Agenda - Council - 09/26/2023 - Laserfiche WebLink

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MnDOT Contract No.: 1052605 "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. C. Copies of the endorsed and canceled County warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate County official that final construction contract payment has been made. D. Copies of all construction contract change orders, supplemental agreements, and work orders. E. A certification form, attached to a copy of the Final Schedule "I", both provided by the State. The certification form will be signed by the County's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current Standard Specifications for Construction. iii. Full payment by the County to its contractor for all contract construction. F. When requested, copies certified by the County's Engineer, of material sampling reports and material testing results for the materials furnished for the contract construction. G. A copy of the "as built" plan sent to the State Aid Agreements Engineer. H. A formal invoice (original and signed) in the amount due the County as shown in the Final Schedule "I". 9.7. 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 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. -11- Payable Standard