HomeMy WebLinkAboutAgreement Authorizing Public Property Entry - 1125 & 1141 Mishawaka Ave. – American Environmental Corp.
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU
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 9, 2024
Ms. Arielle Bisoglio
American Environmental Corporation
8500 Georgetown Rd.
Indianapolis, IN 46268
abisoglio@aecindy.com
RE: Agreement Authorizing Public Property Entry
Dear Ms. Bisoglio:
At its July 9, 2024 meeting, the Board of Public Works approved the above referenced
agreement for authorizing entry at alleyway between 1125 Mishawaka Ave. and 1141
Mishawaka Ave. for drilling purposes.
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 PETE BUTTIGIEG, 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 9th. day of July, 2024, by and between the City of
South Bend Board of Public Works having its offices located at 227 West Jefferson, 13th Floor,
County-City Building, South Bend, Indiana 46601 and American Drilling Services and is in the
business of performing environmental assessments and remediation of polluted sites for its
clients; and
WHEREAS, American Drilling Services desires access to public property located
within the public right-of-way of the alleyway between 1125 Mishawaka Avenue and 1141
Mishawaka Avenue for the purpose of drilling one boring for a probe of soil and/or water
samples and installation of a monitoring well 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
WHEREAS, the City, acting by and through its Board of Public Works, is willing to
permit American Drilling Services 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 American Drilling Services, 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 the alleyway between 1125 Mishawaka Avenue and 1141 Mishawaka Avenue
("Property") 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.American Drilling Services will drill and install the wells in a professional manner
in accordance with 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 drilling or installation
of the wells, American Drilling Services shall restore said property to its original state or better
as soon as practical upon the completion of the installation of the wells;
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, American
Drilling Services 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 attorney's 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.American Drilling Services 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. American Drilling Services 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 1
attached hereto and incorporated herein.
8.The monitoring wells shall be properly abandoned not later than December
31, 2029 unless otherwise agreed by the City in writing or as otherwise directed by IDEM.
After abandonment of the wells, American Drilling Services 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, American Drilling Services 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 Five Million Dollars
($5,000,000) aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence.
American Drilling Services has heretofore posted $_______________________ excavation and
occupancy bonds. When American Drilling Services notifies the Board of Public Works that
the monitoring wells have been removed, South Bend will inspect the work 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 Board of Public Works of
the City of South Bend of this Agreement Authorizing Entry Upon Public Property for Drilling
Purposes, American Drilling Services 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 1st of each year during the life of this
agreement and delivered to the Director of Public Works, 227 West Jefferson, 13th Floor,
County-City Building, South Bend, Indiana 46601. Further, American Drilling Services agrees
that upon the request of the City, American Drilling Services shall make available to the City the
results of the testing. Such access shall be granted at a reasonable place and time.
11.It is also agreed that American Drilling Services shall apply to the
City of South Bend's Engineering Office 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. [SIGNATURE PAGE ATTACHED]
The undersigned person represents that he/she has authority on behalf of American Drilling
Services, to execute this agreement on its behalf and acknowledges its obligations to indemnify
and hold harmless the Civil City of South Bend as set forth in this agreement.
American Drilling Services
Signature
Printed Name and Title
WITNESS:
Signature
Printed Name and Title
July 9, 2024