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<br />3 <br /> <br />4.6.2. Design engineering fees shall be calculated based on the quantities and unit prices <br />at the time of contract award. <br /> <br />4.7. Construction Engineering and Administration Costs <br /> <br />4.7.1. The County shall pay the City a construction engineering fee equal to 8% of the <br />County’s share of the project items identified in Exhibit A and any revisions requested by <br />County. <br /> <br />4.7.2. Construction engineering and administration fees shall be calculated based on the <br />final contract quantities and unit prices. <br /> <br />5. Payment Schedule <br /> <br />5.1. Design engineering will be invoiced at the time of contract award. <br /> <br />5.2. The County will invoice the City for construction costs incurred on a monthly basis <br />or as determined by the payment schedule for the contractor. <br /> <br />5.3. Construction engineering will be invoiced at the time of substantial project <br />completion, as determined by the County. <br /> <br />5.4. Payment will be made within 30 days of receipt of an invoice. <br /> <br />6. Ownership and Maintenance Responsibility for Project Elements <br /> <br />6.1. The City will own and maintain the trail and pedestrian ramps, including snow <br />removal. <br /> <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 <br />omission of the indemnifying party, its officials, agents, or employees, in the execution, <br />performance, or failure to adequately perform the indemnifying party’s obligation pursuant <br />to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or <br />the City of any statutory or common law immunities, limits, or exceptions on liability. <br /> <br />8. This Agreement shall remain in full force and effect until terminated by mutual <br />agreement of the parties. <br /> <br /> <br />THE REMAINDER OF THIS PAGE IN INTENTIALLY BLANK. <br /> <br /> <br />