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Consent Calendar
City of San Bernardino
Request for Council Action
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Date: June 21, 2017
To: Honorable Mayor and City Council
From: Mark Scott, City Manager �S
By: Andrea M. Miller, Assistant City Manager / Interim Public
Works Director
Ryan Aschenbrenner, Acting Real Property Specialist
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Subject: License Agreement with Lockheed Martin Corporation for an E
Encroachment for the Installation of Three Groundwater
Monitoring Wells
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Recommendation
Adopt the Resolution of the Mayor and City Council of the City of San Bernardino J
Authorizing and directing the execution of a License Agreement with Lockheed Martin
Corporation for an encroachment at 1188 Scenic Drive, 1364 Camino Real, and 463 o
MacKay Drive within the City for the installation of three groundwater monitoring wells. La
Background 0
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On May 5, 2017, the Public Works Department received a request from Tetra Tech to W
sign three San Bernardino County Public Health, Environmental Health Services
Application for Well Permits as the Property Owner (Attachment 2). The individual well
permits may be found as Exhibits "2-A", "2-B", and "2-C" of the Resolution (Attachment
3). As the City owns the land on which the streets lie and in which the wells are to be r
constructed, the San Bernardino County Public Health, Environmental Health Services
— Application for Well Permit requires that the City sign the County Well Permit
applications as the Property Owner. r
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On May 9, 2017, the Public Works Department received a request from Tetra Tech for a
License Agreement related to an encroachment permit on behalf of their client, E
Lockheed Martin Corporation (Attachment 1). The Figures referenced in Attachment 1 S
may be found as Exhibit "1" of the Resolution. a
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The proposed encroachment is to be within Scenic Drive, Camino Real, and MacKay 4)
Drive as shown in Figures 1A, 1B, 2A, 213, 4A, and 4B of Exhibit 1" of the Resolution,
Figures 3A and 3B have been omitted because they are not encroaching upon the City
streets. The encroachment will be for the installation of a below grade groundwater s
monitoring well at each of the three sites consisting of two adjacent boreholes advanced
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to different depth intervals and housed in a traffic-rated well vault. The concept well
construction design is provided in Figure 5 of Exhibit 1" of the Resolution. These wells
are to provide water quality data and to document containment of the Crafton-Red lands `o
synthetic perchlorate and trichloroethene (trichloroethylene) plumes with in the Bunker
Hill Groundwater Basin. The wells locations and depths have been chosen to be .2
parallel and up-gradient to Colton Narrows, the groundwater basin boundary between c
the Bunker Hill and Rialto Colton Basins.
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The License Agreement (Exhibit "A" of the Resolution) protects the City's interest in the
street and places liability arising from the wells upon the Licensee. As set forth in the
License Agreement, the encroachment will not be allowed to conflict with any existing or
proposed City improvements or utilities presently located or proposed to be located r
within the City streets. The License Agreement holds the Licensee responsible for any c
damage done directly or indirectly to the street by the Licensee, in the exercising of any
right, power, privilege, or duty under or pursuant to the agreement for the term of the 3
agreement. The Licensee will be required to obtain additional temporary encroachment
permits for Lane Closure and Excavation as required by the City, subject to review and
approval by the Director of Public Works. The Licensee will also be required to obtain
liability insurance naming the City as additional insured as set forth in the Agreement, a
which shall be kept in force during the term of the agreement. N
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Discussion
If the Resolution is adopted, the License and Agreement will be executed and the City
will provide Tetra Tech with a signed San Bernardino County Public Health, o
Environmental Health Services — Application for Well Permits to be submitted by the LO
Licensee.
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Fiscal Impact
Costs incurred with this action have been offset by the non-refundable processing fee of
$625 which has been paid in full by the petitioner.
Conclusion d
Staff recommends that the Mayor and City Council adopt the Resolution of the Mayor 5
and City Council of the City of San Bernardino Authorizing and Directing Execution of a 0
License Agreement with Lockheed Martin Corporation for an Encroachment at 1188
Scenic Drive, 1364 Camino Real, and 463 MacKay Drive within the City, for the 3
Installation of Three Groundwater Monitoring Wells. If the Resolution is not adopted
then Lockheed Martin Corporation will not be permitted to install groundwater d
monitoring wells in the referenced streets.
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Attachments
Attachment 1 — Letter Requesting License Agreement
Attachment 2 — Letter Requesting Well Applications c
Attachment 3 — Resolution r-
Exhibit "A" — License Agreement
Exhibit "1" — Figures c
Exhibit "2-A","2-B","2-C" — Well Permit Applications c
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Ward: 3
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Synopsis of Previous Council Actions: c
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• None
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TETRA TECH
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City of San Bernardino May 9,2017 c
Public Works Department- Real Property Section
300 North D Street-3`d Floor o
San Bernardino,CA 92418 Q
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Attention: Ryan Ascltenbrenner c
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Subject: Encroachment/License Agreement Request for Colton Narrows Monitoring Well Installation -
1188 Scenic Drive, 1364 EI Camino Real,and 463 West MacKay Drive, y
San Bernardino,California
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Dear Mr.Aschenbrenner: 0
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Tetra Tech Inc. (Tetra Tech), on behalf of Lockheed Martin Corporation (Lockheed Martin), requests and 3
encroachment/license agreement to install groundwater monitoring wells at three City of San Bernardino properties:
1188 Scenic Drive, 1364 El Camino Real, and 463 West MacKay Drive. Locations for the three proposed °1
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monitoring well locations are shown on Figures IA, 1B,2A,2B,4A,and 4B.The proposed work involves drilling m
and installing monitoring wells in the street using a drill rig and supporting equipment.There will be two adjacent
horeholes advanced at each well site to monitor groundwater at different depth intervals. The conceptual well Q
construction design for each well site is provided on Figure 5. U)
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This letter is being sent in response to an email received by Tetra Tech on May 8, 2017 stating that a license J
agreement/encroachment permit is needed for long tern monitoring which must be requested in letter format. A
copy of the email request is provided as Attachment A. The City of San Bernardino is already in receipt of the c
Lance Closure and Excavation permit applications for drilling field activities for these groundwater monitoring
wells.
