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S.P. 1810-92(T.H.371) <br /> Agreement Number 1000912 <br /> e. Any other requirements set forth in the Work Order. <br /> 2. If the Utility Owner wishes to subcontract any Utility Work, it must first <br /> obtain prior written Approval from the Utilities Engineer before awarding the <br /> contract for that work. This Approval will not be unreasonably withheld. All <br /> bidding and contracting must be conducted according to all federal and <br /> State laws and regulations applicable to the Utility Owner and the Project. <br /> If the subcontracted work costs $10,000 or more, the Utility Owner must: <br /> a. Enter into a written contract with the subcontractor for that work. The <br /> contract must include or incorporate the "Audits," "Insurance," and <br /> "Indemnification" clauses in substantially the same form as they <br /> appear in this MUA; provide a detailed breakdown of the basis for <br /> compensation; and state that there will be no "penalty" or "winding <br /> up" charges for contract termination. <br /> b. Provide copies of the contract to MnDOT prior to its execution or <br /> before commencing work under an already executed "retainer-type" <br /> contract. <br /> C. Lump Sum Basis: If the parties can agree on a lump sum amount, the Utility Work <br /> may be reimbursed on a lump sum basis according to the Work Order. Pursuant <br /> to Minnesota Statutes, section 161.46, subdivision 3, if MnDOT is responsible for <br /> the cost of the utility work, the total cost of the utility work under a particular lump <br /> sum Work Order must not exceed $100,000. <br /> D. Actual Cost Basis: The Utility Work may be reimbursed on reasonable and <br /> necessary costs actually incurred performing the Utility Work, subject to cost <br /> eligibility and reimbursement standards in 23 CFR 645.117 and any other <br /> applicable regulations or procedures. This amount will not include costs <br /> associated with Betterment, salvage, and/or retirement value. If an actual cost <br /> basis is used, the party responsible for performing the Utility Work must develop <br /> and record the costs of the Utility Work according to 23 CFR 645.117 and any <br /> other applicable regulations or procedures. The party responsible for performing <br /> the work will provide the other party with all information and reports that State and <br /> federal statute or regulation require. <br /> 1. For each specific UDS location where the parties agree to base <br /> reimbursement on an actual cost basis, the party responsible for performing <br /> the Utility Work at that location will prepare an itemized estimate of the <br /> relocation cost according to its standard practice. <br /> Page 14 of 28 <br />