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<br />. <br /> <br />. <br /> <br />. <br /> <br />Agreement No. 79404 <br /> <br />E. <br /> <br />Contractor Payments <br /> <br />Contracts to be let under this Agreement for the construction <br />of Projects shall provide that the Contractor shall be paid partial <br />payments designated in said contract as partial estimates, from <br />time to time as the work progresses. The City shall require the <br />contract to provide that the Contractor shall be paid a final <br />payment, designated in said contract as a final estimate, for all <br />work performed, upon completion and accept~nce of Project work. <br /> <br />F. Civil Rights Act <br /> <br />During the performance of this Agreement, the City, for <br />itself, its assignees and successors in interest, shall comply with <br />Title VI of the Civil Rights Act of 1964, as amended. Accordingly, <br />49 C.F.R. 21 through Appendix Hand 23 C.F.R. 710.405 (b) are made <br />a part hereof by reference with the same force and effect as though <br />fully set forth herein. <br /> <br />G. Final Inspection <br /> <br />When Project work is completed on any Project, the City shall <br />request final inspection from Mn/DOT. If the Projects are found to <br />have been completed in accordance with the plans and specifications <br />for the Projects, Mn/DOT shall then release any remaining funds due <br />to the City for the respective Project. <br /> <br />H. Utilities <br /> <br />The City shall treat all public , private or cooperatively <br />owned utility facilities which directly or indirectly serve the <br />public and which occupy highway rights of way in conformance with <br />"A Policy for the Accommodation of Utilities on Highway Rights of <br />Way" as approved on April 5, 1988 by the United States Department <br />of Transportation, Federal Highway Administration, Minnesota <br />Division, which is made a part hereof by reference. <br /> <br />I. Maintenance <br /> <br />The City shall assume full responsibility for upkeep, <br />maintenance and operation of any facility constructed or <br />reconstructed by a Project under this Agreement. <br /> <br />J. Claims <br /> <br />The Ci~y shall pay any and all lawful claims or demands of any <br />kind or nature whatsoever arising out of or incidental to the <br />performance of the Project work under any contract let for the <br />Projects, in the event that the federal government does not pay the <br />same. In all events, the City shall hold the Department of <br />Transportation and Mn/DOT harmless from the claims and from any <br />claims arising out of this Agreement and to pay any and all <br /> <br />4 <br />