4.8. SR 09-16-2013 - Laserfiche WebLink

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Mn/DOT Contract No: 04445 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ELK RIVER COOPERATIVE CONSTRUCTION AGREEMENT State Project Number(S.P.): 8825-486 Estimated Amount Receivable Fed.Project Number(S.P.): SB11MN(007) None Trunk Highway Number(T.H.): Various Routes State Aid Project Number(S.P.): 088-060-002 State Aid Project Number(S.P.): 091-060-103 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State") and CITY OF ELK RIVER acting through its City Council("City"). Recitals 1. The State will perform Mississippi River Trail(MRT) sign installation construction and other associated construction upon, along and adjacent to various Trunk Highways, County Roads, City Streets,Township Roads, or trails according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 8825-486 ("Project");and 2. The City has stated its support of the development of the Mississippi River Trail(MRT)which traverses City roadways and trails in accordance with Resolution of Support dated September 17, 2012; and 3. The State wishes to sign the route and will do so through a construction contract; and 4. The State requests that the City grant the State and its contractor the right to enter upon City right of way or property for the purpose of installing the MRT signs, including posts and hardware as needed, along the designated routes; and 5. The State requests and the City agrees to maintain the signs in accordance with City standard maintenance practices; and 6. Minnesota Statutes § 160.266, subdivision 4 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority to establish, develop, maintain, and operate the bikeway and to interpret associated natural and cultural resources. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits I.I. Effective elate. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 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: 4. Maintenance by the City; 7. Liability; Worker Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction; Venue; and 13. Force Majeure. 1.4. Renewal of Contract. At the time the MRT sign panels require systematic renewal,the parties will review this agreement. -1-