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

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MnDOT Contract No: 1052605A01 REVISION 4.Add the following Articles 6.5,Shared Use Paths,6.6,State Right-of-Way Access,and 6.7, Environmental, regarding County maintenance: 6.5 Shared Use Paths.The County 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 County fails to perform its maintenance services under this Agreement in compliance with applicable laws,the State will provide the County 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 County Engineer will meet to discuss the County'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 County 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 County agree that full pavement replacement is outside of routine and minor maintenance, and the State and the County 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. 6.6 State Right-of-Way Access.The State authorizes the County to enter upon State Right-of-Way to perform the maintenance activities described in this Agreement.The County must notify and coordinate with the State's District Maintenance Engineer prior to accessing State Right-of-Way. While the County 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 County personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 6.7 Environmental. The County 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 County 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 County. REVISION 5.Article 8, Bridge Ownership and Maintenance, is deleted in its entirety and replaced as follows: 8. Bridge Ownership and Maintenance 8.1 Bridge 02061 (CSAH 56/Ramsey Boulevard Over TH 10)and Bridge 02062(CSAH 57/Sunfish Lake Boulevard Over TH 10)The State will share ownership responsibilities for Bridges 02061 and 02062 with the County.The State will be listed as the owner of the bridges in the National Bridge Inspection Standards database.The State will perform or contract bridge inspections and major bridge maintenance and will invoice the County for 55 percent of the cost of these activities, including administrative costs, for Bridge 02061 and 58 percent of the cost, including administrative costs, for Bridge 02062.The County will be responsible for all CSAH 56 and CSAH 57 maintenance and minor bridge maintenance, except those items identified below, which are the City's and the State's responsibility. -3- Payable Amendment (Cooperative Agreements)