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MnDOT Agreement No. 1053135
<br />SP or SAP No. 187-108-004, Tied to SAPS 187-020-025 and 062-676-007
<br />township, school, school district or any other district in the state, for materials, supplies or construction will contain
<br />provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any
<br />work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed
<br />or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are
<br />qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier,
<br />or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons
<br />identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the
<br />performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a
<br />misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city,
<br />town, township, school, school district or any other person authorized to grant contracts for employment, and all money
<br />due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or
<br />conditions of this Agreement.
<br />17 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this
<br />Agreement will be construed to make the State a principal, co -principal, partner, or joint venturer with respect to the
<br />Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however,
<br />the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its
<br />contracts with such entities. The Grantee's consultants and contractors are not intended to be third party beneficiaries
<br />of this Agreement.
<br />18 Additional Provisions
<br />18.1 Prevailing Wages. Grantee agrees to comply with all of the applicable provisions contained in Minnesota Statutes
<br />Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be
<br />amended or replaced from time to time with respect to the project. By agreeing to this provision, Grantee is not
<br />acknowledging or agreeing that the cited provisions apply to the project.
<br />18.2 E-Verification. Grantee agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification
<br />of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United
<br />States, and that it will, if and when applicable, fully comply with such order.
<br />18.3 Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement Grantee
<br />certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year
<br />2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee does not and will not use any equipment, system, or service that uses
<br />"covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial
<br />or essential component of any system or as critical technology as part of any system. Grantee will include this
<br />certification as a flow down clause in any contract related to this agreement.
<br />18.4 Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title
<br />VL Non -Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which
<br />can be found at: https://edocs-public.dot.state.mn.us/edocs public/DMResultSet/download?docld=11149035. If federal
<br />funds are included in Exhibit A, Grantee will ensure the appendices and solicitation language within the assurances are
<br />inserted into contracts as required. State may conduct a review of the Grantee's compliance with this provision. The
<br />Grantee must cooperate with State throughout the review process by supplying all requested information and
<br />documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas
<br />of non-compliance as determined by State.
<br />18.5 Use, Maintenance, Repair and Alterations. The Grantee shall not, without the written consent of the State and
<br />the Commissioner, (i) permit or allow the use of any of the property improved with these grant funds (the Real Property)
<br />for any purpose other than in conjunction with or for nonmotorized transportation, (ii) substantially alter any of the Real
<br />Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may
<br />improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in
<br />section (i), (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon
<br />CM State Aid SRTS Grant Agreement (Rev. December 2022)
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