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Mn/DQT Contract No: 98490-R <br />2. Construction by the State <br />2.1. ConiractAward The Staie will advert�se for bids and award a construction contract to the lowest <br />responsible bidder according to the Project Plans. <br />2Z. Direction, Supervision anc� 1'nspeclion of Construction. <br />A. Supervision and�nspection by the State. The State wili direct and supervise all cons�ruction ac#ivities <br />performed u�der thE construction co�tract, and perfonn ali consiruction engineering and inspection <br />funetions in connection with the coniract constructio�. All contract constructzon wili be performed. <br />according to the Project Plans. <br />S. Inspectao►x by the City. The City participation constr�etion covered ur�der this Agreement w��l be open to <br />ins�ection by the City. If the City belie�ves thE City garticipat�on constr�ction co�rered uz�der t(�is <br />Agreenri�nt has not been p�operly performed or that the construction is defective, the City will infarm t}�e <br />State District Engzne�r's auti�orized representaii�e in writing af those defects. Any recom�z�endations <br />made by ihe City are not binding on the State. The S�te will have the exclusive right to deterrnine <br />whether the State's contractor has satisfactorily per�ot�ed the City participation constructioqcovered <br />under this Agreerneni. <br />2.3. Plan Changes, Additional Construciion, E%. <br />A. The State will make changes in the Project Pians and contract construction, which may include the City <br />participation construction covered u�der this Agreement, and will enter into any necessary addenda, <br />change arders and supplemental agreements with the State's contractor that are necessary to cause the <br />contract constr�tetion to be perfornzed and completed in a satisfactory rr3anner. The State District <br />Engineer's autharized represencative wit� in�arm ihe appropriate Ciry afficiat of any proposed addenda, <br />change orders and supplemental agreernents to the construction cantract that wi�l affect the City <br />participatior� construction covered under this Agreement. <br />S. The City may request additionaf work or changes to the woric in the p�ans as part of t�e construction <br />cont-ract. Such requesi will be rr�ade by an exchange of tetter(s) with the State. If the State determines <br />t�at the requested additional worfc or g�an changes are necessary or desirable and can be accorr�moclated <br />wi�oui undue disruption to tile project, the State wiii cause the additional work or plan changes ia be <br />made. <br />2.4. SatXsfactory Completion of Contract. The State wiil perform alf ather acts and funetions necessary to cause <br />the construction contxaci to be completed in a saiisfactory ma�ner. Aecepta�cE by the State of the <br />campleted contract co�structia� wiii be final, binding and cor�ciusive upon the City as to ihe satisfactory <br />completion of the cpntract construction. <br />2.5. Permits <br />A. The City wiIl submit to the State's Utility Bngineer an original perrnit appIication for all utilities owned <br />by the City to be constructed hereunder that are upon and within the trunk highr�vay right-of-way. <br />Applications for �ermits will be nnade on State form "Applicaiion For Utility Permit Qn Tzunk Highway <br />Right-O� Way" (Form TP252�). <br />B. Th� City will submit to the Minnesota Follu#ion Control Agency ihe plans and specifications for the <br />constructian or reconst�ction oi its sanitary sewer facilities to be performed under t�e constraction <br />contract and obtain, under Mi�nesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, <br />�ither a permit or written waiver fram that agency far tl�at construction or reconstruction. The City is <br />advised that under Minnesota Rules 7001.1040, a written applicaiion for the pennit or waiver must be <br />sui�mitted to the Minnesota Pollution Cantrol Agency at ieast 180 days beFore ihe planned date of the <br />saztitary sewer facility constructi�n or reconsiruction_ <br />2.6. Replacement of Castings. Adjustments to certain City-owned facilities, including but nat li�ited to, valve <br />boxes and frame and ring castings, may be performed by the Siate's contractor under the canstzuction <br />contract. The City wiil furnish the contractor wiih new units and/ar parts for those in place Cify-owned <br />-2- <br />