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<br /> 4.3 Rosevillc will be the contracting party and will use ordinary and prudent efforts to <br />. requirc that the Project is constructed in compliance with approved plans and spccitications and <br /> completcd with reasonahle promptness. <br /> 4.4 Roseville will notify Ardcn Hills of any change order which increases the cost of <br /> any individual construction contract lix the Project by more than $5,000 of the original amount <br /> thercof or which materially changes the scope of the Project. Rosevillc shall obtain the writtcn <br /> authorization of Arden Hills prior to approving such a change ordcr. Howcver, prior written <br /> authorization is not necessary if the change order presents imminent healthisafcty issues making <br /> prior authorization impractical. In such cases, the change order shall be reasonahly presented to <br /> Arden Hills f()r ratification. Arden Hills must not unreasonahly withhold its consent to change <br /> orders resulting from unf()rescen circumstances arising ti'om the construction. <br /> S. PA YI\IENT (n' COSTS OF PROJEeT <br /> 5.1 All costs of thc Project will be paid f(lr by the City where that portion of the <br /> project is located in. <br /> 5.2 All invoices or requests t()r payment will be approved and paid by Roseville. <br /> Within 10 days of the end of each calendar month, RoseviJIe shall provide a statement to Arden <br /> Hills showing the prior 1l1Onth's activity, the invoices received and the amount Arden Hills owes <br /> to Roseville t<.)r Ihe Project. Within 30 days of the receipt of that statement. Arden Hills shall <br /> pay that amount to Roseville or provide in writing a list and explanation of any amounts it <br />. disputes and pay the undisputed amount. Any disputes regarding payment shall hc rcsolved <br /> through the dispute res()lution process contained in Article 7 herL'of. <br /> 5.3 If this Agreement is tcnninated under Section 8 hereof: both cities shall <br /> ncverthelcss be liable f()[ the payment of their cost share which is incurred up to the date of <br /> tcnllination of this Agreement. or as a result oftennination of this Agreement. <br /> 6. SERVICES TO HI<: PROVIDED BY ROSEVILLE <br /> 6.1 Roseville will provide qualified enginecring employces to f()r the work described <br /> as the project as discussed in the joint powers agreement I()r the City of Ardcn Hills part-time <br /> utilization of City of Roseville engineering employees <br /> 7. DISPlJTE RESOLUTION <br /> 7. I If a dispute arises between the Cities regarding this agreement or the construction <br /> of the Project. the City Manager and City Administrator of each city, or their designees. must <br /> promptly meet and attempt in good t~lith to negotiate a resolulion of the dispute. <br /> 7.2 If the Cites have not negotiated a resolution of the dispute within 30 days after <br /> this meeting, the Cities may jointly select a mediator to I:lcilitate further discussion. <br /> 7.3 If a mediator is not used or if the Cities are unable to resolve the dispute within 30 <br />. days aJ1er the first meeting wilh the selectcd medialor. the dispute shall be adjudicated in civil <br /> court. <br /> -2- <br />