Agenda - Council - 07/11/2017 - Laserfiche WebLink

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MnDOT Contract No: 1002020 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF RAMSEY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 0202-101 Trunk Highway Number (T.H.): 10=003 State Aid Number (S.A.P.): 199-115-003 Original Amount Encumbered $584,280.00 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 grading, bituminous surfacing, and water main construction and other associated construction upon, along and adjacent to Trunk Highway No. 10 on Riverdale Drive Northwest from 300 feet west of Traprock Street Northwest to 200 feet east of Ramsey Boulevard Northwest according to City -prepared plans, specifications and special provisions designated by the City and by the State as State Aid Project No. 199-115-003 and State Project No. 0202-101 (T.H. 10=003) ("Project"); and 2. The City requests the State participate in the costs of the grading and bituminous surfacing construction and the State is willing to participate in the costs of said construction and associated construction engineering as a lump sum amount; 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; Incorporation of Exhibits 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 Aid Project No. 199-115-003 and State Project No. 0202-101 (T.H. 10=003) 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 revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the -1- Payable Lump Sum (Municipal Agreements)