
For and in consideration of the mutual promises and covenants herein
contained, the parties hereto do hereby agree as follows:
1. City hereby gives pennission, removable and terminable as hereinafter
provided, to Licensee to install, use and maintain in conformance with existing laws on a
certain portion of the City's public right-of-way for South Amos Street, approximately
170 feet north of East Dumas Street, a gr~~dwater monitoring well at such location
indicated in Attachment "1 ", and in accordance with that letter dated August II, 2005,
from Licensee (Attachment "2"), both attached and made a part hereof, and subject to any
requirements or conditions as may be imposed by the Director of Development Services
of City.
2. This permission is. given to Licensee as an accommodation to Licensee
and shall be subject to an annual fee of $150.00, payable in advance to the Development
Services Department Real Property Section for each year that this License and
Agreement remains in effect.
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EXHIBIT" A"
3. Licensee hereby acknowledges the title and paramount interest of City to
the public right-of-way and agrees never to assail or resist said title or interest and to
observe present or future set-back requirements relating thereto.
4. City reserves the right to terminate the permission hereby given at any
time by giving Licensee at least thirty (30) days written notice of such termination,
except that City may, at its election, terminate said permission forthwith at any time if
Licensee shall fail to comply with or abide by each and all of the provisions hereof or
keep each and all of the Licensee's promises herein. Waiver by City of any breach of any
term or provision hereof shall not be deemed a waiver of any subsequent breach of the
same or any other term or provision hereof.
5. Licensee agrees to install, use and maintain said groundwater monitoring
well as required by this Agreement. Said groundwater monitoring well shall be
maintained at all times in a safe, neat, sightly and good physical condition. City shall be
the sole judge of the quality of maintenance~- and upon written notice by City, through its
Director of Development Services, stating in general terms how and in what manner the
maintenance is required, Licensee shall be required to perform such required
maintenance. If Licensee fails to do so, then City shall have the right to perform this
,-
maintenance, the cost of which shall be borne by Licensee. Licensee further agrees to
install, use and maintain said groUndwater monitoring well in conformity with applicable
Federal, State, and local laws, rules and regulations. Licensee shall at its own
responsibility and expense obtain and keep in effect all licenses, bonds and permits
necessary for the installation and existence of said groundwater monitoring well.
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EXHIBIT "A"
6. Upon termination of this Agreement, Licensee agrees to immediately
remove said groundwater monitoring well from the public right-of-way and to restore the
public right-of-way to the satisfaction of the Director of Development Services. If
Licensee fails to exercise its duties under this paragraph, City shall have the right to
remove said groundwater monitoring well and to restore the premises at no cost or
liability to the City. Licensee covenants and agrees to reimburse City for such removal
and/or restoration.
7. City shall in no way be responsible for loss ot or damage to said
groundwater monitoring well or for any property belonging to or leased by Licensee, its
officers, servants, agents or employees, that may be stolen, destroyed or in any way
damaged during the installation, use or maintenance of said groundwater monitoring
well.
8. Licensee shall exercise its privileges under this license at its own risk.
Licensee shall indemnify, defend and hold harmless City, its elective and appointive
boards, commissions, officers, agents and employees from any costs, claims, damages,
injuries, and liability resulting from, arising out of, or in any way connected with, the
construction, installation, use and maintenance of said groundwater monitoring well, the
occupation or use of the public areas of such structure, both during and after the
installation thereof, and including but not limited to any costs, claims, damages, injuries,
and liability resulting from the conduct of Licensee or the employees, invitees, guests or
agents of Licensee, or Licensee's failure to perform its promises in connection herewith.
9. The Licensee's attention is directed to Section 7-3, "Liability Insurance",
of the Standard Specifications for Public Works Construction, 2003 Edition, providing
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EXHmIT "A"
that the Licensee shall furnish the City with policies or certificates of liability insurance
prior to execution of the contract. All of the Insurance Policies shall name the City of
San Bernardino as an additionally insured. The endorsement shall be provided by the
agent of the insurance company and shall be notarized to that affect. ACCORD Forms
are not acceptable nor forms signed by the broker, unless they have Power of Attorney to
bind the insurance provider. (See attached Attachment "3") Licensee shall maintain
minimum limits of insurance no less than:
A) General Liability: $1,000,000.00 per occurrence and $2,000,000
aggregate for bodily injury, personal injury and property damage. Commercial
General Liability Insurance or other form with a general aggregate limit shall
apply separately to this project/location.
