2006-095 Council Resolution - Laserfiche WebLink

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• • II. NEW TRAIL SEGMENTS Subject to the terms and conditions contained herein, the County hereby grants to the City a license to construct, maintain, and operate the New City Trail on County park property as indicated in Exhibit A. I11. CONSTRUCTION AND MAINTENANCE OF TRAIL SEGMENTS The City shall, at its sole cost and expense, be responsible for the cost of construction of the New City Trail and for any and all maintenance and repair of the New City Trail and Existing City Trail. IV. INSURANCE Prior to the construction of the New City Trail, the City and /or its contractor shall procure and maintain in full force and effect during the term of the construction and for a period of orie year thereafter, insurance coverage fora injuries to persons or damages to property which may arise from ,or in connection with the performance of the work by the City and /or the City's contractors, their agents; representatives, or employees. The insurance coverage shall satisfy the requirements set forth in Exhibit B, which is attached hereto and incorporated herein. V. PERFORMANCE AND PAYMENT BONDS Prior to the beginning of construction of the New City Trail, the City and /or its contractors 'shall furnish bonds covering the faithful performance of the agreement between the City and /or its contractor and the payment of all obligations arising thereunder.- The bonds shall be written in the form of Performance Bond and Labor and Material Payment Bond, AIA Document A311, February 1970 Edition, or Performance Bond and Labor and Material Payment Bond, AIA Document A312, December 1984 Edition. The bonds shall be written with such sureties secured through the City or the City's contractor's usual resources as may be agreeable to the parties. In addition, the sureties shall be authorized to conduct surety business in the state in which the project is located, and the sureties and any reinsuring companies shall be listed in the current Department of the Treasury Circular No. 570 with an underwriting limitation equal to or greater than the penal sum of the bonds to be furnished. VI. INDEMNIFICATION The City shall indemnify, defend, save, and hold harmless the County, its officers, commissioners, employees, servants, and agents for any claims or suit made by any third party against the County based upon any use or activities occurring on or about the Existing City Trail and /or New City Trail, including but not limited to any claim and /or damages arising from or related to construction and /or maintenance thereof. This indemnification shall not apply to any negligent acts or omissions by the County, its officer, commissioners, employees, servants, and agents. 2