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Home My WebLink AboutAccess Agreement - South Bend Range EPA Testing - MACOGSITE ACCESS AGREEMENT WITH PROPERTY OWNER TO ALLOW FOR COMPLETION OF ENVIRONMENTAL SITE ASSESSMENT6 $1'5(/$7('$&7,9,7,(6 MACOG REGIONAL BROWNFIELDS COALITION This Site Access Agreement (“Agreement”) is made by and between _____________________ ____________________ (“Owner”), Michiana Area Council of Governments (“MACOG”), and its designated consultant 5REHUWV(QYLURQPHQWDO6HUYLFHV//&(“Consultant”) regarding the Owner’s property located at_______________________________________________ (“Site”). MACOG requests permission for the Consultant and/or other authorized environmental contractors, employees of the local government, employees of MACOG, or other designees authorized by MACOG and/or the Consultant (collectively, “Authorized Parties”) to enter the Site for the exclusive purpose of conducting environmental investigation activities associated with potential petroleum and/or hazardous substances contamination. Prior to Authorized Parties entering the site, MACOG shall provide notice to the Owner to specify the Authorized Parties and MACOG will notify the owner of changes in the list of Authorized Parties. 1. Owner hereby grants permission to Authorized Parties to enter upon the Site to perform investigation activities at the Site as part of the MACOG Regional Brownfields Coalition. This permission is effective immediately upon the execution of this Agreement by Owner and acceptance of the Agreement by MACOG. 2. As a condition of this agreement, the Owner will provide the following information: a. Known location of any utility and/or infrastructure improvement on the property. b. Access to the entire Site for the purposes set forth in this Agreement including all exterior and interior (if applicable) areas of the Site. 3. The permission granted by Owner under this Agreement is contemplated to be used for the following activities that may be performed by Authorized Parties: a. Accessing areas where contamination may exist, including areas where underground storage tanks (“USTs”), aboveground storage tanks (“ASTs”) or petroleum and/or hazardous substances releases are, or are suspected to be, located; including if necessary the removal of a UST to access contamination underneath the UST; b. Investigation of soil, groundwater and air or vapor, or other material deemed appropriate by MACOG including, but not limited to, the installation of soil borings, test pits and/or installation and maintenance of temporary or permanent groundwater monitoring wells, the use of geophysical equipment, the use of drilling equipment for collection of samples, the logging, gauging and sampling of existing wells, videotaping, preparation of site sketches, taking photographs, and any testing or sampling; c. Survey of asbestos-containing material and lead-based paint conditions; d. Clandestine Drug Lab / Meth Lab Inspection; e. On-Site observation and oversight of environmental investigation activities; f. Disclosure of environmental information as required by law. City of South Bend 133 Cherry Street, South Bend, IN 46628 4. The Owner agrees not to damage or interfere with the use of any ground water monitoring well or mechanical equipment that is installed as permitted herein, and agrees to notify third parties who plan to conduct any activity on the property described above that monitoring wells or equipment (if any) have been installed on the property. 5. If investigation-derived waste, including but not limited to contaminated soil and/or groundwater is identified or generated during site investigation activities, and is required to be removed and disposed off-site, the site owner will be considered the generator of the waste and will sign a waste manifest upon removal. Such removal will be performed at no cost to the Owner. 6. Upon completion of the investigation, Authorized Parties will restore the property to as near as practicable the condition of the property immediately prior to the commencement of such activities, but not including paving or concrete replacement at ground surface. 7. The granting of this permission by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner or the Owner’s successors and assigns for any contamination discovered on the Site. 8. Authorized Parties may enter the Site during normal business hours and may also make special arrangements to enter the Site at other times after agreement from the Owner. 9. Authorized Parties shall enter upon the Site at their own risk, and Owner shall not be held responsible or liable for injury, damage, or loss incurred by any Authorized Party arising out of or in connection with activities under this Agreement, except to the extent that any injury is caused due to the acts or omissions of Owner, any lessee of the Site, or any employee or agent of the Owner. MACOG is not providing any indemnification, either jointly or severally, to the Owner, the Consultant or its agents, assigns or designees. 10. MACOG will supply to Owner all information derived from the environmental investigation activities conducted at the Site. MACOG may use such information for any purpose at its discretion. 11. In exercising its access privileges, Authorized Parties will take reasonable steps not to interfere with the Owner’s operations on the Site. 12. Authorized Parties will give notice to the Owner at least one (1) week in advance of the start of field activities on the Site. 13. Owner ensures that Owner and any/all Site operators will grant Authorized Parties access to the entire Site for the purposes set forth in this Agreement. 14. Any party to this Agreement may terminate this Agreement by giving two (2) months advanced written notice, or all parties may terminate the Agreement at any time by written agreement. 15. This Agreement does not obligate the Owner for any costs associated with the environmental site assessments conducted under the MACOG Regional Brownfields Coalition. 16. This Agreement shall expire upon MACOG’s issuance of correspondence to the Owner indicating completion of project activities under MACOG Regional Brownfields Coalition. _________________ Date Signed _________________ Date Signed _________________ Date Signed Agreed to by: _________________________________ Site Owner Name and Title: Relationship to Property: _________________________________ WitnessRSWLRQDO: _________________________________ MACOG James Turnwald, Executive Director CONTACT INFORMATION MACOG Point of Contact: Name: Leah Thill, 'LUHFWRURI6XVWDLQDELOLW\ Phone: Email: OWKLOO@macog.com Local Government Point of Contact: Name: Phone: Email: Environmental Consultant Contact: Company:5REHUWV(QYLURQPHQWDO Name'DYH-HIIHUV Phone: Email:GMHIIHUV#UREHUWVHQYLURQPHQWDOQHW Site Owner: Site Owner Authorized Executive: Site Owner’s Telephone Number: Site Owner’s Email Address: Site Property Address(es): Site Owner’s Mailing Address (if other than Site Address): Property Parcel #(s), if known: Civil City of South Bend 133 Cherry St, South Bend, IN 46628 227 W Jefferson Blvd, South Bend, IN 46601 71-08-11-153-007.000-026 (574)235-9337 adoctor@southbendin.gov Allison Doctor March 11, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 3/4/2025 Name Allison Doctor Department DCI BPW Date 03/11/2025 Phone Extension 9337 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Danielle Weiss 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: Access Agreement Ease./Encroach Required Information Company or Vendor Name MACOG New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Environmental Testing at South Bend Range Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description The site access agreement would allow MACOG to perform EPA-funded environmental testing at South Bend Range (133 Cherry Street). 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: