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HomeMy WebLinkAboutAuthorization for Entry Agreement - Drilling Purposes at 3520 Westmoor St. for Environmental Remediation - Honeywell Int. Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 24, 2020 Mr. Matt Valentine Honeywell International Inc. 3520 Westmoor St. South Bend, IN 46628 mvalentine(cr�,woodardcurran. com RE: Authorization for Entry Agreement Dear Mr. Valentine: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 24, 2020, approved the above referenced Agreement for Drilling and Revocable Permit at 3520 Westmoor St. 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 �llTH g O`O CITY OF SOUTH BEND DAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS w a Pe cE 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD 123'5 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 4th day of November 2020, by and between the City of South Bend, Indiana, by and through its Board of Public Works (collectively referred to herein as the "City") having its offices located at 227 West Jefferson, 131' Floor, County -City Building, South Bend, Indiana 46601 and Honeywell International Inc., ("Honeywell') for the purpose of performing pilot study remediation activities relating to real property located downgradient of the Honeywell Industrial Complex (the "Site") located at 3520 Westmoor Street, South Bend, Indiana (Figure 1). 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 WHEREAS, Honeywell has engaged a contractor, Woodard & Curran, Inc., to perform pilot study remediation activities relating to the Site, and Honeywell desires that Woodard & Curran have access to certain public property located within the public right-of-way at Kennedy Park near the intersection of North Meade Street and Longley Avenues set forth on the attached Figure I (the "Property") for the purpose of completing pilot study remediation activities including groundwater sampling through direct -push technology (DPT, Geoprobe or equivalent) and the injection of remedial amendments into the subsurface (the "Work"); and WHEREAS, the City is willing to permit Honeywell and/or its contractor, Woodard & Curran, 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 mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The City hereby grants to Honeywell and Woodard & Curran and their agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the Property for the purposes of the completing pilot study remediation activities. The City understands and acknowledges that the number of borings 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. Woodard & Curran, acting on behalf of Honeywell, will advance the borings and conduct the injection activities in a professional manner in accordance with applicable state laws and regulations, and shall keep 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 Work, Honeywell shall restore or cause to be restored said property to its original state or better as practical upon the completion of the pilot study activities. 4. The work to be performed shall not interfere with any existing easement without the 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 Woodard & Curran), agents, employees, successors and assigns, agrees and undertakes to defend, indemnify, and hold harmless the City 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. Honeywell shall, and shall cause Woodard & Curran to, abide by all applicable laws of the United States, State of Indiana, and the City in performing the Work. Honeywell shall, or shall cause Woodard & Curran on its behalf, to submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7. The authority granted to Honeywell, its contractor Woodard & Curran, any other agents, consultants and employees, under this Agreement is limited to the scope of work described herein, as shown on Figure 1 attached hereto and incorporated herein. 8. The borings associated with the pilot study activities shall be properly abandoned not later than one year after a No Further Action (NFA) letter has been issued by IDEM unless otherwise agreed to by the City in writing or as otherwise directed by IDEM. After abandonment of the wells, Honeywell shall cause the property in the right-of-way to be restored to its original state or better within thirty (30) days. 9. Prior to any entry on the Property to perform the Work, Honeywell shall cause Woodard & Curran 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 the amount of not less than Two Million Dollars ($2,000,000) in the aggregate and One Million Dollars ($1,000,000) per occurrence. Honeywell has caused Woodard & Curran, to post a One Thousand Dollar ($1,000.00) performance bond in connection with the Work. 10. When Honeywell notifies the Board that the pilot study work has been completed, 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 of this Agreement by the City, Honeywell shall, or shall cause Woodard & Curran 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 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 annual summary shall be submitted on or before December I' of each year during the term of this Agreement and delivered to the Director of Public Works, 227 West Jefferson, 13`b Floor, County -City Building, South Bend, Indiana 46601. Further, Honeywell agrees that, upon the request of the City, it shall make available to the City the results of any other testing at the Site. Such access shall be granted at a reasonable place and time. 12. It is also agreed that Honeywell shall, or its Contractor, Woodard & Curran, on its behalf, shall apply to the City's Engineering Division for an excavation permit and shall pay the appropriate fee for said permit if one is