05-13-2026 Council Packet - Laserfiche WebLink

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MnDOT Contract No. 1062987 3 Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2. The Local Government’s Authorized Representative is: Name: Eric Seaburg , or their successor. Title: City of Little Canda Engineer Phone: 651-704-9970 Email: eric.seaburg@bolton-menk.com 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 Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. To the extent permitted by law, the Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The