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Agenda Packets - 2019/04/22
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Agenda Packets - 2019/04/22
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Last modified
1/28/2025 4:47:32 PM
Creation date
5/3/2019 3:51:05 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
4/22/2019
Supplemental fields
City Council Document Type
City Council Packets
Date
4/22/2019
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quantities plus a 24% allowance for engineering and administrative costs. <br />Additionally, the City anticipates 24% for engineering and administrative costs but <br />depending on final indirect costs the City shall have the authority to utilize an <br />allowance of up to a maximum of 26.5% for engineering and administrative costs. <br />SBM shall pay the City within 30 days of receipt of the invoice. <br />5. The City and SBM hereby agree to indemnify each other and hold each other <br />harmless from any and all claims, causes of action, lawsuits, judgments, charges, <br />demands, costs, and expenses, including, but not limited to, interest involved <br />therein and attorneys' fees and costs and expenses connected therewith, arising out <br />of or resulting from the failure of either party to satisfy the provisions of this <br />Agreement or for damages caused to other parties as a result of the manner in which <br />the City or SBM perform or fail to perform duties imposed on each party by the <br />terms of this Agreement. Under no circumstance, however, shall either party be <br />required to pay on behalf of itself and the other party any amounts in excess of the <br />limits on liability established in Minnesota Statutes, Chapter 466. The limits of <br />liability for the parties may not be added together to determine the maximum amount <br />of liability for either party. <br />6. This Agreement shall remain in full force and effect until terminated by mutual <br />agreement of the City and SBM or upon completion of the Project and expiration <br />of any applicable warranty periods, whichever occurs first. <br />7. It is agreed that, except as specifically provided herein, neither party, by the <br />execution of this Agreement, relinquishes any rights or powers possessed by it <br />and neither party is relieved of any responsibility, duty or obligation imposed on <br />it by law or regulation. <br />8. SBM hereby acknowledges that the City is a governmental entity and as such <br />is subject to the provisions of the Minnesota Government Data Practices Act, <br />Minnesota Statutes, chapter 13. SBM hereby agrees to assist the City, in all <br />manners as may be required by the City, in responding to any data requests <br />made under such laws. <br />The Mounds View Vision <br />A Thriving Desirable Community <br />
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