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MnDOT Contract No.: 1048600 <br />-3- <br />Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) <br />2.5. Utility Relocation. The State authorizes the School District to issue Notices and Orders for utility relocation in <br />accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600. <br />3. Contract Award and Construction <br />3.1. Bids and Award. The School District will receive bids and award a construction contract to the lowest <br />responsible bidder (or best value proposer), subject to concurrence by the State in that award, according <br />to the Project Plans. The contract construction will be performed according to the Project Plans. <br />3.2. Bid Documents Furnished by the School District. The School District will, within 7 days of opening bids for <br />the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and <br />an abstract of all bids together with the School District's request for concurrence by the State in the award <br />of the construction contract. The School District will not award the construction contract until the State <br />advises the School District in writing of its concurrence. <br />3.3. Rejection of Bids. The School District may reject and the State may require the School District to reject any <br />or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide <br />the other party written notice of that rejection or requirement for rejection no later than 30 days after <br />opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be <br />repeated. Upon the other party's written approval of such request, the School District will repeat the <br />bidding process in a reasonable period of time, without cost or expense to the State. <br />3.4. Contract Terms. The School District's contract with its construction contractor(s) must include the <br />following terms: <br />A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an <br />intended third-party beneficiary of the contract with respect to the portion of work performed on the <br />State's Right-of-Way; and <br />B. A clause requiring the State to be named as an additional insured on any insurance coverage which the <br />contractor is required to provide; and <br />C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk <br />highway, will flow to, and be enforceable by, the State as the owner of such improvements. <br />3.5. Direction, Supervision, and Inspection of Construction. <br />A. The contract construction will be under the direction of the School District and under the supervision of <br />a registered professional engineer; however, the State participation construction covered under this <br />Agreement will be open to inspection by the State District Engineer's authorized representatives. The <br />School District will give the State Aid Agreements Engineer at Roseville five days notice of its intention <br />to start the contract construction. <br />B. Responsibility for the control of materials for the contract construction will be on the School District <br />and its contractor and will be carried out according to Specifications No. 1601 through and including <br />No. 1609 in the State's current "Standard Specifications for Construction". <br />3.6. Completion of Construction. The School District will cause the contract construction to be started and <br />completed according to the time schedule in the construction contract special provisions. The completion <br />date for the contract construction may be extended, by an exchange of letters between the appropriate <br />School District official and the State District Engineer's authorized representative, for unavoidable delays <br />encountered in the performance of the contract construction.