08-23-2000 Council Agenda - Laserfiche WebLink

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Notwithstanding the foregoing, if at any time after August 15, 2003, the City approves a development of the area on the north side of Little Canada, which development would include the street right of way along First Bank Drive between Middle Street and Market Place Drive where the Interim Rice Street and Little Canada Transit Hub (herein "facility") is located, then the Council and City agree to relocate the facility on other street right of way within the area. The exact location shall be mutually agreeable to both parties. The City shall give six (6) months written notice to the Council prior to the relocation of the facility. The Council would pay the costs of the relocation of the shelters. The City would pay the costs of the relocation of street lights, planters, and any related road improvements. 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 govemed 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 Page 140