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MnDOT Contract Number: 1050186 <br />furnish and assign another responsible employee to be in charge of the project. The services of the <br />Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred <br />unless approved in writing by the Requesting Party's authorized representative. This written consent <br />will in no way relieve the Providing Party from its primary responsibility for the work. <br />4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific <br />engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The <br />work order Contract will require the Other Party to deposit payment in advance. The costs and <br />expenses will include the current State additives and overhead rates, subject to adjustment based <br />on actual direct costs that have been verified by audit. <br />4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work <br />on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work <br />order contract is fully executed are considered unauthorized and undertaken at the risk of non- <br />payment. <br />4.1.5. In connection with the performance of this contract and any work orders issued, the Providing <br />Agency will comply with all applicable Federal and State laws and regulations. When the Providing <br />Party is authorized or permitted to award contracts in connection with any work order, the <br />Providing Party will require and cause its contractors and subcontractors to comply with all Federal <br />and State laws and regulations. <br />4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all <br />work orders for Roadway Maintenance, <br />4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits <br />and sanctions that may be required for the proper and lawful performance of the work. <br />4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, <br />policies and operations. <br />4.2.3. The Providing Party must use State -approved materials, including (by way of example and without <br />limitation), sign posts, sign sheeting, and de-icing and anti -icing chemicals. <br />4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to <br />all work order contracts for construction administration. <br />4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance <br />with state law. <br />4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the <br />contract amount. The Providing Party will take all necessary action to make claims against such <br />bonds in the event of any default by the contractor. <br />4.3.3. 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 />4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the <br />State harmless against any loss incurred with respect to the performance of the contracted work, <br />and must be required to provide evidence of insurance coverage commensurate with project risk. <br />4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. <br />4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, <br />including but not limited to applicable human rights/anti-discrimination laws and laws concerning <br />the participation of Disadvantaged Business Enterprises in federally -assisted contracts. <br />4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights <br />of way, easement, and construction permits for its portion of the improvements. Each party will, <br />upon the other's request, furnish copies of right of way certificates, easements, and construction <br />permits. <br />The Mounds View Vision <br />A Thriving Desirable Community <br />