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HomeMy WebLinkAboutAuthorization for Entry Agreement - 2626 Mishawaka Ave. (Burton’s Laundry) – David A. Nufer, LLC  ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER 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 July 26, 2022 Mr. David A. Nufer, LLC 2626 W. Mishawaka Ave. South Bend, IN 46615 RE: Authorization for Entry Agreement Dear Mr. Nufer: At its July 26, 2022 meeting, the Board of Public Works approved the above referenced agreement for authorizing entry upon public property for drilling purposes and revocable permit for environmental remediation at 2626 W. Mishawaka Ave. (Burton’s Laundry). 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, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/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 ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT, is made effective the 26th. day of July, 2022, 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 David A. Nufer, LLC (the “Owner”), with its principal place of business located at 2409 Mishawaka Avenue, South Bend, Indiana, for the purpose of performing certain environmental investigations and remedial work relating to real property located at 2626 Mishawaka Avenue (Burton’s Laundry), 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, David A. Nufer, LLC has engaged a contractor, Jones Petrie Rafinski Corp. (“JPR”), to perform environmental investigative and remedial work relating to the Site, and David A. Nufer, LLC desires that JPR 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 JPR and/or its contractor, D&T Drilling Co., 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 David A. Nufer, LLC, JPR, 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 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.D&T Drilling Co ., acting on behalf of JPR , will drill and install the soil borings and/or wells 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, JPR shall restore or cause to be restored by D&T Drilling Co. or another qualified contractor, said property to its original state or better as practical upon the completion of the installation of the soil borings and/or 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, David A. Nufer, LLC, on behalf of itself and its contractors (including but not limited to JPR and D&T Drilling Co.), 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.David A. Nufer, LLC shall, and shall cause its contractor JPR to, abide by all applicable laws of the United States, State of Indiana, and the City in performing the Work. David A. Nufer, LLC shall, or shall cause JPR 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 t o David A. Nufer, LLC, its contractor JPR , any other 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 borings and/or monitoring well(s) 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, David A. Nufer, LLC 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, David A. Nufer, LLC shall deliver to or cause D&T Drilling Co. 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 Five Million Dollars ($5,000,000) in the aggregate and One Million dollars ($1,000,000) per occurrence. David A. Nufer, LLC has caused its contractor, D&T Drilling Co., to post a Thousand Dollars ($1,000.00) performance bond. 10.When David A. Nufer, LLC notifies the Board of Public Works that the soil borings and/or 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.In further consideration for the approval of this Agreement by the City, David A. Nufer, LLC, or shall cause its contractor, 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 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 1st of each year during the term of this Agreement and delivered to the Director of Public Works, 227 West Jefferson, 13th Floor, County-City Building, South Bend, Indiana 46601. Further, David A. Nufer, LLC 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 David A. Nufer, LLC shall, or its Contractor, D&T Drilling Co., on its behalf, shall apply to the City’s Engineering Division 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. [Signatures on following page] The undersigned person represents that he/she has authority on behalf of David A. Nufer, LLC 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. *[NAME] Signature Printed Name and Title July 26, 2022 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 7/19/2022 Name: Charlie Brach Department of Public Works – Engineering Division BPW Date: 7/26/2022 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X 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 David A. Nufer, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Burton’s Laundry (2626 Mishawaka Ave) Project Number N/A Funding Source N/A Account No. PR/PO # N/A Amount N/A Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Agreement authorizing entry upon public property for drilling purposes and revocable permit for environmental remediation purposes with David A. Nufer, LLC for property located at 2626 Mishawaka Ave. 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: New Completion Date: