MOU - Pedestrian Walkway & Island on LaSalle Ave. – Board of Commissions of St. Joe Co.

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Section 3. Construction Costs. The City shall administer the Project and shall bear responsibility for all costs associated with the design, construction, inspection, and upkeep of the Project. In addition, the City shall provide ongoing maintenance over the approach to the Bridge for a period of five (5) years. The City shall use its best efforts during construction not to disrupt the integrity of the Bridge. Should the City cause damage to the Bridge or otherwise disrupt the integrity of the Bridge during the work related to the Project, the City shall be financially responsible for any and all repairs needed to the Bridge to restore the Bridge to its present state. Any dispute over damage to the Bridge or the cause of the alleged damage of the Bridge shall be determined by a 3rd party consultant. The 3rd party consultant shall be mutually agreed upon by both the City and the County and will deliver a report which will serve as the basis for determining liability. The cost of the 3rd party consultant shall be shared equally unless the Project undertaken by the City is determined to have been the source of the damage in which case the City shall pay the expense for the 3rd party consultant. Section 4. Risk and Indemnity. It is understood that the City’s right of access to the Bridge hereunder shall be at the sole risk of the City, its employees, contractors and agents, and that all work and activities carried out by the City, its employees, contractors, and agents, in th e course of the Project, shall be performed in a safe manner with such care and diligence as is necessary to avoid injury (including death) to persons, or damage to property. As additional consideration for the right of access to the Bridge hereunder, the City agrees to indemnify, hold harmless and defend the County from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, or expense of whatsoever kind and nature, unless such cause of action relates to a pre-existing condition on the Bridge, including attorneys’ fees, which the County may suffer or incur by reason of bodily injury, including death, to any person or persons, arising out of or in any manner connected with the work related to the Project, or which the County may sustain or incur in connection with any litigation, investigation or other expenditures incident thereto, including any suit instituted to enforce the obligations of this agreement of indemnity, due in whole or in part to any act, omission, or negligence of the City, or its employees, contractors, or agents. In the event the injuries, including death or damages are due to the sole negligence of the County or its employees, contractors, or agents, then and only then shall the City not be liable under the provisions of this paragraph. Section 5. Right of Review. The County shall have the right to review and provide reasonable feedback to the City, and its agents, regarding the Project, its design, scope, and location. Section 6. LaSalle Bridge. The County shall provide the City with any renderings of the Bridge and any existing inspection reports which it may possess which the City shall use to determine the integrity of the Bridge immediately adjacent to the approach on LaSalle Avenue where the walkway and island will be constructed prior to the start of the Project. Section 7. Project Bidding. The parties hereto agree that Project will be bid in a manner consistent with Indiana Code and will be subject to any and all City Ordinances.