Reso 2017-2715 - Laserfiche WebLink

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g. Project Closeout. At the time of substantial completion, CITY shall advise PROS to participate in the substantial completion walk thin in order to jointly complete the punch list items. Before Final Completion can be achieved, all work must be completed and accepted by both the CITY and the COUNTY and the following documents must be attached to the Document Closeout: I . Completed Punch List(s) 2. Electronic copy in pdf format of final approved Operation and Maintenance (O&M) Manuals. 3. As -Built drawings converted to accurate Record Drawings. 4. Written certification signed by the Owner of delivery. 5. Delivery of all warranties required by the Contract Documents 6. All approved building permits and other code certifications. 7. Final and Unconditional Releases of Lien (or a Final Consent of Surety) from City's Contractor. 8. Final and Unconditional Releases of Lien from any vendors, subcontractors, mechanics, laborers, material suppliers, etc. that filed a Notice to Owner for the project. h. The CITY shall coordinate with their Contractor to ensure that any requests for warranty work produced by the COUNTY are timely addressed pursuant to the warranty period established in the CITY's contract. i. The CITY shall have no further legal responsibility or liability with regards to Project Design of the SKATE PARK once Final Completion of the SKATE PARK, as defined in the AGREEMENT between the CITY and Contractor, is completed. 6. Indemnification CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities fiom any and all liability, losses or damages, including attorney's fees and costs of defense, which COUNTY may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent performance or breach of any terms and conditions of this AGREEMENT by CITY. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of the Statute whereby CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which when totaled with all other claims or judgments paid by the Provider arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of CITY. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the COUNTY for the COUNTY's own negligence or breach of its obligations under this AGREEMENT. It is further understood and agreed that the CITY's indemnity obligations do not extend beyond the date of Final Completion of the SKATE PARK, as defined in the AGREEMENT between the CITY and American Ramp Company ("Contractor") to design and build the SKATE PARK. The CITY shall require its Contractor to indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, which COUNTY may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the work undertaken by the Contractor at the PARK. Page 6 01X 63