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2.D&T Drilling Co ., acting on behalf of JPR , will drill and install the soil borings
<br />and/or wells in a professional manner in accordance with applicable state laws and regulations,
<br />and shall keep interference with the surrounding property and transportation to a minimum, as is
<br />consistent with such standards.
<br />3.If any improved or paved property is disturbed by the Work, JPR shall restore or cause to
<br />be restored by D&T Drilling Co. or another qualified contractor, said property to its original state or
<br />better as practical upon the completion of the installation of the soil borings and/or well(s).
<br />4.The work to be performed shall not interfere with any existing easement without the
<br />consent of the owner of said easement.
<br />5.In consideration for the approval of this Agreement by the City, David A. Nufer, LLC, on
<br />behalf of itself and its contractors (including but not limited to JPR and D&T Drilling Co.), agents,
<br />employees, successors and assigns, agrees and undertakes to defend, indemnify, and hold harmless the
<br />City its officials, employees, and agents from any and all claims, liability, losses, costs, damages or
<br />expenses, including reasonable costs and attorney’s fees, arising from or related to the Work performed
<br />under this Agreement which the City may suffer.
<br />6.David A. Nufer, LLC shall, and shall cause its contractor JPR to, abide by all applicable
<br />laws of the United States, State of Indiana, and the City in performing the Work. David A. Nufer,
<br />LLC shall, or shall cause JPR on its behalf, to submit for prior approval a traffic control plan prior to
<br />obstructing any public street in the City.
<br />7.The authority granted t o David A. Nufer, LLC, its contractor JPR , any other agents,
<br />consultants and employees, under this Agreement is limited to the scope of work described
<br />herein, as amended, and as shown on Figure 1 attached hereto and incorporated herein.
<br />8.The soil borings and/or monitoring well(s) shall be properly abandoned not later than one
<br />year after a No Further Action (NFA) letter has been issued by IDEM unless otherwise agreed to by
<br />the City in writing or as otherwise directed by IDEM. After abandonment of the wells, David A. Nufer,
<br />LLC shall cause the property in the right-of-way to be restored to its original state or better within
<br />thirty (30) days.
<br />9.Prior to any entry on the Property to perform the Work, David A. Nufer, LLC shall deliver
<br />to or cause D&T Drilling Co. to deliver to the Clerk of the Board of Public Works a Certificate of
<br />Insurance for commercial general liability insurance, listing the City as an additional insured,
<br />which insurance shall be in the amount of not less than Five Million Dollars ($5,000,000) in the
<br />aggregate and One Million dollars ($1,000,000) per occurrence. David A. Nufer, LLC has caused its
<br />contractor, D&T Drilling Co., to post a Thousand Dollars ($1,000.00) performance bond.
<br />10.When David A. Nufer, LLC notifies the Board of Public Works that the soil borings
<br />and/or monitoring well(s) have been removed, the City will inspect the work and, if satisfied that
<br />there has been compliance with paragraph 8, regarding property abandonment of the monitoring well(s),
<br />the bond and insurance may be cancelled.
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