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4.8 SR 12-19-2022
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4.8 SR 12-19-2022
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12/15/2022 2:20:58 PM
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12/19/2022
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MnDOT Contract No. 1052149 <br />written consent will in no way relieve the Local Government from its primary responsibility for <br />performance of the work. <br />2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project <br />Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to <br />Minnesota Statutes Section 161.39. Such services may be covered by other technical service <br />agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then <br />the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full <br />cost and expense of furnishing such services. The costs and expenses will include the current MnDOT <br />labor additives and overhead rates, subject to adjustment based on actual direct costs that have been <br />verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co- <br />principal with respect to the Project(s). <br />2.3. Pre-letting. The Local Government will prepare construction contracts in accordance with Minnesota law <br />and applicable Federal laws and regulations. <br />2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA <br />has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will <br />not be eligible for federal reimbursement. <br />2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction <br />contract, which will include all federal-aid provisions supplied by MnDOT. <br />2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by <br />state and federal laws. The Local Government will include in the solicitation the required language for <br />federal-aid construction contracts as supplied by MnDOT. The solicitation will state where the <br />proposals, plans, and specifications are available for the inspection of prospective bidders and where <br />the Local Government will receive the sealed bids. <br />2.3.4. The Local Government may not include other work in the construction contract for the authorized <br />Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. <br />Failure to obtain such notification may result in the loss of some or all of the federal funds for the <br />Project(s). All work included in a federal contract is subject to the same federal requirements as the <br />federal project. <br />2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and <br />distribute any addenda, if needed. <br />2.3.6. The Local Government will receive and open bids. <br />2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the <br />lowest responsible bidder or reject all bids. If the construction contract contains a goal for <br />Disadvantaged Business Enterprises (DBEs), the Local Government will not award the bid until it has <br />received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office <br />of Civil Rights. <br />2.3.8. The Local Government must disclose in writing any potential conflict of interest to the Federal <br />awarding agency or MnDOT in accordance with applicable FHWA policy. <br />2.4. Contract Administration. <br />2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible <br />bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the <br />latest edition of MnDOT's Standard Specifications for Construction when the contract is awarded and <br />all amendments thereto. All contracts between the Local Government and third parties or <br />subcontractors must contain all applicable provisions of this Agreement, including the applicable <br />
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