4.7 SR 12-21-2020 - Laserfiche WebLink

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MnDOT Contract No.: 1044570 7.Agreement No. 1045391 between the State and Elk River Municipal Utilities will address watermain construction; and 8.Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 9.Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1.Effective Date. 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: 3. Maintenance by the City; 11. Liability; Worker Compensation Claims; 14. State Audits; 15. Government Data Practices; 17. Governing Law; Jurisdiction; Venue; and 19. Force Majeure. The terms and conditions set forth in Article 4. Signal Systems and Emergency Vehicle Preemption Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4.Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 7102-135 (T.H. 10=003) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5.Exhibits. Preliminary Schedule "I" is on file in the office of the City's Public Works Director/Chief Engineer and the County's Public Works Director/County Engineer and is attached and incorporated into this Agreement. 2.Construction by the State 2.1.Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2.Direction, Supervision, and Inspection of Construction. A.Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and except as provided below, perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B.Construction Engineering and Inspection by the City. The City will assign its City Engineer or other registered professional engineer to perform construction engineering in connection with the sanitary sewer and lighting construction. The engineer so assigned will act under the supervision and direction of the State and be responsible for construction inspection, control of materials, and associated documentation for said construction. The construction will be performed according to the Project Plans and recognized and accepted practices and procedures as set forth in various State manuals, including -2- Receivable Standard CE by Both Parties (Cooperative Agreements)