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2022.07.05 CC Packet
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2022.07.05 CC Packet
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City Council
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Page 4 of 5 <br /> <br /> <br />Project, the City shall refund without interest the amount to the County. <br />4. The County 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 E 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 County’s construction <br />engineering/contract administration costs as stated in F.6.c. No adjustment to construction costs will be <br />made to the County’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 <br />act or omission on the part of said City employees while so engaged on any of the construction and/or <br />construction engineering work or services to be rendered herein shall in no way be the obligation or <br />responsibility of the County. <br /> <br />It is hereby understood and agreed that any and all employees of the County and all other persons <br />employed by the County in the performance of construction and/or construction engineering work or <br />services required or provided for under this Agreement shall not be considered employees of the City and <br />that any and all claims that may or might arise under the Worker’s Compensation Act of the State of <br />Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as <br />a consequence of any act or omission on the part of said County employees while so engaged on any of the <br />construction and/or construction engineering work or services to be rendered herein shall in no way be the <br />obligation or responsibility of the City. <br /> <br />L. INDEMNIFICATION <br />1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, <br />loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay <br />by reason of any negligent act by the City, its agents, officers or employees during the performance of <br />this agreement. <br />2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, <br />loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by <br />reason of any negligent act by the County, its agents, officers or employees during the performance of
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