10-28-1987 Council Agenda - Laserfiche WebLink

Home Browse Search

to the City. The City agrees to advance to the County an amount equal to the City total cost share as set forth in said revised SCHEDULE "J" be it more or less than the estimated sum of $52,180.00 forthwith upon the execution of this Agreement and upon receipt of a request from the County for such advancement of funds. The City shall pay its share of the cost to the Treasurer of Ramsey County. Section B. Final Payment by the City It is contemplated that all of the construction work to be performed under said state construction contract is to be done on a unit price basis. Upon completion and acceptance of the work provided for in said contract let by the State and the preparation by the State of a final estimate computing and determing the amount due the contractor performing the work, the Commissioner of Transportation shall determine and compute the amount due the Trunk Highway Fund of the State of Minnesota from the County for City and County cost participation construction work. The County shall then prepare a revised SCHEDULE "J" setting forth the final costs for the City share of the construction contract. After the County determines the actual amount due from the City, it shall apply on the payment thereof as much as may be necessary of the aforesaid funds advanced by the City. If the amount found due from the City is less than the amount of the funds advanced, then, and in that event, the balance of said advanced funds shall be returned to the City without interest. If the amount found due from the City exceeds said amount of funds advanced, the City agrees to promptly pay to the County the difference between said amount found due and said amount of funds advanced. Pursuant to Minn. Stat. 15.415, the Couunty waives claim for any amounts less than $2.00 over the City payment funds earlier received by the County, and the City waives claim for the return of any amounts less than $2.00 of such funds advanced by the City. Section C. Acceptance of Final Cost Share of Completed Construction It is understood and agreed that the aforesaid computation and determination by the Commissioner of Transportation and the County of the amount due from the City hereunder shall be final, binding and conclusive. It is further agreed that the acceptance by the State of the completed construction work provided for in said state plans designated as State Projects 6280 -233 (T.H. 35E =390) and 6280 -62896 (T.H. 35E =390) and State Aid Projects 62- 621 -03, 200- 020 -01 and 200- 103 -01 and performed under contract let by the State shall be final, binding and conclusive upon the County and City as to the satisfactory completion of said work. ARTICLE V - GENERAL PROVISIONS SECTION A. Plan Changes The City may request a change or changes in the plan by a duly adopted City Council resolution. The County may then request a change or changes in the plan by a duly adopted County Board resolution for State Projects 6280 -233 (T.H. 35E =390) and 6280 -62896 (T.H. 35E =390) and State Aid Projects 62- 621 -03, 200 - 020 -01 and 200 - 103 -01 construction to be performed hereunder in order to satisfactorily complete the aforesaid local agencies cost participation construction, and if the State determines that said requested plan change or changes are necessary and /or desirable, the State will cause such change or Page 96 87022 Page 6 of 9