4.15. SR 05-16-2016 - Laserfiche WebLink

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Mn/DOT Contract No: 1000938 D. A certification of completion form provided by the State. The certification form will be signed by the City's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completionof all contract construction according tothe Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Fullpayment by the Cityto BNSF Railwayfor all contract construction. 6.4. Final Payment by the State payment of the final invoice will be made after State Upon completion of all contract construction, inspects and approves the work and include all State participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the State participation construction exceeds the amount of funds paid by the State, the State will pay the difference to theCitywithout interest. If the final cost of the State participation construction is less than the amount of funds paid by the State, the Citywill refund the difference to the State without interest. The State andthe Citywaive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 7.Authorized Representatives Each party’s AuthorizedRepresentative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 7.1. The State's Authorized Representative will be: Name/Title:Timothy Spencer,Rail Administration Acting Manager (or successor) Address:395 John Ireland Boulevard, Mailstop 470, St. Paul, MN 55155 Telephone:(651) 366-3702 E-Mail:timothy.spencer@state.mn.us 7.2. The City/County's Authorized Representative will be: Name/Title:Justin Femrite, City Engineer(or successor) Address:13065 Orono Parkway, Elk River MN 55330 Telephone:(763) 635-1051 Fax:(763) 635-1090 E-Mail:jfemrite@elkrivermn.gov 8.Assignment;Amendments;Waiver;Contract Complete 8.1. Assignment.Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments.Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 8.3. Waiver.If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’sright to subsequently enforce it. 8.4. Contract Complete.This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. -4- Payable Standard (Municipal Agreements)