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

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MnDOT Contract No: 1002020 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 E-Mail: bwestby@cityoframsey.com 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. 8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Liability; Worker Compensation Claims; Insurance 9.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorney's fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 10. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. -5- Payable Lump Sum (Municipal Agreements)