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<br />schedule..contained in the program plan referred to in Section 6.10.ClO and (iii) completed
<br />within the budgets contained in the cOst estimates referred to in Section 6.10.C.
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<br />Provided, however, the provisions and requirements contained in this Section 6.10 only
<br />apply to public lands or buildings or other public improvements of a capital nature, and shall not
<br />apply to the demolition or decommissioning of state assets, hazardous material projects, utility
<br />infrastructure projects, environmental testing, parking lots, exterior lighting, fencing, highway
<br />rest areas, truck stations, storage facilities not consisting primarily of offices or heated work
<br />areas, roads, bridges, rails, pathways, campgrounds, athletic fields, dams, floodwater retention
<br />systems, water access sites, harbors, sewer separation projects, water and wastewater facilities,
<br />port development projects for which the Commissioner of Transportation for the State of
<br />Minnesota has entered into an assistance agreement under Minn. Stat. ~ 457 A.04 that exists as of
<br />the date of this Agreement and as such may subsequently be amended, modified or replaced from
<br />time to time, ice arenas, local government projects with a construction cost of less than
<br />$1,500,000.00, or any other capital project with a construction cost ofless than $750,000.00.
<br />
<br />Section 6.11 Prevailing Wages. The Public Entity agrees to comply with all of the
<br />applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
<br />provisions contained in Minn. Stat. ~~ 177.41 through 177.435 that exists as of the date of this
<br />Agreement and as such may subsequently be amended, modified or replaced from time to time.
<br />
<br />Section 6.12 Liability. The Public Entity and the State Entity agree that they Will,
<br />subject to any indemnifications provided herein, be responsible for their own acts and the results
<br />thereof to the extent a~thorized by law, and they shall not be r~onsible for the acts of the other
<br />party and the results thereof. The liability of both the State Entity and the Commissioner of
<br />Finance is governed by the provisions contained in Minn. Stat. ~ 3.736 that exists as of the date
<br />of this Agreement and as such may subsequently be amended, modified or replaced from time to
<br />time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the
<br />Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be
<br />amended, modified or replaced from time to time, then the liability of the Public Entity is
<br />governed by the provisions contained in such Chapter 466.
<br />
<br />Section 6.13 Indemnification by the Public Entity. The Public Entity shall bear all
<br />loss, expense (including attorneys' fees), and damage in connection with the completion of the
<br />Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify
<br />and hold harmless the State Entity, its agents, servants and employees from all claims, demands
<br />and judgments made or recovered against the State Entity, its agents, servants and employees,
<br />because of bodily injuries, including death at any time resulting therefrom, or because of
<br />damages to property of the State Entity or others (including loss of use) from any cause
<br />whatsoever, arising out of, incidental to, or in connection with the completion of the Project or
<br />operation of the Real Property and, if applicable, the Facility, whether or not due to any act of
<br />omission or commission, including negligence of the Public Entity or any Contractor or his or
<br />their employees, servants or agents, and whether or not due to any act of omission or commission
<br />(excluding, however, negligence or breach of statutory duty) of the State Entity, its employees,
<br />servants or agents.
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<br />
<br />Generic GO Bond Proceeds
<br />Grant Agreement for Construction Grants .
<br />
<br />22
<br />RDGP-07-0004-o-FY07
<br />
<br />Ver-1212006
<br />(Gnrc GO GA-Cnstrctn Gmt)
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