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RES 17-83
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RES 17-83
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12/19/2017 9:11:40 AM
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City Government
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RES
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12/18/2017
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M nDOT 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 />
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