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Home My WebLink AboutAuthorization Agreement - Honeywell International Inc - Entry Authorization at Bendix Dr and Eclipse Place1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SO[ ITH BEND. INDIANA 46601-1 830 Chuck Geadelmann Honeywell International, Inc. 717 N. Bendix Drive South Bend, IN 46628 RE: Authorization Agreement Dear Mr. Geadelmann: 1865+ June 25, 2019 PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on June 25, 2019, approved the above referenced agreement authorizing entry upon public property for drilling and the installation of monitoring wells for environmental remediation purposes at Bendix Drive and Eclipse Place (Kennedy Park right-of-way). 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. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PUBLICBOARD OF 1316 COUNTY —CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601-1830 PHONE 574/235-9251 AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT is made effective the day of June 2019 ("Effective Date"), by and between the City of South Bend, Indiana ("City") acting by and through its Board of Public Works ("Board") and Honeywell International Inc., ("Honeywell") for the purpose of performing environmental assessments and remediation of polluted sites; 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 pursuant to I.C. 36-9-6, et seq.; and WHEREAS, Honeywell has engaged a contractor, Wood Environment and Infrastructure Solutions Inc. ("Wood"), to perform an environmental assessment, and Honeywell desires that Wood have access to certain public property located within the public right-of-way at Kennedy Park near the intersection of North Bendix Drive and Eclipse Place, as set forth on the attached Figure 1 ("Property") for the purpose of drilling three (3) borings for a probe of soil and/or water samples and the installation of a monitoring well, and the City is agreeable to such additional environmental remediation activities ("Work"); and WHEREAS, the City, acting by and through the Board, is willing to permit Honeywell and/or its contractor, Wood, and their respective agents and consultants, to gain access to the Property, subject to the following terms and conditions. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The City hereby grants to Honeywell and Wood and their respective agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the Property for the purposes of the investigation, surveying and sampling of soils and improvements including drilling borings for a probe of soil and/or water samples and installation of monitoring wells. 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. Wood, acting on behalf of Honeywell, will drill and install the wells and Honeywell will ensure that Wood acts at all times in a professional manner in accordance with state laws and regulations and keeps interference with the surrounding property and transportation to a minimum, as is consistent with such standards. 3. If any improved or paved property is disturbed by the drilling or installation of the wells, Honeywell shall restore or cause to be restored said property to its original state or better as soon as practical upon the completion of the installation of the wells. 4. The work to be performed shall not interfere with any existing easement without the express consent of the owner of said easement. 5. In consideration for the approval of this Agreement by the City, Honeywell, on behalf of itself and its contractors (including but not limited to Wood), agents, employees, successors and assigns, agrees and undertakes to hold the City and Board, and their respective members, officials, employees, and agents, free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees caused by the Work, which the City or the Board may suffer or occurs as the result of any claims or actions that may be brought by a person arising out of the approval of this request by the Board. 6. Honeywell shall, and shall cause Wood to, abide by all laws of the United States, State of Indiana, and City in performing the work in the City. Honeywell shall, or shall cause Wood on behalf of Honeywell to, submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7. This authority is limited to the scope of work described on Figure 1, attached hereto and incorporated herein. 