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Tetra Tech is the environmental consultant for the well owner, Lockheed Martin. Please make the w
Encroachment/License Agreement in Lockheed Martin's name as follows:
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Brian T.Thorne
Senior Technical Project Manager Q
Lockheed Martin Corporation
Energy, Enviromnent, Safety& Health
2550 North Hollywood Way,Suite 406,
Burbank,CA 91505 .a
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Tetra Tech appreciates the opportunity to work with the City of San Bernardino on this project. If you have any
questions please contact either Roy Marroquin at 949.809.5234 and iuy.ma,rcuauiii,u teliatech t:om or James o
Gonzales at 949.809.5223 and j.Lunc,,.umizale�a+winech.cuu,. J
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Sincerely, 3
Tetra Tech. Inc.
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Y J.Mir(04um James A. Gon A;s,PG,CHG N
Principal Hydrogeologist/Project Director Senior Hydrogeologist c
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cc: Patrick T.McCullough,Lockheed Martin Corporation
Tetra Tech Inc.
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F_i u�res 0
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Figure 1 A Colton Narrows Proposed Well Location 1
Figure 1 B Colton Narrows Proposed Well Location 1 -Limits of Construction LOQ
Figure 2A Colton Narrows Proposed Well Location 2 `..
Figure 2B Colton Narrows Proposed Well Location 2-Limits of Construction U
Figure 4A Colton Narrows Proposed Well Location 2 =
Figure 4B Colton Narrows Proposed Well Location 2-Limits of Construction
Figure 5 Conceptual Monitoring Well Design �
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Attachments r
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Attachment A Email Correspondence from City of San Bernardino
Attachment B Fee Payment of$637.50(sent by mail on May 11,2017)
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Tetra Tech, Inc. E
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Gonzales, James
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From: Carlos Miramontes <Miramontes_Ca@sbcity.org> c
Sent: Monday, May 08,2017 11:13 AM
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To: Gonzales, James
Subject: RE: Drill&Install monitoring wells(El Camino Real,SCenic Dr,W.Mackay Dr) Q.
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Good morning James, t
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The TCP for all three ROW permits have been approved by traffic and the ROW permits are ready to be issued. However,
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for maintenance of all six wells a permanent encroachment permit is required by the city. Please send a letter r
substantially of this from requesting a License Agreement for the permanent encroachment of tire well sites in the
public right of way.Council will need to approve the license agreement so please send me the letter as soon as you can
for there is a 3-4 week lead time until the next council meeting.Attach is an example of how the letter should be
written. Please note that the amount should be$625+ 2%tech fee=$637.50. If you have any questions please let me 3
know. c
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thank you,
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Carlos Miramontes m
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From: Gonzales, James [mailto:James.Gonzales@tetratech.com]
Sent: Friday, May 05, 2017 1:27 PM M
To: Mina Habib
Cc: Permit Requests
Subject: RE: Drill & Install monitoring wells (EI Camino Real, SCenic Dr, W. Mackay Dr) F-
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Hello Mina,
Just checking to see if you have any information on the status of permits El 700318,E1700319, E1700322.We are U
getting near to the time of implementation and need to know details of the permits from City of San Bernardino.
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In addition,I have sent County of San Bernardino-Well Application permit applications to your office for review and
signature.The County permits require signature of property owner (City of San Bernardino)along with responsible party rC
information(Lockheed),drilling contractor,and consultant (Tetra Tech), We request that the City of San Bernardino
review and sign these permits then return back to me at Tetra Tech so we can send back to the County of San 'a
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Bernardino along with the rest of the permit package and fee.This information is included in the cover letter included °'
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with the permits for signature sent to your office via FedEx. 'e
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Please provide a status as soon as you can.
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Kind Regards, c
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James Gonzales I Senior Hydrogeologist,PG,CHG d
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From: Gonzales,James U)
Sent: Monday,April 17,2017 9:00 AM
To: 'Mina Habib'<Habib Mi@sbcity.or>;>
Cc: 'PW-Permits@sbcky.org'<PW-Permits@sbcity.ors>
Subject:RE:Drill& Install monitoring wells(EI Camino Real,SCenic Dr,W.Mackay Dr) E
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TETRA TECH
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City of San BernardinoMay 5, 2017
Public Works Department ZN1 MAY "8 N 1Z. 1 o
300 North D Street, 310 Floorcc 116.
San Bernardino, CA 92418 c.
Attention: Permits Section(3r0 Floor) o
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Subject: Request for Signature on San Bernardino County Public Health, Environmental Health
Services —Application for Well Permit as Property Owner, Permit No. E1700318, E1700319,
and E1700322
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Dear Permit Technician; Y.
Tetra Tech Inc. (Tetra Tech) is requesting signature on San Bernardino County Public Health t
Applications for Well Permit (attached) by City of San Bernardino as property owner for wells associated 3
with permits E1700318, E1700319, and E1700322. Upon signature, Tetra Tech requests that the signed .+
permits be returned to James Gonzales of Tetra Tech so to be included with the permit package and fee
to San Bernardino County Public Health. E
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As required by the County of San Bernardino, the well permit application requires signature by the drilling a
contractor(completed)and property owner. In the case of permits E1700318, E1700319, and El 700322, y
all of the proposed wells are located on City of San Bernardino streets; therefore, the property owner is
the City of San Bernardino.
