Agenda - Council - 09/12/2023 - Laserfiche WebLink

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MnDOT Contract No.: 1052605 3. The County requests the State provide construction engineering to consist of construction inspection, surveys and staking, and materials inspection and the State is willing to provide said construction engineering; and 4. The City requests that it perform construction engineering to consist of construction inspection and materials inspection in connection with the City water main and sanitary sewer construction and the State and the County concur in that request; and 5. The City will participate in the cost of the State performed surveys and staking construction engineering for the City water main and sanitary sewer construction; and 6. The Project has been determined to be eligible for the expenditure of Federal -Aid funds and is programmed in the federally approved STIP for the fiscal year 2023, and is identified in MnDOT records as State Project 0202-116 and in the Federal Highway Administration's records as Minnesota Project NHFP-STBG 0010(340); and 7. MnDOT Contract 1052131, which has been executed between the County and the State, appoints the State as the County's agent to receive and disburse transportation related federal funds and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the County; and 8. The Federal -Aid funds available to the State for the construction contract are capped upon the award of the construction contract and will be paid to the County through the State Aid Finance Office under the Delegated Contract Process on a reimbursable basis after expenses have been incurred; and 9. The County has received Federal -Aid funds and will make those available to the State for the State portion of the contract. The Federal -Aid funds will be paid to the County through the State Aid Finance Office under the Delegated Contract Process on a reimbursable basis after expenses have been incurred; and 10. The State Federal -Aid funds will be paid to the County, up to a capped amount, under the Delegated Contract Process on a reimbursable basis after expenses have been incurred, as set forth in this Agreement; and 11. The State funds will be paid to the County, up to a capped amount, as set forth in this Agreement; and 12. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205; and 13. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 6. Maintenance by the County; 7. Roundabout Maintenance; 8. Bridge Ownership and Maintenance; 14. Liability; Worker Compensation Claims; Insurance; 17. State Audits; 18. Government Data Practices; 20. Governing Law; Jurisdiction; Venue; and 22. Force Majeure. -2- Payable Standard