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MnDOT Contract No: 1000645 including,without limitation,the following clauses: 3.Maintenance by the City;8. Liability;Worker Compensation Claims; 10.State Audits; 11.Government Data Practices; 12.Governing Law;Jurisdiction; Venue;and 14.Force Majeure. The terms and conditions set forth in Article 4. Signal System and EVP System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 2. Construction by the State 2.1. Contract Arvartl. The State will advertise for technical and price proposals and award a design-build contract to the"Best Value Proposer" for State Project No. 1810-92(T.H.371=019)according to the State Request for Qualifications(RFQ)and Request for Proposal(RFP)documents,which are on file in the office of the Commissioner of Transportation at St. Paul,Minnesota,and incorporated into this Agreement by reference. 2.2. Direction,Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all design-build activities performed under the design-build contract,and oversee all construction engineering and inspection functions in connection with the design-build contract construction. All design-build construction will be performed according to the State's Request for Proposals, the Contractor's technical proposal,and approved plans. B. Inspection by the City.The City participation construction covered under this Agreement will be open to inspection by the City. if the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered. under this Agreement. 2.3. flan Changes,Additional Construction,Etc. A. The State may request the Contractor to make changes in the design and/or contract construction,which may include the City participation construction covered under this Agreement,and will enter into any necessary addenda,change orders and supplemental agreements with the State's contractor that are necessary to cause the design-build contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda,change orders and supplemental agreements to the design-build contract that will affect the City participation construction covered under this Agreement. B. The City may request additional work or changes to the work in the plans as part of the design-build contract. Such request will be made by an exchange of letter(s)with the State. if the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project,the State will cause the additional work or plan changes to be made. C. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes,design-build contract addenda,change orders and supplemental agreements,and associated design and construction engineering delivery costs before the completion of the contract construction. If the design and construction engineering delivery costs are not included in any change order or work order estimates,the amount will be added to the City's/Coutity's estimate of costs. 2.4. Satisjtnctor1,Complelion of Contract. The State will perform all other acts and functions necessary to cause the design-build contract to be completed in a satisfactory manner. Acceptance by the State of the completed design-build contract construction will be final,binding and conclusive upon the City as to the satisfactory completion of the design-build contract construction. -2- Design-Build Lump Sum(Municipal Agreements)