08-10-11 Council Agenda - Laserfiche WebLink

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Agreement, Little Canada shall provide Met Council a complete set of reproducible record drawings. All data collected, created, received, maintained or disseminated for any purpose by the. activities of Little Canada and Met Council pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereinafter adopted. V. All employees of Little Canada and all other persons engaged by Little Canada in the performance of any work or services required or provided for herein to be performed by Little Canada shall not be considered employees of the Council, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. VI. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. Little Canada's and the Council's liability is governed by the provisions of Minnesota Statutes Chapter 466. Little Canada and the Council each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance of self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. Little Canada further agrees that any contract let by Little Canada for the performance of the L 10 Gravity Pipe System Project as provided herein shall include clauses that will: 1) require the contractor to defend, indemnify, and save harmless the Council, its officers, agents and employees from claims, suits , demands, damages, judgments, costs, interest, expenses, including, without limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof arising out of or by reason of the negligence of said contractor, its officers, employees, agents or subcontractors; 2) require the contractor to provide and maintain insurance as required in the contract documents between Little Canada and the contractor and to provide the Council, also as required in the contract documents between Little Canada and the contractor, with Certificates of Insurance naming the Council as additional insured; and 3) require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. 8 10