4.9 SR 07-15-2024 - Laserfiche WebLink

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MnDOT Contract No. 1056895 3 Title: State Aid, Federal Plans Engineer Phone: 612‐271‐6210 Email: angela.murphy@state.mn.us MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2. The Local Government’s Authorized Representative is: Name: Mr. Justin Femrite , or their successor. Title: City of Elk River Engineer Phone: 763‐635‐1051 Email: jfemrite@elkrivermn.gov____________________________________ If the Local Government’s Authorized Representative changes at any time during this Agreement, the Local Government will immediately notify MnDOT. 7. Assignment Amendments, Waiver, and Agreement Complete 7.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendments 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. 7.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision or MnDOT’s right to subsequently enforce it. 7.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7.5. Severability. If any provision of this Agreement or the application thereof is found to be invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 7.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 7.7. Certification. By signing this Agreement, the Local Government certifies that it is not suspended or debarred from receiving federal or state awards. 8. Liability and Claims 8.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. 8.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent for acceptance and disbursement of federal funds, and not as a principal or co‐principal with respect to the Page 174 of 389