Agenda - Council - 12/10/2024 - Laserfiche WebLink

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Project ID: City of Ramsey Riversbend Pond Protect, 2024 AN XA CONS ANI �I�EV 4.1. This Agreement shall commence when executed by both parties. 4.2. This Agreement shall remain in effect during the Effective Life of the Project. 4.3. ACD may terminate this Agreement with seven days' notice in the event of insufficient funds, factors that ACD deems compromise the Project's cost effectiveness toward public benefits, or for other reasons at the ACD's sole discretion. 4.4. The City may terminate this Agreement with seven days' notice. The City is responsible for their portion of costs, as described in Exhibit A (Statement of Work), incurred through the date of cancellation and additional costs to complete work started but not completed prior to cancellation. 5. Grant Payments 5.1. ACD will issue grant payments for eligible Project expenses as described in Exhibit A (Statement of Work). The manner in which payments will be made is: 5.1.1. Reimbursement: ACD may reimburse the City for eligible expenses. Reimbursement requests must be substantiated by invoices/receipts and will be verified by the ACD staff as eligible, practical, and reasonable. Projects must be installed in accordance with the approved Design to be eligible for reimbursement. 5.1.2. Direct payment: ACD may directly pay invoices for eligible Project expenses to contractors or vendors. 6. Project Management 6.1. Expenses for City staff time to perform grant administration, project development, design/engineering, and construction management shall be the sole responsibility of City. 7. Project Performance 7.1. If the Project is installed per the Statement of Work and Project Design and fails to perform as intended under normal operational and environmental conditions, the City will perform project repairs or modifications. 7.2. In no case shall the ACD provide financial assistance for the reapplication of a practice that was removed by the City during its effective life without consent of the ACD, for a practice that was not installed per the Design, or that failed due to improper operations and maintenance. 8. Ownership and Maintenance 8.1. The City, and their respective successors and assigns, shall have the full and sole responsibility for the operation, maintenance, and repair of the Project. Should the Project fail to function over its Effective Life due to City's failure to comply with this agreement, the City shall pay to ACD the lesser of 100% of the cost to rehabilitate or refurbish the Project to its Design performance, install a project of equivalent water quality benefit as determined by the ACD, or up to 150% of the total amount of financial assistance provided. 8.2. If the City fails to maintain the Project according to Exhibit B - Operation and Maintenance Plan after 30 days' written notice to the City from ACD, ACD or its contractor may complete the maintenance and the City shall reimburse ACD for full cost of the work. ACD will notify the City by certified mail of the intent to complete maintenance. 8.3. In the event that the Project integrity is compromised due to reasons beyond City's control, the City will immediately notify ACD. The City is not liable for financial assistance received if the failure was caused by reasons beyond the City's control, or if alternative conservation practices are applied at City's expense that provide equivalent protection of soil and water resources as determined by ACD. 9. Prevailing Wages 9.1. Prevailing wages DO need to be paid for this project. Contracts for state projects or using state funds, including cost share projects, are subject to the prevailing wages as established by the Minnesota Department of Labor and Industry (Minnesota Statutes 177.41 to 177.44 and