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Day-to-day on-site coordination in the contractor. <br />Tracking Item Record Accounts. <br />Daily and weekly written construction diaries. <br />Track change in construction status. <br />Coordinate change orders with County Construction Engineer. <br />B. The County shall be responsible for any construction administration that is not included <br />under Section III, A. of this agreement. The County shall be responsible for all material <br />testing and shall oversee labor compliance and administrative functions in regards to <br />the projects. <br />IV. PAYMENT <br />A. Cost of Services. The cost of inspection services is $46,500 with 50% of the total <br />amount attributable to each project. <br />B. Payment. Upon bid award, the County shall pay the City 100% of the agreed lump <br />sum amount after receipt of an invoice from the City. In the event the County does not <br />award construction contracts for one or both of the projects, this agreement will be <br />cancelled. <br />V. 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 <br />shall be part of any Agreement entered into by the parties with any contractor, subcontractor, <br />or material suppliers. <br />VI. WORKERS COMPENSATION <br />It is hereby understood and agreed that any and all employees of the City and all other <br />persons employed by the City in the performance of construction and/or construction <br />engineering work or services required or provided for under this agreement shall not be <br />considered employees of the County and that any and all claims that may or might arise under <br />the Worker's Compensation Act of the State of Minnesota on behalf of said employees while <br />so engaged and any and all claims made by any third parties as a consequence of any act or <br />omission on the part of said City employees while so engaged on any of the construction <br />and/or construction engineering work or services to be rendered herein shall in no way be the <br />obligation or responsibility of the County. <br />VII. INDEMNIFICATION <br />A. The City agrees that it will defend, indemnify and hold harmless the County against <br />any and all liability, loss, damages, costs and expenses which the County may <br />hereafter sustain, incur or be required to pay by reason of any negligent act by the <br />City, its agents, officers or employees during the performance of this agreement. <br />B. The County agrees that it will defend, indemnify and hold harmless the City against <br />any and all liability, loss, damages, costs and expenses which the City may hereafter <br />sustain, incur or be required to pay by reason of any negligent act by the County, its <br />agents, officers or employees during the performance of this agreement. <br />C. To the fullest extent permitted by law, actions by the parties to this Agreement are <br />intended to be and shall be construed as a "cooperative activity" and it is the intent of <br />the parties that they shall be deemed a "single governmental unit" for the purposes of <br />-2- <br />