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

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MnDOT Contract No.: 1052605 9. State Cost and Payment by the State 9.1. State Cost. The State's cost for grading, bituminous surfacing, ADA improvements, retaining walls, noise walls, high tension cable guardrail, TMS, lighting, and roundabouts construction 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. A. State Federal -Aid Funds and State Match to the Federal -Aid Funds. $3,200,000.00 is the State Federal - Aid funded portion and $800,000.00 is the State Match to the State 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 State Federal -Aid funds and State match to Federal -Aid funds will be capped at $4,000,000.00. B. State SRC Funds. $8,000,000.00 is the capped amount of the estimated State funded 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). C. State Bond Funds. $10,350,337.45 is the capped amount of the estimated State bond funded 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). 9.2. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract construction is limited to the estimated amounts shown in Article 10.1, 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. Schedule "1': The Preliminary Schedule "I" includes all anticipated State participation construction items covered under this Agreement. The Preliminary Schedule "I" is based upon estimated quantities and estimated unit prices. After the construction contract is awarded, the State will prepare a Revised Schedule "I" based on construction contract unit prices and based upon the Participation Distribution prepared by the Office of State Aid for Local Transportation. The Revised Schedule "I" will replace and supersede the Preliminary Schedule "I" 9.4. Addenda, Change Orders, Supplemental Agreements, and Work Orders. The State will share in the costs of construction contract addenda, change orders, supplemental agreements, and work orders that are necessary to complete the State participation construction covered under this Agreement and are approved in writing by the State District Engineer's authorized representative. 9.5. Liquidated Damages. All liquidated damages assessed the County's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 9.6. Records Keeping and Invoicing by the County. The State will provide the County 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 County will keep records and accounts that enable it to provide the State with the following prior to final payment: A. A copy of the Modified Schedule "I" which includes final quantities of State participation construction. B. Copies of the County contractor's invoice(s) covering all contract construction. -10- Payable Standard