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S.P.7102-127(T.H. 10) <br /> MnDOT Agreement Number 1027572 <br /> 2. The Utility Owner authorizes the Project Engineer to make any minor field <br /> changes and adjustments to the plans, specifications, and special provisions <br /> as the State deems necessary for efficient Project construction. The Utility <br /> Owner authorizes the State, on its behalf, to enter into supplemental <br /> agreements with the Contractor as necessary to implement these changes. <br /> B. State's Responsibilities <br /> 1. The State will: <br /> a. Advertise the Project for bids; and <br /> b. Award a construction contract for the Project. This Project will include <br /> the relocation work. <br /> 2. The Project Engineer will supervise and direct the Project, including the <br /> relocation work, but the Utility Owner may inspect the work periodically. If the <br /> Utility Owner finds that any completed relocation work is defective, it must <br /> inform the Project Engineer of these defects in writing; however, any <br /> recommendations the Utility Owner makes are not binding to the State. The <br /> State has the exclusive right to determine whether the Contractor has <br /> performed the work according to the plans, specifications, and special <br /> provisions. <br /> 3. The Project Engineer and the Utility Owner will perform a final inspection of the <br /> work. Once the State has accepted the relocation work, the Project Engineer <br /> will inform the Utility Owner in writing, and the Utility Owner will assume <br /> ownership of the Facilities. <br /> C. Deletion of Work: If the Utility Owner decides to delete the relocation work from the <br /> Project, the Utility Owner will: <br /> 1. Be subject to the Notice and Order and remove and/or relocate the Facilities; <br /> and <br /> 2. Defend (at its own expense and to the extent Minnesota's Attorney General <br /> permits) indemnify, save, and hold the State and all of its agents and <br /> employees harmless of and from all claims, demands, actions, or causes of <br /> action that deleting the relocation work causes. This obligation to indemnify <br /> extends to any attorney's fees. <br /> D. Risk: Risk of loss of partial or complete relocation work will be on the Contractor or <br /> the Utility Owner as the current Standard Specifications for Construction set forth. <br /> Page 3 of 8 <br /> 49 <br />