Laserfiche WebLink
MnDOT Contract No.: 1048600 <br />-2- <br />Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) <br />System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated <br />by another Agreement between the parties. <br />1.4. Plans, Specifications, and Special Provisions. State-approved School District plans, specifications, and <br />special provisions designated by the School District and State as State Project No. 8206-52 (T.H. 61=001) <br />are on file in the office of the City Engineer, in the office of the School District, and incorporated into this <br />Agreement by reference ("Project Plans"). <br />1.5. Exhibits. Exhibit A – State Maintenance Responsibilities is attached and incorporated into this Agreement. <br />2. Right-of-Way Use <br />2.1. Limited Right to Occupy. The State grants to the School District (and its contractors and consultants) the <br />right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project <br />Plans. This right is limited to the purpose of constructing the project, and administering such construction, <br />and may be revoked by the State at any time, with or without cause. Cause for revoking this right of <br />occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to <br />this project) with the State, failing to provide adequate traffic control or other safety measures, failing to <br />perform the construction properly and in a timely manner, and failing to observe applicable environmental <br />laws or terms of applicable permits. The State will have no liability to the School District (or its contractors <br />or consultants) for revoking this right of occupancy. <br />2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned <br />representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the <br />construction being performed on such right-of-way) at any time and without notice to the School District <br />or its contractor. If the State determines (in its sole discretion) that the construction is not being <br />performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not <br />being complied with, or that traffic control or other necessary safety measures are not being properly <br />implemented, then the State may notify and require the School District (and its contractors and <br />consultants) to suspend their operations until the School District (and its contractors and consultants) take <br />all necessary actions to rectify the situation to the satisfaction of the State. The State will have no liability <br />to the School District (or its contractors or consultants) for exercising or failing to exercise its rights under <br />this provision. <br />2.3. Traffic Control; Worker Safety. While the School District (and its contractors and consultants) are <br />occupying the State right-of-way, they must comply with the approved traffic control plan, and with <br />applicable provisions of the Work Zone Field Handbook <br />(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All School District, contractor, and <br />consultant personnel occupying the State's Right-of-Way must be provided with required reflective <br />clothing and hats. <br />2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way, <br />including any improvements made to such right-of-way under this Agreement, unless otherwise noted. <br />The warranties and guarantees made by the School District's contractor with respect to such <br />improvements (if any) will flow to the State. The School District will assist the State, as necessary, to <br />enforce such warranties and guarantees, and to obtain recovery from the School District's consultants, and <br />contractor (including its sureties) for non-performance of contract work, for design errors and omissions, <br />and for defects in materials and workmanship. Upon request of the State, the School District will <br />undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to <br />permit subrogation by the State with respect to claims against the School District's consultants and <br />contractors.