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(Mn/DOT Agreement No. 90473) K:\435\43506119\Word\Work_In_Progress\Federal Participation Agreement\Revisions per City Attorney\MnDOT_Agency_Agreement - Revised version for Approval 1-19-09.DOC 2/5/00 Page 2 Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co-principal with respect to the Project(s). C.LETTING. The City will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 1.The City will solicit bids after obtaining written notification from Mn/DOT that the Federal Highway Administration (“FHWA”) has authorized the Project(s). Any Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2.The City will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal-aid provisions supplied by Mn/DOT. 3.The City will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The City will include in the solicitation the required language for federal-aid construction contracts as supplied by Mn/DOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the City will receive the sealed bids. 4.The City may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from Mn/DOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). 5.The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6.The City will receive and open bids. 7.After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office.