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MnDOT Contract No.: 1050030 <br /> 2.5. Utility Relocation. The State authorizes the City to issue Notices and Orders for utility relocation in <br /> accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600. <br /> 3. Contract Award and Construction <br /> 3.1. Bids and Award. The City will receive bids and award a construction contract to the lowest responsible <br /> bidder(or best value proposer), subject to concurrence by the State in that award, according to the Project <br /> Plans.The contract construction will be performed according to the Project Plans. <br /> 3.2. Bid Documents Furnished by the City. The City will,within 7 days of opening bids for the construction <br /> contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all <br /> bids together with the City's request for concurrence by the State in the award of the construction <br /> contract.The City will not award the construction contract until the State advises the City in writing of its <br /> concurrence. <br /> 3.3. Rejection of Bids. The City may reject, and the State may require the City to reject any or all bids for the <br /> construction contract.The party rejecting or requiring the rejection of bids must provide the other party <br /> written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon <br /> the rejection of all bids, a party may request, in writing,that the bidding process be repeated. Upon the <br /> other party's written approval of such request,the City will repeat the bidding process in a reasonable <br /> period of time, without cost or expense to the State. <br /> 3.4. Contract Terms.The City's contract with its construction contractor(s) must include the following terms: <br /> A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an <br /> intended third-party beneficiary of the contract with respect to the portion of work performed on the <br /> State's Right-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 <br /> registered professional engineer; however, the State participation construction covered under this <br /> Agreement will be open to inspection by the State District Engineer's authorized representatives.The <br /> City will give the State Aid Agreements Engineer at Roseville five days' notice of its intention to start the <br /> contract 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. Performance of Oversight Engineering. <br /> A. The State will perform oversight engineering on that portion of the Project involving construction on <br /> the State's Trunk Highway Right-of-Way as required by the FHWA Stewardship Agreement pertaining to <br /> work by local agencies on the NHS. <br /> -3- <br /> Payable Standard (Cooperative Agreements) <br />