08-09-2000 Council Agenda - Laserfiche WebLink

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3.06 Project Management Responsibility. The City shall be responsible to furnish or secure, administer, and manage all labor, material, equipment, and support for the accomplishment of the Project. Under the terms of this agreement, the City has and retains full control and supervision of the services and full control over the employment, direct compensation and discharge of all persons assisting in the performance of its services under this agreement. The City agrees to be solely responsible for all matters relating to payment of employees, including compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons and Third Party Contractors employed by the City in the performance of any work or services required or provided under this agreement, shall not be considered employees of the Council and that any and all claims that may arise under the Worker's Compensation Act 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 the City's or any Third Party Contractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 3.07 Ownership. Notwithstanding the payment of funds by the Council, upon completion of the Project, the City shall take ownership and responsibility for maintenance of all street lighting and planters installed by the Council as part of this Project. In addition, the City retains ownership of all street right of way improved as part of this Project. The Council will retain ownership of the passenger waiting shelters, and all appurtenances related to the shelters, installed by the Council as part of this Project. IV. PAYMENT OF PROJECT COSTS 4.01 Council Funding Contribution. The Council will pay all costs associated with the City's construction of this Project, in an amount not to exceed $100,000.00, which does not include costs for purchase or installation of passenger waiting shelters or other costs incurred directly by the Council in design, construction, or completion of the Project. Page 24