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The wells identifications and associated City of San Bernardino permits are summarized below: M
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Ci of San Bernardino Permit Identification Well Identifications
E1700318 LMW-CN-2A, LMW-CN-2C
LMW-CN-2B, LMW-CN-2D _ Z
E1700319 LMW-CN-1A, LMW-CN-1C
LMW-CN-1B, LMW-CN-1D v
E1700322 LMW-CN-4A, LMW-CN-4C Q
LMW-CN-46, LMW-CN-4D a
Included with this letter are six San Bernardino County Public Health — Applications for Well Permit for =
review and signature by City of San Bernardino as property owner. Please sign and return to James
Gonzales at 17885 Von Karman Avenue, Suite 500, Irvine, California. ,a
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Please contact me at (949) 809-5223 or james.gonzales@tetratech.com if you have any questions or r
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require additional information. c
Sincerely,
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James Gonzales, PG, CHG a
Senior Hydrogeologist
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17885 Von Karman, Suite 500 to
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Irvine, California 92614 m
Direct: (949)809-5223 J
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TETRA TECH d
17685 Von Katmzn Averwe Site 500 Irvine CA 92614 E
Tel 949 809 S00@ F'949 809 5010 www tett arecf,gea cam wNww tet,aLmh corn t)
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RESOLUTION NO. c
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
2 SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE c
3 EXECUTION OF A LICENSE AGREEMENT WITH LOCKHEED MARTIN c
CORPORATION FOR AN ENCROACHMENT AT 1188 SCENIC DRIVE, 1364 v
4 CAMINO REAL,AND 463 MACKAY DRIVE WITHIN THE CITY, FOR THE
5 INSTALLATION OF THREE GROUNDWATER MONITORING WELLS
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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS: 0
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8 SECTION 1. The Mayor and City Council of the City of San Bernardino hereby 3
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approve a License Agreement with Lockheed Martin Corporation for an encroachment at d
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1188 Scenic Drive, 1364 Camino Real, and 463 MacKay Drive in the City of San Bernardino, a
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12 for the installation of three groundwater monitoring wells.
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13 SECTION 2. The City Manager or his designee is hereby authorized and directed to
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14 execute on behalf of the City a License Agreement, a copy of which is attached hereto and
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incorporated herein as Exhibit "A". Z
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SECTION 3. The authorization to execute the above referenced license agreement is a
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18 rescinded if the parties fail to execute it within ninety (90) days of the passage of this a
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19 Resolution. �
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN c
1 BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE c
2 EXECUTION OF A LICENSE AGREEMENT WITH LOCKHEED MARTIN :�
CORPORATION FOR AN ENCROACHMENT AT 1188 SCENIC DRIVE, 1364 0
3 CAMINO REAL, AND 463 MACKAY DRIVE WITHIN THE CITY, FOR THE c
INSTALLATION OF THREE GROUNDWATER MONITORING WELLS v
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and City Council of the City of San Bernardino at a Y
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7 meeting thereof, held on the day of , 2017, by the following vote, L
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to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ _ H
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BARRIOS
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VALDIVIA o
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SHORETT
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16 NICKEL =
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17 RICHARD
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MULVIHILL c
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Georgeann Hanna, CMC, City Clerk Y
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22 The foregoing Resolution is hereby approved this day of , 2017. w
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R. Carey Davis, Mayor a�
25 City of San Bernardino a
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26 Approved as to form:
Gary D. Saenz, City Attorney
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28 By: E
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EXHIBIT "A"
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, c
CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A LICENSE AGREEMENT E
WITH LOCKHEED MARTIN CORPORATION FOR AN ENCROACHMENT AT 1188 SCENIC DRIVE,
1364 CAMINO REAL, AND 463 MACKAY DRIVE WITHIN THE CITY, FOR THE INSTALLATION OF
THREE GROUNDWATER MONITORING WELLS a
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LICENSE AND AGREEMENT
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THIS LICENSE AND AGREEMENT is made and entered into this 0
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day of 2017, by and between LOCKHEED =
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MARTIN CORPORATION, hereinafter referred to as "Licensee," and the CITY OF SAN
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BERNARDINO, a municipal corporation hereafter referred to as "City." Y
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WITNESSETH: L
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For and in consideration of the mutual promises and covenants herein
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contained, the parties hereto do hereby agree as follows:
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1. City hereby gives permission, removable and terminable as hereinafter
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provided, to Licensee for encroachment of three (3) groundwater monitoring wells and
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appurtenances thereto ("Wells") to be located in and under Scenic Drive, Camino Real and r,
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MacKay Drive, all public streets in the City of San Bernardino, as shown on Figures IA, 2A, co
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and 4A of Exhibit "1" ("Encroachment Area"), attached hereto and incorporated herein by W
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reference in accordance with that letter dated May 9, 2017, from Tetra Tech, a consultant for
and on behalf of Licensee, as set forth in said Exhibit "1", and subject to an requirements a
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conditions as may be imposed by the Director of Public Works of the City, or his/her g
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designee. Use of said Encroachment Area shall be for the right to construct, maintain, inspect, L
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operate, protect, repair, replace and retain in place the Wells as indicated schematically on
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Figure 5 of said Exhibit "I". Licensee agrees to install, use and maintain said Encroachment 3
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Areas required by this Agreement. All Wells installed, located or maintained pursuant to this d
Agreement shall be so placed and maintained as not to interfere with the use of any public a
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streets, highways, alleys or bridges by the traveling public to any greater extent than is
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reasonably necessary, and the placement of any Wells shall be subject to approval of the
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING !FELLS WITHIN SCENIC v
DRIVE,CAMINO REAL,AND MACKAY DRIVE;IN THE CITY OF SAN BERNARDINO,CA. :6
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Director of Public Works so as not to interfere or conflict with any existing, or future storm °
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drains, sewers, water lines and any other utilities or improvements owned by the City. In
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installing, replacing, repairing or maintaining said Wells, the Licensee shall fill all trenches I`00
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and leave the surface of said streets, highways or alleys in as good condition as it was prior to
excavating for said installation, replacement, repair or maintenance to the satisfaction of City, d
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and shall comply with any and all Federal, State and local laws, rules and regulations c
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applicable thereto, including the requirement for obtaining street cutting permits. Street cuts, 3
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temporary encroachment permits and restoration of street cuts shall be completed pursuant to
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City Standard 310 and subject to the requirements as set forth in Chapter 12.03 of the City of
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San Bernardino Municipal Code.
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2. The City shall deliver to the Licensee, a signed Well Permit Application from -'
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the County of San Bernardino, Department of Public Health, Environmental Health Services, Ln
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a copy of which is shown in Exhibits 2-A, 2-13 and 2-C, attached hereto and incorporated z
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herein, to be replaced by the issued permits, for the purpose of installing said Wells. Licensee v
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shall keep said permit in full force and effect during installation of said Wells. Q
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3. The Encroachment Area 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
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upon written notice by City, through its Director of Public Works, stating in general terms c
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how and in what manner the maintenance is required, Licensee shall be required to perform =
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such maintenance. If Licensee fails to do so, then City shall have the right to perform this E
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maintenance, the cost of which shall be borne by Licensee. Licensee shall, at its own
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responsibility and expense, obtain and keep in effect all licenses, bonds, insurance and N
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permits necessary for the installation and existence of said Encroachment.
