05-05-26 City Council Meeting Packet

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MnDOT Contract No.: 1060495 -11- Payable DCP and State Encumbering and Paying TH Portion 9. State Cost and Payment by the State 9.1. State Cost. The State's cost for interchange construction cost is defined in the construction plan and the attached Schedule "I" and is reflective of the Participation Distribution prepared by the Office of State Aid for Local Transportation. Upon review of the construction contract bid documents described in Article 3.2, the State will decide whether to concur in the County's award of the construction contract and, if so, prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. A. Federal-Aid Funds and State Match to the Federal-Aid Funds. $6,400,000.00 is the Federal-Aid funded portion and $1,600,000.00 is the State Match to the Federal-Aid funds of the State construction cost share and will be paid to the County through the State Aid Finance Office under the Delegated Contract Process (State Aid Manual, Chapter 5.3). The Federal-Aid funds available for the State cost share will be capped upon award of the construction contract. B. State Funded. $5,000.00 is the estimated State funded portion of the construction. The State will pay the County the State funded portion of the State cost share as shown on the Revised Schedule "I" after the following conditions have been met: i. Encumbrance by the State of the State's full and complete State funded cost share. ii. Approval by the State's Land Management Director at Saint Paul of certified documentation, submitted by the County, for all right-of-way and easement acquisitions required for the contract construction. iii. Execution of this Agreement and transmittal to the City and the County. iv. The State's receipt of a written request from the County for the advancement of funds. The request will include certification by the County that all necessary parties have executed the construction contract. 9.2. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract construction is limited to the amount shown in Article 9.1, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the County. The County's contractor is not intended to be and will not be deemed to be a third-party beneficiary of this Agreement. The County's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the County by the County's contractor. 9.3. Final Payment by the State. Upon completion of all contract construction, the State will prepare a Final Schedule "I" in conjunction with the Delegated Contract Process. The Final Schedule "I" will be based on final quantities and include all State participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the State participation construction exceeds the amount of funds advanced by the State, the State will pay the difference to the County without interest. If the final cost of the State participation construction is less than the amount of funds advanced by the State, the County will refund the difference to the State without interest. The State and the County waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 10. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement.