Authorization, Access & Indemnification Agreement - Cross Bore Safety Initiative

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AUTHORIZATION ACCESS AND INDEMNIFICATION AGREEMENT This AUTHORIZATION, ACCESS AND INDEMNIFICATION AGREEEMENT (the "Agreement") is made and entered into this 30th day of January 2023 (the "Effective Date"), by and between the City of South Bend, Indiana, a municipal corporation, by and through its Board of Public Works (hereinafter, the "City"), and Northern Indiana Public Service Company ("NIPSCO"). The City and NIPSCO are sometimes collectively referred to herein as the "Parties" and individually as a "Party". RECITALS: WHEREAS, the City owns and operates a network of sanitary, storm, and combined sewer pipes that carry storm water and sanitary sewage to the City's water pollution control plant; and WHEREAS, NIPSCO owns and operates a network of underground gas facilities that provide natural gas service to customers in and around northern Indiana, including the region where the City is located; and WHEREAS, prior to extending gas service to new locations and/or new customers, NIPSCO has developed a process that involves televising sewer pipes to verify the location of such pipes and identify any existing damage from cross bores; and WHEREAS, following the extension of service, NIPSCO re -checks the sewer pipes to ensure that no new damage was caused by cross bores; and WHEREAS, NIPSCO has requested permission to televise the City's sewer pipes in order to perform the foregoing functions, including verification of sewer pipe location and identification of damage caused by cross bores; and WHEREAS, by allowing NIPSCO to televise Its pipes, the City can identify pipes in need of repair, which can help the City maintain the integrity of its sewer system and prevent the dangerous infiltration of gas into its system; and WHEREAS, the City believes it is in its best interest to authorize NIPSCO to televise the City's sewer pipes for the reasons stated above. AGREEMENT,• NOW, THEREFORE, for and in consideration of mutual promises and undertakings set forth herein, the City and NIPSCO agree as follows: 1. The Project. The project contemplated by this Agreement ("Project") consists of NIPSCO televising City -owned sewer piping as part of its process of extending gas service to new locations and/or customers. NIPSCO shall execute its responsibilities as to the Project in a good, safe, and workman like manner, and