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN SCENIC v
DRIVE,CAMINO REAL,AND MACKAY DRIVE;IN THE CITY OF SAN BERNARDINO,CA. ro
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4. City reserves the right to improve, widen, vacate or relocate any highway, °
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street, alley or other public places, or portion thereof, over and within which this Agreement L
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is granted, including the widening, change of grade, construction or reconstruction of such 0
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highway, street, alley or other public places or portion thereof, for the purpose of any public
improvements. If notice is given by City to Licensee that work is to be done pursuant to the
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rights reserved herein, which notice shall specify the general nature of the work in the area in 0
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which the same is to be performed, Licensee shall at its expense, do all things reasonably
necessary to protect, disconnect, relocate or remove its property during the progress of such
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work at the required time in order to accommodate such work. All such things to be done and a
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work to be performed by Licensee shall be at the sole cost and expense of the Licensee. In
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the event that City shall hereafter construct, install, reconstruct or repair any bridge or J
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artificial support in, on, over or underlying any highway, street alley or other public place or
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improvement in which the Licensee's property is located pursuant to this Agreement, and in z
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the event that the cost of such work as may reasonably be required is increased in order to =
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provide for the installation, maintenance or operation of Licensee's property in, on, over or Q
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under the area covered by such project, then Licensee shall pay to City the full amount of R
such increase of cost, upon completion of such construction, installation or repair. Any
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damage done directly or indirectly to any public street, highway, alley or other public place or c
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improvement by the Licensee, in exercising directly or indirectly any right, power or privilege
under this Agreement, or in performing any duty under or pursuant to the provisions of this E
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Agreement, shall be promptly repaired by Licensee at its sole cost and expense, to the a,
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reasonable satisfaction of City. _
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN SCENIC v
DRIVE,CAMINO REAL,AND MACKAY DRIVE; IN THE CITY OF SAN BERNARDINO,CA.
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6. Licensee hereby acknowledges the title or paramount interest of City to the °
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public right-of-way and agrees never to assail or resist said title or interest and to observe R
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present or future set-back requirements relating thereto while this Agreement is in force and 0�
effect. _
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7. Licensee shall, as and for the consideration for the granting of this License, pay ami
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to the City of San Bernardino, forthwith, the sum of$625.00 due immediately upon approval c
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of this Agreement by the City. This Agreement shall not take effect until such payment has 3
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been made by the Licensee to the City. Licensee shall also make an annual payment of
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$150.00 to the City which shall be due and payable on January I of each year while this rn
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Agreement is in effect. _
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8. City reserves the right to terminate this License Agreement at any time for any J
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reason by giving Licensee at least thirty (30) days written notice of such termination, except
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that City may, at its election, terminate said permission forthwith at any time if Licensee shall z
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fail to comply with or abide by each and all of the provisions hereof or keep each and all of v
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the Licensee's promises herein. Waiver by City of any breach of any term or provision hereof Q
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shall not be deemed a waiver of any subsequent breach of the same or any other term or
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provision hereof. If not otherwise terminated, this Agreement shall be for a period of five (5)
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years commencing on the latest date of execution of this Agreement by the parties hereto and c
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ending five(5) years from that date.
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9. This Agreement may be extended for any additional terms by written mutual
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consent and approval by the Licensee and the Director of Public Works.
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10. Upon termination of this Agreement, Licensee agrees to immediately remove N
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said Encroachment from the public right-of-way and to restore the public right-of-way to the -'
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN SCENIC
DRIVE,CAMINO REAL,AND MACKAY DRIVE;IN THE CITY OF SAN BERNARDINO,CA. �a
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satisfaction of the Director of Public Works. If Licensee fails to exercise its duties under this ,0
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paragraph, City shall have the right to remove said Encroachment Area and to restore the tv
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premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City o
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for such cost of removal and/or restoration.
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11. City shall in no way be responsible for loss of or damage to said Encroachment d
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Area or for any property belonging to or leased by Licensee, its officers, servants, agents or 0
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employees, that may be stolen, destroyed or in any way damaged during the installation, use 3
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Licensee shall indemnify, defend and hold harmless City, its elective and appointive boards, _
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commissions, officers, agents and employees from any costs, claims, damages, injuries, and J
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liability resulting from, arising out of, or in any way connected with, the City s approval of
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this Agreement, the construction, installation, use and maintenance of said Encroachment
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Area, the occupation or use of the public areas of such structure, both during and after the v
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installation thereof, and including but not limited to any costs, claims, damages, injuries, and a
liability resulting from the conduct of Licensee or the employees, invitees, guests or agents of t
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Licensee,or Licensee's failure to perform its promises in connection herewith.
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13. While not restricting or limiting the foregoing, during the term of this c
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Agreement, Licensee shall maintain in effect policies of comprehensive public, general and L
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automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
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statutory worker's compensation coverage, and shall file copies of said policies with the City's
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Director of Public Works prior to undertaking any work under this Agreement. City shall be 0
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set forth as an additional named insured in each policy of insurance provided hereunder. The
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN SCENIC v
DRIVE,CAMINO REAL,AND MACKAY DRIVE; IN THE CITY OF SAN BERNARDINO,CA. �o
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Certificate of Insurance furnished to the City shall require the insurer to notify City of any
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change or termination in the policy. If the Licensee is self-insured, a Certificate of Self-
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14. This Agreement is personal to Licensee. It is non-assignable, except with prior
written consent of the City. Any attempt to assign this Agreement without consent will m
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terminate the privileges granted to Licensee under this Agreement. The City will not
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unreasonably withhold consent.
