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S.P. 1810-92(T.H. 371) <br /> Agreement Number 1000912 <br /> Utility Work. Incidental Utility Work includes all In-Place/Out-of-Service Work and <br /> Protection In-Place of Facilities. <br /> G. Prequalifred Subcontractors/Subconsultants: If the Contractor is responsible for <br /> designing and/or constructing the Utility Work, it must use a subcontractor or <br /> subconsultant that the Utility Owner has pre-qualified to perform that work or <br /> become prequalified itself. The Utility Owner will prepare and provide the Pre- <br /> Qualified Consultants and Contractors List to MnDOT and the Contractor no more <br /> than seven Calendar Days after this MUA's execution. The Utility Owner will <br /> provide updates to the list as needed to MnDOT and the Contractor. If the Utility <br /> Owner does not provide a list, the Contractor may use other subcontractors or <br /> subconsultants. If the subcontractors or subconsultants on the list are not <br /> reasonably available, the Contractor may use other subcontractors or <br /> subconsultants upon receiving the Utility Owner's Approval. <br /> IX. Responsibility for Cost <br /> A. General: Applicable Laws of the State of Minnesota, including Minnesota <br /> Statutes, section 161.45 and 161.46, and Minnesota Rules, part 8810.3300, <br /> subpart 3 will determine cost responsibility between MnDOT and the Utility Owner. <br /> B. Change in Contractor's Design: Regardless of the initial cost responsibility, if the <br /> Contractor changes the design of a relocation to which the Utility Owner has <br /> agreed, and one of the parties has commenced that relocation, the Contractor will <br /> be responsible for paying the resulting cost. Where MnDOT is responsible, the <br /> Contractor agrees to assume MnDOT's statutory responsibility for the payment of <br /> such design or additional relocation. This provision does not alter MnDOT's <br /> statutory requirements for reimbursement to the Utility Owner, or the Utility <br /> Owner's ability to file a Claim for reimbursement for such costs with MnDOT. <br /> C. Dispute Resolution: If there is a Dispute concerning cost responsibility, the parties <br /> will attempt to resolve that Dispute according to the provisions of Section XIX <br /> below. If a good faith Dispute continues after that attempt, and if MnDOT <br /> consents in writing, the parties will proceed with the Utility Work at MnDOT's cost, <br /> subject to MnDOT reserving all applicable legal and equitable rights to later pursue <br /> reimbursement, plus interest and costs, expenses, and damages, from the Utility <br /> Owner or the Contractor. <br /> Page 12 of 28 <br />