03.B - Cooperative Construction Agreement

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MnDOT Contract No: 1000645 4.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 4.4. Related Agreements. A separate Agreement between the State and Crow Wing County and the State and the City of Jenkins will address the termination of the operation and maintenance of the existing traffic signal agreement at this intersection. 4.5. State Furnished Materials. The State will furnish a cabinet and controller and battery back-up("State Furnished Materials"),according to the Project Plans,to operate the traffic control signal system covered under this Agreement. The City's lump sum share for State Furnished Materials is$6,340.75. The City's cost share for State Furnished Materials will be added to the City's total lump sum construction cost share. 5. City Cost and Payment by the City 5.1. City Cost.$68,179.07 is the City's full and complete lump sum cost for removal and installation of the signal system construction,State Furnished Materials and construction engineering delivery costs. 5.2. Conditions of Payment.The City will pay the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the City. B. The City's receipt of a written request from the State for the advancement of funds. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek,Municipal Agreements Engineer(or successor) Address: 395 John Ireland Boulevard, Mailstop 682,St. Paul,MN 55155 Telephone: (651)366-4634 E-Mail: maryanne.kellysonnek@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Sandy Peine,City Clerk(or successor) Address: 4638 County Road 11, Pequot Lakes,MN 56472 Telephone: (218)568-5222 E-Mail: speine@pequotlakes-tnn.gov pequotlakes-mn.gov 7. Assignment;Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement,executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City.No other understanding regarding this Agreement,whether written or oral, may be used to bind either party. -5- Design-Build Lump Sum(Municipal Agreements)