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accordance with the laws of the State of California without regard to principles of conflicts of rn
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law. The parties hereto further agree that all actions or proceedings arising in connection with
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San Bernardino, State of California or the U.S. District Court for the Central District of
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California. The aforementioned choice of venue is intended by the parties to be mandatory z
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and not permissive in nature. i
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16. In the performance of this Agreement and in the hiring and recruitment of Q
employees, Licensee shall not engage in, nor permit its officers, employees or agents to
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pursuant to Section 12940 of the California Government Code. d
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any person arising out of the acts or omissions of Licensee, its agents or employees in the 0
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Agreement, the prevailing party shall be entitled to recover from the opposing party all costs
and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
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exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, c
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conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and 3
members of his office in enforcing this Agreement on behalf of the City shall be considered as
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City: Licensee: Ln
CITY OF SAN BERNARDINO LOCKHEED MARTIN CORPORATION
CIO Public Works—Real Property Energy, Environment, Safety&Health Z
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290 North "U" Street 2550 North Hollywood Way, Suite 406
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San Bernardino, CA 92401 Burbank,CA 91505 v
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20. This Agreement may be modified only in a writing signed by the parties in
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21. This Agreement constitutes the entire Agreement between the parties with 3
respect to any matter referred to in this Agreement, and supersedes any and all other writings d
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN SCENIC v
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN ,o
SCENIC DRIVE, CAMINO REAL, AND MAC KAY DRIVE; IN THE CITY OF SAN BERNARDINO,
CA.
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IN WITNESS, the parties have executed this Agreement on date first written above.
CITY OF SAN BERNARDINO: LOCKHEED MARTIN CORPORATION: d
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MARK SCOTT, City Manager BRIAN T. THORN, Senior Technical Project Manager: 3
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Approved as to form:
GARY D. SAENZ, City Attorney
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LICENSE AGREEMENT FOR VN(ROA(HNIENT OF 1HREE (z) MONITORING %YELLS NITHIN SCENIC =
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TETRA TECH
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City of San Bernardino May 9,2017 0
Public Works Department-Real Properly Section .2
300 North D Street-3rd Floor
San Bernardino,CA 92418 Q.
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Attention: Ryan Aschenbrenner r-
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Subject: Encroachment/License Agreement Request for Colton Narrows Monitoring Well Installation -
1188 Scenic Drive, 1364 EI Camino Real,and 463 West MacKay Drive,
San Bernardino,California a>
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Dear Mr. Aschenbrenner: o
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Tetra Tech Inc. (Tetra Tech), on behalf of Lockheed Martin Corporation (Lockheed Martin), requests and 3
encroachment/license agreement to install groundwater monitoring wells at three City of San Bernardino properties:
1188 Scenic Drive, 1364 El Camino Real, and 463 West MacKay Drive. Locations for the three proposed m
monitoring well locations are shown on Figures 1 A, 1 B,2A,213,4A,and 4B.The proposed work involves drilling
and installing monitoring wells in the street using a drill rig and supporting equipment.There will be two adjacent
171
boreholes advanced at each well site to monitor groundwater at different depth intervals. The conceptual well Q
construction design for each well site is provided on Figure 5.
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This letter is being sent in response to an email received by Tetra Tech on May 8, 2017 stating that a license U
a eement/encroachment J
gr permit is needed for long term monitoring which must be requested in letter format. A
copy of the email request is provided as Attachment A. The City of San Bernardino is already in receipt of the <i
Lance Closure and Excavation permit applications for drilling field activities for these groundwater monitoring Ln
wells.
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Tetra Tech is the environmental consultant for the well owner, Lockheed Martin. Please make the Z
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Encroachment/License Agreement in Lockheed Martin's name as follows:
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Brian T.Thorne Q
Senior Technical Project Manager Q
Lockheed Martin Corporation
Energy, Environment,Safety& Health
2550 North Hollywood Way,Suite 406,
Burbank,CA 91505
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Tetra Tech appreciates the opportunity to work with the City of San Bernardino on this project. If you have any Y
questions please contact either Roy Marroquin at 949.809.5234 and i«willtcaluut {tetrt,trcli.cum or James
Gonzales at 949.809.5223 and 1imoJ
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Sincerely, 3
Tetra Tech,Inc.
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R-0501"MtnJun James A.Gonzal"s,PG,CHG a,
Principal Hydrogeologist"Project Director Senior Hydrogeologist
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cc: Patrick'I'. McCullough,Lockheed Martin Corporation
Teti a 1 ech Inc
Tel www.tetratech.com
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LOCKING CAP---� C
TRAFFIC-RATED
LMW-5
TRAFFIC-RATED wEll �,
�— VAULT GEOPHYSICAL LOG
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(Fl BGS L
44N SCH 40 PVC BLANK _ SHORT NORMAL(RSN)AND Q
CASING APPROX.50 FT ONGNORMAi)RL N)RESISTIVITY Q'
LENGTH -- -� Q
BENTONITE-CEMENT—'- - i - - HN SCH 40 PVC BLANK
GROUT CASING.APPROX.IW F1
W-MESH / - = LENGTH 5D _ t'
TRANSITION SAND - —
(3 FT MIN)
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4-IN SCH 40 PVC SCREEN
0 010-IN OR 0A20-IN SLOT, i'' Q
APPROX.90 FT LENGTH _i 100 FT BGS
.............------- ._ _ ........ .. _ ..... APPROX 715 FT BGS Q
HSU-2
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TRANSITION . -
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4 I SCH 40 PVC BLANK = -�
CASING.APPROX.20 Fl _ PACK 200 FT BOB
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4AN SCH 40 PVC
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TRANSITION SAND 70 FT LENGTH
IS FT MIN) --END CAP 250 .. J
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44N SCH 40 PVC SCREEN
0.010-IN OR 0.0204N SLOT,
APPROX.20 FT LENGTH
END CAP 300 FT BGS 300 - •_.