B) Products/Completed Operations: $1,000,000.00 per occurrence and
$2,000,000.00 aggregate.
C) Automobile Liability: $1,000,000.00 per accident for bodily injury and
property damage.
D) Employer's Liability: $1,000,000.00 per accident for bodily injury or
illness.
E) The Licensee's attention is directed to Section 7-4, "Worker's
Compensation Insurance", of Standard Specifications for Public Works
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EXHIBIT "A"
Construction, 2003 Edition, providing that the Licensee shall file a signed
certification Certificate of Worker's Compensation Insurance before start of work
under terms of this Agreement.
10. This license is personal to Licensee. It is nonassignable and any attempt
to assign this license will terminate the license privileges granted to Licensee under this
Agreement.
11. Licensee agrees that should any action, whether real or asserted, at law or
in equity, arise out of the terms of this Agreement, or by Licensee's operations on the
premises, venue for that action shall lie in San Bernardino County, California.
12, Licensee hereby certifies that it will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, marital status, national
origin or disability. Licensee's hiring practices and employee policies shall comply with
applicable Federal, State and local laws. Such action shall include, but not be limited to,
the following: Recruitment and recruitmeiit advertising, employment, upgrading and
promotion.
13. The prevailing party in any legal action to enforce or interpret any
provision(s) of this Agreement shall be entitled to recover from the losing party all
attorney's fees, court costs 'and necessary disbursements in connection with that action.
The costs, salary and expenses - of the City Attorney and members of his office in
connection with that action, shall be considered as attorney's fees for the purposes of this
Agreement.
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EXHIBIT "A"
14. All official notices relative to this Agreement shall be in writing and
addressed to the following representatives of Licensee and City:
Licensee
Mr. Chris Ingalls
Lockheed Martin Corp. (LMC)
Shared Services, Energy,
Environment, Safety and Health
Remediation
2950 N. Hollywood Way, Ste. 125
Burbank, CA 91505
Ph: (818) 847-0272
Fax: (818) 847-0256
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City
Mr. James Funk, Director
Development Services Department
City of San Bernardino
300 North ''0'' Street
San Bernardino, CA 92418
Ph: (909) 384-5357
Fax: (909) 384-5155
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EXHIBIT " A"
LICENSE AND AGREEMENT: INSTALLATION, MAINTENANCE AND
MONITORING OF A GROUNDWATER MONITORING WELL IN THE PUBLIC
RIGHT-OF-WAY OF SOUTH AMOS STREET APPROXIMATELY 170 FEET
NORTH OF EAST DUMAS STREET.
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IN WITNESS, the parties have executed this Agreement on the
daYOf~ ,2005.
ATTEST:
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Rach Clark, City Clerk
Approved as to form
And legal content:
James F. Penman
City Attorney
BYt~~.t#t#
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Valles, Mayor
OF SAN BERNARDINO
LOCKHEED MARTIN CORP. (LMC)
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Licensee
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ATTACHMENT "1"
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Proposed Well S
LMW-13 Site
Lockheed MlIrtIn Corporation
Monitoring Well LMW-13 Location
LOCATION:
San Bernardino, California
~ CHECKED:
TECH INC. DRAFTED:
, 17770~Rd. PROJ.:
1Mno.~"'" DAlE:
R. Marro uin
D. Bohmann
0507.097.01
08125/05
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ATTACHMENT "2"
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TETRA TECH, INC.
17770 Cartwright Road. Suite 500
Irvine. CA 92614
Telephone (949) 253-2958
FAX (949) 250-8778
August 11, 2005
City of San Bernardino
Development Services Engineering Division
"0" Street, 3rd Floor .