8. The monitoring wells shall be properly abandoned not later than 10 years unless otherwise agreed by the City in writing or as otherwise directed by IDEM. After abandonment of the wells, Honeywell shall restore or shall cause to be restored the property in the right-of-way to its original state or better within thirty (30) days. 9. Prior to any entry on the land, Honeywell shall cause Wood to deliver to the Clerk of the Board a Certificate of Insurance listing the City as an additional insured, which insurance shall be in the amount of Five Million Dollars ($5,000,000) aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. Honeywell has caused Wood to post a $15,000 ($5,000 per well) performance bond in connection with the Work. 10. When Honeywell notifies the Board that the monitoring wells have been removed, the City Engineer, or her designee, will inspect the Property and, if satisfied that there has been compliance with Paragraph 8 of this document, the bond and insurance may be cancelled. 11. In further consideration for the approval by the Board of this Agreement, Honeywell shall, or shall cause Wood to, provide the City with an annual fact sheet summarizing the testing performed and the resulting findings including, but not limited to, a listing of contaminates of The undersigned parties have executed this Agreement as of the Effective Date set forth above. BOARD OF PUBLIC WO IDS Me. Gary A. Gilot, President Genevieve E. Miller, Member het•ese JO rau, Mete cr ., Elizabeth A. Maiadik, Member Laura O'Sullivan, Membe r ATTEST: Lt Ida M. Martin, Clerk The undersigned person represents that he/she has authority, on behalf of Honeywell, to execute this Agreement and acknowledges Honeywell's obligations to indemnify and hold harmless the City and the Board, as set forth herein. WlT NES '' Signature oftt'" l� Lpio t'"` Printed Name and Title HONEYWELL INTERNATIONAL, INC. By: Signature &vci< GcJe nn�v, l m o.�.vrf M-0ty, � �Yp� Printed Name and Title LONNA R FALKNOR mry Notary Public / Minnesota , My Comm. Expires concern, the extent of such contaminates and the direction of any contamination that is determined to be migrating to or away from the testing area. Such annual summary shall be submitted on or before December 1" of each year during the life of this Agreement and delivered to the Executive Director of Public Works, 227 West Jefferson, 13th Floor, County -City Building, South Bend, Indiana 46601. Further, Honeywell agrees that upon the request of the City, Honeywell shall make available to the City the results of the testing. Such access shall be granted at a reasonable place and time. 12. Honeywell shall, or shall cause Wood on its behalf to, apply to the City's Engineering Office for an excavation permit and shall pay the appropriate fee for said permit. 13. This Agreement shall be governed by the laws of the State of Indiana, and any action to enforce any of the terms of this Agreement shall be brought in the courts of St. Joseph County, Indiana. [SIGNATURE PAGE ATTACHED] BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/17/19._._...... �......................... Department Public Name.....................................................S.cott Kr'eeger _.........._ � Works .............................._ BPW Date 06/25/19 Phone Extension 9245 �Wdtdglv.- �mur r i�un �... ... n,, wum�m v .wwrewtim„ »xmm� umunn wrva�sen�wrm ��wamar vrewax " " rcm�isvrmi�v k..., _......�____�..._� .,�„� ...... .....W.. ................ ............. ,.a ,.. ....... �........ lie u d Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney F] Attorney Name Purchasing ❑ Michael Schmidt .......... Check the AppKopri to Item I pe _ Require ewrl iy- All Submissions ❑ Professional Services Agreement [❑ Contract 0 Open Market Contract ❑ Amendment/Addendum E] Bid Opening El Bid Award Quote Opening [l Quote Award [ Proposal Opening ❑ C/O & PCA No. Chg. Order, No. ❑ Traffic Control 0 Other: Agreement Re uici red Information IH Proposal [❑ Special Purchase, QPA El Req. to Advertise [] Reject Bids/Quotes 0 PCA Resolution 0 Ease./Encroach ❑ Title Sheet Company or Vendor Name Honc A�v ! [ International Inc. New Vendor Yes❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor MBE Completed E-Verify Form Attached Nos Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Agreement authorizing,the entry uaa lte�roperty for the drill.ing a t installation of monitoring wells for environmental remediation purposes at Beiidix Dr. Soutly Bend IN, .......... ........... For Change Orders only Amount of Increase $ Decrease ($ Previous Amount $ Increase..............................................%....................................... ......�� ww�_.....__m.,,..............................................--------------- .........P _ Current Percent of Change: Decrease 0/0 ---..�.. �._ ._... New Amount Increase _ .......... ........� ��.......................................... ..... % Total Percent of Change: Decrease %) Time Extension Amount: New Completion Date: