Authorizing Entry Upon Public Property Agreement - Drilling Purposes and Revocable Permit – Terracon Consultants, Inc.

Home Browse Search

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.If any improved or paved property is disturbed by the Work, Terracon shall restore said property to its original state or better as practical upon the completion of the installation of the well(s). 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, Terracon, on behalf of itself, 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. 6.Terracon shall abide by all applicable laws of the United States, State of Indiana, and the City in performing the Work. Terracon shall submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7.The authority granted to Terracon any other agents, consultants and employees, under this Agreement is limited to the scope of work described herei n, as amended, and as shown on Figure 1 attached hereto and incorporated herein. 8.The temporary well(s) shall be properly abandoned not later than thirty (30) days following the completion of testing unless otherwise agreed to by the City. After abandonment of the wells, Terracon 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 Property to perform the Work, Terracon 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. 10.When Terracon 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. 11.It is also agreed that Terracon shall apply to the City’s Engineering Division for an excavation permit and shall pay the appropriate fee for said permit. 12.This Agreement shall be governed by the laws of the State of Indiana. [Signatures on following page]