Loading...
HomeMy WebLinkAboutConsent to Access Public Right-of-Way Agreement - Enter Property at Biosolids Lagoon No. 4 - St. Joe County Board of Commisssions1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 26, 2020 Jessica J. Clark, P.E. St. Joseph County Board of Commissioners Lcirldallaa c l-n RE: Consent to Access Public Right -of -Way License Agreement Dear Ms. Clark: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on May 26, 2020, approved the above referenced agreement that grants the City the right to enter the property adjacent to the Organic Resource Facility to conduct an environmental assessment and install groundwater monitoring wells. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Linda Martin FROM: Andrea Alexander SUBJECT: Consent to Access Public Right -of -Way License Agreement DATE: May 18, 2020 Due to the Agreed Order Case Nos. B-1645 and SW-237 a Closure/Post Closure plan for Biosolids Lagoon No. 4 was submitted and approved by IDEM. The Plan includes requirements for groundwater monitoring. As part or required monitoring, elevated levels of Nitrate have been found at a monitoring well on the boundary. We are working with IDEM to determine the extent of the elevated levels. The Well Installation Proposal developed by Keramida, Inc., proposes the installation of an additional monitoring well off -site. An additional monitoring well is proposed to be installed on the County property adjacent to the Organic Resource Facility. TWO copies of the attached Access Agreement with the County need to be signed to complete this work. DocuSign Envelope ID: 423FBBFF-580A-4FB2-89E2-BBFPC23EFCEC JOHN R. MCNAMARA, P.E., L,S, county Surveyor JEWCAJ, CLARK, P,E, County Elyineer WILLIAM $-SCHALUCIL, ESQ, executive Dir, of eronamtc Development LAWRENCE P. MAGLIOZZI Executive Mr. o%Area Plan ComraNstan ST. -TOSEPH COUNTY ESTABLISHED 1830 DEPARTMENT OF INFRASTRUCTURE, PLANNING & GROWTH May 20, 2020 Board of Commissioners of St. Joseph County, Indiana 227 W. Jefferson Blvd., Room 722 South Bend, Indiana 4660.1 BOARD OF COMMISSIONERS ANDREW T. KOSTIELNEY Dlstrictl DAVE THOMAS District 2 DMORAH A. FLEMING, D.M.D. District 3 Subject: RE VEST TO APPROVE INDEMNITY & CONSENTTO ENCROACHMENT AGREEMENT FOR 4141 WEST LATHROP (COUNTY OWNED PROPERTY Dear Commissioners: Submitted herewith, for your consideration, is an "Indemnity & Consent to Encroachment Agreement„ to permit the City of South Bend and their contractor the right to enter County -owned property and Install a monitoring well. The well is necessary to track the flow of groundwater and its constituents as it relates to the adjacent South Bend Organic Resource site. The encroachment does not interfere with the public's health, safety, or general welfare. The agreement further states the owner agrees to indemnify St. Joseph County from any maintenance responsibilities, liability, loss or damage, and hold the County harmless as a result of claims or demands from any act or Injury to the property not caused by the County. it further requires the City of South Bend to remove the well upon completion of the monitoring project. The agreement uses a standard format approved by legal counsel. We recommend you approve the "Indemnity & Consent to Encroachment Agreement" as outlined in the attached document, u- -- ---- -------_­ =. I-,,, BOARD OF COMMISSIONERS OF THE f �_ COUNTY OF ST, JOSEPH, INDIANA "F 1 muSJgnedby; Jessica J. Clark, P,E. County Engineer uN?Karsiielney, President r,_ aJc:jjC De ra Fleming, D.M.D., Vic Pre nt Enclosure PLANNING AND ZONING l PUBLIC WORKS I SURVEYOR I DRAINAGE I ENVIRONMENTAL I ECONOMIC DEVELOPMENT 227 W. Jefferson Blvd. 17th FL I South Bend, IN 46601 P: (574) 235-7800 1 F; (574) 235-5057 DocuSign Envelope ID: 423FBBFF-58OA-4FB2-89B2-BBF9C23EFCEC I CONSENT TO ACCESS PUBLIC RIGHT -OF" -WAY LICENSE AGREEMENT' THIS LICENSE AGREEMENT ("License Agreement"), is entered into this day of , 2020 by and between ST, JOSEPH COUNTY, INDIANA BOARD OF COMMISSIONERS ("Owner") and The City ofS©uth Bend (City. Owner grants to the C1dY a right to enter upon property of Owner, said property as shown on attached Figure 1, in order to conduct: an environmental assessment, This License Agreement is made subject to the conditions set forth below; 1. GRANT OF _LICENSE Owner grants to the Cka license to enter upon the property, whose location and address is depicted on attached Figure 1, for the purpose described as follows; • Collect soil and groundwater samples utilizing drill rig or equivalent methods • install and sample groundwater monitor wells as needed to