Authorization for Entry - Sewer Vapor Sampling – Stantec Consulting Services

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AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT, is made effective the 19 day of December , 2023, by and between the City of South Bend Board of Public Works ("City") having its offices located at 227 West Jefferson, IP Floor, County -City Building, South Bend, Indiana 46601 and Stantec Consulting Services Inc. ("Stantec") a for -profit, domestic company having a place of business at 5778 West 70 Street, Indianapolis, IN 46278. Stantec is in the business of performing environmental assessments and remediation of polluted sites for its clients; and WHEREAS, Stantec desires access to public property located within the public right-of- way at one (1) manhole at 608 North Hill Street, manhole at the intersection of South Bend Avenue one (1) and North Hill Street, and one (1) manhole at 613 South Bend Avenue for the purpose of conducting sewer vapor testing and the City is agreeable to such additional environmental remediation activities ("the Work"); and WHEREAS, the care, custody and control of City -owned property and the supervision of streets, public ways and sidewalks is vested in its Board of Public Works pursuant to I.C. 36-9-6, et seq.; and «+IEREAS-3 - amity; acting-b3L-and-i1 eu iis-I38ard-uf_Public _Wnrks,_is_ will -W rrrxci permit Stantec and its respective agents and consultants to gain access to the property identified herein subject to the following terms and conditions. NOW THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties restate and amend the Permit in its entirety as follows: 1. The City, acting by and through its Board of Public Works ("City") hereby grants to Stantec, its agents, contractors, employees and successors and assigns, a temporary, non- exclusive right on, in, across and under the property located within the public right-of-way of one (1) manhole at 608 North Hill Street, manhole at the intersection of South Bend Avenue one (1) and North Hill Street, and one (1) manhole at 613 South Bend Avenue ("Property") for the purposes of the investigation, surveying and sampling of sewer vapor. The City understands and acknowledges that the number of borings and/or monitoring wells reasonably necessary to accomplish the remediation activities may change over the term of this agreement and are further subject to direction from the Indiana Department of Environmental Management ("IDEM"). 2. Stantec will conduct sewer vapor sampling in a professional manner in accordance with state laws and regulations and shall keep interference with tfie surrounding _property and transportatimrta TM'ffritnwm, us-is-consistent-with-sueh s€and-ards. 3. If any improved or paved property is disturbed by the sewer vapor sampling, Stantec