Agenda - Council - 03/14/2000 - Laserfiche WebLink

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I I I I I I I I 11:20 LRW OFFICES 2140 4TH RUE e 612 427 5543 N0.416 Q05 M_n/DOT Agreement No. 797g0-P Section C. Final Payment by th9 City After the City has provided the State with the documents in accordance with Section B. of th;s Article, thc State will determine the City's final construction engineering cost share for the Construction covered under this Agreement. lfthe City's final construction engineering cost share exceeds the amount of funds advanced by the City, the City must, upon receipt ora request from the State, promptly pay the difference to the State without interest. If the City's final construction engineering cost share is less than the amount of funds advanced by the City, the State faust promptly return the balance to the City without interest. ARTICLE IV - GENERAL PROVISIONS Section A. Right-of-Way, Easements, and Permits The City must, without cost or expense to the State, obtain all rights-of-way, easements, construction permits, and any other permits and ~anctions that may be required in connection with the Construction. Section B. E'~mination of Books~ Record.s.~ .and Accounting Procedure,s As provided by Mirmegota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and immtlces of the State and the City relevant to tlfis Agreement are subject to examination by the Minnesota Department of Transportation Auditor, the City Auditor, the Legislative Auditor, and the State of Minnesota Auditor, as appropriate, for a minimum of six years from final payment. Section C._ Liability Each party to this Agreement will be responsible for it~ own acts and omissions, the acts and omissions of its employees, and the results thereof to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or its employees and the results thereof. The State's liability will b~ governed by the provisions of Minnesota Statutes Section 3.736. The City's liability will be governed by the provlsi, ons of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466. Secfi0.n D. Extent of A~.reement This entire Agreement between thc State and the City is contained herein. This Agreement supersedes all omi agreements and negotiations between the State and th.e City relating to the subject matter hereof. All items referred to ia this Agreement are made a part hereof by reference with the same force and effect as though fully s, ct forth herein. Page 4 of 6 /gq