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DocuSign Envelope ID:2C36256F-94DE-4874-8COF-3A4C509DAAD2 <br /> MnDOT Contract No.: 1052605 <br /> 3. The County requests the State provide construction engineering to consist of construction inspection, <br /> surveys and staking, and materials inspection and the State is willing to provide said construction <br /> engineering; and <br /> 4. The City requests that it perform construction engineering to consist of construction inspection and <br /> materials inspection in connection with the City water main and sanitary sewer construction and the State <br /> and the County concur in that request; and <br /> 5. The City will participate in the cost of the State performed surveys and staking construction engineering for <br /> the City water main and sanitary sewer construction; and <br /> 6. The Project has been determined to be eligible for the expenditure of Federal-Aid funds and is programmed <br /> in the federally approved STIP for the fiscal year 2023, and is identified in MnDOT records as State <br /> Project 0202-116 and in the Federal Highway Administration's records as Minnesota Project NHFP-STBG <br /> 0010(340); and <br /> 7. MnDOT Contract 1052131, which has been executed between the County and the State, appoints the State <br /> as the County's agent to receive and disburse transportation related federal funds and sets forth duties and <br /> responsibilities for letting, payment, and other procedures for a federally funded contract let by the County; <br /> and <br /> 8. The Federal-Aid funds available to the State for the construction contract are capped upon the award of the <br /> construction contract and will be paid to the County through the State Aid Finance Office under the <br /> Delegated Contract Process on a reimbursable basis after expenses have been incurred; and <br /> 9. The County has received Federal-Aid funds and will make those available to the State for the State portion of <br /> the contract.The Federal-Aid funds will be paid to the County through the State Aid Finance Office under <br /> the Delegated Contract Process on a reimbursable basis after expenses have been incurred; and <br /> 10. The State Federal-Aid funds will be paid to the County, up to a capped amount, under the Delegated <br /> Contract Process on a reimbursable basis after expenses have been incurred, as set forth in this Agreement; <br /> and <br /> 11. The State funds will be paid to the County, up to a capped amount, as set forth in this Agreement; and <br /> 12. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205; and <br /> 13. Minnesota Statutes§ 161.20, subdivision 2 authorizes the Commissioner of Transportation to make <br /> arrangements with and cooperate with any governmental authority for the purposes of constructing, <br /> maintaining, and improving the trunk highway system. <br /> Agreement <br /> 1. Term of Agreement;Survival of Terms; Plans; Incorporation of Exhibits <br /> 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by <br /> Minnesota Statutes§ 16C.05, subdivision 2. <br /> 1.2. Expiration Date.This Agreement will expire when all obligations have been satisfactorily fulfilled. <br /> 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive <br /> in order to give effect to their meaning will survive the expiration or termination of this Agreement, <br /> including, without limitation,the following clauses: 2.4. State Ownership of Improvements; <br /> 5. Maintenance by the City; 6. Maintenance by the County; 7. Roundabout Maintenance; 8. Bridge <br /> Ownership and Maintenance; 14. Liability; Worker Compensation Claims; Insurance; 17. State Audits; <br /> 18.Government Data Practices; 20. Governing Law;Jurisdiction;Venue; and 22. Force Majeure. <br /> -2- <br /> Payable Standard <br />