09-10-2003 Council Agenda - Laserfiche WebLink

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This agreement shall be in force and effect as of the date of execution by both parties. The City will complete the Project no later than December 31, 2004. The term of this agreement and of all easements and covenants granted pursuant to this agreement shall remain in effect as provided for in paragraph 5.02 unless otherwise agreed by the parties. At such time that this facility is no longer in regional transit use or in the event that transit service is discontinued at this location for a period exceeding ninety (90) days, Council agrees to remove the passenger waiting shelters, and to perform such work as to leave the site in a satisfactory condition to the City. The ninety (90) day discontinuation of service does not apply to circumstances (ie. construction detours) beyond the control of Council. This work shall be performed within sixty (60) days of Council notice to the City that the Council has ceased regional transit use of the Transit Center. VIII. LIABILITY; INSURANCE With respect to the performance of services by and obligations of the parties for the Project work as required by this agreement, each party agrees that it will be responsible for its own errors, acts, omissions and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The City's and the Council's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The City further agrees that any contract let by the City for the performance of the Project work shall include clauses that will: 1) Require the contractor to defend, indemnify, and save harmless the Council, its members, officers, agents and employees from all claims, suits, demands, damages, judgments, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) arising out of or by reason of the performance of this agreement, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or for anyone whose acts any of them may be liable, except where caused by sole negligence of the Council; 2) Require the contractor to provide and maintain insurance in amounts and types of coverage appropriate to the Project work and to provide to the Council prior to commencement of construction a certificate of insurance evidencing the insurance coverage and 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 appropriate to the Project work. Nothing in -8-