Authorization for Entry Agreement - Drilling Purposes Along St. Joseph River Soil Borings

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5. In consideration for the approval of this Agreement by the City, Geotill, on behalf of itself and its contractors (including but not limited to Campos EPC, LLC), 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. Geotill shall cause any and all subcontractors to, abide by all applicable laws, ordinances and regulations of the Federal Government, State of Indiana, and the City of South Bend, Indiana in performing the Work. Geotill shall, submit for prior approval a traffic control plan prior to obstructing any public street in the City. 7. The authority granted to Geotill, any other agents, consultants and employees, under this Agreement is limited to the scope of work described herein, a s amended, and as shown on Figure 1 attached hereto and incorporated herein. 8. Prior to any entry on the Property to perform the Work, Geotill will 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 One Million Dollars ($1,000,000) in the aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. 9. When Geotill notifies the Board of Public Works that geotechnical soil drilling has been done, the City will inspect the work and, if satisfied that there has been compliance with their specifications, the bond and insurance may be cancelled. 10. In further consideration of the approval of this Agreement, Geotill shall provide the City a copy of any documentation submitted to IDEM containing the results of the sampling or testing performed pursuant to this Agreement, including but not limited to an annual fact sheet summarizing the testing performed, a list of contaminants, if discovered, the extent of such contaminants and the migration direction of such contaminants. All notices or other documentation shall be sent to the City of South Bend Engineering Department, C/O City Engineer. 227 West Jefferson Blvd. 13th Floor. South Bend, Indiana 46601. 11. It is also agreed that Geotill 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]