CCP 02-10-1997 - Laserfiche WebLink

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,- --. -- - - - I. 9. Upon completion of the project, the City shall own, maintain, and replace as needed all specialty landscape features as identified in Cost Participation Group or as later constructed by the City by I separate eontract.such as. Any modifications to those materials shaJj be subject to County approval. I 10. Any utilities or facilities modified or added to those provisions presently made in the plans and specifications may be incorporated in the construction contract by supplemental agreement and shaJj be paid for as specified in the supplemental agreement. Design and construction engineering fees for I additions shall be negotiated at the time of supplemental agreement preparation. 11. The City shall reimburse the County for actual engineering costs ineurred on its share of projeet I design and administration, a,s set forth in Exhibit A, as a preliminary engineering fee. The City share shall be identified in partial eost estimates prepared by the County up to the time of eontract award. The preliminary engineering cost borne by the City, as a percentage of its share of construction costs I minus utility betterments, as determined at thc time of contract award, shall not exceed the maximum percentage allowed the County by State Aid. The preliminary engineering fee borne by the City on utility betterments shall be 2% of construction costs, as determined at the time of contract award. I 12. The City shaJj reimburse the County for actual engineering costs incurred on its share of project constmction, as set forth in Exhibit A, as a construction engineering fee. The constmction I engineering fee borne by the City, as a percentage of its share of construction costs, minus utility betterments and the City share of specialty landscape treatments as determined by final contract amounts, shall not exceed the maximum percentage allowed the County by State Aid. The I. constmction engineering fee borne by the City on utility betterments and its share of other median landscape treatments shall be 2% of construction costs, as determined by final contract amounts. I 13. Throughout project design and constmction, the County shall prepare partial cost and payment estimates for preliminary engineering fees, construction costs, and construction engineering fees and, I at appropriate intervals, notify the City of its share of the costs for the City's items of work. City shall pay its share of engineering fees and construction costs within twenty-one calendar days of receipt of County invoice. I 14. The City shall pay to the County all additional remaining costs for its share of the work upon notification by the County of the final amounts due to the contractor. I 15. All payments by the City shall be to the Treasurer of Ramsey County, Minnesota. I 16. City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including. but not limited to, interest invol ved therein and attomeys' fees and costs and expenses connected I therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each pa11y by the terms of this agreement. I Nothing herein will constitute a waiver of limitations of liability available at Minnesota Statute Chapter 466 and other applicable law, ~ I 95010-3