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CASING APPROX.485 FT
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LENGTH 500 FT BGS 500'
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NOTES:
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T, ACTUAL WELL CASING/SCREEN DEPTH.SLOT SIZE Q
SEAL INTERVALS,ETC.TO BE DETERMINED BASED
ON FIELD DATA AND CONDITIONS N
2. SCALED TO APPROXIMATE DEPTH C
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3 CENTRALIZER AT 40-FT INTERVALS AND AT BOTTOM V
WELL CASING. 7TIE ...I
CONCEPTUAL MONITORING WELL DEMON
LEGEND
LOCKHEED MARTIN CORPORATION d
GROUNDWATER LEVEL SAN BERNARDINO COUNTY,CALIFORNIA
Hsu HYOROSTRATIORAPHK;UMl ■wOt. TETRA IECH — u
FT SGS FEET BELOW GROUND SURFACE 'v N1nAt14 717-ewluo S
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EXHIBIT 662-A"
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LICENSE AGREEMENT FOR ENCROACHMENI Of 1HREE. (3) MONITORING NN ELLS NITHIN SCENIC C
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DRIVE.C.AMINO REAL.,AND MACKAY DRIVE: IN THE CITI OF SAN BERNARDINO.CA. E
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k�tr r.'`lklr"` Public Health Phone (600)442-2283 w
COUNTY Y Environmental Health Services 0 ''til c
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APPLICATION FOR WELL PERMIT o
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1–PROPERTY INFORMATION ) phone Number M
property Owner _ -
SM.Address
City elate Zip
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AeaesBor's Parcel Number
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Email Ad
WS Tier EAN Range Sactlen__ -__.
Township I J
Well bead Latitude(decima) longitude(decimal] - --
34 070887° -117.293123°
Property Ownei g Andress CKy
2–CONSULTANT INFORMATION E
Name of Consoltanl Email - - - -Phone Number - d)
Tetra Tech Inc james gonzales tetralech.inc
-- ■ 949 809-5223 4)
Address Chy Stele Zip
17885 Von Karman Avenue Irvine California 92614.6213 a
3–
Name OI Driller REGISTERED WELL DRILLER INFORMATION
�`" N
Cascade Drilling Services IPhone Number
Email --—--—__ 909-931AO14 v
C•5)Lkxnae Number
loconnor@cascade-env.com 938110
Return well
permit to Q Well Driller ■ Consultant ❑ Property Owner Return by� ❑ Mail
■ Email M
4–TYPE OF WORK c
■ New LMW-CN-4B.LMW-CN-0D(nested) ❑ Reconstruction
❑ Destruction
Date of Work Start Dale completion Date - F-
June 5,2017 September 30,2017 Z
_ -
_ 5-WELL TYPE W
❑ Agriculture ❑ Geothermal2
❑
Industrial
❑ Cathodic ❑ HorizontalQ
® Monitoring±Observation
L7 Commurnty/PwSlGAy-Specify Use Below ❑ Residential-cannot be used as a ❑ Test
Use: community well ❑ Other Q
6–ANNULAR SEAL
Seal Depth(ft)LMW-CN-48:2-158 feet bgs(bentonite-grout),LMW-CN-4D 231-483 feet bgs(bentonite-grout
_.. _ _ to
❑ Driven Conductor Diameter(in.) ❑ Wall(gauge)(in.)
■ Sealing Material Bentonite Grout ❑ Thickness(in) y
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Sealing material shall be placed in one continuous pour Annular seal thickness must be at least 3 inches for public water supply wells V
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-DIMENSIONS
proposes Depth of Won(ft)230 and 505,respective Existing Depth W Well(h)NIA Diameter OI Sore(in)15 3
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6-CASING INSTALLED 7!7 d
❑ Steel ■ Plastic ❑ Standard Casing ❑ Other E
❑ No Casing m
From(ft.) To(ft) Diameter(In.) Wall(Gauge)
230 4 0.47 d
0 505 4 0.47
Gravel Pack ■ Yes Q No Lom
(ft.)158,483 To(ft)231,505
—_ .1
Specify Other x Backfill Material )N/A To(ft)N/A
Page 1 of 2
Rev 11/6!1.5 t
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9-PERFORATIONS(list all It applicable) to
From(ft.) 160 - _485 To(ft) 230 .505 Pumping Rate(gpm)N/A r0
10-SEALED ZONES list all if applicable► _
From(ft) 231 To(ft) 483 r
11-PLOT PLAN 16-
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a) In perspective to the well site sketch and label the following items on a separate paver well lot property lines, other wells ?
(include abandoned wells), sewage disposal systems(sewers, septic tanks, leaching fields seepage pits cesspools), lakes 0
and ponds,watercourses and animals or fowl kept
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b) Indicate the distance, in feet,of any of the above which are within 500 ft. of the well site The plot plan needs to be drawn to r-
scale('/a inch=100 feel) Show the approximate drainage pattern of the property and show access roads to the well site within cc
500 feet.
