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4.11 SR 02-07-2022
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4.11 SR 02-07-2022
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MnDOT Contract No.: 1046508 <br />prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and <br />supersede the Preliminary Schedule "I" as part of this Agreement. <br />6.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction <br />engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been <br />met: <br />A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". <br />B. The City's receipt of a written request from the State for the advancement of funds. <br />6.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount <br />due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract <br />construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the <br />contract construction. <br />6.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final <br />amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the <br />City. The Final Schedule "I" will be based on final quantities, and include all City participation construction <br />items and the construction engineering cost share covered under this Agreement. If the final cost of the <br />City participation construction exceeds the amount of funds advanced by the City, the City will pay the <br />difference to the State without interest. If the final cost of the City participation construction is less than <br />the amount of funds advanced by the City, the State will refund the difference to the City without interest. <br />The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota <br />Statutes § 15.415. <br />7. Authorized Representatives <br />Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give <br />and receive any notice or demand required or permitted by this Agreement. <br />7.1. The State's Authorized Representative will be: <br />Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) <br />Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 <br />Telephone: (651) 366-4634 <br />E-Mail: malaki.ruranika@state.mn.us <br />7.2. The City's Authorized Representative will be: <br />Name, Title: Justin Femrite, Public Works Director (or successor) <br />Address: 13065 Orono Parkway, Elk River, MN 55330 <br />Telephone: (763) 635-1000 <br />E-Mail: jfemrite@elkrivermn.gov <br />8. Assignment; Amendments; Waiver; Contract Complete <br />8.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the <br />prior consent of the other party and a written assignment agreement, executed and approved by the same <br />parties who executed and approved this Agreement, or their successors in office. <br />8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has <br />been executed and approved by the same parties who executed and approved the original Agreement, or <br />their successors in office. <br />Lim <br />Receivable Standard CE by Both Parties with Signal (Cooperative Agreements) <br />
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