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

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MnDOT Contract No: 1002020 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings and depiction of utilities affected by the contract construction. 5. Maintenance by the City Upon completion of the Project, the City will provide the following without cost or expense to the State: 5.1. Roadways. Maintenance of Traprock Street Northwest and Riverdale Drive Northwest. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 5.2. Municipal Utilities. Maintenance of any municipal -owned utilities construction, without cost or expense to the State. 5.3. Shared Use Paths. Maintenance of any shared use paths construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. 5.4. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction 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. $584,280.00 is the State's full and complete lump sum cost for grading and bituminous surfacing construction and associated construction engineering. 6.2. Conditions of Payment. The State will pay the City the full and complete lump sum amount or the total cost of the contract construction as shown in the awarded contract bid document plus an 8 percent construction engineering cost share, whichever amount is smaller, 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 parry'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. -4- Payable Lump Sum (Municipal Agreements)