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Liability.The State is requiring that the City and the County indemnify,hold harmless,and defend (to the <br />extent permitted by the Minnesota Attorney General)the State against any claims,causes of actions, <br />damages,costs (including reasonable attorney's fees),and expenses arising in connection with the Project <br />covered by this Agreement,regardless of whether such claims are asserted by the City's or the County's <br />contractor(s)or consultant(s)or by a third party because of an act or omission by the City,the County,or <br />their contractor(s) or consultant(s). <br />FISCAL IMPACT: <br />The County is requesting cost participation in the Project by the City of Lake Elmo for the actual construction costs <br />for specified project components and line items,plus a prorated share of the project engineering costs and County <br />furnished materials.The current estimated Net cost share participation by Lake Elmo is $2,430,000.The actual <br />cost share will be determined once the Project is complete and the final costs are known. <br />The financing plan in the CIP included roughly 50%bonding for the project.As the project cost is less than planned, <br />Finance staff believes we will be able to pay cash for the entirety of the project.Final bonding amounts will be <br />determined later in 2026. <br />OPTIONS: <br />1)Approve the Cooperative Construction Agreement, MnDOT Contract No. 1060495 as presented. <br />2)Identify proposed revisions and direct staff to further negotiate agreement terms.The contract award and <br />construction start would likely be delayed by at least 1-2 weeks. <br />RECOMMENDATION: <br />Staff is recommending that the City Council approve a Resolution approving Cooperative Construction Agreement, <br />MnDOT Contract No.1060495 for the TH 36 and CSAH 17 (Lake Elmo Avenue)Interchange and South Frontage <br />Road Improvements. The recommended motion for the action is as follows: <br />“Move to approve Resolution No. 2026-025 Approving Cooperative Construction Agreement, MnDOT <br />Contract No. 1060495.” <br />ATTACHMENTS: <br />Resolution Approving Cooperative Construction Agreement, MnDOT Contract No. 1060495 <br />Cooperative Construction Agreement, MnDOT Contract No. 1060495