Agenda - Council - 05/27/2014 - Laserfiche WebLink

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Mn/DOT Contract No: 04044 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF RAMSEY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 0202-97 Trunk Highway Number (T.H.): 10=003 State Aid Number (S.A.P.): 199-109-005 State Aid Number (S.A.P.): 119-115-001 State Aid Number (S.A.P.): 119-116-003 Original Amount Encumbered $702,00.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Ramsey acting through its City Council ("City"). Recitals 1. The City will perform aggregate base, bituminous surfacing, curb and gutter, grading and storm sewer construction and other associated construction upon, along and adjacent to Trunk Highway No. 10 from 0.1 miles east of Armstrong Boulevard to 0.1 miles east of Traprock Street and on Riverdale Drive from Armstrong Boulevard to Traprock Street and on Armstrong Boulevard from T.H. 10 to Riverdale Drive and on Traprock Street from T.H. 10 to 0.1 miles south of Riverdale Drive according to City -prepared plans, specifications and special provisions designated by the City and by the State as State Project No. 0202-97 (T.H. 10=003)("Project"); and 2. The City requests the State participate in the costs of the access closure and frontage road construction and the State is willing to participate in the costs of said construction and associated construction engineering; and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 9. Liability; Worker Compensation Claims; Insurance; 11. State Audits; 12. Government Data Practices; 13. Governing Law; Jurisdiction; Venue; and 15. Force Majeure. 1.4. Plans, Specifications, Special Provisions. State -approved City plans, specifications and special provisions designated by the City and by the State as State Project No. 0202-97 (T.H. 10=003) are on file in the office of the City's Engineer and incorporated into this Agreement by reference. ("Project Plans") 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy trunk highway right-of-way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be -1-