determine groundwater conditions. • Install and abandonment of temporary soil gas sampling points 2. TERM OF LICENSE AGREEMENT The license herein granted shall be effective on the date first above written and shall continue in effect until the earliest of the following events: 2.1 The date by which the Qt completes its assessments, or 2,2 Sixty days after the Indiana Department of Environmental Management approves the removal of monitoring well(s) and well(s) is properly abandoned at the conclusion of the project. -- - --- ---_- 3, TERMINATION=-- This -License -Agreement-shall _ terminate and -the QY fights __shall --=- - --- --_ -_ cease upon the expiration of the terms of this License Agreement as set forth in Paragraph 2, On or before the termination, the CV.shall enter said property and remove any and all equipment installed or otherwise used on the property and shall restore the property to the condition in which it existed prior to the signing of this License Agreement. 4. INDEMNITY the go, will indemnify and hold harmless Owner from all actions, claims, demands, liabilities, and damages which may be imposed on or incurred by Owner as consequence of any act or omission on the part of the City in the exercise of its rights under this License Agreement. Owner will not incur any expense for the any liability of responsibility to the�X for any cos s associa e wt e install-ation and monitoring of the well(s) including adequate maintenance of traffic during installation or monitoring activities, } i DocuSign Envelope ID: 423FBBFF-580A-4FB2-89E2-BBF9C23EFGEC 5. RIGHT TO REMOVE The CU shall have the right to remove from below ground level, samples of soil and groundwater during the term of the License Agreement. Any samples of soil or groundwater so removed shall be the sole property of the Vit and shall be properly disposed, 6. RISK Ole LOSS The License Agreement is an accommodation given to the CgE who agrees to exercise those privileges at its own risk. 7. TEST DATA Any test results gathered from the Property as a result of this License Agreement will be provided to the Owner -upon written request by the Owner, $, GOVERNING LAW The law of the State of Indiana shall apply to the interpretation of this License Agreement and to the resolution of any disputes arising out of the matter set forth herein, IN WITNESS WHEREOF, the parties hereto have executed the 'License Agreement at thew respective locations the day and year first above written. OWNER oocustgned by: AMd��s6elney- District l Coinmissioner Dave Thomas- District 11 Commissioner BOARD OF PTTBLIC WORKS '430— � Gary A. Gilot, President Elizabeth A. Maradik, Member 'Therese J. Doran, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �ifr�/a Gilar7irr Linda M. Martin, Clerk SCALE; 0 125' 250' Project: South Bend Closed Biosolids Landfill St. Joseph County, Indiana RA 11m R"Ummas GLOBAL EHS & SoenUrtuanrrr SmcvMM9 Drawn By: X. Xiong Project Number: 19253 Approved By: B,W,/F,J Date: April 27, 2020 V File No, Well Location Figure 7 Proposed Soil Boring and Monitoring Well Location Map BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date May 18, 2020 Department Name Andrea Alexander Wastewater BPW Date MaV 26 2020 Phone Extension 5813 � � �u omomowoamwom ru��mmmm. ........... .,�.... ..............._._ .__ .....�.........._.... _....__ Reviewuand A�rval R r�i�°el Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ZI Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing [.� .���..___.�................ Check the Adpr ovr ale Item 'I vne — eauir ,� F] Professional Services Agreement FIContract EJ Open Market Contract ❑ Amendment/Addendum ❑ Bid Opening ❑ Bid Award ❑ Quote Opening ❑ Quote Award Proposal Opening ❑ C/O & PCA No. Chg. Order, No. ❑ Traffic Control Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions LJ Proposal E] Special Purchase, QPA Req. to Advertise E] Reject Bids/Quotes E] PCA Resolution Ease./Encroach ❑ Title Sheei St. Joseph Comtinty,mmIndiana Yes❑ If Yes, Approved by Purchasing No MBE Completed E-Verify Form Attached � Yes F] WBE F-1 No To comply with Agreed Order Case Nos. B-1645 & SW-237 and subsequei Post Closure Plan regarding the Closed Biosolids landfill at the Organic Resource Facility, a new groundwater monitoring well is proposed to be installed on the adjacent County property. Please return two s 1p s of the For Chatige Orders Oily Amount of E] $ Decrease .................. Increase $ Previous Amount $ Increase _...m%.... Current Percent of Change: Decrease ( %) New Amount $ Increasem mmmmmmm % Total Percent of Change: Decrease ( %)