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shall be the present value of constructing, and operating those facilities and appurtenances that make up the <br />project for twenty years. <br />2. Plans and Specifications <br />Completed Plans and Specifications. Acompleted set of Plans and Specifications prepared according to the <br />provisions of Minnesota Rules 7077.0274 PLANS AND SPECIFICATIONS FOR WASTEWATER TREATMENT <br />SYSTEMS, excluding Subpart 2.A (2); Subpart 2.G and Subpart 3.C and including the following supplemental <br />information shall be submitted to MPCA in accordance with the Grant Agreement: <br />(1) The Plans and Specifications shall generally be consistent with the approved Facilities Plan. A written <br />summary of any changes to the approved Facilities Plan or to Part 1.,(1) through (12) of the supplemental <br />information for the Facilities Plan shall be submitted as supporting information with the Plans and <br />Specifications. <br />(2) As appropriate for the proposed project, a National Pollutant Discharge Elimination System (NPDES)/State <br />Disposal System (SDS) permit application shall be submitted according to Minnesota Rules 7001.0050 for <br />discharges of the Elk River municipal wastewater treatment facilities. This application must include <br />addressing any sludge or bio_solids related issues for the proposed Plans and Specifications consistent with <br />Minnesota Rules 7041.0700. <br />3. Construction Conditions and Requirements <br />In constructing the Project, the Grantee shall be subject to the following: <br />(1) Construction of the wastewater facilities and appurtenances improvements shall be as described and detailed <br />in Plans and Specifications approved in writing by the MPCA. Construction shall be undertaken and <br />completed according to the provisions of the State of Minnesota Uniform Municipal Contracting Law <br />(Minnesota Statutes §471.345) and other applicable State laws and requirements applicable to capital <br />improvements; <br />(2) All construction funding must be obtained and verified with the State prior to initiating the construction <br />phase of the Project (Minnesota Statutes § 16B.31) <br />(3) The provisions of State Prevailing Wage requirements given in Minnesota Statutes, Sections 177.41 to <br />177.44, and as outlined in ATTACI-EVVIENT D; <br />(4) The Grantee will comply with Minnesota Statutes § 290.9705, as amended or supplemented from time to <br />time by withholding 8% (Eight Percent) of payments made to all out-of--State contractors once cumulative <br />payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless an <br />exemption is granted by the Department of Revenue. Withheld amounts are required to be deposited with <br />the Minnesota Department of Revenue. <br />(5) The Grantee acknowledges its responsibility to complete the Project regardless of the availability of <br />additional funding from the State. <br />(6) The Grantee shall not enter into a sale, lease or transfer of any part of the Project, or change the use of the <br />Project, without the prior written approval of the State if such sale, lease, transfer, or change in use would <br />violate any terms or conditions of the Grant Contract. <br />(7) The Grantee shall maintain adequate property insurance coverage for the Project in such amounts with such <br />limits as it determines in good faith to be reasonable or in such amounts and with such limits as may be <br />required by the State from time to time. <br />(8) The Grantee agrees to exert all reasonable efforts to investigate claims which the Grantee may have against <br />third parties with respect to the construction of the Project and, in appropriate circumstances, take whatever <br />action, including legal action, the Grantee reasonably determines to be appropriate. <br />(9) In keeping with Minnesota Laws 2010, Chapter 361, Article 3, Section 5, upon initiation of Construction <br />and throughout the Construction process the Grantee must post a permanent sign with the specified logo <br />that identifies the project as funded by the Minnesota Clean Water Fund. <br />Grant (Rev. 11/08) <br />CR <br />