Agenda - Council - 09/10/2024 - Laserfiche WebLink

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MnDOT Contract No: 1052605A01 Agreement Amendment REVISION 1.Article 1.6, Exhibits, is amended as follows(deleted contract terms are struck out and added contract terms are underlined): 1.6 Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. Exhibit A— Signing Ownership and Maintenance, Exhibit B— Drainage Ownership and Maintenance, Exhibit C— Wall Maintenance, and Exhibit D—Lighting Maintenance, and Exhibit E—Shared Use Paths Ownership and Maintenance are on file in the office of the State's Cooperative Agreements Engineer at Saint Paul and incorporated into this Agreement by reference. REVISION 2.Article 5.5,Trails, regarding City maintenance, is deleted in its entirety and replaced with Article 5.5,Shared Use Paths, as follows: 5.5 Shared Use Paths.The City will own and provide routine and minor maintenance of the shared use path construction on State Right-of-Way as shown on Exhibit E—Shared Use Paths Ownership and Maintenance. Routine and minor maintenance may include, but are not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, replacement of failing section(s) of pavement,vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the shared use path in a safe, usable, and aesthetically acceptable condition as determined by the State's District Maintenance Engineer and all applicable laws including, but not limited to,the Americans with Disabilities Act. If the City fails to perform its maintenance services under this Agreement in compliance with applicable laws,the State will provide the City with a notice of non-compliance. Within three business days of sending the notice of non-compliance,the State's District Maintenance Engineer and the City Engineer will meet to discuss the City's performance of maintenance and decide upon next steps to remedy any non-compliant performance. If the parties cannot agree upon a remedy, the State may perform such obligation and the City will reimburse the State for the cost thereof plus 10 percent of such cost for overhead and supervision within 30 days of receipt of the State's invoice.The State and the City agree that full pavement replacement is outside of routine and minor maintenance, and the State and the City will share in the cost of pavement replacement according to the State's Cost Participation and Maintenance Responsibilities with Local Units of Government Manual, as amended or revised. REVISION 3.Add the following Articles 5.11,State Right-of-Way Access,and 5.12, Environmental, regarding City maintenance: 5.11 State Right-of-Way Access.The State authorizes the City to enter upon State Right-of-Way to perform the maintenance activities described in this Agreement. The City must notify and coordinate with the State's District Maintenance Engineer prior to accessing State Right-of-Way. While the City is 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 City personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 5.12 Environmental. The City will not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's Right-of-Way. In the event of spillage of regulated materials,the City will immediately notify the State's Authorized Representative in writing and will provide for cleanup of the spilled material and any materials contaminated by the spillage in accordance with all applicable federal, state, and local laws and regulations, at the sole expense of the City. -2- Payable Amendment (Cooperative Agreements)