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Home My WebLink AboutAuthorization for Entry - Asplundh Brush Control LLC - Access for I&M and Contractors for Retention Basion at W End of Calvert1316, COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD Sou-ni BENI.). INDIANA 46601-1830 CiTy OF SoLjTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 10, 2018 Ray Seaman Asplundh Brush Control, LLC 708 Blair Mill Road Willow Grove, PA 19090 RE: Authorization for Entry Dear Mr. Seaman: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on July 10, 2018, approved the above referenced agreement granting I&M and its contractors permission to travel through City - Owned land for a retention basin located at the west end of Calvert Street. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. Gii,o'r SUZANNA M. FRITZBERci E1..IZA[31sTti A. MARADIK Amy's A. MUE1,LER Ti-iERESE J. DORAU CITY OF SOUTH BEND, INDIANA AUTHORIZATION FOR ENTRY UPON AND THE'IEMPORARY USE OF PUBLIC PROPERTY LOCATED AT oravel Pit Property west of calvert st. THIS AGREEMENT is made effective the *_ day of '� � ��.�� , 20*/ , by the South City of South Bend Board of Public Works ("City") andAl l,�a ��g� �o�trfli Lac("Contractor"). RECITALS WFIEREAS, in accordance with IC'36-9W6 the care, custody and control of City owned property is vested in the City of South Bead Hoard of Public Works ("Board"); and West of Calvert St - WHEREAS, the City is the owner of certain property at * within the City of South Bend, Indiana, which property is more specifically described at Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, Contractor desires temporary access to the. Property for the purpose of Tree Clearing for I&M Project ("Activity"); and.......... Uescr•iplfrni o clivffl WHEREAS, the City is willing to permit Contractor and its agents to gain access to and temporary use of the Property subject to certain terms and conditions set forth in this Agreement. NOW, T]JEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties Agree as follows: I. The City grants to the Contractor, its agents, contractors and employees, a temporary non-exclusive right on, in and across the Property for the purpose of conducting the Activity described herein. This non-exclusive right to enter upon and use the Property for said Activity shall be at all reasonable times. 2. In consideration for authorization and approval by the City for the Contractor to enter upon. and use the Property in conducting, the Activity, the Contractor hereby agrees and undertakes to hold the; Civil City of South Bend, Indiana, and the South Bend Board of Public Worms, the agents, contractors, employees, successors and assigns of each, free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees, which the Civil City of South Band or the South Bend Board of Public Works may suffer or incur, as a result of any claims or actions which may be brought by any person or entity arising out of the approval granted herein by the City. If any action is brought against the City of South Bend or the South Bend Board of Public Works, the agents, contractors, employees, successors and assigns of each, because of the aforementioned Activity; the undersigned agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 3, The rights granted under this Agreement shall terminate without further action by the City upon the earlier of (i) *[DATY OR EVENT] or (ii) delivery of written notice from the City to the Contractor in care of * 7/31 Ift 124 N. Patterson St. ,Lebangn, IN 4GO52 onrraaor's Addre&t 4. To the extent that any portion of the Property is disturbed in connection with the exercises of the privileges granted under this Agreement., Contractor shall restore the Property to the same condition in which it was immediately prior to such disturbance to the satisfaction of the City. S. Contractor understands and agrees that. it will secure in its own name and at its own expense all necessary permits and authorizations needed in order to conduct the Activity. Contractor shall not, without the prior written consent of the City, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked or emitted in or about, or treated at the Property. 6. Contractor understands and agrees that it will, at its own expense, observe and comply with all present and future statutes, laws, ordinances, requirements, orders, rules and regulations of all governmental authorities. 7. Contractor, at its expense, shalt maintain during the term of this Agreement, commercial general liability insurance on the Property covering Contractor as the named insured and identifying the City of South Bend, hidiana and the South .Bend Board of Public Works as an „additional insured" with terms satisfactory to the City and with companies qualified to do business in the State of Indiana, for limits of not less than $700,000.00 for bodily injury, including death resulting therefrom, and personal injury for any one (1) person in any one (1) occurrence, $5,000,000.00 for such injuries for all persons for any one (1) occurrence, $1,000,000.00 property damage insurance, or a combined single limit in the amount of $6,000,000.00. Notwithstanding the foregoing, Contractor shall, at all times, maintain said general liability insurance naming the City of South Bend, Indiana and the South Bend Board of Public 'Works as an "additional insured" for bodily injury, including death resulting thereform and personal injury with limits sufficient to cover the City or the City's exposure to liability ,for said injuries, which amounts are set forth at Indiana Code § 34-13-34, as the same may be amended, superseded or recodif`ted. from time to time- 7- The undersigned person(s) signing on behalf of his/her respective Parties certify *. F-AccessTDI'ubl icYropeM;-BPw that he/she is duly authorized to bind his/her respective, Party to the terms hereof. IN WITNESS W11hR1,30F, file Parties have cacti executed (his Agreeryient as ot.'