09-24-2018 Council Meeting Packet

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d. Storage / Stockpile of Soils The County grants the City the right to stockpile and store unclassified earthen materials from the Project on county park property, in the location legally described in Exhibit D1 and depicted in Exhibit D2, attached hereto. No construction materials or debris shall be placed within the stockpile. The County shall have the right to use the stockpiled soils for its own use without payment or other consideration to the City. The City is not required to remove the stockpiled soils at the end of the Project. e. Protection & Restoration Activities The City shall protect all trees that will be saved within the grading limits and within the stockpile area identified herein, as referenced on plan sheets 50 and 69 of the approved plans, that currently exist on park property and may be impacted by the Project. Protection of trees shall include use of construction fencing placed at or near the dripline of the subject trees. The City shall restore, at its own cost, all areas of County property that are disturbed or damaged during the Project, including the County park land and regional trail, if impacted. Any damaged areas will be restored to Anoka County’s specifications. IV. TERM / TERMINATION This Agreement shall become effective immediately upon signing, and will remain in effect until the Project and all restoration activities are completed, with exception of the ownership and maintenance provisions in Section VII., which shall continue indefinitely. V. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to State laws. All contracts shall require payment and performance bonds in the full amount of the contract naming both the City and the County as beneficiaries. All contracts shall contain the following indemnification paragraph: The Contractor shall, to the greatest extent permitted by law, hold harmless, indemnify, and defend the County, its commissioners, officers, agents and employees against any and all claims, expenses (including attorneys’ fees), losses, damages or lawsuits for damages arising from or related to the services to be provided under this Agreement, including but not limited to the negligence of the Contractor or any entity or person for which the Contractor is legally responsible. All contracts shall include the insurance requirements as set forth in Exhibit E, which is attached hereto and incorporated herein, including but not limited to the requirement that the County of Anoka be listed as an additional insured under the selected Contractor’s commercial general liability policy. The City’s current insurance policy was reviewed by the County’s risk management department and the coverage is determined to be acceptable for this Project.