Agenda - Council - 06/27/2023 - Laserfiche WebLink

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MnDOT Contract No.: 1052001 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; 12. Liability; Worker Compensation Claims; Insurance; 15. State Audits; 16. Government Data Practices; 17. Governing Law; Jurisdiction; Venue; and 19. Force Majeure. 1.4. Plans, Specifications, and Special Provisions. State -approved County plans, specifications, and special provisions designated by the County and by the State as State Project 0202-123 (TH 10=003) are on file in the office of the County's Engineer and incorporated into this Agreement by reference (Project Plans). 1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the County and the City (and their 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 State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the County or the City (or their contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right -of -Way (including the construction being performed on such right-of-way) at any time and without notice to the County or the City or their contractors. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may notify and require the County and the City (and their contractors and consultants) to suspend their operations until the County and the City (and their contractors and consultants) take all necessary actions to rectify the situation to the satisfaction of the State. The State will have no liability to the County or the City (or their contractors or consultants) for exercising or failing to exercise its rights under this provision. 2.3. Traffic Control; Worker Safety. While the County and the City (and their contractors and consultants) are occupying the State's Right -of -Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All County, City, contractor, and consultant personnel occupying the State's Right -of -Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right -of -Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the County's contractor with respect to such improvements (if any) will flow to the State. The County will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the County's consultants and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the County will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the County's consultants and contractors. -2- Payable Standard (Cooperative Agreements)