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HomeMy WebLinkAboutAuthorization for Entry - American Environmental Corporation January 13, 2026 Ms. Arielle Bisoglio American Environmental Corporation 8500 Georgetown Rd. Indianapolis, IN 46268 abisoglio@aecindy.com RE: Authorization for Entry for Environmental Remediation Dear Ms. Bisoglio: At its January 13, 2026 meeting, the Board of Public Works approved the above referenced agreement for authorization entry upon public property/right of way for drilling and environmental remediation. 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/ Hillary Horvath Hillary Horvath, Clerk CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS SOUTH BEND CITY HALL 215 S. DR. MARTIN LUTHER KING, JR. BLVD. SUITE #400 SOUTH BEND, INDIANA46601 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 January,2026, by and between the City of South Bend Board of Public Works having its offices located at 215 S. Dr. Martin Luther Ki ng, Jr. Blvd. Suite 400,South Bend,Indiana46601 and AEC,LLC and is in the business of performing environmental assessments and remediation of polluted sites for its clients; and WHEREAS, AEC, LLC desires access to public property located within the public right­of- way at the entrance to alleyway to the north of Belmont Avenue between addresses 710 South Eddy Street and 11 17 Belmont A venue 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 LC. 36-9-6, et seq.; and WHEREAS, the City, acting by and through its Board of Public Works, is willing to permit AEC, LLC 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 grantsto AEC, LLC, its agents, contractors, employees and successors and assigns, a temporary, non­exclusive right on, in, across and under the property located within the public right-of-way of the entrance to alleyway to the north of Belmont A venue between addresses 710 South Eddy Street and 1117 Belmont A venue ("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 January 13, 2026 12/24/2025 McGowan Insurance Group 355 Indiana Avenue Suite 200 Indianapolis IN 46204 Aspen Klaus (317) 464-5000 (317) 464-5001 aspenk@mcgowaninsgrp.com Creek Run, LLC; AEC, LLC 1 Creek Run Dr. Montpelier IN 47359 Homeland Insurance Co of NY Selective of South Carolina 19259 Bridgefield Casualty Ins Co 10335 2025 Master A 7930136570000 10/15/2024 01/01/2026 2,000,000 50,000 5,000 2,000,000 2,000,000 2,000,000 B S 2351384 01/01/2025 01/01/2026 1,000,000 A 7930136580000 10/15/2024 01/01/2026 5,000,000 5,000,000 C Y 196-59794 01/01/2025 01/01/2026 1,000,000 1,000,000 1,000,000 A Contractor's Pollution Liability Professional Liability 7930136570000 10/15/2024 01/01/2026 Each Pollution Condition $2,000,000 Professional Each Claim $2,000,000 Re: East Mishawaka Avenue (south side) to the north of address 1104 East Mishawaka Avenue and The entrance to alleyway to the north of Belmont Avenue between addresses 710 South Eddy Street and 1117 Belmont Avenue. Clerk of the Board of Public Works City of South Bend is additional insured on the commercial general liability, automobile liability, and umbrella liability on a primary and non-contributory basis when required by written contract. Waiver of subrogation applies in favor of the additional insured(s) on the generalliability, automobile liability, workers compensation and umbrella liability when required by written contract. Clerk of the Board of Public Works City of South Bend 215 S. Dr. Martin Luther King, Jr. Blvd. Suite 400 South Bend IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 1/5/2026 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 1/13/2026 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 American Environmental Corporation 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: