8B, US 10/Hwy 96 Agreements - Laserfiche WebLink

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Mn/DOT Contract No: 02885 including,without limitation,the following clauses: 3.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. Plans,Specifications,Special Provisions.Plans, specifications and special provisions designated by the State as State Project No. 6205-38 (T.H. 10)are on file in the office of the Commissioner of Transportation at St.Paul,Minnesota,and incorporated into this Agreement by reference. ("Project Plans") 2. Construction by the State 2.1. Contract Award. The State will advertise forbids 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 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. Inspection by the City. The City utility construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective,the City will promptly inform the State's Project Engineer and District Engineer's authorized representative of those defects. In the event those defects cannot be remedied readily as a field adjustment,the City shall notify the State's Project Engineer and District Engineer's authorized representative in writing of the defect(s)and make recommendations for correction.Any recommendations made by the City will be thoroughly analyzed and discussed with the City in a good faith effort to resolve problems and reach mutual agreement prior to the State making a final decision. The State will seek concurrence from the City in its determination whether the State's contractor has satisfactorily performed the City utility construction. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plans and contract construction,which may include the City utility construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract.The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits A. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City/County to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits will be made on State form"Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525). B. If required,the City will submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain,under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction. -2- Receivable Standard(Municipal Agreements)