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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 inspection <br /> and verify the 'federal and state eligibility of'all the payment requests. If the <br /> Project is-found to have been completed in accordance with the plans and <br /> specifications, Mn/DOT will promptly release any remaining federal funds <br /> due the City for the Project(s). <br /> 4. In -the event. Mn/DOT does not obtain funding from the FHWA or other <br /> funding source, or funding cannot be continued at a sufficient level to allow <br /> for the processing of the federal aid reimbursement requests, the City may <br /> continue the work with local funds only, until such time as Mn/DOT is able to <br /> 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 Project(s) was not completed in compliance with <br /> federal requirements. <br /> E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of <br /> the state and federal government will have the right to audit, evaluate and <br /> monitor the work performed under this agreement. The City will make <br /> available all books, records, and documents pertaining to the work pursuant to <br /> this agreement, for a minimum of seven years following the closing of the <br /> construction contract. <br /> IV. 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 <br /> and omissions of any others and the results thereof. The Minnesota Tort Claims Act, <br /> Minnesota Statutes Section 3.736, governs Mn/DOT liability. <br /> V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under <br /> this agreement without prior written approval of the other party. <br /> VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in <br /> writing and be executed by the same parties who executed the original-agreement, or <br /> their successors in office. <br /> (Mn/DOT Agreement No. 86533) <br /> N:\FedAid\DCP\2003 DCP agreement items\St. Anthony village BASE dcp AGREEMENT TEMPLATE.doc <br /> 2/6/04 Page 7 <br />