San Bernardino, California 92418
Attention: Mr. Michael Grubbs
Subject: Application for Excavation, Encroachment and Lane Closure Permit for
Groundwater Monitoring Well Installation
Dear Mr. Grubbs:
Tetra Tech, Inc, on behalf of our client, Lockheed Martin Corporation (LMC), is requesting
excavation, encroachment and lane closure permits for the purpose of drilling, installing, and
sampling a groundwater monitoring well (LMW-13). Attachment A contains information
pertinent to this application for wells LMW-13. The groundwater monitoring wells will be
installed and sampled in response to Clean-up and Abatement Order 97-58 Issued by the
California Regional Water Quality Control Board (RWQCB), Santa Ana Region. Installation
and sampling of this monitoring well will provide groundwater-quatitydata over an-extended
period of time.
Well Location Siting
The proposed location for monitoring well LMW-13 is along the west side of South Amos
Street, 170 feet north of East Dumas Street. The geographic coordinates (UTM in meters,
NAD 83) for this location are 3,770,860.95 North and 474,007.13 West.
The proposed monitoring well location is shown on the map, aerial photograph and plat map in
Attachment A (Figures 1 through 3).
P:IlOCKHEEDI2OO512OO5-2008 New Weotbey WeI.\Pemi1 AppIlcaUonslClty 01 San llerNrdinollMW-13 Revised locaUonlEncroechmenlPermltApp Rev 1 ,doc
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August 11, 2005
Page 2
ATTACHMENT "2"
Regulatory Oversight
A Work Plan is being developed for the installation of these and other monitoring wells in the
area. The Work Plan will be submitted to the Santa Ana Regional Water Quality Control Board
(RWQCB) prior to the commencement of drilling.
Well Design
The design will consist of one 12-inch boring that will be advanced to a depth of approximately
900 feet below ground surface (bgs) using conventional mud-rotary drilling techniques. A
schematic of the mud rotary system is included in Attachment A as Figure 4. Upon reaching
total depth, geophysical logs will be run at the well location to refine lithologic information that
will be gathered during drilling. Geophysical and lithologic data from the well location will be
analyzed and used to refine and finalize the design of the multi-port monitoring well. The well
will discretely monitor five groundwater zones within the aquifer system. A typical multi-port
well design is' provided in Attachment A on Figure 5. The surface completion of the multi-port
well will be within a traffic-rated, below-grade well vault that is in compliance with City of San
Bernardino specifications and has been approved for use by the city at a previous (San Jacinto
Street) well location. A drawing of the surface completion is provided in Attachment A on
Figure 6.
Prior to commencement of invasive work, Tetra Tech will obtain a well permit from San
Bernardino County Department of Health Services and will contact Underground Services Alert
(USA) to obtain utility clearance for the proposed well. The first 10 feet of the well will be
drilled using an air knife to ensure that any subsurface utility that was not identified by USA will
not be damaged. Wastes generated during drilling (Le., water, drilling fluids, and soil cuttings)
will be temporarily stored in appropriate vessels adjacent to the drill site pending sampling and
receipt of analytical results. Following receipt of analytical results, the wastes will be
transported from the drill site and disposed of in accordance with state and federal
requirements.
Upon completion of drilling and well construction activities, groundwater--samples will be
collected from the multi-port well on a regular sampling schedule. The periodic sampling will
be non-intrusive and requires minimaJequipment or disruption to the neighborhood.
Schedule
Drilling is tentatively scheduled to commence as early as September 6, 2005, depending on
your approval of this application. The daily work schedule will be in compliance with City of
San Bernardino requirements. The estimated duration of drilling and well installation at this
site is approximately four weeks, with an additional four to six weeks required for well
development. Subsequent sampling will require less than one day to complete. Because of
our compressed schedule, your expedited review and processing of this request is greatly
appreciated.
P:\LOCKHEEO\2OO5\2OO5-2006 New Weolbay W...1Pemi1 ApplalllonslClly of SIn 1Iem8rdInoII.MW-13 _ Loc8ltonlEncroec:l1monlPOfI1lilApp.doc
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August 11, 2005
Page 3
Permit Application
AITACHMENT "2"
Completed City of San Bernardino Department of Development Services Encroachment and
Lane Closure Permits, and Public Works Division Application for Excavation Permit forms are
included in Attachment B. We will pay the required fees upon assessment by the city. A
completed, signed License and Agreement document for this location is included as
Attachment C.
