1801 Minnesota 2020 Standard Specifications 73 (3) Provide staging Plans or procedures that describe the locations of storm water and pollutant management Best Management Practices (BMPs) in accordance with 1103 , “Definitions ”
The Contractor shall not start Work in the affected areas until the Engineer accepts the Site Management Plan document and all Material and Equipment are on site. 1718 FURNISHING RIGHT -OF-WAY The Department will pro vide the required Right-of-way for the Project before scheduled construction Work begins, except as otherwise required by the Contract. OFFICIALS The Commissioner and other Department personnel are acting solely as agents of the Department in administering this Contract. Neither the Commissioner nor any other Department personnel assume any personal liability or responsibility in connection with this Contract. 1720 NO WAIVER OF LEGAL RIGHTS The Department may correct measurements, estimates, or certificates made before or after completion and acceptance of Work, after final acceptance of the Contract in accordance with 1516.4 , “Acceptance, Final Contract Acceptance.” The Department may recover overpayments and damages sustained from the Contractor’s failure to fulfill the obligations as required by the Contract from the Contractor or the Contractor’s Sureties . The Contractor shall not conside r a waiver from the Department for any breach of any part of the Contract as a waiver of any other or subsequent breach. Notwithstanding final acceptance of the Contract, the Contractor shall remain responsible for false claims, latent defects, fraud, or s uch gross mistakes as may amount to fraud, or as regards the Department’s rights under any warranty or guaranty. 1721 AUDITS In accordance with MN Statutes § 16C.05, Subd . 5, the Department and the Legislative Auditor or the State Auditor may examine and audit the following for at least 6 years after the end of the Contract:
Prosecution and Progress 1801 SUBLETTING OF CONTRACT The Con tractor m ust not sublet, sell, transfer, delegate, or assign the Contract or any portion of the Contract without the Engineer’s consent. The Contractor may, with the Engineer’s consent, sublet a portion of the Contract as long as the Contractor self-performs Work amounting to at least 40 percent of the total original Contract Amount. The Contractor may subcontract Contract Items designated in the Contract as “specialty items” and the Department will deduct the cost of any specialty items performe d by subcontract from the total original Contract Amount before calculating the 40 percent of Work that the Contractor must self -perform. 1802 74 Minnesota 2020 Standard Specifications On Contracts with Disadvantaged Business Enterprise (DBE), Targeted Group Business (TGB) or Veteran -Owned Small Business (VET) established goals, or any combination thereof, the Contractor's organization shall perform Work amounting to not less than 30 percent of the total original Contract Amount. The Department will deduct specialty items from the total original C ontract Amount before calculating the amount of Work that the Contractor shall perform. No Subcontractor is permitted to further sublet its portion of the Work without the Engineer’s consent. If it has obtained the Engineer’s consent, a first tier Subcontr actor may sublet up to 50 percent of that Subcontractor’s work. The Department will not allow second tier Subcontractors to sublet any portion of the Work. The Contractor must request consent to sublet portions of the Contract using the online system desig nated by the Department, unless the Department requires the Contractor to use a paper “Request to Sublet” form provided by the Department. The Contractor must file this request at least 10 Business Days before the Subcontractor intends to start Work. If re quested by the Department, the Contractor must provide one signed copy of each subcontract. The Contractor may omit subcontract prices when providing the required copy of a subcontract. The Department will consider Work subcontracted without the Engineer’s consent and subcontracted Work exceeding the percentages specified in this section as unauthorized Work in accordance with 1512 , “Unacceptable and Unauthorized Work.” The Engineer’s consent does not constitute the Engineer’s or Department’s endorsement of the subcontract, the Subcontractor, or the Subcontractor’s ability to complete the Work in a satisfactory manner. The Engineer’s consent to sublet a portion of the Work does not relieve the Contractor of: (1) any responsibility to complete the Contract; or (2) any other obligations or liability under the Contra