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F. If any of the Program Grant is to be used for the construction or remodeling of
<br />the Facility, then both the predesign package referred to in Section 7.10.B and the program
<br />plan and cost estimates referred to in Section 7.10.0 must include provisions for cost-
<br />effective information technology investments that will enable the occupant of the Facility
<br />to reduce its need for office space, provide more of its services electronically, and
<br />decentralize its operations.
<br />G. If the Project does not involve the construction of a new building, substantial
<br />addition to an existing building, substantial change to the interior configuration of an
<br />existing building, or the acquisition of an interest in land, then prior to beginning work on
<br />the Project the Public Entity shall just notify the Chairs of the Minnesota State Senate
<br />Finance Committee, the Minnesota House of Representatives Capital Investment
<br />Committee and the Minnesota House of Representatives Ways and Means Committee that
<br />the work to be performed is ready to begin.
<br />H. The Project must be: (i) substantially completed in accordance with the program
<br />plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
<br />time schedule contained in the program plan referred to in Section 7.10.C, and (iii)
<br />completed within the budgets contained in the cost estimates referred to in Section 7.10.C.
<br />Provided, however, the provisions and requirements contained in this Section only apply to
<br />public lands or buildings or other public improvements of a capital nature, and shall not apply to
<br />the demolition or decommissioning of state assets, hazardous material projects, utility
<br />infrastructure projects, enviromnental testing, parl~ing lots, exterior lighting, fencing, highway
<br />rest areas, truck stations, storage facilities not consisting primarily of offices or heated work
<br />areas, roads, bridges, rails, pathways, campgrounds, athletic fields, dams, floodwater retention
<br />systems, water access sites, harbors, sewer separation projects, water and wastewater facilities,
<br />port development projects for which the Commissioner of Transportation for the State of
<br />Minnesota has entered into an assistance agreement under Mitul. Stat. § 457A.04, as it may be
<br />amended, modified or replaced from time to time, ice arenas, local government projects with a
<br />construction cost of less than $1,500,000.00, or any other capital project with a construction cost
<br />of less than $750,000.00.
<br />Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the
<br />applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
<br />provisions contained in MiIU1. Stat. §§ 177.41 through 177.435, as they may be amended,
<br />modified or replaced from time to time with respect to the Project and the operation of the State
<br />Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the
<br />Public Entity is not aclc~7owledging or agreeing that the cited provisions apply to the Project or
<br />the operation of the State Program on or in the Real Property and, if applicable, Facility.
<br />Section 7.12 Liability. The Public Entity and DEED agree that they will, subject to any
<br />indemnifications provided herein, be responsible for their own acts and the results thereof to the
<br />extent authorized by law, and they shall not be responsible for the acts of the other party and the
<br />results thereof. The liability of DEED and the Commissioner of MMB is governed by the
<br />provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from
<br />time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the
<br />Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be
<br />DEED Greater MN Business Development Public Infrastructure Program 29 Ver- 2/16/10
<br />Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)
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