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

Home

Mn/DOT Contract No: 04044 contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference. 6. State Cost and Payment by the State 6.1. State Cost. $702,000.00 is the State's full and complete lump sum cost for the T.H. 10 and the State's share of the Riverdale Drive construction and associated construction engineering. 6.2. Conditions of Payment. The State will pay the City the full and complete lump sum amount which includes the 8 percent construction engineering cost share, after the following conditions have been met: A. Encumbrance by the State of the State's full and complete State funded lump sum cost share. B. Approval by the State's Land Management Director at St. Paul of certified documentation, submitted by the City, for all right-of-way and easement acquisitions required for the contract construction. C. Execution of this Agreement and transmittal to the City, including a letter advising of the State's concurrence in the award of the construction contract. D. The State's receipt of a written request from the City for the advancement of funds. The request will include certification by the City that all necessary parties have executed the construction contract. 6.3. Limitations of State Payment; No State Payment to Contractor [The State's participation in the contract construction is limited to the lump sum amount shown in Article 6.1, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the City. The City's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The City's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the City by the City's contractor. 7. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 7.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: maryanne.kellysonnek@state.mn.us 7.2. The City's Authorized Representative will be: Name/Title: Bruce Westby, City Engineer (or successor) Address: 7550 Sunwood Drive NW, Ramsey, MN 55303 Telephone: 763-433-9825 8. Assignment; Amendments; Waiver; Contract Complete 8.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 8.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. -5-