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Agreement PW2026-13 <br />PW 2026PW-13 Page 3 of 8 <br />4.2.3.Design engineering fees are estimated based on percentages but will be <br />invoiced based on actual costs incurred. <br />4.3.Construction Engineering Costs <br />4.3.1.The County shall pay the City a construction engineering fee equal to 50% <br />of the 12% construction engineering fee for Funding Groups A, B, C, and <br />D. <br />4.3.2.The City is 100% responsible for construction engineering fees for <br />Funding Groups E and F. <br />4.3.3.Construction engineering fees are estimated based on percentages but <br />will be invoiced based on actual costs incurred. <br />4.4.Xcel Energy Lighting Costs <br />4.4.1.The County shall pay the City for 50% of the Xcel Energy lighting costs <br />for Funding Groups A, B, C, and D. <br />4.4.2.The City is 100% responsible for Xcel Energy lighting costs for Funding <br />Groups E and F. <br />4.4.3.Xcel Energy lighting costs are based on estimates provided by Xcel <br />Energy but will be invoiced based on actual costs incurred. <br />4.5.Early Tree Clearing Costs <br />4.5.1.The County shall pay the City for 50% of Early Tree Clearing costs for <br />Funding Groups A, B, C, and D. <br />4.5.2.The City is 100% responsible for Early Tree Clearing costs for Funding <br />Groups E and F. <br />4.5.3.Early tree clearing costs are based on estimates but will be invoiced <br />based on actual costs incurred. <br />5.Payment Schedule <br />5.1.Design engineering will be invoiced at the time of contract award. <br />5.2.Construction engineering will be invoiced quarterly and at the time of <br />substantial project completion, as determined by the County. <br />5.3.Tree clearing and Xcel Lighting costs will be invoiced following their <br />completion. <br />5.4.Payment will be made within 30 days of receipt of an invoice. <br />6.The County grants the City temporary construction permits over all County owned <br />rights-of-way and property within the limits of the Project for use during construction. <br />7.The City and County shall indemnify, defend, and hold each other harmless against <br />any and all liability, losses, costs, damages, expenses, claims, or actions, including <br />attorney’s fees, which the indemnified party, its officials, agents, or employees may <br />hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or