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<br />. <br /> <br />. <br /> <br />. <br /> <br />J. <br /> <br />SUBLETTING. The services of the City to be performed hereunder shall not be <br />assigned, sublet or transferred unless written authority to do so is granted by <br />MnlDOT. This written consent shall in no way relieve the City from its primary <br />responsibility for performance of the work. Subcontractor agreements shall contain <br />all appropriate terms and conditions of this agreement. <br /> <br />II. DUTIES ofMnlDOT. <br /> <br />A. ACCEPTANCE. MnlDOT accepts appointment as Agent of the City and shall act <br />in accordance herewith. <br /> <br />B. AUTHORIZATION. MnlDOT shall make the necessary requests along with any <br />required supporting data to the Federal Highway Administration for authorization of <br />federal participation in the Acquisition costs and reimbursements therefor under the <br />terms of this agreement <br /> <br />c. PAYMENT. After review and approval of the City payment request by MnlDOT, <br />MnlDOT shall reimburse the City for the eligible federal share of the Acquisition <br />work. <br /> <br />1. Five percent of each payment shall be retained by MnlDOT. Retainage will <br />be released following completion of the final audit. <br /> <br />2. <br /> <br />The City shall not be reimbursed for an expense incurred for work found to <br />be unsatisfactory or performed in violation of federal and state laws and <br />regulations. <br /> <br />3. Final payment shall be due upon completion ofthe final audit and approval <br />by MnlDOT's authorized representative. <br /> <br />4. MnlDOT shall make the necessary requests for reimbursement ofthe federal <br />aid funds for the Acquisition from the Federal Highway Administration. <br /> <br />D. INSPECTION. MnlDOT, the Federal Highway Administration, or duly authorized <br />representatives shall have the right to audit, evaluate and monitor the work performed <br />under this agreement, and shall have access to all books, records, and documents <br />pertaining to the work hereunder, for a minimum of six years. <br /> <br />III. AUTHORIZED REPRESENTATIVES. Each authorized representative shall have <br />responsibility to insure that all payments due to the other party are paid pursuant to the <br />terms of this agreement. <br /> <br />A. <br /> <br />The City's authorized representative for the purposes of administration of this <br />agreement is Terry J. Maurer, Elk River City Engineer, Howard R. Green <br />Company, 1326 Energy Park Drive, St. Paul, MN 55108, phone 651-644-4389, <br />or his successor. <br /> <br />N:\FedAidl YvonnelAgreemenlS\ 79058.AGR. wpd <br /> <br />(MnlDOT Agreement No.79058) <br />Page 5 <br />