Agenda - Council - 11/10/2020 - Laserfiche WebLink

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MnDOT Contract No.: 1044547 8.3. 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 8.1, 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 County. The County's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The County's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the County by the County's contractor. 9. 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. 9.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 9.2. The County's Authorized Representative will be: Name, Title: Joe MacPherson, County Engineer (or successor) Address: 1440 Bunker Lake Boulevard Northwest, Andover MN 55304 Telephone: (763) 324-3199 E-Mail: joe.macpherson@co.anoka.mn.us 9.3. The City's Authorized Representative will be: Name, Title: Bruce Westby, City Engineer (or successor) Address: 7550 Sunwood Drive Northwest, Ramsey, MN 55303 Telephone: (763) 433-9825 E-Mail: bwestby@ci.ramsey.mn.us 10. Assignment; Amendments; Waiver; Contract Complete 10.1. Assignment. No 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. 10.2. 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. 10.3. 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. 10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City, and the County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Liability; Worker Compensation Claims; Insurance 11.1. 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 -8- Payable Lump Sum on Low Bid (Cooperative Agreements)