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<br />Generic GO Bond Proceeds 34 Ver – 10/26/2020
<br />Grant Agreement for Construction Grants
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<br />Provided, however, the provisions and requirements contained in this Section only apply to
<br />public lands or buildings or other public improvements of a capital nature, and shall not apply to the
<br />demolition or decommissioning of state assets, hazardous material projects, utility infrastructure
<br />projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid
<br />transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas,
<br />truck stations, storage facilities not consisting primarily of offices or heated work areas, roads,
<br />bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water
<br />access sites, harbors, sewer separation projects, water and wastewater facilities, port development
<br />projects for which the Commissioner of Transportation for the State of Minnesota has entered into an
<br />assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from
<br />time to time, ice centers, local government projects with a construction cost of less than
<br />$1,500,000.00, or any other capital project with a construction cost of less than $750,000.00.
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<br />Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the
<br />applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
<br />provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified
<br />or replaced from time to time with respect to the Project and the operation of the Governmental
<br />Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the
<br />Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the
<br />operation of the Governmental Program on or in the Real Property and, if applicable, Facility.
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<br />Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to
<br />any indemnifications provided herein, be responsible for their own acts and the results thereof to the
<br />extent authorized by law, and they shall not be responsible for the acts of the other party and the
<br />results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the
<br />provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to
<br />time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota
<br />Statutes that exists as of the date of this Agreement and as such may subsequently be amended,
<br />modified or replaced from time to time, then the liability of the Public Entity, including but not limited
<br />to the indemnification provided under Section 7.13, is governed by the provisions contained in such
<br />Chapter 466.
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<br />Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss,
<br />expense (including attorneys’ fees), and damage in connection with the Project and operation of the
<br />Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity,
<br />the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from
<br />all claims, demands and judgments made or recovered against the State Entity, the Commissioner of
<br />MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries,
<br />including death at any time resulting therefrom, or because of damages to property of the State Entity,
<br />the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any
<br />cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the
<br />Real Property and, if applicable, Facility, whether or not due to any act of omission or commission,
<br />including negligence of the Public Entity or any contractor or his or their employees, servants or
<br />agents, and whether or not due to any act of omission or commission (excluding, however, negligence
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