found to be necessary based on the Work. 13. This Agreement shall be governed by the laws of the State of Indiana. [Signatures on following page] BOARD OF PUBLIC WORKS Gary A. Gilot, President n ' Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �rrida G4TarZirz Linda M. Martin, Clerk The undersigned person represents that he/she has authority on behalf of Honeywell to execute this Agreement and acknowledges its obligations to indemnify and hold harmless the City of South Bend as set forth in this Agreement. HONEYWELL INTERNATIONAL, INC. Ch nn (Nov 5, 2020 07:50 CST) Signature Chuck Geadelmann, Corporate Remediation Manager Printed Name and Title PARKING LOT- 168 CARS • o MW-9 • qa WEST WESTMOOR STREET PARKING LOT- 54 CARS RESIDENTIAL S20 SEb % • • S27 w s m d m 6 1. a 15 RESIDENTIAL • GZ / ou /3:W j f ® • $ M LONGLEY AVENJE CD o WB16 PPRKING LOT- Z J (n =I 96 CARS RESI➢ENTIAL 0 50 100 Z S8 Feet Q O PLANT z Pn ~ S14 RESIDENTIAL N �+P� W Z Q J m N PARKING LOT-144 CARS CL 3 0 o 26 24 N ROGERs Ts EET S27 GATE PING r m LOT- RESIDENTIAL 64 CARS S10 ALLEY a KENNEDY PAR PROPOS PHASE II INJECTION AREA W O Z CL J W W m PARKING LOT-l82 CARS h � m 1 0 2 RW BLDG 501 EW-2 EW-1 D8 S16 S28 ERTRANO STREET Z - — — -- �¢ a oz z ¢ _O J p � ¢ Z PLANT 9 z - J8- EW-4 6-115 o z �m MW- z PLANT 1 J J 3 30 LEGEND w } w SS z z o 0 Shallow Monitoring Well Location * Proposed Baseline and Performance Monitoring Locations = _ 0 250 500 Total VOC Concentration in Groundwater Proposed Performance Monitoring Locations Feet Sample Collected in December 2006 Intermediate Monitoring Well Plume stop/BDI (33 injection points) JOB N0: 02308'0 HRC (25 application points) DATE:NOVEMBER' 2020 MAP SOURCE: RWB16 * Groundwater Extraction Well Location SCALE: AS SHOWN FIGURE 1 SITE FEATURES MAP — MACTEC, PILOT TEST WORK PLAN, 2007 XREFS: IMAGES: WOOD&CU-01 VSANTOSUOSSO , 111. 0 CERTIFICATE OF LIABILITY INSURANCE �� DATE1/3/2D/YYYY) 11 /3/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATI ELY 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 the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, No, Ext): (617) 328-6555 (A///C, No):(617) 328-6888 Ames & Gough 859 Willard Street Suite 320 ADDRESS: boston@amesgough.com Quincy, MA 02169 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company CNA) A XV 20443 INSURED INSURER B : Continental Insurance Company A XV 35289 INSURER C : Woodard & Curran, Inc. INSURER D : 41 Hutchins Drive Portland, ME 04102 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: RE ISION 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 6014561812 2/23/2020 2/23/2021 EA H O RR NCE $ 1,000,000 DAMAG TO RENTED PREMISES Ea occurrence 500,000 $ MED EXP (Any oneperson) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ] PRO- ❑X LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE ent Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 6014561826 2/23/2020 2/23/2021 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N NY PROPRIE OR PARTNER/EXEC IVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) If Al box is checked, GL Endorsement Form# CNA75079XX, Auto Endt Form# SCA23500D to the extent provided therein applies and all coverages are in accordance with the policy terms and conditions. City of South Bend shall be included as additional insured with respects to General and Umbrella Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Director of Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13th Floor, County -City Building 227 W. Jefferson Boulevard AUTHORIZED REPRESENTATIVE South Bend, IN 46601 �4� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMPLIANCE BOND BOND NO. SU38693 KNOW ALL MEN BY THESE PRESENTS That we, Woodard & Curran, Inc. of 41 Hutchins Drive Portland ME 04102 (hereinafter called the Principal) as Principal, and Aspen American Insurance Company a TX corporation with principal offices at 175 Capital Boulevard, Suite 300, Rocky Hill CT 06067 (hereinafter called the Surety) as Surety, are held and firmly bound unto City of South Bend (hereinafter called the Obligee), in the penal sum of$1, 000.00 One Thousand Dollars and 00/100 Dollars, for the payment of which well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this 4th day of November, 2020 WHEREAS, the said Pripej alE]nas tna e pr�s about �o itnake application to said Obligee Au on ng ntry poi ublic roperty for ril ing for (a license as) (a permit to) Purposes and Revocable Permit for Environmental Remediation Purposes for a term beginning on November 10, 2020 and ending on November 10, 2021 NOW, THEREFORE, If the Principal shall indemnify the Obligee against any loss directly arising by reason of the failure of said Principal to comply with the laws or ordinance under which such license or permit is granted, or any lawful rules or regulations pertaining thereto, then this obligation shall be void; otherwise to be and remain in fu11 farce and effect. PROVIDED, HOWEVER, AND UPON THE FOLLOWING EXPRESS CONDITIONS: I. This bond shall be and remain in full force during the term of said license unless cancelled in accordance with paragraph 2 below; but if said license or permit was issued for a term of one year or any other specific term, and said license or permit is renewed for one or more specific terms, this bond shall be and is hereby extended to cover during such additional term or terms. In no event, however shall the liability of the Surety be cumulative from one year to year or from period to period, nor exceed the penal sum written in the first paragraph of this bond. 2. The Surety shall have the right to terminate its liability hereunder by notifying "r writing to Board of Public Works, 1316 Coun -Ci Building, 227 W. Jefferson Blvd., South Bend, IN 46601-1830 fen days in advance of its intention as to do. Woodard && Curran, Inc. By: 6 .