Common use of Contracting and Construction Clause in Contracts

Contracting and Construction. 1. On behalf of the LPA, NDDOT will: a. Prepare the bid package, solicit proposals, and include the project in a scheduled bid opening as provided in the North Dakota Century Code, Chapter 24-02. b. Evaluate the bids as to the sufficiency of Disadvantaged Business Enterprise (DBE) participation and the bidder’s good faith efforts in satisfying the requirements of the current edition of the DBE special provision, and 49 CFR Part 26. NDDOT shall have exclusive authority in evaluating the adequacy of DBE participation. c. Tabulate the bids and send to the LPA. d. Concur in the award of the contract, after the LPA has executed the contract, for the sole purpose of enabling the LPA to procure federal aid for the construction of the project. 2. The LPA will: a. Review bids to determine the lowest responsible bidder. b. Execute the contract. c. Distribute copies of the executed contract and contract bond to NDDOT. 3. During the construction of the project, the LPA will: a. Provide engineering services, material testing, and inspection of the work as required by the contract documents and the current editions of NDDOT’s Sampling and Testing Manual and the Standard Specifications for Road and Bridge Construction. b. Keep all project records and documentation as required in NDDOT’s current editions of the Construction Records Manual and the Construction Automated Records System. c. Make all records available to NDDOT and FHWA for inspection upon request. The LPA will submit all documents and records to NDDOT for review before final payment is made. NDDOT will maintain the project records for three years from the final voucher date of FHWA and then return them to the LPA. d. Be responsible for any changes in plan, character of work, quantities, site conditions, or any claim for extra compensation. NDDOT will review all contract adjustments to determine if the adjustments are eligible for federal aid. Federal aid shall be limited to the amount stated on page one of this agreement.