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effective information technology investments that will enable the occupant of the Facility
<br />to reduce its need for office space, provide more of its services electronically, and
<br />decentralize its operations.
<br />G. If the Project does not involve the construction of a new building, substantial
<br />addition to an existing building, substantial change to the interior configuration of an
<br />existing building, or the acquisition of an interest in land, then prior to beginning work on
<br />the Project the Public Entity shall just notify the Chairs of the Minnesota State Senate
<br />Finance Committee, the Minnesota House of Representatives Capital Investment
<br />Committee and the Minnesota House of Representatives Ways and Means Committee that
<br />the work to be performed is ready to begin.
<br />H. The Project must be; (i) substantially completed in accordance with the program
<br />plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
<br />time schedule contained in the program plan referred to in Section 7.10.C, and (iii)
<br />completed within the budgets contained in the cost estimates referred to in Section 7.10.C.
<br />Provided, however, the provisions and requirements contained in this Section only apply to
<br />public lands or buildings or other public improvements of a capital nature, and shall not apply to
<br />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. § 457A.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 of less than $750,000.00.
<br />Section 7.11 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 />with respect to the Project and the operation of the State Program on or in the Real Property and,
<br />if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or
<br />agreeing that the cited provisions apply to the Project or the operation of the State Program on or
<br />in the Real Property and, if applicable, Facility.
<br />Section 7.12 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 authorized by law, and they shall not be responsible for the acts of the other
<br />party and the results thereo£ The liability of the State Entity and the Commissioner is governed
<br />by the provisions contained in Minn. Stat. § 3.736 that exists as of the date of this Agreement
<br />and as such may subsequently be amended, modified or replaced from time to time. If the Public
<br />Entity is a"municipality" as such term is used in Chapter 466 of the Minnesota Statutes that
<br />Generic GO Bond Proceeds 31
<br />Grant Agreement for ProgramConstruction Grants
<br />< RDGP-09-0025-o-FY10>
<br />Ver — 8/20/08
<br />(Gnrc GO GA-Prgrm Cnstrctn Grnt)
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