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5.6. SR 03-14-2005
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5.6. SR 03-14-2005
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1/21/2008 8:34:26 AM
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<br />Mn!DOT Contract Number <br />CFMS Contract No. <br />T-Number <br />(a) Invoices. The State will promptly pay the Local Government after the Local Government presents an itemized <br />invoice for the services actually performed and the State's Authorized Representative accepts the invoiced <br />services. Invoices must be submitted as specified in the applicable work order, but no more frequently than <br />monthly. <br /> <br />(b) Retainage. Under Minn. Stat. S 16C.08, subd. 5(b), no more than 90 percent of the amount due under any <br />work order contract may be paid until the final product of the work order contract has been reviewed by the <br />State's authorized representative. The balance due will be paid when the State's authorized representative <br />determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. <br /> <br />7 Conditions of Payment <br />All services provided by the Local Government under a work order contract must be performed to the State's <br />satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all <br />applicable federal and state laws, rules, and regulations. The Local Government will not receive payment for work <br />found by the State to be unsatisfactory or performed in violation of federal or state law. <br /> <br />8 Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order <br />Contracts <br />8.1 The Local Government's Authorized Representative for administering this master contract is [NAME, TITLE, <br />ADDRESS, TELEPHONE NUMBER], or hislher successor, and has the responsibility to monitor the Local <br />Government's performance. The Contractor's Authorized Representative is also authorized to execute work order <br />contracts on behalf of the Local Government without [County Board] [City Council] approval of each proposed <br />work order contract. <br /> <br />8.2 The Local Government's Project Manager will be identified in each work order contract. <br /> <br />9 State's Authorized Representative and Project Manager <br />9.1 The State's Authorized Representative for this master contract is [NAME, TITLE, ADDRESS, TELEPHONE <br />NUMBER], or his/her successor, and has the responsibility to monitor the Local Government's performance. <br /> <br />9.2 The State's Project Manager will be identified in each work order contract. <br /> <br />10 Assignment, Amendments, Waiver, and Contract Complete <br />10.1 Assignment. The Local Government may neither assign nor transfer any rights or obligations under this <br />master contract or any work order contract without the prior consent of the State and a fully executed <br />Assignment Agreement, executed and approved by the same parties who executed and approved this master <br />contract, or their successors in office. <br />10.2 Amendments. Any amendment to this master contract or any work order contract must be in writing and will <br />not be effective until it has been executed and approved by the same parties who executed and approved the <br />original contract, or their successors in office. <br />10.3 Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that <br />failure does not waive the provision or the party's right to subsequently enforce it. <br />lOA Contract Complete. This master contract and any work order contract contain all negotiations and <br />agreements between the State and the Local Government. No other understanding regarding this master <br />contract or any work order contract issued hereunder, whether written or oral, may be used to bind either <br />party . <br /> <br />2/15/2005 <br /> <br />5 <br />
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