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<br />9, Upon completion of the project, the City shall own, maintain, and replace as needed all specialty
<br />landscape features as identified in Cost Participation Groups or as later eonstrueted by the City by
<br />separate contract such as speeialty plants, noise wall treatments, irrigation equipment, lighting, ete,
<br />Any modifications to those materials shall be subject to County approval.
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<br />10, Any utilities or facilities modified or added to those provisions presently made in the plans and
<br />specifications may be ineorporated in the eonstruetion contract by supplemental agreement and shall
<br />be paid for as speeified in the supplemental agreement, Design and eonstruetion engineering fees for
<br />additions shall be negotiated at the time of supplemental agreement preparation,
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<br />11. The City shall reimburse the County for engineering costs incurred on its share of projeet design and
<br />administration, as set forth in Exhibit A, as a preliminary engineering fee, Said fee shall be 10% of
<br />item costs for which the City is responsible for, as determined at the time of eontraet award.
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<br />12, The City shall reimburse the County for engineering costs ineurred on its share of project
<br />eonstruction, as set forth in Exhibit A, as a construetion engineering fee, Said fee shall be 10% of
<br />item costs for which the City is responsible for, as determined upon completion ofthe projeet,
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<br />13, Throughout projeet design and eonstruction, the County shall prepare partial eost and payment
<br />estimates for preliminary engineering fees, construetion eosts, and eonstruetion engineering fees and,
<br />at appropriate intervals, notify the City of its share of the eosts for the City's items of work, The City
<br />shall pay its share of engineering fees and construction costs upon receipt of County invoice,
<br />Invoices received by the 10th of the month shall be paid within 30 days, or by the end of the month,
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<br />14, The City shall pay to the County all additional remaining eosts for its share of the work upon
<br />notification by the County of the final amounts due to the contraetor,
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<br />15, All payments by the City shall be to the Treasurer of Ramsey County, Minnesota.
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<br />16, The City and the County agree to indemnify each other and hold each other harmless from any and
<br />all claims, causes of action, lawsuits, judgments, eharges, demands, costs and expenses including,
<br />but not limited to, interest involved therein and attorneys' fees and eosts and expenses conneeted
<br />therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this
<br />agreement or for damages caused to third parties as a result ofthe manner in whieh the City or the
<br />County perform or fail to perform duties imposed on each party by the terms of this agreement.
<br />Nothing herein will constitute a waiver oflimitations ofliability available at Minnesota Statute
<br />Chapter 466 and other applieable law,
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<br />99011-3
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