Agenda - Parks and Recreation Commission - 08/17/2016

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B. Performance Bond, Surety and Escrow. City Council does not require a Performance Bond, Surety and Escrow. C. Failure to Construct, and Continuous Progress. The grant to construct the improvements shall expire if ARRA has not commenced and substantially completed construction of the project on or before December 31, 2016. Additionally, once the construction commences, the progress shall be continuous (barring inclement weather), and the site shall be inspected the end of each work shift for site security with added attention to public safety in a park known to host unattended children. D. Condition of Premises not Warranted. The City does not warranty any aspect of the project and ARAA assumes all risk with respect to the construction of the named improvements. More specifically, the City shall have no special responsibility with regard to any failure of or damage to ARAA's improvements within the park; before or after the donation. E. Construction, Licensure and Insurance. ARAA' contractors or vendors working on city property shall be licensed or permitted to work in the city; and they shall be properly insured with the City receiving a certificate of insurance before any work is performed. Further, and separate from the construction process and period,both the City and ARAA shall maintain appropriate insurance consistent with past practices. F. Pre-Construction Meeting and Inspections. ARAA shall be responsible for scheduling a preconstruction meeting at the site with appropriate trades and the City, and also responsible for the scheduling of inspections by the City as needed or required. G. 'UpgKades'. In the event ARAA desires'upgrades' to the agreed to improvements, it shall be responsible to install at its expense these changes or improvements upon approval by the City. H. Indemnification. ARAA shall defend, indemnify and hold harmless the City and its officers, employees and agents from and against any and all claims, demands, actions, and causes of action, including expenses, reasonable attorneys' fees, and costs of alternative dispute resolution, arising out of or related to ARAA's construction and maintenance of the named improvements within Central Park, including,but limited to mechanic's liens. I. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota, and Code and Charter of the City of Ramsey. J. Entire Agreement. This Agreement shall constitute the entire agreement of the parties, including any detail specifically approved by City Council, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.