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DEPARTMENT OF <br />320 Washington <br />HENNEPIN Hopkins, Minne <br />LFU 935-3381 <br />TRANSPORTATION <br />Any, South <br />)ta 55343-8468 <br />Mr. Mark Bernhardson, Adminis-=rator <br />City of Or1ro <br />P.O. Box 66 <br />Orono, Minnesota, 55323 <br />AGREEMENT NO. PW 74-08-87 <br />COUNTY PROJECT 8024 <br />COUNTY STATE AID HIGHWAY 15 <br />Dear Mr. Bernhardson: <br />Januar 15, 1988 <br />JAM ! 9198E <br />I have reviewed your request for the language change in the it paragrb h of <br />Section XII. My reasoning for not granting the change is t e County has <br />overall responsibility for the project and cannot assign tt ,ponsibill.ty <br />to another party. In addition, the provisions of M.S. Sec. 1 .17 in the <br />agreement states that any contract and performance bond of the County shall ;e <br />considered to be the contract and bond of the City for its benetit and <br />protection. To clarify the City's role. paragraph II will be changed to read <br />as follows: <br />That the City shall have the right to inspect any and all of the City cost <br />construction to be performed hereunder. Said inspection by the City may <br />be made periodically during t;ie progress of the work. All the work under <br />said County contract shall bt performed in substantial compliance wits the <br />approved plans, specifications and ;ial provisions. If the City, aft!r <br />the work has been completed, belir ghat the City cost constr'-,Lion has <br />not been properly performed, or that the work is defective, the -ity shall <br />inform the County Engineer in writing of such defects. Any <br />recommendations made by the City regarding the work performed under this <br />agreement are not binding on the County, and the County shall have the <br />exclusive right to determine whether the work has been satisfactorily <br />performed by the County's contractor. <br />Sincerely, <br />Zeodore J. Ho m P.E. <br />Chief Design Engineer <br />JGM:mak <br />cc: Kathleen A. Blatz <br />HENNEPIN COUNTY <br />on equo; opporlunrty rmp4vrer <br />