2015.02.24 CC Packet Combined - Laserfiche WebLink

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MnDOT Contract No: 07080 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 6284-171 (T.H. 35W=063) 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 attached and incorporated into this Agreement by reference. 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 without cost to the Cities of New Brighton and Arden Hills. All contract construction will be performed according to the Project Plans. B. Inspection by the Cities of New Brighton and Arden Hills. The Parties participation of construction covered under this Agreement will be open to inspection by both municipalities. If the Parties believe their participation construction covered under this Agreement has not been properly performed or that the construction is defective, the Parties will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by either City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the Parties participation 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. Either of the Cities of New Brighton and or Arden Hills 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. C. The State reserves the right to invoice either of the Parties for the cost of any construction contract addenda and any additional Cities of New Brighton and or Arden Hills requested work and plan changes, before the completion of the contract construction. 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. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the Parties as to the satisfactory completion of the contract construction. 3. City of New Brighton Maintenance and responsibilities. Upon completion of the project, the City of New Brighton will provide the following without cost or expense to the State: 3.1. Sidewalks and Shared Use Path. Maintenance of any sidewalk and shared use path construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks and shared use path in a safe, useable, and aesthetically acceptable condition. -2- Receivable Lump Sum (Municipal Agreements)