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MnDOT Contract No: 1031738 <br /> <br /> -1- <br /> <br />Receivable Standard (Cooperative Agreements) <br />STATE OF MINNESOTA <br />DEPARTMENT OF TRANSPORTATION <br />And <br />CITY OF ARDEN HILLS <br />COOPERATIVE CONSTRUCTION <br />AGREEMENT <br />State Project Number (S.P.): 6205-39 Estimated Amount Receivable <br />Trunk Highway Number (T.H.): 10=062 $413,181.89 <br />Federal Project Number: STPF 6219(116) <br /> <br /> <br />This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and <br />City of Arden Hills acting through its City Council ("City"). <br />Recitals <br />1. The State will perform auxiliary lane and noise wall construction and other associated construction upon, <br />along and adjacent to Trunk Highway No. 10 from County State Aid Highway No. (C.S.A.H.) 96 to Trunk <br />Highway No. 35W according to State-prepared plans, specifications and special provisions designated by the <br />State as State Project No. 6205-39 (T.H. 10=062) ("Project"); and <br />2. The City has requested the State include in its Project water main replacement and subsequent frontage road <br />construction; and <br />3. The City wishes to participate in the costs of the water main and frontage road construction and construction <br />engineering delivery costs; and <br />4. The City will provide for major and minor frontage roadway maintenance; and <br />5. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State <br />construction contract, and payment by the City for such relocation according to applicable statutes and rules <br />for utilities on trunk highways; and <br />6. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make <br />arrangements with and cooperate with any governmental authority for the purposes of constructing, <br />maintaining and improving the trunk highway system. <br />Agreement <br />1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits <br />1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by <br />Minnesota Statutes § 16C.05, subdivision 2. <br />1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. <br />1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive <br />in order to give effect to their meaning will survive the expiration or termination of this Agreement, <br />including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker <br />Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; <br />Venue; and 14. Force Majeure. <br />1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the <br />State as State Project No. 6205-39 (T.H. 10=062) are on file in the office of the Commissioner of <br />Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans").