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23 <br />availability and limits of those funds. <br />3. Upon completion of the Project, the City will prepare a final payment request in <br />accordance with the terms of this agreement Mn/DOT will review and certify the <br />final payment request with a final audit. <br />4. No more than 90% of the reimbursement due under this agreement will be paid <br />until completion of the final audit and approval by Mn/DOT's authorized <br />representative. <br />5. If Mn/DOT does not obtain funding from the 1 HWA or other funding source, or <br />funding cannot be continued at: a sufficient level to allow for the processing of the <br />federal aid reimbursement requests, the City may continue the work with local. <br />funds only, until such time as Mn/DOT is able to process the federal aid <br />reimbursement requests. <br />D. AUTHORITY. Mn/DOT may withhold federal funds, .if Mn/DOT or the FflWA <br />deter. -nines that the Project was not completed in compliance with federal <br />requirements. - <br />E. INTSPEC'TION. _ Mn/DOT, the FHWA, or duly authorized represcntatives 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. o9: seven <br />years following the closing of the construction contract. <br />111. AuTHORIIED REPRESENTATIVES. Each authorized representative will. have <br />responsibility to administer this agreement and to ensue that all. payments due to the <br />other party are paid pursuant to the terms of this agreement. <br />A. The City authorized representative is Jay Hartman, Director of Public Works, St. <br />Anthony Village, 3301 Silver Lake Road NE, St. Anthony Village, MN 55148, <br />phone 612.789.8881, or his successor. <br />B. Mn/DO'T's authorized representative is Lynnette Roshell, Minnesota Department <br />of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN <br />55155, phone 651.282.6479, or her successor. <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 and <br />ornissions 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 this <br />agreement without prior written approval of the other party. <br />VI. AMENDMENTS, Any amendmrents/supplements to this Agreement must be in writing <br />and be executed by the same parties who executed the original agreement, or their <br />successors in office. <br />(Mn/DO? Agreement No. 87625) <br />Page 7 <br />