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<br /> 4.1 Roseville will he the contracting pm1y and will use ordinary and prudent efforts to <br />. rcquirc that the Project is constructed in eompliance with approvcd plans and specifieations and <br /> completed with reasonable promptness. <br /> 4.4 Roseville will notify Arden Hills of any change order which increases the cost of <br /> any individual construction contract 1()r the Project by more than $5,000 of the original amount <br /> thereof or which materially changes the scope of the Project. Rosevillc shaH ohtain the written <br /> authorization of Arden /-I ills prior to approving such a change order. However, prior written <br /> authorization is not nl'cessary ifthc change order presents imminent health/safety issues making <br /> prior authorization impractical. In such cases, the change ordcr shall he reasonably presented to <br /> Arden I-hils for ratification. Ardenllills must not unreasonahly \vithhold its consent to change <br /> orders resulting ti-Olll unforeseen circumstances arising fi-om the construction. <br /> S. PA YIVIENT OF COSTS OF PROJECT <br /> 5.1 All e()sts of the Project will be paid f()r hy the City where that portion of the <br /> project is locatcd in. <br /> 5.2 All invoices or requests t()r payment will be approved and paid hy Roseville. <br /> Within 10 days of the end of each calendar month, Roseville shall provide a statement to Arden <br /> Hills showing the prior month-s activity, the invoices received and the amount Arden Hills owes <br /> to Roseville flx the Project. \Vithin10 days of the rcceipt of that statement, Arden Hills shall <br /> pay that amount to Rosevillc or provide in writing a list and explanation of any amounts it <br />. disputes and pay the undisputed amount. Any disputes regarding payment shall be resolved <br /> through the dispute resoluti()n process contained in AI1icle 7 hereof <br /> " .., If this Agreement is tenninated under Section R hereof: both cities shall <br /> .- .-, <br /> nevertheless he liable fl)r the payment of their cost sharc which is incun'cd up to the date of <br /> termination of this Agrecment. or as a result oftcrmination of this Agrecment. <br /> 6. SERVICES TO BE PROVIDED BY ROSEVILLE <br /> ().I Roseville will provide qualified engineering employces to for the work described <br /> as the project as discusscd in thc joint powers agreement for the City of Arckn Hills part-time <br /> utilization of City of Roseville engineering employees <br /> 7. I>ISPUTE RESOLUTION <br /> 7.1 ]f 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 bith to negotiate a resolution of the dispute. <br /> 7.2 If the Cites have not negotiated a resolution ofthl' dispute within 30 days aHer <br /> this meeting, the Cities may jointly select a mediator to f:lCilitatc further discussion, <br /> 7.3 If a mediator is not lIsed or if the Cities arc unahle to resolve the dispute within 30 <br />. days after the first meding with the selected mediator. thc dispute shall be adjudicated in eivil <br /> court. <br /> -2- <br />