Agenda - Council - 09/26/2023 - Laserfiche WebLink

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MnDOT Contract No.: 1052605 construction. Before payment by the State, the County will furnish the State with certified copies of the documents for rights -of -way and easements, construction permits, and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The County will convey to the State by quit claim deed all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project at no cost or expense to the State. 4.3. The County will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed upon and within the Trunk Highway Right -of -Way. Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway Right -of -Way" (Form 2525). 4.5. The City will submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction. The City is advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. 4.6. The City will obtain, through the District's Right -of -Way Area Manager, a Limited Use Permit (LUP), currently LUP 0202-0108, to cover the City's liability responsibilities of trails to be constructed upon the State's Right -of -Way. 4.7. During the Project, the State requires space along the Project corridor for field office operations, construction staging, equipment storage, and related activities. The County acquired property located at 7751 Highway 10 NW in the City (PID# 28-32-25-31-0021) identified as Parcels 1, 2, and 142 of Anoka County Highway Right -of -Way Plat No. 102 (the Property). The County agrees that the State may use the County's Property, including land and buildings, for its field operations through completion of the Project on or about May 31, 2026. 4.8. The State acknowledges that the County has entered into a private lease involving land directly adjacent to the Property that will be used by the State. The State consents to such concurrent use and will ensure that the adjacent parcel is not obstructed and shall have clear access during the Project. 4.9. The State and County shall each be responsible for its own acts, omissions, and the results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the others and the results thereof. Minnesota Statutes Section 3.736 and Chapter 466 and other applicable laws govern liability of the parties as to the State's use of County Property. 4.10. Any State contractors occupying space on the Property shall provide the State and County with properly executed certificate(s) of insurance, including all required endorsements, naming the County as additional insured and demonstrating general liability coverage of not less than $2 million per occurrence, auto liability of not less than $1 million per occurrence, and minimum limits of liability for workers compensation in accordance with applicable state law coverage for all employees. S. 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 the NW Frontage Road, North Frontage Road, NE Frontage Road, and Riverdale Drive. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing, seal coating, and any other maintenance activities according to accepted City maintenance practices. -6- Payable Standard