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5.4. SR 11-05-2007
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5.4. SR 11-05-2007
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CFMS Contract No. <br />T-Number <br />6.4.3 Payment by the State. <br />6.4.3.1 Generally. The State will promptly pay the Local Government after the Local Government <br />presents an itemized invoice for the services actually performed and the State's Authorized <br />Representative accepts the invoiced services. Invoices must be submitted as specified in the <br />applicable work order, but no more frequently than monthly. <br />6.4.3:2 Retainage for Professional and Technical Services. For work orders for professional and technical <br />services, as required by Minn. Scat. § 16C.08, subd. 5(b), no more than 90 percent of the amount due <br />under any work order contract may be paid until the final product of the work order contract has been <br />reviewed by the State's authorized representative. The balance due will be.paid when the State's <br />authorized representative determines that the Local Government has satisfactorily fulfilled all the <br />terms of the work order contract. <br />7 Conditions of Payment <br />All work performed by the Providing Party under a work order contract must be performed to~ the Requesting Party's <br />satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative <br />and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not <br />receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. <br />S Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order <br />Contracts <br />8.1 The Local Govemment's Authorized Representative for administering this master contract is the Local <br />Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's <br />performance. The Local Government's Authorized Representative is also authorized to execute work order <br />contracts on behalf of the Local Government without approval of each proposed work order contract by its <br />governing body. <br />8.2 The Local Government's Project Manager will be identified in each work order contract. <br />9 State's Authorized Representative and Project Manager <br />9.1 The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the <br />responsibility to monitor the State's performance. <br />9.2 The State's Project Manager will be identified in each work order contract. <br />10 Assignment, Amendments, Waiver, and Contract Complete <br />10.1 Assigr~men~ Neither party may assign or transfer any rights or obligations under this Master Contract or any <br />work order contract without the prior consent of the other and a fully executed Assignment Agreement, <br />executed and approved by the same parties who executed and approved this Master Contract, or their <br />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 />ior3noo~ <br />
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