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<br /> MnDOT Agreement No. 1056947 <br />SAP No. 200-589-001 <br /> <br />5 <br />CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. Feb 2024) <br />the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or <br />material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might <br />be disqualified or debarred after the Grantee’s contract award on this Project. <br /> <br />16 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota <br />Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, <br />township, school, school district or any other district in the state, for materials, supplies or construction will contain <br />provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any <br />work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed <br />or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are <br />qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, <br />or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons <br />identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the <br />performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a <br />misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, <br />town, township, school, school district or any other person authorized to grant contracts for employment, and all money <br />due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or <br />conditions of this Agreement. <br /> <br />17 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this <br />Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the <br />Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however, <br />the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its <br />contracts with such entities. The Grantee’s consultants and contractors are not intended to be third party beneficiaries <br />of this Agreement. <br /> <br />18 Additional Provisions <br /> <br /> Prevailing Wages. Grantee agrees to comply with all of the applicable provisions contained in Minnesota Statutes <br />Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be <br />amended or replaced from time to time with respect to the project. By agreeing to this provision, Grantee is not <br />acknowledging or agreeing that the cited provisions apply to the project. <br /> <br /> E-Verification. Grantee agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification <br />of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United <br />States, and that it will, if and when applicable, fully comply with such order. <br /> <br /> Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement Grantee <br />certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year <br />2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee does not and will not use any equipment, system, or service that uses <br />“covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial <br />or essential component of any system or as critical technology as part of any system. Grantee will include this <br />certification as a flow down clause in any contract related to this agreement. <br /> <br /> Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title <br />VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which <br />can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal <br />funds are included in Exhibit A, Grantee will ensure the appendices and solicitation language within the assurances are <br />inserted into contracts as required. State may conduct a review of the Grantee’s compliance with this provision. The <br />Grantee must cooperate with State throughout the review process by supplying all requested information and <br />documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas <br />of non-compliance as determined by State. <br /> <br /> Use, Maintenance, Repair and Alterations. The Grantee shall not, without the written consent of the State and