c) ❑ None of the above is within 500 feet
d) Solid or Liquid Disposal Site within Two Miles ❑ Yes ❑ No Location Y
12-METHOD OF CONSTRUCTION OR DESTRUCTION - o
Provide the method of construction/destruction in the space below or as an attachment if more space is needed.The method shall be in
accordance with the standards recommended in the California Department of Water Resources Bulletin No 74-81 and 74-90 Title 22 w
standards shall also be followed for public water supply wells 3
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13-AGREEMENT AND SIGNATURE --- _ - - -- m
I have read this application and agree to comply with all laws regulating the type of work being performed _ u
Property Owner's �/ Date
Signature X J
-- -- —
Prirtl Property OwnWs Name
M
-- - -- - O
C-57 Contras pr's Dare
Stgnature X _ 2/1/17
Print Contractor's Name
Don Win letwich
., e o sr;e •c e c •u f c ® (� to - s e Z
❑ Sent to Water Agency Permit Number: LJ
❑ Water Agency conditions or recommendations attached Expiration Date:
❑ Denied WP Number: — U
❑ Approved subject to the following
Q
F-
Notify the Division's Safe Drinking Water Program at(800)442-2283 at least seventy two(72)hours In advance to make an inspection Q
A. ❑ of the following operations: (Inspections are conducted Monday-Friday between 8 00 AM to 5.00 PM) Failure to cancel or reschedule
appointments may result in an additional hourly fee t
❑ Prior to sealing of the annular space or filling of the conductor casing
❑ After installation of the surface protective slab and pumping equipment
❑ After installation of the surface features
tv
❑ During destruction of wells,prior to pouring the sealing material
B ❑ Submit to the Division..within thirty(30)days after completion of work a copy of p
❑ Water Well Driller's Report ❑ Bacterial Analysis ❑ Inorganic Chemical Analysis ❑ General Physical J
s
❑ Radiological Analysis ❑ Nitrate ❑ Organic Chemical Analysis ❑ General Mineral
- ------- _ — 3
Comments-
_.____--- -------..---------
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Fee FA Number Record ID PF Numbs, y
-- — C
Late Fee: El Y O N Designated Employee Received By Date
7 v
Check One: ❑ New ❑ Transfer ❑ Reactivate Changes(please sp,:ofy) -- ---" - J
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LICENSE AGREEMENT FOR EN('ROA(IIMENT OF 'I HREE (3) NIONITORING H ELLS WITHIN SCENIC
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DRIVE,CAMINO REAL,AND!11ACKAY DRIVE; IN THE CITY OF SAN BERNARDINO,CA. E
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APPLICATION FOR WELL PERMIT `o
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1-,PROPERTY INFORMATION
Property Owner T Phone Number
Sie Addreas _ CRY State Up d
Assessor's Parcel Number Email �
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Township NIS Tlar - EAN Range -Sectbn - J
Well Head 1 Latitude(decimal)-- -- - Longitude(decimal)
34.078693° -117.301532° 3
Propehy Owners Meiling Address "- CRY lata 7Jp a+
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2-CONSULTANT INFORMATION
— -- - --- -- — 4)
Name d Consuh-ant ma
Eil Phone Number 4)Tetra Tech Inc. ames.gormalesQtetratech.inc 949-809.5223
ACdress - -- -.--__ City —---� State— 2:p
17885 Von Karmen Avenue _ Irvine California 92614.6213 Q
- - 3-REGISTERED WELL DRILLER INFORMATION
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Name of Driller Phone Number C
Cascade Drilling Services 909-9314014 tv
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Email C•57—License Number J
ioconnor@cascade-env.com 938110
Return well permit to ❑ Well Driller ■ Consultant ❑ Property Owner Return by ❑ Mail ■ Email M
4-TYPE OF WORK _ to
■ New LMW-CN-1 B.LMW-CN-1D(nested) ❑ Reconstruction ❑ Destruction --�
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Work start Date -- '— Completior Date
Date o1
June 5,2017 September 30,2017 Z
6-WELL TYPE j LU
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❑ Agriculture ❑ Geothermal ❑ Industrial I =
❑ Cathodic ❑ Horizontal ■ Monitoring/Observation U
❑ Community/PWS/City-Specify Use Below ❑ Residential-cannot be used as 9 ❑ Test
Use: community well ❑ Other Q
6-ANNULAR SEAL c
Seal Depth(ft.)LMW CN-1 B:2-158 feet bgs(bentonite-grout),LMW-CN-1 D:231-483 feet bgs(bentonite-grout
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❑ Driven Conductor Diameter(in) ❑ Wall(gauge)(in.) —
■ Sealing Material Bentonite Grout ❑ Thickness(in) d
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Sealing material shall be placed in one continuous pour Annular seal thickness must be at least 3 inches for public water supply wells V
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7-DIMENSIONS
Proposed Depth of Well(ft) --- Existing Depth of well In Diameter of Bore(in) 3
230 and 505,respective NIA 15
8-CASING INSTALLED -- y
❑ Steel ■ Plastic ❑ Standard Casing ❑ Other ❑ No Casing
From(it.) To(fl) Diameter(In.) Wall(Gauge)
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0 230 4 0.47 Q
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0 -- 505 T 4 0.47 =
Gravel Pads ■ Yes ❑ No From(ft)168,483 To(ft.)231,505
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Specify Other From(ft)NIA To(ft)NIA
Backfill Material c
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9-PERFORATIONS(list all fftf as pUSble
From(h) 160 485 J To(h) 230 505Pumping Rate(gpm)N!A p
10-SEALED ZONES(list all if applicable
From(h) 231 To(ft) 483 O
11-PLOT PLAN
a) In perspective to the well site, sketch and label the following items on a separate paper well lot property lines, other wells O.
(include abandoned wells), sewage disposal systems (sewers, septic tanks, leaching fields, seepage pits, cesspools), lakes O
and ponds watercourses and animals or fowl kept U
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b) Indicate the distance in feet of any of the above which are within 500 It of the well site The plot plan needs to be drawn to C
scale('h inch= 100 feet) Show the approximate drainage pattern of the property and show access roads to the well she within to
500 feet
c) ❑ None of the above is within 500 feet. y
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d) Solid or Liquid Disposal Site within Two Miles ❑ Yes p No location Y
—�,12-METHOD OF CONSTRUCTION OR DESTRUCTION _ p
Provide the method of construction/destruction in the space below or as an attachment if more space is needed The method shall be in -t
accordance with the standards recommended in the California Department of Water Resources Bulletin No 74-81 and 74-90 Title 22 r
standards shall also be followed for public water supply wells 3
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13-AGREEMENT ANO SIGNATURE N
I have read this apps cation and agree to comply with all laws regulating the type of work being performed. y
Progeny owner ___ _ _____ Date v
Signature X J
Print Property Owner s Name
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C-57Contreriors ......._ .----� .. _ _ Date 0
S gnature X 2/1/17
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Print—Contractor'S Warne M
Don Wt lewich
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D Sent to Water AgencyPermit Number: W
❑ Water Agency conditions or recommendations attached Expiration Date i U
❑ Dented — WP Number, 1 Q
❑ Approved subject to the following
