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MnDOT Contract No.: 1052605 <br />2.5. Utility Relocation. The State authorizes the County 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 County 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 County. The County will, within seven days of opening bids for the <br />construction contract, submit to the State's District Engineer a copy of the low bid and an abstract of all <br />bids together with the County's request for concurrence by the State in the award of the construction <br />contract. The County will not award the construction contract until the State advises the County in writing <br />of its concurrence. <br />3.3. Rejection of Bids. The County may reject and the State may require the County to reject any or all bids for <br />the construction contract. The party rejecting or requiring the rejection of bids must provide the other <br />party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. <br />Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon <br />the other party's written approval of such request, the County will repeat the bidding process in a <br />reasonable period of time, without cost or expense to the State. <br />3.4. Contract Terms. The County's contract with its construction contractor(s) must include the following <br />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 County and under the supervision of a <br />registered professional engineer; however, the State will perform construction inspection, materials <br />inspection, and surveys and staking for all construction items except for the City water main and <br />sanitary sewer construction. The City will be responsible for the construction engineering for the City <br />water main and sanitary sewer construction including, but not limited to, construction inspection and <br />materials inspection. The State will provide surveys and staking for the City water main and sanitary <br />sewer construction. The County will give the State Aid Agreements Engineer at Roseville five days' <br />notice of its intention to start the contract construction. <br />B. Responsibility for the control of materials for the contract construction will be on the County and its <br />contractor and will be carried out according to Specifications 1601 through and including 1609 in the <br />State's current Standard Specifications for Construction. <br />3.6. Contaminated Soils and Groundwater within the State's Cost Participation Limits <br />A. 24 Hour Notification. The County will notify the State District Engineer's authorized representative a <br />minimum of 24 hours prior to the contractor beginning the excavation and removal of any <br />contaminated soils that have been identified within the Project limits. <br />-4- <br />Payable Standard <br />