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S.P. 6241-51 (T.H. 280) <br />Mn/DOT Agreement Number 92042 <br />Ramsey County <br />then the City must promptly notify the Utilities Engineer, in writing, prior to <br />performing that additional work or incurring those additional costs. The written <br />notice must describe the nature and cost of the additional work and provide <br />reason(s) to support the request. The Utilities Engineer may approve the <br />request subject to the availability and encumbrance of necessary funds. If the <br />City performs additional work for which the State has not previously <br />encumbered funds, the State is not obligated to pay for that work. <br />3) If the amount the City requests under Article V.B.2. does not exceed 10 percent <br />of the amount in Article V.A.2., the City may begin the additional work upon <br />notification from the State that it has approved the work and encumbered <br />additional funds. The State may authorize payment of that pre-approved <br />additional amount without amending this Agreement. <br />4) If the amount the City requests exceeds 10 percent of the amount shown in <br />Article V.A.2., this Agreement must be amended to reflect the new cost before <br />the State will be responsible for paying that additional cost. <br />VI. Audits <br />A) Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, the City's accounting <br />books, records, documents, procedures, and practices that are relevant to this <br />Agreement are subject to Legislative or State Audit for a minimum of six years after <br />this Agreement expires. <br />B) The City must respond to requests for audit information to support claimed costs no <br />later than 60 days after receiving the requests or the State will cite all costs in <br />question. If the City does not respond during this 60-day period, the State will <br />consider the audit citations accepted and will make payment accordingly. <br />VII. Indemnification/Insurance <br />A) The City will defend (at its own expense and to the extent Minnesota's Attorney <br />General allows), indemnify, save, and hold the State and all of its agents and <br />employees harmless of and from all claims, demands, actions, or causes of action. <br />This obligation to indemnify extends to any attorney fees the State incurs due to this <br />Agreement and the City performance or nonperformance under it. <br />Page 7 of 11 <br />