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Notify the Division's Safe Drinking Water Program at(800)442-2283 al least severity two(72)tours in advance to make an inspection Q
A ❑ of the following operations: (inspections are conducted Monday-Friday between 8:00 AM to 5:00 PM) Failure to cancel or reschedule
appointments may result in an additional hourly fee
❑ Prior to sealing of the annular space or filling of the conductor casing
❑ After installation of the surface prolective slab and pumping equipment
❑ After installation of the surface features d
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❑ During destruction of wells,prior to pouring the sealing material t
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B ❑ Submit to the Division,within thirty(30)days after completion of work,a copy of v
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❑ Water Well Driiler's Report ❑ Bacterial Analysis ❑ Inorganic Chemical Analysis ❑ General Physical J
❑ Radiological Analysis ❑ Nitrate ❑ Organic Chemical Analysis ❑ General Mineral L r•+
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Fee' FA Number Record ID' PE Number N
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Late Fee: C) Y ❑ N
Designated Employee Recaved By Date O
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Check One ❑ New ❑ Transfer L1Reactivate Changes(please specify)
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EXHIBIT 662-C99
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LICENSE AGREEMENT FOR ENCROACHMENT OF THREE (3) MONITORING WELLS WITHIN SCENIC c
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DRIVE,CAMINO REAL,AND MACKAY DRIVE;IN THE CITY OF SAN BERN ARDINO.CA. E
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APPLICATION FOR WELL PERMIT 0 a
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I-PROPERTY INFORMATION
Owner Phone Number
Site Address City ZIP
_Assessor's P-arjo-1 Kor-n-beTr Email
Township NIS Tier EAN Range section 0
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Latitude(decimal) Longitude(deckinal)
Well Head , 341075A54` -117.297593*
Properly Owner's Ma,,qq Anrfr�s City i 3:
-2-CON SULTANT INFORMATION_-. E
Nome of Consultant Email Phone Number
Tetra Tech Inc. james.00nzales@,tetratech inc 949-809-5223
Address cly Stale Zip
17885 Von Karrnan Avenue Irvine California 92614-6213
REGISTERED WELL DRILLER INFORMATION i (D
Number
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Name of Driser Phone
Cascade Drilling Services 909-931-4014 (D
Email C-57 License Number
ioconnor@cascade-env.com 1938110
Return well permit to [] Well Driller 0 Consultant Cl Property Owner Return by ❑ mail a Email
4-TYPE OF WORK
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0 New LMW-CN-2S.LMWZN-2D(nested) 0 Reconstruction 0 Destruction
Sten Data I Completion Dole
Date of Work June 5,2017 ISeptember 30,2017 Z
5-WELL TYPE Uj
--d Agriculture D Geothermal 0 industrial
0 Cathodic ❑ Horizontal Monitoring/Observation
0 Community/PWS/City-Specify Use Below ❑ Residential-cannot be used as a ❑ Test
community wall
Use: 0 Other
6-ANNULAR SEAL
Seal Depth(ft.)LMW-CN-2B:2-158 feet bgs(bentonfie-grout),LMW-CN-2D:231-483 feet bgs(bentonite-grout
* Driven Conductor Diameter(in) D Wall(gouge)(in.)
* Sealing Material Bentonite Grout 0 Thickness(in.)
Sealing material shall be placed in one continuous pour.Annular seal thickness must be at least 3 inches for public water supply wells.
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7-DIMENSIONS
PF-606iiab_e_pih of We—it Cit E xisting Depth of Well(It! Diameter of Bore(in)
230 and 505.respective NIA 15
8-CASING INSTALLED
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0 Steel 0 Plastic 0 Standard Casing 0 Other 0 No Casing E
From(fL) To ft.) Diameter(in.) Wall(Gauge) 16-
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0 230 4 0A7 <
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0 505 4 0.47
Gravel Pack N Yes 0 No From(k)158,483 To ft)231,505 .2
Specify Other From(ft.)N/A
Backfill Material
Page I of 2E
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9-PERFORATIONS(list all If applicable) _ ns
From(ft) 160 ,485To(ft) 230 505 Pumping Rate(gpm)N/A `— p
10-SEALED ZONES list all If applicable)_— r-
To
From(ft.) 231 To(h)) 483 A.-- - ---- 0
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11-PLOT PLAN
a) in perspective to the well site, sketch and label the following items on a separate paper: well lot property lines, other wells EL
16-
(include abandoned wells), sewage disposal systems(sewers, septic tanks, leaching fields, seepage pits, cesspools), lakes 0
and ponds,watercourses and animals or fowl kept U
b) Indicate the distance, in feet,of any of the above which are within 500 ft of the well site The plot plan needs to be drawn to cE
scale(%inch=100 feet) Show the approximate drainage pattern of the property and show access roads to the well site within e0
500 feet
c) ❑ None of the above is within 500 feet
d) Solid or Liquid Disposal Site within Two Miles ❑ Yes ❑ No Location Y
_ 12-METHOD OF CONSTRUCTION OR DESTRUCTION — 0
Provide the method of construction/destruction in the space below or as an attachment if more space is needed.The method shall be in -�
accordance with the standards recommended in the California Deparlmenl of Water Resources Bulletin No 74-81 and 74-90 Title 22
standards shall also be followed for public water supply wells 3
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- 13-AGREEMENT AND SIGNATURE N
I have read this application and agree to comply with all laws regulating the type of work being performed. aa)
Property Owner's �._.__— Die
Signature
PnnlProneny6_e-,1 .w-.�_—.- _. ._ .---------------_----- -
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C-57 Contractor's �/ r,,;, ,, Dale i
Signature /� 1211117
Pnni 0061180tor's Name
Don Win lewich
❑ Sent to Water Agency Permit NumberW
❑ Water Agency conditions or recommendations attached Expiration Date: — 1 U
❑ Denied WP Number:
❑ Approved subject to the following:
Notify the Division's Safe Drinking Water Prograrn at(800)442-2283 at least seventy two(72)hours in advance to make an inspection Q
A. ❑ of the following operations (Inspections are conducted Monday-Friday between 8,D0 AM to 5:00 PM) Failure to cancel or reschedule
appointments may result in an additional hourly fee
❑ Prior to seating of the annular space or filling of the conductor casing ea
❑ After installation of the surface protective slab and pumping equipment V
❑ After installation of the surface features y
❑ During destruction of wells,prior to pouring the sealing material t
Ad
B ❑ Submit to the Division,within thirty(30)days after completion of work,a copy of v
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❑ Water Well Driller's Report ❑ Bacterial Analysis ❑ Inorganic Chemical Analysis ❑ General Physical J
❑ Radiological Analysis ❑ Nitrate ❑ Organic Chemical Analysis g y ❑ General Mineral
Comments
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Fee FA Number Record t0 PE Number i 4)
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DesignatedEmpioyee Received By --- --- -.__._.- Date-��
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Late Fee ❑ Y ❑ N
Check One C1 New El Transfer El Reactivate Changes(please specify)
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