3.11 Master Partnership Contract with MnDOT

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MnDOT Contract Number: 1050325 furnish and assign another responsible employee to be in charge of the project.The services of the Providing Party under a work order contract may not be otherwise assigned,sublet,or transferred unless approved in writing by the Requesting Party's authorized representative.This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Other Party is the Providing Party,the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn.Stat.Section 161.39.The work order Contract will require the Other Party to deposit payment in advance.The costs and expenses will include the current State additives and overhead rates,subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project.Any and all effort,expenses,or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non- payment. 4.1.5. In connection with the performance of this contract and any work orders issued,the Providing Agency will comply with all applicable Federal and State laws and regulations.When the Providing Party is authorized or permitted to award contracts in connection with any work order,the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance.The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order,the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials,including(by way of example and without limitation),sign posts,sign sheeting,and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration.The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s)must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s)must be required to post payment and performance bonds in an amount equal to the contract amount.The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way,contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal,and State laws,ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract,each party will be responsible for providing rights of way,easement,and construction permits for its portion of the improvements. Each party will, upon the other's request,furnish copies of right of way certificates,easements,and construction permits. 4