04-093 - Laserfiche WebLink

Home Browse Search

8. Any utilities or facilities modified or added to the provisions presently made in the plans and specifications may be incorporated by supplemental agreement and shall be paid for as specified in such supplemental agreement. Design and constmction engineering fees for additions shall be negotiated at the time of supplemental agreement preparation. 9. The County shall reimbui..se the City for engineering costs incurred on its share of project design and administration as set forth in Exhibit B as a preliminary engineering fee. Said fee shall be 10% of item costs for which the County is responsible for, as determined at the time of contract award in accordance with unit prices established through the competitive bid process. 10. The County shall reimburse the City for engineering costs incurred on the County's share of project construction as set forth in Exhibit B as a constmction engineering fee. Said fee shall be 10% of the item costs for which the County is responsible, as detemlined upon completion of the project in accordance with established contract unit costs and in accordance with any supplemental agreements and/or change orders which may be ordered during the project. 11. Throughout project design and construction, the City shall prepare partial cost and payment estimates for preliminary engineering fees, constmction costs, and construction engineering fees and, at appropriate intervals, notify the County of its share of such costs. 12. The County shall pay to the City all additional remaining costs for its share of the work upon notification by the City of the final amounts due. 13. The County shall reimburse the City for the County's share of the cost of operation and maintenance of the pond basin. If such cost is expected to exceed $10,000, the City will provide written notification to the County thirty (30) calendar days in advance of commencing such work. The City may proceed with the work if written objection from the County is not received within such thirty (30)-day period. 14. All payments by the County to the City shall be made within twenty-one (21) calendar days of receipt of City invoice, made payable to the City of New Brighton and delivered to the Finance Director, City of New Brighton, 803 Old Highway 8 NW, New Brighton, MN 55112. 15. The City may assign its rights and obligations hereunder respecting pond construction, operation and maintenance to Beisswenger. Beisswenger may further assign such rights and obligations to any subsequent transferee of the Beisswenger Site. In any event the City shall remain liable for the performance of such obligations. Except as specifically permitted by this Agreement, neither party may assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. 16. All contracts and agreements made by either party with a third party for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and pursuant to Minnesota law. PW 2004-07 ..3-