�...— &�z Aspen American Insurance Company Christine E. Watson Attorney -in -Fact �N ASPEN Aspen American Insurance Company 175 Capital Boulevard, Rocky Dill, CT 06067 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, THAT Aspen American Insurance Company, a corporation duly organized under the laws of the State of Texas, and having its principal offices in Rocky Hill, Connecticut, (hereinafter the "Company") does hereby make, constitute and appoint: Blair E. Torelli; Michelle V. Orlando; Michael A. Viner; Christine E. Watson; Deron K. Treadwell; Eric R. Toothaker; Marjorie J. Schmieks of Cross Surety Inc. its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge on behalf of the Company, at any place within the United States, the following instrunnent(s) by his/her sole signature and act: any and all bonds, recognizances, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto, and to bind the Company thereby as fully and to the saute extent as if the same were signed by the duly authorized officers of the Company. All acts of said Attomey(s)-in-Fact done pursuant to the authority herein given are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7, 2011, which Resolutions are now in full force and effect; VOTED: All Executive Officers of the Company (including the President, any Executive, Senior or Assistant Vice President, any Vice President, any Treasurer, Assistant Treasurer, or Secretary or Assistant Secretary) may appoint Attomeys-in-Fact to act for and on behalfof the Company to sign with the Company�s name and seal with the Company's seal, bonds, recognizances, and other writings obligatory in the nature ofa bond, recognizance, or conditional undertaking, and any of said Executive Officers at any time may remove any such appointee and revoke the power given him or her. VOTED: The foregoing authority for certain classes of officers of the Company to appoint Attomeys-in-Fact by virtue of a Power of Attorney to sign and seal bonds, recognizances, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking; as well as to revoke any such Power of Attomey, is hereby granted specifically to the following individual officers ofAspen Specialty Insurance Management, Inc.: fichael Toppi, Executive Vice President, Scott Sadowsky, Senior Vice President, Itevin W. Gillen, Senior Vice President, Mathew Raino, Senior Vice President, Ryan Field, Senior Vice President; Timothy P. Griffin, Vice President, Keith Flannery, Vice President, Mary Durosko, Vice President, Frank Campiglia, Vice President and Ray Philippon, Assistant Vice President. This Power of Attorney may be signed and sealed by facsimile (mechanical or printed) under and by authority of the following Resolution voted by the Boards of Directors of Aspen American Insurance Company, which Resolution is now in full force and effect: VOTED: That the signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Power of Attorney for purposes only of executing and attesting bonds and undertakings and other writings obligatory in die nature thereof, and any and all consents incident thereto, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company. Any such power so executed and certified by such facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking so executed. IN WITNESS WHEREOF, Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 8th day of April, 2019. Asp e Am can Insu ance Company STATE OF CONNECTICUT SS. ROCKY HILL r i COUNTY OF HARTFORD R _ hilip n, Xssistant Vice President On this e day of April 2019, before me personally came Ray Philippon, Assistant Vice President to me known, who being by me duly sworn, did depose and say; that he/she is Assistant Vice President, of Aspen American Insurance Company, the Company described in and which executed the above instrument; thathe/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf ofthe Company by authority of his/her office under the above Resolutions thereof. Patricia C. Taber fZ &� 2 � i_2 ` Notary Public Notary Public State of Connecticut My commission expires: ,5f�%/�G� My Commission Expires May 31, 2021 CERTIFICATE 1, the undersigned, Ray Philippon, Assistant Vice President of Aspen American Insurance Company, astock corporation of the State of Texas, do hereby certify that the foregoing Power ofAttomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the Boards of Directors, as set forth above, are now and remain in full force and effect. Given under my hand and seal of said Company, in Rocky Hill, Connecticut, this arh day of November 2020 i ,n - , By: ' ! !'� Name: Ray Philippon, Assistant Vice President * For verification of the authenticity of the Power of Attorney you may call (860) 760-7728 or email:Patricia'fabergaspen-insurance.com BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/9/2020 Department Name Charlotte Brach Engineering BPW Date 11/24/2020 Phone Extension 9246 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Clara McDaniels Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ 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 Information International, Inc. New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Project Name 3520 Westmoor Street Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Agreement authorizing entry upon public property for drilling purposes and revocable permit for environmental remediation purposes with Honeywell International, Inc., for property located at 3520 Westmoor Street. For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: New Amount Decrease Increase % Total Percent of Change: Decrease % Time Extension Amount: