HomeMy WebLinkAboutAuthorization for Entry - Sewer Vapor Sampling – Stantec Consulting Services1316 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
December 19, 2023
Mr. Jakob Keldsen, P.E.
Stantec Consulting Services Inc.
5778 W. 74th St.
Indianapolis, IN 46278
j akob.keldsengstantec. com
RE: Authorization for Entry
Dear Mr. Keldsen:
At its December 19, 2023 meeting, the Board of Public Works approved the above
referenced contract that authorizes entry for the sewer vapor sampling at three (3) manholes
near South Bend Ave. & N. Hill St.
Enclosed please find a copy of the contract 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
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA MIcou
AGREEMENT AUTHORIZING ENTRY UPON PUBLIC PROPERTY FOR
DRILLING PURPOSES AND REVOCABLE PERMIT FOR
ENVIRONMENTAL REMEDIATION PURPOSES
THIS AGREEMENT, is made effective the 19 day of December , 2023, by and
between the City of South Bend Board of Public Works ("City") having its offices located at
227 West Jefferson, IP Floor, County -City Building, South Bend, Indiana 46601 and Stantec
Consulting Services Inc. ("Stantec") a for -profit, domestic company having a place of business at
5778 West 70 Street, Indianapolis, IN 46278. Stantec is in the business of performing
environmental assessments and remediation of polluted sites for its clients; and
WHEREAS, Stantec desires access to public property located within the public right-of-
way at one (1) manhole at 608 North Hill Street, manhole at the intersection of South Bend Avenue
one (1) and North Hill Street, and one (1) manhole at 613 South Bend Avenue for the purpose of
conducting sewer vapor testing and the City is agreeable to such additional environmental
remediation activities ("the Work"); 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 of Public Works pursuant to I.C. 36-9-6,
et seq.; and
«+IEREAS-3 - amity; acting-b3L-and-i1 eu iis-I38ard-uf_Public _Wnrks,_is_ will -W
rrrxci
permit Stantec and its respective agents and consultants to gain access to the property identified
herein 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 are hereby
acknowledged, the parties restate and amend the Permit in its entirety as follows:
1. The City, acting by and through its Board of Public Works ("City") hereby grants
to Stantec, its agents, contractors, employees and successors and assigns, a temporary, non-
exclusive right on, in, across and under the property located within the public right-of-way of
one (1) manhole at 608 North Hill Street, manhole at the intersection of South Bend Avenue one
(1) and North Hill Street, and one (1) manhole at 613 South Bend Avenue ("Property") for the
purposes of the investigation, surveying and sampling of sewer vapor. 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. Stantec will conduct sewer vapor sampling in a professional manner in
accordance with state laws and regulations and shall keep interference with tfie surrounding
_property and transportatimrta TM'ffritnwm, us-is-consistent-with-sueh s€and-ards.
3. If any improved or paved property is disturbed by the sewer vapor sampling, Stantec
shall restore said property to its original state or better as soon as practical upon the completion
of the sampling.
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, Stantec
agrees and undertakes to hold the Civil City of South Bend, Indiana, Board of Public Works,
their agents and employees, free and harmless from any liability, loss, costs, damages or
expenses, including attorneys fees caused by the Work, which the Civil City of South Bend or
the Board of Public Works may suffer or occurs as the result of any claims or actions that may
be brought by a person arising out of the approval of this request by the Board of Public Works.
6. Stantec shall abide by all other laws of the United States, State of Indiana,
and the City of South Bend in performing the work in the City of South Bend. Stantec shall
submit for prior approval a traffic control plan prior to obstructing any public street in the City of
South Bend.
7. This authority is limited to the scope of work described on Exhibit "A"
attached hereto and incorporated herein.
8. The sewer vapor sampling shall not abandon any permanent
structures or devices in the right-of-way unless otherwise agreed by the City in writing or
as od-ferwise directed pra p eriy caused during
t h e s e w e r v a p o r s a in p l i n g 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 land, Stantec shall deliver to the Clerk of the
Board of Public Works a Certificate of Insurance listing the City of South Bend as an
additional insured, which insurance shall be in the amount of One Million Dollars
($1,000,000) aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence.
Stantec has heretofore posted a Five Thousand Dollar ($5,000) performance bond. When
Stantec notifies the City that the sampling is complete, South Bend will inspect the area and,
if satisfied that there has been compliance with Paragraph 8 of this document, the bond and
insurance may be cancelled.
10. In further consideration for the approval by the City of this Agreement
Authorizing Entry Upon Public Property for Sewer Vapor Sampling Purposes, Stantec shall
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 .fst
of each year during the life of this agreement and delivered to the Director of Public Works
= West Jefferson, 13' Floor, County -City Building, out end In3iana 46601. Further,
Stantec agrees that upon the request of the City, Stantec shall make available to the City the results
of the testing. Such access shall be granted at a reasonable place and time.
11. It i s a 1 s o agreed that Stantec shall a p p l y to the City's Engineering
Office for an excavation permit and shall pay the appropriate fee for said permit if excavation is
required for sampling.
12. This agreement shall be governed by the laws of the State of Indiana.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
Joseph R. Molnar, Vice President
Briana Micou, Member
Attest: Theresa M. Heffner, Clerk
Date: December 19, 2023
The undersigned person represents that he/she has authority on behalf of Stantec, to execute this
agreement on its behalf.
Stantec Consulting Services
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Printed Name and Tiile
EXHIBIT A: Sewer Vapor Sampling Locations
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Legend
FOR:
FIGURE:
$ Monitoring Well • Proposed Soil Gas Point
Soil Gas Vapor Point Location O Proposed Sewer Conduit Sample Point
Sta ntec
604 NORTH HILL STREET
SOUTH BEND, INDIANA
PROPOSED SAMPLE LOCATIONS
Site Boundary O Proposed Monitoring Well
5778 W.74TH ST
INDIANAPOLIS, INDIANA46278
JOB NUMBER:
DRAWN BY:
CHECKED BY:
APPROVED BY:
DATE:
PHONE: (317) 876-8375 FAX: (317) 876-8382
182602612
BRM
JA
MD
09/05/23
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 12/6/23
Name: Gemma Stanton Department of Public Works — Engineering Division
BPW Date: 12/19/23 Phone Extension: 9083
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Michael Schmidt
Dept. Attorney ❑ Attorney Name
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
Information
Company or Vendor Name Stantec Consulting Services
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
U Yes U If Yes, Approved by Purchasing
❑ No
E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos
N/A
N/A
N/A
PR/PO # N/A
N/A
Authorization for Entry for Stantec for sewer vapor sampling
This document authorizes Stantec to conduct sewer vapor sampling at three
manholes near South Bend Avenue and N. Hill Street
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
Increase %
Decrease
Increase %
Decrease