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HomeMy WebLinkAboutAuthorization for Entry Agreement - Authorizing Entry at 3706 W. Western Ave. for Drilling – Roger L. Corner1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 28, 2020 Mr. Roger L. Corner 3706 W. Western Ave. South Bend, IN 46619 RE: Authorization for Entry Agreement Dear Mr. Corner: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on July 28, 2020, approved the above referenced agreement for authorizing entry at 3706 W. Western Ave. for drilling purposes and revocable permit for environmental remediation. 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 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS 1316 COUNTY-C(TY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 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 28th. day of July, 2020 ("Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works ("Board") (collectively referred to herein as the "City"), and Roger L. Corner ("Corner"), for the purpose of performing certain enviromnental investigations and remedial work relating to real property located at 3706 West Western Avenue, South Bend, Indiana ("the Site"); 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, Corner, via his insurers, has engaged a contractor, ECC Horizon, Inc. ("ECC"), to perform environmental investigative and remedial work relating to the Site, and Corner desires that ECC have access to certain public property located within the public right-of-way near the intersection of South Wellington Street and West Western Avenue, as set forth on the attached Figure 1 ("the Property") for the purpose of drilling five (5) borings for a probe of soil and/or water samples and installation of soil gas or groundwater monitoring wells and the City is agreeable to such additional environmental remediation activities ("the Work"); and WHEREAS, the City, acting by and through its Board, is willing to permit Corner and/or his contractor, ECC, and their respective agents, subcontractors, 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: I. The City hereby grants to Corner, ECC, and their respective agents, contractors, consultants, 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 soil gas and/or groundwater monitoring wells defined herein as the Work. The City understands and acknowledges that the number of borings and/or soil gas and/or groundwater monitoring wells reasonably necessary to accomplish the remediation activities may change over the term of this 1 Agreement and are further subject to direction from the Indiana Department of Environmental Management CIDEM"). 2. ECC, acting on behalf of Corner, will drill and install the wells and Corner will ensure that ECC acts at all times in a professional manner in accordance with applicable state laws and regulations, and keeps interference with the surrounding property(ies) and transportation to a minimum, as is consistent with such laws and regulations. 3. If any improved or paved property feature is disturbed by the Work, ECC Horizon, on behalf of Corner, 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 written consent of the owner of said easement; 5. In consideration of the approval of this Agreement by the City, Corner, on behalf of himself and his contractors (including but not limited to ECC), agents, employees, successors and assigns, agrees and undertakes to defend, indemnify, and hold harmless the City and its officials, employees, and agents from any and all claims, liability, losses, costs, damages or expenses, including reasonable costs and attorney's fees, arising from or related to the Work performed under this Agreement which the City may suffer. 6. Corner shall, and shall cause ECC, to abide by all applicable laws of the United States, State of Indiana, and City in performing the Work. Corner shall, or shall cause ECC on behalf of Corner, to submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7. The authority granted to Corner (and ECC and its contractors, agents, consultants and employees) under this Agreement is limited to the scope of Work described herein, as amended, and as shown on Figure 1 attached hereto and incorporated herein. 8. The soil gas and/or groundwater monitoring wells installed on City property under this Agreement shall be properly abandoned not later than 10 years from date of installation, unless otherwise agreed to by the City in writing or as otherwise directed by IDEM. After abandonment of the wells, Corner shall restore or shall cause to be restored the Property -to its original state or better within thirty (30) days. 9. Prior to any entry on the Property to perform the Work, Corner shall cause ECC to deliver to the Clerk of the Board of Public Works a Certificate of Insurance for commercial general liability insurance, listing the City as an additional insured, which insurance shall be in an amount not less than One Million Dollars ($1,000,000) aggregate and One Million Dollars ($1,000,000) per occurrence. Corner has caused ECC to post a performance bond in the amount of $ 5,000 (i.e., $1,000 per well and gas boring) in connection with the Work. The amount of the performance bond shall be increased on a $1,000 per well basis with the subsequent increase of the number of wells installed on the Property. N 10. When Corner (or ECC on his behalf)notifies the City, which i n c I u d e s t h e Board of Public Works, that the wells have been removed, the City Engineer, or her designee, will inspect the Property and, if satisfied that there has been compliance with Section 8 of this Agreement, the bond and insurance may be cancelled. 11. In further consideration for the approval by the City of this Agreement, Corner shall, or shall cause ECC, to provide the City a copy of the documentation submitted to IDEM containing the results of the sampling or testing performed at the Work locations on the Property, an annual fact sheet summarizing the testing performed, and the resulting findings including, but not Iimited to, a listing of contaminants of concern, the extent of such contaminants and the direction of any contamination that is determined to be migrating to or away from the testing area. Such documentation shall be submitted to the attention of the City Engineer, C. i t y o f S o u t h B e n d , 227 West Jefferson, 13t' Floor, County -City Building, South Bend, Indiana 46601. 12. Corner shall, or shall cause ECC 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. [Signatures on following page] 3 BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: ern is ra72) r Linda M. Martin, Clerk The undersigned person represents that he/she has authority to execute this Agreement and acknowledges his obligations as set forth herein. Signatyl e V ,.oger L.lCorner, u owner of ,v , 51 VNVIONI `ON38 Hln0S 3nN3AV NN31S3M 'M 90L£ NanaOH m o z AN0Nl1Vl AV01lOH 3NIHSNl1S ✓w°°"0�G of S-LNV -UYlY SVJ 7IOS ONV S7aM DAM40-UNOPV AVM---40--1H0lU a438 HUM =tO AM 43SO I a � � _15cz 'o - _ _ d _ - w _ CD - o m o o c �, L 5 oo N s a G ` w m LL O s v m o o d E LE E C7 - m 3 Q m N m o s :° E C7 a L c o? ... m U U m � in ! �O d sm I °w `o Q TM I I a P? oOM Q Q Q m LO 't 11 11 'V... ! �/�11❑gy�p� /1'1� LJ ______ ______� ....... � .................� ... ...... ......... . . ... ............ ............................................. ...... .............................. ........................................................... ......... ....... Q �O - L N C O J. o Q o Q ............... ......... 00 ......S.ZN . _ W ......... l... .. ..... ......... 10 �.... C'i .........C..............Z......... ................. .......................... ...............)........... ........................... ........... CV L ------ ------ S WELLING ON STREET S WELLINGTON STREET M M W gg7 —� — W W -- WMIS W I �► Odd LU p C J W 0 D O N¢ N J C 06 W > Z Z W a .� N Z ._ W N H � Z ,� W 0 (n W ........ ......... ....... ........ W Z ......... ....... V 0 Un N p 0 9 — U) W = W �11 a0 (n v (n W W U U) �j �p� mow v wLU o l� �.M r m NI (D o 0 ...... ALLEY ui D TT7 ........................ z ui ....................... N c op Z U) o � Un� O 7 Wv 3: W Nopw p w Y3� p ......................... < � W (h BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 7/21/2020 Department Name Charlotte Brach Engineering BPW Date 7/28/2020 Phone Extension 9246 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — All Submissions U Professional Services Agreement U Contract U Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ® Other: Authorization for ❑ Ease./Encroach Entry Agreement Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information Roger L. Corner ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes ❑ 3706 West Western Avenue Purpose/Description Agreement authorizing entry upon public property for drilling purposes and revocable permit for environmental remediation purposes with Roger L. Corner, for property located at 3706 West Western Avenue. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: