Authorization for Entry - Sewer Vapor Sampling – Stantec Consulting Services

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shall restore said property to its original state or better as soon as practical upon the completion of the sampling. 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, Stantec agrees and undertakes to hold the Civil City of South Bend, Indiana, Board of Public Works, their agents and employees, free and harmless from any liability, loss, costs, damages or expenses, including attorneys fees caused by the Work, which the Civil City of South Bend or the Board of Public Works may suffer or occurs as the result of any claims or actions that may be brought by a person arising out of the approval of this request by the Board of Public Works. 6. Stantec shall abide by all other laws of the United States, State of Indiana, and the City of South Bend in performing the work in the City of South Bend. Stantec shall submit for prior approval a traffic control plan prior to obstructing any public street in the City of South Bend. 7. This authority is limited to the scope of work described on Exhibit "A" attached hereto and incorporated herein. 8. The sewer vapor sampling shall not abandon any permanent structures or devices in the right-of-way unless otherwise agreed by the City in writing or as od-ferwise directed pra p eriy caused during t h e s e w e r v a p o r s a in p l i n g 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 land, Stantec shall deliver to the Clerk of the Board of Public Works a Certificate of Insurance listing the City of South Bend as an additional insured, which insurance shall be in the amount of One Million Dollars ($1,000,000) aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. Stantec has heretofore posted a Five Thousand Dollar ($5,000) performance bond. When Stantec notifies the City that the sampling is complete, South Bend will inspect the area and, if satisfied that there has been compliance with Paragraph 8 of this document, the bond and insurance may be cancelled. 10. In further consideration for the approval by the City of this Agreement Authorizing Entry Upon Public Property for Sewer Vapor Sampling Purposes, Stantec shall provide the City with an annual fact sheet summarizing the testing performed and the resulting findings including, but not limited to, a listing of contaminates of concern, the extent of such contaminates and the direction of any contamination that is determined to be migrating to or away from the testing area. Such annual summary shall be submitted on or before December .fst of each year during the life of this agreement and delivered to the Director of Public Works = West Jefferson, 13' Floor, County -City Building, out end In3iana 46601. Further, Stantec agrees that upon the request of the City, Stantec shall make available to the City the results of the testing. Such access shall be granted at a reasonable place and time.