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<br /> Page 3 of 5 <br /> <br /> <br />c. Construction engineering/contract administration shall be based on the contractor’s unit prices <br />and final quantities at Project completion including all contract changes and liquidated damages. <br /> <br />F. PAYMENT <br />1. Construction and Construction Engineering/Contract Administration <br />a. After the County has awarded the construction contract, the County shall update Exhibit B to <br />conform the Exhibit to the amounts in the awarded bid and shall invoice the City 10 percent of the <br />City's estimated construction and construction engineering/contract administration cost based on <br />the updated Exhibit B. <br />b. During construction, the County shall submit to the City partial estimates of work performed by the <br />contractor. The City shall pay to the County its share of the partial estimate as determined in Section <br />F. <br />c. Upon substantial completion of the work the County shall submit to the City a final invoice and final <br />reconciliation of costs. The reconciliation will add or subtract contract amendments to the City’s <br />Project components, adjustments for liquidated damages pursuant to Section I., and previous <br />Project cost payments made by the City to the County. <br />2. The costs set forth in Table 1 for design engineering shall be a separate line item on the invoice and paid <br />by the City on a reimbursable basis. <br />3. In the event that the City paid more in advance than the actual cost of the City’s portion of the Project, <br />the County shall refund without interest the amount to the City. <br />4. The City shall pay 100 percent of an invoice amount within thirty (30) days of receipt. <br /> <br />G. CONTRACT CHANGES <br />Any modifications or additions to the final approved plans and/or specifications of the Project shall be made <br />part of the construction contract through a written amendment to the construction contract and the cost <br />for such changes shall be appropriated as set forth in Section F. of this Agreement. <br /> <br />H. LIQUIDATED DAMAGES <br />Any liquidated damages assessed to the contractor in connection with the work performed on the Project <br />shall be used to adjust the project completion costs thus adjusting the City’s construction <br />engineering/contract administration costs as stated in E.4.c. No adjustment to construction costs will be <br />made to the City’s portion of the Project in the event of liquidated damages. <br /> <br />I. CONDITIONS <br />The City shall not assess or otherwise recover any portion of its cost for this Project through special <br />assessment of County-owned property. <br /> <br />J. CIVIL RIGHTS AND NON-DISCRIMINATION <br />The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and <br />discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of <br />any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. <br /> <br />K. WORKERS COMPENSATION <br />It is hereby understood and agreed that any and all employees of the City and all other persons employed by <br />the City in the performance of construction and/or construction engineering work or services required or <br />provided for under this Agreement shall not be considered employees of the County and that any and all <br />claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of <br />said employees while so engaged and any and all claims made by any third parties as a consequence of any