We appreciate your timely review of this application. In the meantime, should you have any
questions or comments regarding this application for an encroachment permit, please call
either Mr. Scott Parsons or myself at (949) 253-2958.
Sincerely,
Tetra Tech, Inc.
Brendan Shine, P.E.
Senior Engineer
Attachments
cc: Mr. Bill Bath, Lockheed Martin Corporation-.-.
Mr. Christopher Ingalls, Lockheed Martin Co~oration
P:IlOCKHEEDI2OO5I2OOS-2006 NewW_V WeIIllPemil ApplIcaIicna\Clty r:I San _no\I.MW-13 __ ~...lEncroechmonlPemitApp.doc
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CERTIFJCATJ: QF INSURAtofCE
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02115/98
THIS CERTIFICATE 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
PRODUCER
COMMERCIAL ASSOCIATES INS, INC
1226 EAST LA PALMA AVE
ANAHEIM, CA 92807
(714) 524-4949 FAX: 524-4940
COM"ANY
A CNA-TRANSCONTINETAL
INSURED
COM"ANY
B CNA-VALLEY FORGE
INLAND LANDSCAPING SERVICES
3000 CALIFORNIA STREET
SAN BERNARDINO, CA 92407
COlIf'ANY
C CHUBB GROUP-FEDERAL INSURANCE
COlIf'ANY
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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 PAlO CLAIMS
CO 1'IPI! OF __ POUCY _ f'GJCY II'PIC'Ilft ~1CY EllPIIlA110H LJMfT$
LTR MlI~ DATE\MIIYY1l101
COIIIIIRClAL GI!_ LlA8ILITY
Cl.MISlIADE 00 OCCUR
0WlI1In & CONTRACTOR'S I'ROT
1022875769
02/01/98
02/01/99
GEHIIW. AGGRIlIAft
f'R
I'E
EACH
FIIU! D ..... _1In1
-....CAnr-_1
12,000,000
11,000,000
11,000,000
11, 000,000
I 50,000
I 5, 000
11,000,000
GENERAL LIABIUTY
C:OIlIINeD SINGLE LIIIIT
AlL OWNED AUTOS
ICHIIDUl.ID AUTOS
_AUTOS
_.OWNEO AUTOS
lIOllIL Y INJUTY
C...._I
I
BAP 5197135 02/01/98
02/01/99
IODlL Y IN.NRY
1.....-1
.......o.1IlOI'Y_T
IIIf'LO'IIR'I LIMLITY
THE -..1<:M/
"M~
0I'I'lCIllS _:
INCL
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we. 'IOO()C.XX
0'2./01/98
01/~1/'J8
EL EM:Il A=-r
EL DISIASa-1'IIUCY UlIIT
EL DISEASE-loA UI'LOYH
OTHER
01_ OF -.. ITIIIIS
JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE N~~ED INSURED
RE: AD 2000, CONTRACT 9898
BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERrlFlCAJE HOLDER>', .~
..~~TJOH
SHOULD ANY OF TlE AllOY! DESCRIIED I'OLICES IE C<<EI' "b IIFOIII 1M!
EXPIRATION DATE THEREOF. THE ISSUING COWAHY WILL ('''[''~ WIN.
.. DAYS WRITYEN NOTICE TO THE CERTIFICATE HOLDER IWIII TO THE LEFT.
IUT ra,,,. 'q[ W &au I' .~.. ~lQll("[ ~_l If WI' NO . ~.T~tl.'" I:.....~
or at-~e-I" '~ONTtll ~gu"'."w A:G "'C,~,"~-A'~'I.$f'.lt.'
THE CITY Or. SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
300 NORTH "D~ STREET
SAN BERNARDINO, CA 92418-0001
ACORD ... (1I1S)h,
~T~
. ACQ.~ CORPoRA'PU"-f,.~
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ATTACHMENT "3"
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POUCY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ----- OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES/PUBLIC WORKS
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418-0001
(If no entry appears above, infonnation required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Sec~on ll) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that ins1Jred by or for you.
NOTE: MUST BE SIGEND BY AUTHORIZED REPRIlENTATlVE FOR PROVIDER.
ALSO SUPPLY POWER OF ArrgplEY GIVING A'IJJlQ6JII '[9 8JND
--
CG20 10 11 85
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company