03.B - Cooperative Construction Agreement

Home Browse Search

MnDOT Contract No: 1000645 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes §3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes§ 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes§ 16C.05,subdivision 5,the City's books, records,documents,and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13,as it applies to all data provided under this Agreement,and as it applies to all data created,collected, received, stored,used, maintained,or disseminated by the City under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law;Jurisdiction;Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement,or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 13. Termination;Suspension 13.1. By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of design-build contract construction under the Project. Termination must be by written or fax notice to the City. 13.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control,including but not limited to,unusually severe weather, fire, floods,other acts of God, labor disputes,acts of war or terrorism,or public health emergencies. [The remainder of this page has been intentionally left blank] -6- Design-Build Lump Sum(Municipal Agreements)