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Mn/DOT Contract No: 04044 <br />A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended <br />third -party beneficiary of the contract with respect to the portion of work performed on the State's right- <br />of-way; and <br />B. A clause requiring the State to be named as an additional insured on any insurance coverage which the <br />contractor is required to provide; and <br />C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk <br />highway, will flow to, and be enforceable by, the State as the owner of such improvements. <br />3.5. Direction, Supervision and Inspection of Construction <br />A. The contract construction will be under the direction of the City and under the supervision of a registered <br />professional engineer; however, the State participation construction covered under this Agreement will <br />be open to inspection by the State District Engineer's authorized representatives. The City will give the <br />State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract <br />construction. <br />B. Responsibility for the control of materials for the contract construction will be on the City and its <br />contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 <br />in the State's current "Standard Specifications for Construction". <br />3.6. Completion of Construction. The City will cause the contract construction to be started and completed <br />according to the time schedule in the construction contract special provisions. The completion date for the <br />contract construction may be extended, by an exchange of letters between the appropriate City official and <br />the State District Engineer's authorized representative, for unavoidable delays encountered in the <br />performance of the contract construction. <br />3.7. Plan Changes. All changes in the Project Plans and all addenda, change orders and supplemental <br />agreements entered into by the City and its contractor for contract construction must be approved in writing <br />by the State District Engineer's authorized representative. <br />3.8. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply <br />with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to <br />that portion of work performed on the State's trunk highway right-of-way, the City will not require the <br />contractor to follow local ordinances or to obtain local permits. <br />3.9. Construction Documents Furnished by the City. The City will keep records and accounts that enable it to <br />provide the State, when requested, with the following: <br />A. Copies of the City contractor's invoice(s) covering all contract construction. <br />B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for fmal contract construction, or <br />computer documentation of the warrant(s) issued, certified by an appropriate City official that final <br />construction contract payment has been made. <br />C. Copies of all construction contract change orders and supplemental agreements. <br />D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract <br />construction attesting to the following: <br />i. Satisfactory performance and completion of all contract construction according to the Project Plans. <br />ii. Acceptance and approval of all materials furnished for the contract construction relative to <br />compliance of those materials to the State's current "Standard Specifications for Construction". <br />iii. Full payment by the City to its contractor for all contract construction. <br />E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for <br />the materials furnished for the contract construction. <br />-3- <br />