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<br />Mn/DOT Contract Number <br />CFMS Contract No. <br />T-Number <br />3.2 During the progress of the work on the project(s), the Local Government may authorize its Project Engineer to <br />request in writing specific engineering and/or technical services from the State, pursuant to <br />Minnesota Statutes Section 161.3 9. Such services may be covered by other technical service <br />agreements. If the State furnishes the services requested, the Local Government will promptly pay <br />the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such <br />services. The costs and expenses will include the current State labor additives and overhead <br />rates, subject to adjustment based on actual direct costs that have been verified by audit. <br /> <br />3.3 The Local Government understands that only the receipt of a fully executed work order contract authorizes the <br />Local Government to begin work under this master contract. Any and all effort, expenses, or actions taken before <br />the work order contract is fully executed is not authorized under Mimlesota Statutes and is undertaken at the sole <br />responsibility and expense of the Local Government. <br /> <br />3.4 The Local Government understands that this master contract is not a guarantee of a work order contract. The <br />State has determined that it may have need for the services under this master contract, but does not commit to <br />spending any money with the Local Government until such time as work orders are written and approved. <br /> <br />3.5 In connection with the performance of this contract and any work orders issued hereunder, the Local Govermnent <br />will comply with all applicable Federal and State laws and regulations. When the Local Government is <br />authorized or permitted to award contracts in connection with any work order, the Local Government will require <br />and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. <br /> <br />3.6 Unless otherwise provided for by agreement or work order, the Local Government must obtain all construction <br />permits and any other permits and sanctions that may be required for the proper and lawful performance of the <br />work. <br /> <br />3.7 If any work order requires the Local Government to perform maintenance on a trunk highway, such maintenance <br />must be performed in accordance with MnDOT maintenance manuals, policies and operations. <br /> <br />3.8 If any work order requires construction on trunk highway right of way and the Local Government awards a <br />contract for the performance of such work, the following will apply: <br /> <br />(a) Contract(s) must be awarded to the lowest responsible bidder in accordance with state law. <br />(b) The contractor( s) must be required to post payment and performance bonds in an amount equal to the <br />contract amount. The Local Government will take all necessary action to make claims against such <br />bonds in the event of any default by the contractor. <br />(c) The contractor(s) must be required to perform work in accordance with the latest edition of the <br />Minnesota Department of Transportation Standard Specifications for Construction. <br />(d) The contractor(s) must be required to indemnify and hold the state harmless against any loss incurred <br />with respect to the performance of the contracted work. <br />(e) The contractor(s) must pay prevailing wages pursuant to state law. <br />(f) The contractor(s) must comply with all applicable Federal, State and Local laws, ordinances and <br />regulations, including but not limited to applicable human rights/anti-discrimination laws and laws <br />concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. <br />(g) The Local Government may approve minor changes to the trunk highway portion of the work if such <br />changes do not increase the State's cost obligation under the applicable work order. <br />(h) The Local Government will not approve any contractor claims for additional compensation without <br />the State's written appro~al, and the execution of a proper amendment to the applicable work order <br />when necessary. The Local Government will tender the processing and defense of any such claims to <br />the State upon the State's request. <br /> <br />2/15/2005 <br /> <br />3 <br />