05-05-26 City Council Meeting Packet

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MnDOT Contract No.: 1060495 -2- Payable DCP and State Encumbering and Paying TH Portion 8. This agreement will terminate Signal Agreement No. 85526M for the intersection of TH 36 at CSAH 17/Lake Elmo Avenue; 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: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 6. Maintenance by the County; 7. Stormwater Management Facility Maintenance; 8. Keats Avenue Access Modification; 12. Liability; Worker Compensation Claims; Insurance; 15. State Audits; 16. Government Data Practices; 18. Governing Law; Jurisdiction; Venue; and 20. Force Majeure. 1.4. Plans, Specifications, and Special Provisions. State-approved County plans, specifications, and special provisions designated by the City and the State as State Project No. 206-020-005, by the County and the State as State Project No. 082-617-014, and by the State as State Project No. 8204-57 (TH 36=118) are on file in the office of the County's Engineer and incorporated into this Agreement by reference (Project Plans). 1.5. Duties of the County. The County will perform all of its duties and obligations in MnDOT Contract No. 1052258, which is incorporated herein by reference, in the solicitation, letting, award, and administration of the construction of the Project. 1.6. Exhibits. The Preliminary Schedule "I" is attached and incorporated into this Agreement. Exhibit A – Drainage Ownership and Maintenance Exhibit and Exhibit B – Lighting Maintenance and Ownership Exhibit are attached and incorporated into this Agreement. 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the City and the County (and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the Project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this Project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City or the County (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the County or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied