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2009_1221_Packet
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2009_1221_Packet
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1/9/2012 3:19:22 PM
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12/18/2009 2:45:29 PM
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City's maximum contribution shall be $141,983.60. The CRWD shall be responsible for <br />additional costs not paid by the Project Partners. <br />4. Project Management. The CRWD shall manage and direct the Project on its own <br />behalf and on behalf of the City and the Project Partners. The CRWD shall cause to be prepared <br />all construction plans and specifications; shall prepare bid specifications and let the Project for <br />public bidding; shall award the construction and related contracts; shall enter into construction <br />and other contracts on its behalf; and shall direct and manage completion of the Project. <br />5. Extra Work. All extra work orders or changes to the Project made during construction <br />of the Project shall be subject to approval by change order in writing signed by both parties prior <br />to such construction. <br />6. Construction Permits. Any construction permits or other permits required for <br />construction of the Project by either party hereto having jurisdiction on the Project are hereby <br />approved. <br />7. Records and Re�orts/Payment by CitX. All records and costs pertaining to the work to <br />be performed under this Agreement shall be kept by CRWD and City in accordance with the <br />established record keeping and accounting procedures developed by each party. Upon <br />completion of the work, CRWD will submit a payment request to the City, payable in full within <br />sixty (60) days of the billing date. <br />8. Maintenance and Safety During Construction. Maintenance and public safety will be <br />the responsibility of CRWD during the construction phase. <br />9. Emplovees. It is further agreed that any and all employees of CRWD and all other <br />persons engaged by CRWD in the performance of any work or services required, volunteered, or <br />provided for herein to be performed by CRWD, shall not be considered employees of City, and <br />that any and all claims that may arise under the Worker's Compensation Act of the State of <br />Minnesota on behalf of said employees while so engaged, and any and all claims made by any <br />third parties as a consequence of any act or omission on the part of said employees while so <br />engaged on any of the work or services provided to be rendered herein, shall in no way be the <br />obligation or responsibility of City. <br />10. Prior Agreements. All previous agreements regarding stormwater improvements <br />shall remain in effect after the improvements referred to in this Agreement are completed. This <br />Agreement shall have no effect on these earlier maintenance agreements. <br />11. Non-Discrimination. The provisions of Minn. Stat. �181.59, and of any applicable <br />local ordinance relating to Civil Rights and Discrimination, shall be considered a part of this <br />Agreement as if fully set forth herein. This construction Agreement shall remain in effect until <br />the time the construction contract is terminated by CRWD. <br />12. Recitals. The recitals in this Agreement are incorporated into the Agreement and <br />constitute obligations and rights. <br />13. Indemnification. The City and CRWD agree that liability under this Agreement is <br />controlled by Minn. Stat. �471.59, subd. 1a and that the total liability for the participating cities <br />2 <br />
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