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Home My Public Portal About128-2020 - Engineering - Specialty Earth Scientist, LLC - Site Access - Armstrong PropertiesSITE ACCESS AGREEMENT This Site Access Agreement ("Agreement") is executed by and among the City of Richmond, Indiana ("City"), Armstrong Cleaners, Inc., d/b/a Armstrong Cleaners & Formal Wear ("Armstrong"), and Specialty Earth Sciences, LLC ("SE Sciences"): 1. As part of environmental related investigations under the guidance of the Indiana Department of Environmental Management ("IDEM") at the Armstrong Cleaners and Formal Wear facility located at 1019 North A Street ("Site"), Armstrong needs to conduct subsurface environmental investigations at the following City -owned properties and/or City Right -Of -Ways (ROW): A) Parcels #89-16-33-330-915.000-030 and #89-16-33-330-914.000-030, which consists of two (2) City -owned parking lots; B) ROW along North 10th Street between North A Street and East Main Street; and, C) ROW along North 11th Street between North B and East Main Streets (the "Properties"), Armstrong has retained the services of SE Sciences, an environmental consulting firm, to conduct the Work. 2. The City hereby authorizes Armstrong and its consultant, SE Sciences (also including any subcontractors of SE Sciences), to enter upon the Properties during the period of October 20, 2020 through and including the date on which the IDEM provides written notice to Armstrong that no further activities at the Properties are necessary, or at such other dates as the parties may mutually agree in writing, for the purpose of performing environmental and engineering investigations and/or remediation, including but not limited to one or more of the following activities (hereafter referred to as "the Work"): A.) drilling of soil test borings and/ or probes (See Figure 1 for currently proposed soil borings SB-A through SB-E and SB-G); B.) collection of soil samples from soil borings and/or probes; C.) installation of groundwater monitoring wells (See Figure 1 for currently proposed monitoring wells MW-7 and MW-8); D.) performing measurements of groundwater elevation, flow rates, hydraulic conductivity, and related hydrogeologic parameters; E.) ongoing collection of groundwater samples from groundwater monitoring wells and/or boring locations, and F.) remediation of subsurface soil, groundwater, and/or vapor conditions. If Armstrong proposes invasive activities substantially different in nature from the Work, the City will be given advanced notice under paragraph 7 below. 3. SE Sciences will conduct the Work in accordance with all applicable federal and state safety requirements. When SE Sciences is finished with the soil boring activities, it shall plug the entire soil boring with bentonite clay and restore the area to its condition existing prior to the installation of the soil boring. Central Region Office • 10475 Crosspoint Boulevard, Fishers, IN 46256 • 317.813.5026 Phone • 812.945.0735 Fax • www.sesciences.com, Contract No. 128-2020 4. If groundwater monitoring wells are installed on the Properties, SE Sciences will install the wells flush with the ground surface, will have locked caps, and will be abandoned by SE Sciences pursuant to all applicable rules of IDEM and/or the Indiana Department of Natural Resources and any other applicable regulatory authority. Upon abandonment of the wells, the ground surface will be restored to the condition encountered before the installation of the monitoring wells. 5. SE Sciences will properly characterize, store, and dispose of any potentially contaminated soils or groundwater that it removes from the Properties. Also, SE Sciences will properly characterize, store and dispose of all soil cutting, purge water or other potentially contaminated media brought to the surface by it or its subcontractors, and will not deposit or dispose of such contaminated media on the Properties. 6. Armstrong will be solely responsible for the cost of the Work performed by SE Sciences under the terms of this Agreement. 7. The City of Richmond will be notified at least 48 hours in advance of the commencement of any of the Work and/or of any deviation of the Work schedule. 8. The granting of this permission by the City is not intended, nor should it be construed, as an admission of liability on the part of the City or the City's successors or assigns for any contamination discovered on the Properties. 9. Armstrong and SE Sciences (including SE Sciences' subcontractors) shall enter the Properties at their own risk, and City shall not be held responsible or liable for injury, death, or loss incurred arising out of or in connection with the Work or any activities conducted under this Site Access Agreement, except to the extent any injury is caused due to the acts or omissions of the City, any lessee of the Properties, or any employee or agent of the City. 10. SE Sciences agrees to procure and pay for, during the term of this Agreement and any extension thereof, standard fire and extended coverage insurance in an amount fully covering any improvements constructed on, over, or below said Properties. SE Sciences shall also maintain and provide general liability insurance for the benefit of both the City in a sum of at least $1,000,000.00 dollars per person and $2,000,000 dollars per occurrence, during the term of this Agreement and extension thereof, covering any acts of operation by SE Sciences or its respective agents/ subcontractors. 11. SE Sciences shall timely supply to City all data derived from the Work conducted or the environmental investigation and/or remediation activities conducted at the Properties, including a finalized report that reports the data to IDEM. 12. In exercising its access privileges, SE Sciences shall take reasonable steps not to interfere with the City's operations on the Properties. 13. Any party to this Agreement may terminate this Agreement by giving two (2) months advanced written notice to all other parties, or all parties may terminate the Agreement at any time by written agreement. Page 12 14. Any person executing this Agreement in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Agreement. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety r - f By: J�A ' wi4�4� Vicki Robinson, President By: "SE Sciences" SPECIALTY EARTH SCIENCES, LLC 10475 Crosspoint Boulevard Fishers, IN 46256 Printed: P. Cory Smith APPROVED: t vi . S Mayor Date: "ARMSTRONG" ARMSTRONG CLEANERS, INC. D/B/A ARMSTRONG CLEANERS & FORMAL WEAR 1019 North A Street Richmond, IN 47374 is olas Gahl, a Attorney for Armstrong Cleaners Date: 4 t I i -" / ?� Page 13 Title: Sr. Project Manager Date: November 17, 2020 _> Lm� to m �•az rL vi a Q E� w W a o C9� LLLLE N J rn E N ¢U N Z� (: m U N U g $ y a"i� m J Z n_Q `� o o 3 n ° a E �.E o ° aQ CC� � tit mb h b b z S gg € E p i CO (� U< rnY <' O N LD s$ i 9 a 0 ¢ O o U Z Z N� ^ oa � w e - e IWO � � v4'� � 4 l � � Iq � Sam •s Lq ui It A `m l I L 3r t i a ,n _t ec� f �<•" 3 m L_j F FC f L.Eq •,.. . Km, } 44 ate• -•a.., - �3aGs \uoll < 3'rv,� o��Gs wnL rLirGON W (_' ,� °. as `' ' • �� a �:�� . I ' LEA k' �.�' , � � "� ';.•,p ,4a�T �,a � .. ,. c� 1 �j..k: OZOZp]l01"MON S'l .11�b�,6 tlVLnN 6lOL soVml] ulN GGE925GLOl\ae+`J IIV�`JlSiN3I1]\�3