Agenda - Council - 07/12/2022 - Laserfiche WebLink

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MnDOT Contract No.: 1050030 7.2. Conditions of Payment. The State will pay the City the State's total estimated construction cost share, which does not include the construction engineering cost share or the contingency amount, as shown in the Revised Schedule "I", after the following conditions have been met: A. Encumbrance by the State of the State's total estimated construction cost share,the construction engineering cost share, and the contingency amount, as shown in the Revised Schedule "I". B. Execution of this Agreement and transmittal to the City, including a letter advising of the State's concurrence in the award of the construction contract. C. The State's receipt of a written request from the City for the advancement of funds.The request will include certification by the City that all necessary parties have executed the construction contract. 7.3. Limitations of State Payment;No State Payment to Contractor. The State's participation in the contract construction is limited to the State participation construction shown in Article 7.1, 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 City.The City's contractor is not intended to be and will not be deemed to be a third-party beneficiary of this Agreement.The City's contractor will have no right to receive payment from the State.The State will have no responsibility for claims asserted against the City by the City's contractor. 7.4. Construction Costs Exceeding Encumbered Amount. Whenever it appears the cost of the State participation construction covered under this Agreement is about to exceed the current amount of encumbered State funds,the City will notify the State District Engineer's authorized representative in writing prior to performance of the additional State participation construction. Notification will include an estimate in the amount of additional funds necessary to complete the State participation construction including construction engineering costs and the reason(s)why the current amount encumbered will be exceeded.The State will, upon its approval of the additional State participation construction, encumber the necessary additional funds.That action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for State participation construction covered under this Agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City's own risk.The City will notify the State District Engineer's authorized representative in writing of the additional State participation construction. Notification will include an estimate in the amount of additional funds necessary to cover the additional State participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State District Engineer's authorized representative approves the additional State participation construction,the City's claim for compensation along with a request for encumbrance of the necessary additional funds will be submitted to the State's Budget Section for review of compliance with Minnesota Statutes§ 16A.15, subdivision 3, but no guarantee is made that the claim will be approved by the State's Budget Section. If the claim for compensation and the request for encumbrance of the necessary additional funds are approved by the State's Budget Section,that action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. 7.5. Records Keeping and Invoicing by the City. The State will provide the City with a Payment Processing Package containing a Modified Schedule "I" form, instructions, and samples of documents for processing final payment of the State participation construction covered under this Agreement. The City will keep records and accounts that enable it to provide the State with the following prior to final payment: -7- Payable Standard (Cooperative Agreements)