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Home My WebLink AboutAuthorizing Entry Upon Public Property Agreement - Drilling Purposes and Revocable Permit – Terracon Consultants, Inc. ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 23, 2021 Mr. Stephen Brellenthin Terracon Consultants Inc. 7770 West New York St. Indianapolis, IN 46214 sbrellenthin@earthengr.com RE: Authorization for Entry Upon Public Property Agreement Dear Mr. Brellenthin: At its February 23, 2021 meeting, the Board of Public Works approved the above referenced agreement for authorizing entry upon public property and a revocable permit for geotechnical soil borings and temporary monitoring of the well at East Bank Trail over Leeper Ave. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS 1316 COUNTY-CITY 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 GEOTECHNICAL PURPOSES THIS AGREEMENT, is made effective the __ day of ____, 2021_, 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, 13th Floor, County-City Building, South Bend, Indiana 46601 and Terracon Consultants Inc (the “Terracon”), with its principal place of business located at 7770 West New York Street, Indianapolis, Indiana, for the purpose of performing certain environmental investigations and remedial work relating to real property located at East Bank Trail over Leeper Ave, South Bend, Indiana (the “Site”). 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, Terracon, on behalf of American Electric Power (“AEP”) is planning to perform geotechnical and subsurface testing relating to the Site, and Terracon desires to have access to certain public property located within the public right-of-way near the Site as set forth on the attached Figure 1 (the “Property”) for the purposes of investigating, surveying and sampling of soils, including drilling borings for a probe of soil and collection of water samples (the “Work”); and WHEREAS, the City is willing to permit Terracon 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 Terracon, their agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the P roperty for the purposes of the investigation, surveying and sampling of soils and improvements including drilling geotechnical borings and installation of temporary wells for the purpose of downhole instrumentation. 2.Terracon will drill and install the wells in a professional manner in accordance 23rd. February 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, Terracon shall restore said property to its original state or better as practical upon the completion of the installation of the well(s). 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, Terracon, on behalf of itself, 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.Terracon shall abide by all applicable laws of the United States, State of Indiana, and the City in performing the Work. Terracon shall submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7.The authority granted to Terracon any other agents, consultants and employees, under this Agreement is limited to the scope of work described herei n, as amended, and as shown on Figure 1 attached hereto and incorporated herein. 8.The temporary well(s) shall be properly abandoned not later than thirty (30) days following the completion of testing unless otherwise agreed to by the City. After abandonment of the wells, Terracon 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, Terracon shall 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 Five Million Dollars ($5,000,000) in the aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. 10.When Terracon notifies the Board of Public Works that the monitoring well(s) have been removed, the City will inspect the work and, if satisfied that there has been compliance with paragraph 8, regarding property abandonment of the monitoring well(s), the bond and insurance may be cancelled. 11.It is also agreed that Terracon shall apply to the City’s Engineering Division for an excavation permit and shall pay the appropriate fee for said permit. 12.This Agreement shall be governed by the laws of the State of Indiana. [Signatures on following page] CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ________________________________ Elizabeth A. Maradik, President ______________________________ Jordan Gathers, Member ______________________________ Gary A. Gilot, Member ______________________________ Joseph R. Molnar, Member ATTEST: ________________________________ Anne Fuchs, Clerk The undersigned person represents that he/she has authority on behalf of _Terracon_ to execute this Agreement on its behalf and acknowledges its obligations to indemnify and hold harmless the City of South Bend as set forth in this Agreement. Signature Stephen Brellenthin, Senior Staff Geophysicist Printed Name and Title FIGURE 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/17/2021 Name Charlotte Brach Department Engineering BPW Date 2/23/2021 Phone Extension 9246 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for 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 Entry Agreement Ease./Encroach Required Information Company or Vendor Name Terracon Consultants, Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name East Bank Trail over Leeper Ave Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Agreement authorizing entry upon public property for geotechnical borings with temporary, solid PVC casing installed to accommodate instrumentation. The temporary well is being used for a foundational assessment of the East Bank Trail Bridge. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: