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4.6. SR 12-18-2017
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4.6. SR 12-18-2017
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MnDOT Contract No. 1029944 <br /> expense of the Project(s)that is not paid by federal funds. MnDOT will receive the federal funds to be paid <br /> by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will <br /> reimburse the Local Government,from said federal funds made available to each Project, for each partial <br /> payment request, subject to the availability and limits of those funds. <br /> 5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect <br /> costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan,the rate proposed <br /> will be used on a provisional basis. At any time during the period of performance or the final audit of a <br /> project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part <br /> 200. MnDOT may adjust associated reimbursements accordingly. <br /> 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the <br /> construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following <br /> certification of the partial estimate,the Local Government will make partial payments to the Contractor in <br /> accordance with the terms of the construction contract for the Project(s). <br /> 5.3.1.Following certification of the partial estimate,the Local Government may request reimbursement for <br /> costs eligible for federal funds. The Local Government's request will be made to MnDOT and will <br /> include a copy of the certified partial estimate. <br /> 5.3.2. Upon completion of the Project(s),the Local Government will prepare a final estimate in accordance <br /> with the terms of the construction contract for the Project(s). The Project Engineer will certify the <br /> final estimate. Following certification of the final estimate, the Local Government will make the final <br /> payment to the Contractor in accordance with the terms of the construction contract for the <br /> Project(s). <br /> 5.3.3. Following certification of the final estimate,the Local Government may request reimbursement for <br /> costs eligible for federal funds. The Local Government's request will be made to MnDOT and will <br /> include a copy of the certified final estimate along with the required records. <br /> 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and <br /> state eligibility of all the payment requests. If the Project is found to have been completed in <br /> accordance with the plans and specifications, MnDOT will promptly release any remaining federal <br /> funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has <br /> been overpaid, the Local Government must promptly return any excess funds <br /> 5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, <br /> or funding cannot be continued at a sufficient level to allow for the processing of the federal aid <br /> reimbursement requests,the Local Government may continue the work with local funds only, until <br /> such time as MnDOT is able to process the federal aid reimbursement requests. <br /> 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this agreement <br /> must comply with 2 CFR 200.306. <br /> 5.5. Federal Funds. Payments under this Agreement will be made from federal funds.The Local Government is <br /> responsible for compliance with all federal requirements imposed on these funds and accepts full financial <br /> responsibility for any requirements including, but not limited to, 2 CFR Part 200 imposed by the Local <br /> Government's failure to comply with federal requirements. If, for any reason,the federal government fails <br /> to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of <br /> federal funds is not available, the Local Government will be responsible for any and all costs or expenses <br /> incurred under this Agreement.The Local Government further agrees to pay any and all lawful claims arising <br /> out of or incidental to the performance of the work covered by this Agreement in the event the federal <br /> government does not pay the same. <br /> 5 <br />
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