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Home My WebLink AboutAuthorization for Entry Environmental Remediation - MACOG ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA 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 May 13, 2025 Mr. James Turnwald MACOG 1120 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 jturnwald@macog.com RE: Authorization for Entry for Environmental Remediation Dear Mr. Turnwald: At its May 13, 2025 meeting, the Board of Public Works approved the above referenced authorization entry for entry upon public property/right of way for drilling and environmental remediation purposes. Enclosed please find the original of the authorization for your signature. Please sign and return the authorization to hhorvath@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/hh 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 _13th__ day of __May___, 2025, 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 Michiana Area Council of Governments (“MACOG”), with its principal place of business located at 1120 County City Building, 227 West Jefferson Blvd., South Bend, IN 46601, for the purpose of performing certain environmental investigations and remedial work relating to real property located at certain locations as shown in Exhibit A near 133 Cherry Street, 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, MACOG has engaged a contractor, Roberts Environmental Services, LLC (“Roberts”), to perform environmental investigative and remedial work relating to the Site, and MACOG desires that Roberts 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 MACOG and/or its contractor, Roberts, 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 MACOG and Roberts 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 investigating, 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.Roberts, acting on behalf of MACOG, will drill and install the 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.The City shall have no financial obligations for the work performed under this agreement. 4.If any improved or paved property is disturbed by the Work, MACOG, or its subcontract, shall restore said property to its original state or better as practical upon the completion of the installation of the well(s). 5. The work to be performed shall not interfere with any existing easement without the consent of the owner of said easement. 6.In consideration for the approval of this Agreement by the City, MACOG, on behalf of itself and its contractors, including but not limited to, 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. 7.MACOG shall, and shall cause its subcontractor(s) to, abide by all applicable laws of the United States, State of Indiana, and the City in performing the Work. MACOG, or its subcontractor(s), shall submit for prior approval, a traffic control plan prior to obstructing any public street in the City. 8.The authority granted to MACOG, or its subcontractor(s), 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. 9.If requested by the City, MACOG, or its subcontractor shall coordinate the abandonment of the monitoring well(s) 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 the abandonment of the wells, MACOG or its subcontractor shall cause the property in the right-of-way to be restored to its original state or better within thirty (30) days. 10.Prior to any entry on the Property to perform the Work, MACOG, or its subcontractor shall 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 Seven Hundred Thousand dollars ($700,000) per occurrence. Further, MACOG or its subcontractor shall post a One Thousand Dollar ($1,000.00) performance bond pursuant to its work in the City right of way. 11.When MACOG notifies the Board of Public Works that the 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. 12. In further consideration for the approval of this Agreement by the City, MACOG, 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 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, MACOG 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. 13.It is also agreed that MACOG, or its subcontractor, shall apply to the City’s Engineering Division for an excavation permit, if necessary, and shall pay the appropriate fee for said permit. 14.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 MACOG to execute this Agreement on its behalf. Michiana Area Council of Governments Signature Printed Name and Title May 13, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 5/6/2025 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 5/13/2025 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name 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 for Environmental Remediation 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 N/A Project Number N/A Funding Source N/A Account No. N/A Amount N/A Terms of Contract Special Contract Provisions Purpose/Description Agreement authorization entry upon public property/right of way for drilling and environmental remediation purposes 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: