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2006_0410_Packet
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2006_0410_Packet
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43 Roseville will be the contracting party and will use ordinary and prudent efforts to <br />require that the Project is constructed in compliance with approved plans and specifications and <br />completed with reasonable prompmess. <br />4.4 Roseville will notify Falcon Heights of any change order which increases the cost <br />of any individual construction contract for the Project by more than $5,000 of the original <br />amount thereof or which materially changes the scope of the Project. Roseville shall obtain the <br />written authorization of Falcon Heights prior to approving such a change order. However, prior <br />written authorization is not necessary if the change order presents imminent healthlsafety issues <br />making prior authorization impractical. In such cases, the change order shall be seasonably <br />presented to Falcon Heights for ratification. Falcon I-Ieights must not unreasonably withhold its <br />consent to change orders resulting from unforeseen circumstances arising from the construction. <br />5. PAYMENT QF COSTS OF PROJECT <br />5.1 A�1 costs of the Project will be paid for by the City where that portion of the <br />project is located in. <br />5.2 AIl invoices or requests for payment will be approved and paid by Roseville. <br />Within 10 days of the end of each calendar month, Roseville shall provide a statement to Falcon <br />Heights showing the prior month's activity, the invoices received and the amount Falcon Heights <br />owes to Roseville for the Project. Within 30 days of the receipt of that statement, Falcon Heights <br />shall 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 be resolved <br />through the dispute resolution process contained in Article 7 hereof. <br />53 If this Agreement is terminated under Section 8 hereof, both cities shall <br />nevertheless be liable for the payment of their cost share which is incurred up to the date of <br />termination of this Agreement, or as a result of termination of this Agreement. <br />6. SERVICES TO BE PROVIDED BY ROSEVILLE <br />— 6.1 Roseville will provide qualified engineering employees to for the work described <br />— as the project as discussed in the JOINT POWERS AGREEMENT FOR THE CITY OF <br />— FALCON HEIGHTS PART-TIME UTILIZATION OF CITY OF ROSEVILLE <br />ENGINEERING EMPLOYEES <br />7. DISPUTE RESOLUTION <br />7.1 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 faith to negotiate a resolution 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 facilitate further discussion. <br />73 If a mediator is not used or if the Cities are unable to resolve the dispute within 30 days <br />after the first meeting with the selected mediator, the dispute shall be adjudicated in civil court. <br />.� <br />
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