O-1991-1763 - Laserfiche WebLink

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e e 2. Indemnify, defend and hold the State harmless from any and all claims and lawsuits by third parties arising from, or incident to the performance, or failure of performance of the City, its officers, employees or agents under this Agreement to the extent allowed by state Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right, at it's option and expense, to participate in the defense of any suit, without relieving the City of any obligation hereunder. 3. Provide the Project Design Plan and details. 4. Furnish all labor and materials required to fully install the construction materials and plant material furnished by the State. This shall include but not be limited to saw cutting equipment for removal of concrete 5'x5' squares in existing walks, removal of any base material and replacement with topsoil, soil amendments, and fertilizers or root stimulator. 5. Not erect any benches in association with the tree grates installed on this project. 6. Assume all maintenance activities for the Project following installation, including pruning, regular watering, and inspection of plant material for pests and the proper treatment thereof. Also, the maintenance shall include repair and/or replacement as necessary of the wooden tree grates. 7. Furnish, erect and maintain any barricades, signs and traffic handling devices, in accordance with the latest Manual of Uniform Traffic Control Devices, and to the satisfaction of the state, as may be required to protect the safety of the travelling public while performing any work on the project under this agreement. REMAINDER OF PAGE LEFT BLANK Page 3 of 7 Draft, D-18L, 6/11/91