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<br /> <br /> <br /> <br /> General), and hold Mn/DOT harmless from any claims or costs arising out of or <br /> incidental to the Project(s), including reasonable attorney fees incurred by Mn/DOT. <br /> The City's indemnification obligation extends to any actions related to the <br /> certification of DBE participation, even if such actions are recomnxended by Mn/DOT. <br /> <br /> IL. DUTIES OF Mn/DOT. <br /> <br /> A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt <br /> and disbursement of federal funds and will act in accordance herewith. <br /> <br /> B. PROJECT ACTIVITIES: <br /> 1. Mn/DOT will make the necessary requests to the FHWA for authorization to use <br /> federal funds for the Project(s), and for reimbursement of eligible costs pursuant <br /> to the terms of this agreement. <br /> <br /> 2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be <br /> included in the bid solicitation and will provide the required Federal-aid <br /> provisions to be included in the Proposal for Highway Construction. <br /> <br /> 3. Mn/DOT will review and certify the DBE participation and notify the City when <br /> certification is complete. If certification of DBE participation (or good faith <br /> efforts to achieve such participation) cannot be obtained, then City must decide <br /> whether to proceed with awarding the contract. Failure to obtain such <br /> certification will result in the project becoming ineligible for federal assistance, <br /> and the City must make up any shortfall. <br /> <br /> <br /> 4. Mn/DOT will provide the required labor postings. <br /> <br /> C. PAYMENTS. <br /> <br /> I. Mn/DOT will receive the federal funds to be paid by the FHWA for the <br /> Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. <br /> <br /> 2. Mn/DOT will reimburse the City, from said federal funds made available to each <br /> Project, for each partial payment request, subject to the availability and limits of <br /> those funds. <br /> <br /> 3. Upon completion of the Project(s), Mn/DOT will perform a final inspection and <br /> verify the federal and state eligibility of all the payment requests. If the Project is <br /> found to have been completed in accordance with the plans and specifications, <br /> Mn/DOT will promptly release any remaining federal funds due the City for the <br /> Project(s). <br /> <br /> 4. In the event Mn/DOT does not'obtain funding from the Minnesota Legislature or <br /> other funding source, or funding camzot be continued at a sufficient level to allow <br /> for the processing of the federal aid reimbursement requests, the City may <br /> continue the work with local funds only, until such time as Mn/DOT is able to <br /> <br /> <br /> (Mn/DOT Agreement No. <br /> N:TedAid\Agreement\latest samples\147-000-000 new brighton DCP Agency Agreement 06.doc 2/5/00 Page 6 <br />