(fie date first written above. CITY OF SOUTH BENI), BOARD OVPUBLIC WORKS i-jary )tot, President I'--'Iizabeth Maradik, Member Therese orkill, m *CONTRACTOR NAME OF — ,decoRv® CERTIFICATE 4F LIABILITY INSURANCE .� DATE 7/6/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT:, If ttrr . certificate, holder is:an ADDITIONAL INSURED,'the, policy(ies)'musfhave. ADI])TIO.NAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVE% subject to, the terms!and conditions of the- policy,, certain policies: may require an endorsement, A statement on this certificate does not eonferrights to the certificate holder irr Lieu of such endorsement(s). PRODUCER Aor€.Risk'Services Central,;lnc- 'ADn,-Risl( Services Central,,lnc. Philadelphia PA Office 4 Overlook Point One Liberty Place, Suite 1000 Lincolnshire, IL 60069 Philadelphia, PA 19103 CONTACT E 215 255 2000 a No ; ADDRIESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Greenwich Insurance Company 22322 _ 4"SURED =1N8tJRER.B. XL Insurance America; Inc. 24554 Asplundh Br€.€sh Conlrel; LLC 708 Blair Mill Road INSURER C- INSURER D: WAlow Grove, PA 18U9D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER., 2145040132 REVISION NUMBER: 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, EXCLUSION&AND.CONDITIONS.OFSUCH POLICIES_- LIMITS SHOWN.MAY HAVE_BEEN.REDUCED BY.PAIDCLAIMS.; .. €NSR LTR TYPEOF INSURANCE POL€CYNUMBER MMIDONYYY mMimiyvYY LIMITS' A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE .a OCCUR RGD3001362 8/1/2017 8/1/2018 EACHOCCURRENCE $ 6,000,000 PREMf5GE8 a rrence C mmmm^^ 500,000 MED EXP (Any one person) $ Excluded PERSONAL & AOV INJURY $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEC �LOC POTHER GENERAL AGGREGATE $ 6.000,000 PRODUCTS -COMPIOPAGO $ 6,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED _ AUTO&ONLY AUTOS> HIRED NON -OWNED AUTOS ONLY AUTOS ONLY - RAD9437837 (AOS) RAD9437868 (VI) ��8 1<:2D1+- -8/112D18 O L I dt3nl. ;$ .6;000,;000 BODILY INJURY (Per person) $ BODILY INJURY (Per ace dent) $. PROPERTYDAMAGE Per a dden $ UMSRELLALIAB OCCUR GLAIMS•MADE EACHOCCURRENGE $ 4EXCESSLIAB AGGREGATE $ QED RErEVTION B. WORKERS. COMPENSATION AND E-M 7LOVERS' LIABIL€TY yIN ANY PROPRIETORWARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? [N] (Mam orjIW €!} II yes, dBscAbe under OESCRIPTION OF OPERATIONS below N 1 A RWD300135&(AOS) RWR3001359 (AK, AZ, OK, W€) 8.11I=7 81112A18 X Sp UTE OER� E.L. EACH ACCIDENT $ 1,DDD,DOO 'E;L.'DISFASE-'ENFMPLOYF ,$ 1,000,000 E.L. DISEASE- POLICY LIMIT 1,DDD,DDD $ DESCRIPTION.OE';DPERATIONSILOCAMONS]VEHICLES (ACORD1.fit,,Additional Remeft:Schedule, may basttached€fmarespace.isrequire4) Cily�of South Bend, Indiana and. the South Bend Buard,oi Public Works.are listed:as addilional insured,as required bywritten,agreamerll-butTmnty:aoogrding to policy terms, conditions and exclusions tar liability arising from operations performed by or on belTalt of the named insured. ChK i INGAI L HULUt_R GANUhLL,AI IUN City,of South Bend 227 West Jefferson Blvd:, Suite 1300 N.. South Bend, Indiana 46601 SHOULD. A,NY OFTHEAf3OVEDeSCRIBF.D POLICIES.BF-CANCF-LLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Aon Risk Services Central, Inc. O 1988-2016 ACORD CORPORATION. All rightsreserved. A001`10.25(2016103) . They[CORD namJe and logo arle°registered marks.ofACORD BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Julv 5, 2018 Name Carl Littrell Department DPW Engi Leering .. B,PW Date ._.-July 10, 2018 Phone Extension 9149 Legal Attorney Name Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing F-1 H Agreement F-1 Professional Services F-1 Bid Opening D Quote Opening F-1 Chg Order No. F-1 Ease./Encroach. Other: Permission to Enter Company or Vendor Name New Vendor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of ❑ ❑ H Contract 0 Amendment El Bid Award F] Quote Award n C/O & PCA No. E] Traffic Control liam 15.0170-TTAT4171 ri, F-1 Req. to Advertise [:] Title Sheet [:1 PGA F-1 Resolution F-1 Claim Indiana Michigan Power and Contractors /+-S1)/LtvLcU El Yes Fj If Yes, Approved by Purchasind 8e.LA.5v M No F1 MBE Nis Completed E-Verify Form Attached F-1WBE I&M Transmission Line N/A N/A Gives I&M and its Contractors p ermission to travel through land City owns for retention basin at west end of West Calvert Street. I&M needs to clear trees and brush from adjacent land, but is stvmied by ditches for direct access. Increase $ Decrease $ Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension: Copy Original 11 n El El