10-13-1997 Council Packet - Laserfiche WebLink

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Agreement No. PW 36-08-97 CSAH 6; C.P. 9767 maintenance, restoration, repair or replacement within a specified period as may be deemed appropriate and reasonable by the County Engineer, taking into account the nature of the work. Furthermore, the County reserves the right to close and/or otherwise restrict the use of said underpass if the City does not accomplish any such maintenance, restoration, repair or replacement as directed by the County. In the event the City does not perform any such maintenance, restoration, repair or replacement within the specified period, as may be required by the County Engineer, the County will perform any such maintenance, restoration, repair or replacement and invoice the City for the work performed. . 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. The County’s and the City’s liability is governed by the provisions of Minnesota Statutes, Chapter 446. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers’ Compensation Act or the Minnesota Economic Security Law 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 County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of - 3 -