01-09-08 Council Agenda - Laserfiche WebLink

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JOINT POWERS AGREEMENT For the Trail and Boardwalk Extension Final Payment and Acceptance Prior to final payment, the parties will conduct a final review of the project to determine the final acceptance of the project from the contractor. Upon recommendation from Sanders Wacker Bergly, Inc. and final acceptance of the work by each respective City Staff designee, a final payment will be made to the Contractor. Insurance Each party shall maintain in full force and effect liability insurance in the amount of One Million Dollars ($1,000,000) for any number of claims arising out of a single occurrence. The intent of the insurance requirements of this provision is to impose on each party a limited duty to defend and indemnify the other party for claims arising as a result of this Agreement, subject to the limits of liability under Minnesota Statutes Chapter 466. Under no circumstances shall either party be required to pay on behalf of itself any amounts in excess of the limits of liability as set forth in Minnesota Statutes Chapter 466 applicable only to one party. The limits of liability for either of the parties may not be added together to determine the maximum amount of liability for either party. Indemnity Each party agrees to defend, indemnify and hold harmless the other party from all claims, actions, proceedings and costs (including reasonable attorney's fees and costs of suit), including liens and any accident, injury, loss or damage whatsoever occurring to any person or to the property of any person arising after the completion of the construction of the project, or arising out of this Agreement; provided, however, that the foregoing shall not be applicable to events or circumstances caused by the negligence or willful act or omission of such indemnified party, its licensees, agents, servants, employees or anyone claiming by, through or under any of them. Under no circumstances, however, shall either party be required to pay any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466. Management and Maintenance Each city shall be responsible for the management and maintenance of that portion of the trail and boardwalk that is within their respective city after the project is completed. Each City warrants to the other that it will take all reasonable steps to ensure that the trail is maintained to appropriate standards to protect trail users from injury during reasonable and appropriate usage of the trail segment constructed under this agreement. Should one City feel the other is not maintaining its portion of the trail to appropriate standards, that City shall notify the other city in writing of the specific concerns. The City with the alleged deficiencies shall respond to the accusing City within 15 days of receipt of the notice of its position on the matter and specific plans for correction or why no action is appropriate. Should the accusing City not be in agreement with the other City, then both Page 4 of 7