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DocuSign Envelope ID:2C36256F-94DE-4874-8COF-3A4C509DAAD2 <br /> MnDOT Contract No.: 1052605 <br /> B. Immediate Notification. The County will notify the State District Engineer's authorized representative <br /> immediately upon the contractor encountering contaminated soils and/or groundwater in areas that <br /> are within the Project limits.The County will confer with the State as to the handling, disposal, and any <br /> other issues related to contaminated materials found on State Right-of-Way or import of materials <br /> onto State Right-of-Way. <br /> C. Environmental Consultant. The County will provide for an Environmental Consultant to be on site to <br /> observe and document the excavation, handling, and disposal of contaminated soils that have been <br /> identified within the Project limits. If the contractor encounters contaminated materials in areas not <br /> previously identified and upon notification by the County to the State,the County hired Environmental <br /> Consultant will be provided to collect and analyze soil and/or groundwater samples to determine <br /> contaminant levels, work with the landfill for disposal of the soil waste, and provide oversight of any <br /> soil and groundwater handling and disposal.The County will not allow the contractor to excavate any <br /> contaminated soil unless the Environmental Consultant is present. <br /> 3.7. Completion of Construction. The County 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 County official <br /> and the State District Engineer's authorized representative,for unavoidable delays encountered in the <br /> performance of the contract construction. <br /> 3.8. Plan Changes. The State will not participate in the cost of any contract construction that is in addition to <br /> the State participation construction covered under this Agreement unless the following conditions have <br /> been met: <br /> A. The necessary State funds have been encumbered. <br /> B. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work <br /> orders entered into by the County and its contractor for State participation construction are approved <br /> in writing by the State District Engineer's authorized representative. <br /> 3.9. State Furnished Engineering Services. Upon written request from the County,the State may furnish <br /> specific engineering or technical services, pursuant to Minnesota Statutes § 161.39. Such services may be <br /> covered by other technical services agreements.The County will pay the State to reimburse the Trunk <br /> Highway Fund for the full cost and expense of furnishing such services upon the State's requests for <br /> reimbursement.The costs and expenses will include the current State labor additives and overhead rates, <br /> subject to adjustment based on actual direct costs that have been verified by audit. Providing such services <br /> will not make the State a principal or co-principal with respect to liability regarding the contract <br /> construction. <br /> 3.10. Compliance with Laws,Ordinances,and Regulations <br /> A. The County will comply and cause its contractor to comply with all Federal, State, and Local laws, and <br /> all applicable ordinances and regulations.With respect only to that portion of work performed on the <br /> State's Trunk Highway Right-of-Way,the County will not require the contractor to follow local <br /> ordinances or to obtain local permits. <br /> B. County treatment of all public, private,or cooperatively owned utility facilities which directly or <br /> indirectly serve the public and which occupy highway rights of way will conform to 23 CFR 645 <br /> "Utilities" which is incorporated into this Agreement by reference. <br /> 4. Right-of-Way;Easements;Permits;State Field Office <br /> 4.1. The County will obtain all rights-of-way, easements, construction permits, and any other permits and <br /> sanctions that may be required in connection with the local and trunk highway portions of the contract <br /> -5- <br /> Payable Standard <br />