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HomeMy WebLinkAboutAuthorization for Entry - Michigan Consulting & Environmental January 13, 2026 Mr. John Z. Veldhuis Michigan Consulting & Environmental 1669 South Isabella Road Mt. Pleasant, MI 48858 jveldhuis@michenv.com RE: Authorization for Entry for Environmental Remediation Dear Mr. Veldhuis: 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, INDIANA 46601 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 24th day of December, 2025, by and between the City of South Bend Board of Public Works having its offices located at 2 1 5 S . D r . M a r t i n L u t h e r K i n g , J r . B l v d . S u i t e 4 0 0 , South Bend, Indiana 46601 and __Michigan Consulting & Environmental__ and is in the business of performing environmental assessments and remediation of polluted sites for its clients; and WHEREAS, _Michigan Consulting & Environmental__desires access to public property located within the public right-of- way at __1319 N. Iowa Street, South Bend, IN 46628__ for the purpose of drilling __two (2)__ borings 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 ___MICHIIGAN CONSULTING & ENVIRONMENTAL___ 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 __Michigan Consulting & Environmental__ 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 __1319 N. Iowa Street, South Bend, IN 46628__ ("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. __MICHIGAN CONSULTING & ENVIRONMENTAL__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, __Michigan Consulting & Environmental__ 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, __Michigan Consulting & Environmental__ 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.Michigan Consulting & Environmental 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. __Michigan Consulting & Environmental__ 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 Figure 1 attached hereto and incorporated herein. 8.The monitoring wells shall be properly abandoned not later than __36 months following installation__ unless otherwise agreed by the City in writing or as otherwise directed by IDEM. After abandonment of the wells, __Michigan Consulting & Environmental__ 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, __Michigan Consulting & Environmental__ 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 Four Million Dollars ($4,000,000) aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. Michigan Consulting & Environmental has heretofore posted a $5,000 excavation bond. \ 10.When __Michigan Consulting & Environmental__ 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. 11.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,__Michigan Consulting & Environmental__ 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, Michigan Consulting & Environmental agrees that upon the request of the City, Michigan Consulting & Environmental shall make available to the City the results of the testing. Such access shall be granted at a reasonable place and time. 12.It is also agreed that __Michigan Consulting & Environmental__ shall apply to the City of South Bend's Engineering Office for an excavation permit and shall pay the appropriate fee for said permit. 13.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 __Michigan Consulting & Environmental__, 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. Michigan Consulting & Environmental Signature Printed Name and Title WITNESS: Signature Printed Name and Title Michael Logan, President Trina Irvin, Administration January 13, 2026 BRIGHTON KALAMAZOO MOUNT PLEASANT TRAVERSE CITYSouth Bend, IN 46628SWNE3429 Lincoln Way WestArby's Express #25332Figure #165019-7-8CAD File:Drawn by: BAPProject Manager:Project Number:Drawing Date: 11-25-2565019JZVProposed Monitoring Well LocationsLocation:Current Underground Storage Tanks:#1 - 12,000 Gallon Gasoline UST - Installed 9/1/94#2 - 8,000 Gallon Gasoline UST - Installed 9/1/94#3 - 6,000 Gallon Gasoline UST - Installed 9/1/94LEGENDSoil Boring/Monitoring Well (SB/MW) LocationCBCatch BasinFire HydrantMHManholeUtility PoleLight PoleLTUPFHPolePEBElectrical Boxfield observations by Michigan Consulting & Environmental, Inc.Note:Adapted from Google Earth aerial imagery dated 4/8/23 andProposed Monitoring Well LocationPUPUPLTLTLTLTLTLTLTLTCB-4CB-5CB-3CB-2CB-6CBCBCBCBCB-1CBCB-8CB-7CBUPTRCBCB#1#2#3ConcreteAsphaltAsphaltAsphaltAsphaltAsphaltAsphaltAsphaltFenceFenceSignSignSignSignGravelGarageFenceLincoln Way West / US-20 BusinessRaisingKings & QueensDaycare3402T. Allen'sKing Gyros3417LandscapingLandscapingGrassGrassGrassGrassLandscapingSignSignAsphaltWholeWomen'sHealthConcreteConcreteAirVacVentsVacDumpsterGravelDumpster(Closed)ConcreteConcreteGrassMH3511Arby's Express#253323429SB/MW-1MW-2MW-3MW-4MW-5Canopy & Dispenser IslandsUG ElectricConcreteProduct PipingUG ElectricUG ElectricNatural GasUPUP UPLTEBEBWoodedFenceGrassGrassApproximate Property Boundary (Parcel #018-2193-7247)R.O.W.R.O.W.R.O.W.R.O.W.FPMHMHCB-9CBCBCB-10CBCBGrassGrassSign3401LandscapingGrassGrassGrassAsphaltAsphaltAsphaltAsphaltConcreteSignLTGrassMW-9MW-8MW-6MW-7LTMW-11MW-12MW-13MW-14MW-10MW-7RFHSignSignSignHancookKoreanCuisineJonathon'sClothing& ShoesDomino'sPizzaKirby RiskElectricalSupply13311319Iowa Street33013318Ryer StreetUPUPUPLTUPUPUPUPUPUPUPLTLTLTLTLTLTLTLTLTLTUPLTCBCBCBCBCBCBCBMHMHLTAlleyLTMHTRTelephone RiserApproximate scale in feet040 806020HouseFenceFenceFence Wolf Commercial RoofingAffordableAuto RentalR.O.W.AsphaltGrassGrass/GravelGrass/Gravel/AsphaltVacantAsphaltAsphaltAsphaltConcreteConcreteAsphaltAsphaltGrassAsphaltConcreteGrassGrassGrassApparentGround Water Flow DirectionApproximatePlume Boundary 12/23/2025 Moore Insurance Services, Inc. 67 N. Howell P.O. Box 207 Hillsdale MI 49242 Cyndi Armstrong (517) 439-9345 (517) 439-5536 carmstrong@mooreinsuranceservices.com MNL Consulting, LLC DBA: Michigan Consulting & Environmental & Compliance, Inc. 1669 South Isabella Road Mt Pleasant MI 48858 Travelers Indemnity Company of America 25666 Auto-Owners Insurance Company 18988 Travelers Property Casualty Company of America 25674 CNA 35289 CL2521004814 A Y Y 6801N825636 02/12/2025 02/12/2026 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 B Y 5243624700 02/12/2025 02/12/2026 1,000,000 C Y Y CUP1N874298 02/12/2025 02/12/2026 1,000,000 1,000,000 A N Y UB1N826786 02/12/2025 02/12/2026 1,000,000 1,000,000 1,000,000 D Professional Liability w/ Pollution Incident ECH591927084 02/12/2025 02/12/2026 Per Claim $2,000,000 Aggregate $4,000,000 City of South Bend C/O Board of Public Works 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 Michigan Consulting & Environmental 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: