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2006_0410_Packet
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2006_0410_Packet
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Exhibit A <br />Page 3 of 6 <br />The Company and/or Local Agency warrants that it shall perform all work under this <br />Agreement in a workrnanlil{e and timely manner in accordance with all applicable <br />standards for work of the type at issue. Should the work fail to be performed in a timely <br />manner or in accordance with applicable standards, the State may immediately suspend <br />further payments under this Agreement and the Company shall repay all funds expended <br />on unsatisfactory work. <br />8. OVERRUN OF ESTIMATED COSTS WITH NO WORK CHANGES <br />If it appears to the Company, at any time subsequent to the date of this Agreement and <br />prior to the final completion of such work, that the actual cost of the project will exceed <br />the estimated cost, the Company shall send written notification to the State. The written <br />notification shall explain the reasons for the additional costs and the amount of the such <br />costs. Subsequent to the State's review and approval, additional funds will be <br />encumbered. Notice of the State's approval will then be sent to the Company which will <br />have the affect of amending this Agreement so as to include the supplemental cost of <br />such work. <br />9. AUDIT OF RECORDS <br />As provided by Minnesota Statutes Section 16B.06, Subdivision 4, all books, records, <br />documents, and accounting procedures and practices of the Company and/ox Local <br />Agency relevant to this Agreement are subject to examination by the State, the <br />Legislative Auditor and the State Auditor. <br />10. NONDISCRIMINATION <br />If the Company enters into a contract or agreement with a contractor, to perform all or <br />any portion of the Company's work set forth in this Agreement, the Company for itself, <br />its assigns and successors in interest, agrees that it will not discriminate in its choice of <br />contractors and will include all of the nondiscrimination provisions set forth in this <br />Agreement. <br />11. DISADVANTAGED BUSINESS ENTERPRISE <br />The disadvantaged business enterprise requirements of 49 C.F.R., Part 23, apply to this <br />Agreement. The Company shall insure that disadvantaged business enterprises as defined <br />in 49 C.F.R., Part 23, have the maximum opportunity to participate in the performance of <br />contracts, financed in whole or in part with federal funds. In this regard, the Company <br />shall take all necessary and reasonable steps in accordance with 49 C.F.R., Part 23, to <br />insure that disadvantaged business enterprises have the maximum opportunity to compete <br />for and perform any contracts awarded under this Agreement. The Company shall not <br />discriminate on the basis of race, color, national origin, or sex in the award and <br />performance of contracts under this Agreement. Failure to carry out the above <br />requirements shall constitute a breach of this Agreement, and may result in termination of <br />this Agreement by the State, and possible debarment from performing other contractual <br />services with the Federal Department of Transportation. <br />Page 3 of 6 <br />
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