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S.P. 1810-92(T.H. 371) <br /> Agreement Number 1000912 <br /> 1. Contractor Design: The Contractor may design the Utility Work along with <br /> the Project Work if the Utility Owner so authorizes in a Work Order. The <br /> Contractor must complete the design according to the schedule in the Work <br /> Order. The design will be subject to the Utility Owner's Approval by <br /> execution of a Design Approval Letter (Exhibit D(1)). The Utility Owner will <br /> not unreasonably withhold this Approval. <br /> 2. Utility Owner Design: The Utility Owner may design the Utility Work <br /> according to a Work Order. The Utility Owner must complete the design <br /> according to the schedule in the Work Order. The design will be subject to <br /> the Contractor's Approval by execution of a Design Approval Letter (Exhibit <br /> (D(2)). The Contractor will not unreasonably withhold this Approval. <br /> D. Construction <br /> 1. Contractor Construction: The Contractor may construct the Utility Work <br /> along with the Project Work if the Utility Owner so authorizes in a Work <br /> Order. The Contractor must complete the construction according to the <br /> schedule in the Work Order. The construction will be subject to the Utility <br /> Owner's Inspection and Approval by execution of a Construction Inspection <br /> Acceptance Letter (Exhibit E(1)). The Contractor must provide as-built <br /> plans of the Facilities to MnDOT and the Utility Owner no more than 90 <br /> Calendar Days after receiving the Construction Approval Letter (Exhibit <br /> E(3)). Notwithstanding anything in this MUA or Minnesota Rules, part <br /> 8810.330 to the contrary, the Utility Owner will not be liable for damages <br /> that result from the Contractor's failure to perform the Utility Work. <br /> 2. Utility Owner Construction: The Utility Owner may construct the Utility Work <br /> according to a Work Order. The Utility Owner must complete the <br /> construction according to the schedule in the Work Order. Construction will <br /> be subject to the Contractor's Inspection and Approval by execution of a <br /> Construction Inspection Approval Letter (Exhibit E(2)). The Utility Owner <br /> must provide as-built plans of the Facilities to MnDOT no more than 90 <br /> Calendar Days after receiving the Construction Approval Letter (Exhibit <br /> E(2)). <br /> 3. Traffic Control: The Contractor will, at its own cost, provide traffic control <br /> for any Utility Work, regardless of which party performs that Utility Work. <br /> L <br /> Page 10 of 28 <br />