05-05-26 City Council Meeting Packet

Home Browse Search

Page 4 of 6 2. The costs set forth in Table 1 for design engineering and right of way shall be separate line items on the invoice and paid by the City on a reimbursable basis. 3. In the event that the City paid more in advance than the actual cost of the City’s portion of the Project, the County shall refund without interest the amount to the City. 4. The City shall pay 100 percent of an invoice amount within thirty (30) days of receipt. H. CONTRACT CHANGES Any modifications or additions to the final approved plans and/or specifications of the Project shall be made part of the construction contract through a written amendment to the construction contract and the cost for such changes shall be appropriated as set forth in Section F. of this Agreement. As the responsible party for construction administration, the County understands that the City’s project budget is limited and shall therefore endeavor to keep the City informed of project changes that may result in significant cost increases or budget overruns, including right-of-way acquisition costs. The County further understands that total costs appropriated to the City that exceed the City’s Total Estimated Project cost share as shown in Table 1, plus 10% contingency, require City concurrence from the City Administrator. If construction delays occur while waiting for City concurrence that lead to additional project costs, the city shall be responsible to cover these additional project costs. I. LIQUIDATED DAMAGES Any liquidated damages assessed to the contractor in connection with the work performed on the Project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this Project through special assessment of County-owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this Agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County.