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provisions to be included in the Proposal for Highway Construction. <br />3. Mn/DOT will review and certify the DBE participation and notify the City <br />when certification is complete. <br />4. Mn/DOT will provide the required labor postings. <br />C. - PAYMENTS. <br />1. Mn/DOT will receive the federal funds to be paid by the FHWA for the <br />Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. <br />2. Mn/DOT will reimburse the City, from said federal funds made available to <br />each Project, for each partial payment request, subject to the availability and <br />limits of those funds. <br />3. Upon completion of the Project(s), Mn/DOT will perform a final <br />inspection and verify the federal and state eligibility of all the payment <br />requests. If the Project is found to have been completed in accordance with.the <br />plans and specifications, Mn/DOT will promptly release any. remaining <br />federal funds due the City for the Project(s). <br />4. In the event Mn/DOT does not obtain funding from the Minnesota <br />Legislature or other funding source, or funding cannot be continued at a <br />sufficient level to allow for the processing of the federal aid reimbursement <br />,requests, the City may continue theworkwith local funds only, until such <br />time as Mn/DOT is able to process the federal aid reimbursement requests. <br />D. AUTHORITY. Mn/DOT may withhold federal funds, where Mn/DOT or the <br />FHWA determines that the Projects) was not completed in compliance with <br />federal requirements. <br />E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the <br />state and federal government will have the right to audit, evaluate and monitor the <br />work performed under this agreement. The City will make available all books,. <br />records, and documents pertaining to the work hereunder, for a minimum of seven <br />years following the closing of the construction contract. <br />III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the <br />results thereof to the extent authorized by law and will not be responsible for the acts and <br />omissions of any others and the results thereof. The Minnesota Tort Claims Act, <br />Minnesota Statutes Section 3.736, governs Mn/DOT liability. <br />IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this <br />agreement without prior written approval of the other party. <br />V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing <br />and executed by the same parties who executed the original agreement, or their <br />successors in office. <br />-156— <br />