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Home My WebLink AboutAuthorization for Entry Agreement - Drilling Purposes Along St. Joseph River Soil Borings – Geotill, Inc. 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 May 23, 2023 Mr. Malek Smadi Geotill Inc. 7732 Loma Ct. Fishers, IN 46038 msmadi@geotill.com RE: Authorization for Entry Agreement Dear Mr. Smadi: At its May 23, 2023 meeting, the Board of Public Works approved the above referenced agreement for authorizing entry upon public property for drilling purposes along the St. Joseph River for soil borings at North Shore Dr., Parkovash Ave., Riverside Dr. and Golden Ave. Please be aware that City permits will be required, and City staff will need to see the marked locations for drilling given the abundance of City infrastructure in both of these locations. We need all utility locates marked as well. The City of South Bend has a storm sewer outfall, storm, sanitary, water and combined sewer in this area. Our 84-inch diameter interceptor runs along North Shore Dr. Contact rowpermitsoffice@southbendin.gov prior to drilling. Enclosed please find a copy of the agreement 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 AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES AND REVOCABLE PERMIT FOR ENVIRONMENTAL REMEDIATION PURPOSES THIS AGREEMENT, is made effective the 23rd day of May, 2023, 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 Geotill Inc. (the “Geotill”), with its principal place of business located at 7732 Loma Court Fishers IN 46038, for the purpose of performing certain geotechnical investigations near Riverside Dr and N Lafayette Blvd, South Bend, IN (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, Geotill has been engaged by Campos EPC, LLC to perform Geotechnical investigation to the proposed locations (see attachment), and Geotill 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 (the “Work”); and WHEREAS, the City is willing to permit Campos EPC, LLC and/or its contractor, Geotill Inc ., and its 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 Geotill, its agents, contractors, employees and successors and assigns, a temporary, non-exclusive right on, in, across and under the site location for the purposes of the investigation, surveying and sampling of soils and improvements including drilling borings of soil. 2. Geotill will drill the soil, borings 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, Geotill shall restore or cause to be restored by another qualified contractor, said property to its original state or better as practical upon the completion of work and such improvement must be approved by the City . 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, Geotill, on behalf of itself and its contractors (including but not limited to Campos EPC, LLC), 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. Geotill shall cause any and all subcontractors to, abide by all applicable laws, ordinances and regulations of the Federal Government, State of Indiana, and the City of South Bend, Indiana in performing the Work. Geotill shall, submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7. The authority granted to Geotill, any other agents, consultants and employees, under this Agreement is limited to the scope of work described herein, a s amended, and as shown on Figure 1 attached hereto and incorporated herein. 8. Prior to any entry on the Property to perform the Work, Geotill will 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 One Million Dollars ($1,000,000) in the aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. 9. When Geotill notifies the Board of Public Works that geotechnical soil drilling has been done, the City will inspect the work and, if satisfied that there has been compliance with their specifications, the bond and insurance may be cancelled. 10. In further consideration of the approval of this Agreement, Geotill shall provide the City a copy of any documentation submitted to IDEM containing the results of the sampling or testing performed pursuant to this Agreement, including but not limited to an annual fact sheet summarizing the testing performed, a list of contaminants, if discovered, the extent of such contaminants and the migration direction of such contaminants. All notices or other documentation shall be sent to the City of South Bend Engineering Department, C/O City Engineer. 227 West Jefferson Blvd. 13th Floor. South Bend, Indiana 46601. 11. It is also agreed that Geotill 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] The undersigned person represents that he/she has authority on behalf of Geotill, Inc. 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. *GEOTILL Inc. Malek Smadi Signature Malek Smadi, Ph.D., PE Printed Name and Title May 23, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 5/15/2023 Name: Charlie Brach Department of Public Works – Engineering Division BPW Date: 5/23/2023 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 Geotill, Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name St. Joseph River Soil Borings 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 with Geotill Inc. for drilling soil borings along the St. Joseph River at North Shore Drive and Parkovash Avenue, and Riverside Drive and Golden Avenue. 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: