11-14-2005 Council Packet - Laserfiche WebLink

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b; % Mn/OOT Agreement No. 85230 V. AUTHORIZED REPRESENTATIVE A. Stale's Authorized Representative for the purposes of the administration of this Agreemoiit is Susan Mulvihill, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseviile, Minnesota 55113, (651) 582-1643, or her successor. B. The City ’s Authorized Representative for the purposes of the administration of this Agreement is Gregory Gappa, Director of Public Services, City of Orono, 2750 Kelley Parkway, Orono, MN 55356, (952) 249-4621. or his successor. C. Slate's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. Vi. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the perfoimanci: of any woik to be done under this Agreement must be made in accordance with the terms of tliis Aorccmenl and State of Minnesota law. C. This Agreement will not be construed as a relinquishment by Stale of any powers or control it may have over the trunk highway covered under this Agreement. Vil MERGERS/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind eithci party. Any amendments to this Agreement must be in writing, and must be executed by the same panie^ who executed the original Agreement, or their successors in office. VIII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3 /36 and the liability of City will be governed by Minnesota Statutes Chapter 466 This clause will no* be conaio'ed to bar any legal remedies each party may have for the other party's failure to fulfill its oblications pursuant to this Agreement. D. Each party to tivs Ayieemfent will defend al its soie cost and e.<pef!sc any action o' o.^oceeding commenced for the puioose of asserting ary cla*m of whatsoever character arising in connection with or by vriue of performance of its own won* as provided herein IX. WORKERS COfvIPENSATION i i