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<br />.8. <br /> <br />Any utilities or facilities modified or added to those provisions presently made in the plans and <br />specifications may be incorporated in the construction contract by supplemental agreement and shall <br />be paid for as specified in the supplemental agreement. Design and construction engineering fees for <br />additions shall be negotiated at the time of supplemental agreement preparation. <br /> <br />9. The City shall reimburse the County for engineering costs incurred on its share of project 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 contract award. <br /> <br />10. The City shall reimburse the Connty for engineering costs incurred on its share of project <br />construction, as set forth in Exhibit A, as a construction engineering fee. Said fee shall be 10% of <br />item costs for which the City is responsible for, as determined upon completion of the project, with <br />the exception of those items related to utility betterments. The construction engineering fee borne by <br />the City on utility betterments shall be 2% of construction costs, as determined by final contract <br />amounts. <br /> <br />11. Throughout project design and construction, the County shall prepare partial cost and payment <br />estimates for preliminary engineering fees, construction costs, and construction engineering fees and, <br />at appropriate intervals, notifY the City of its share of the costs for the City's items of work. City shall <br />pay its share of engineering fees and construction costs within twenty one calendar days of receipt of <br />County invoice. <br /> <br />. 12. The City shall pay to the County all additional remaining costs for its share of the work upon <br />notification by the County of the fmal amounts due to the contractor. <br /> <br />13. All payments by the City shall be to the Treasurer of Ramsey County, Minnesota. <br /> <br />14. City and the County agree to indemnifY each other and hold each other harmless from any and all <br />clairns, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but <br />not limited to, interest involved therein and attorneys' fees and costs and expenses connected <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 of the manner in which 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 ofIiability available at Minnesota Statute <br />Chapter 466 and other applicable law. <br /> <br />. <br /> <br />PW2003-04-3 <br />