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<br />& Red Fox Road, 89031-Lexington Avenue & 1-694 SIN Ramps between the City and County and <br />Shoreview; and <br /> <br />WHEREAS, the project includes, in addition to other things, EVP installation; <br /> <br />NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: <br /> <br />1. Prior to construction, the County shall first receive concurrence from the City for the City's <br />participation in the cost of construction. <br /> <br />2. The County shall perform or contract the performance of the construction inspection. <br /> <br />3. All City owned rights of way and easements within the limits of the project are hereby <br />granted to the County for project use during construction. <br /> <br />4. All County owned rights of way and easements within the limits of the project are hereby <br />granted to the City for project use during construction. <br /> <br />5. The County and City shall participate in the costs of construction in accordance with the <br />adopted Ramsey County Public Works cost participation policy. <br /> <br />6. The City shall reimburse the County 50% of the cost of the EVP installation at Lexington <br />Avenue & 1-694 South and North Ramps, Lexington Avenue & Grey Fox Road and Lexington & <br />Red Fox Road. <br /> <br />7. The City shall reimburse the County 100% of the cost of the EVP installation at County <br />Road E & TH 51 East and West Ramps and County Road E & Pine Tree Drive. <br /> <br />8. The estimated construction cost of the project for Arden Hills is $23,500.00. The costs will <br />be paid by Municipal State Aid Highway funds. <br /> <br />9. Upon substantial completion of the work, the County shall prepare a revised estimate of <br />cost participation breakdown based upon the contract unit prices and the actual units of work <br />estimated to have been performed and submit a copy to the City. <br /> <br />10. The City shall reimburse the County eight percent (8%) of its share of the construction cost <br />as determined by the final amount due the contractor as a construction engineering fee. <br /> <br />11. The City and County shall indemnify, defend and hold each other harmless against any and <br />all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which <br />the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be <br />required to pay, arising out of or by reason of any act or omission of the indemnifying party, its <br />officials, agents or employees, in the execution, performance, or failure to adequately perform the <br />indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall <br />constitute a waiver by the County or the City of any statutory or common law immunities, limits, or <br />exceptions on liability. <br /> <br />PW 2009-13 <br /> <br />2 <br />