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Resolution 15-18
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Resolution 15-18
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S.P. 1810-92(T.H. 371) <br /> Agreement Number 1000912 <br /> The Utility Owner will be responsible for all other costs, including Betterments. The Utility <br /> Owner will either perform this work or reimburse the Contractor for performing it. <br /> MnDOT requires the Contractor to include the costs of performing this Utility Work in Form 14a <br /> of its proposal price for the DB Contract. <br /> State law requires a written agreement among the parties to set forth the terms and conditions <br /> for the design, construction, and payment of the relocation work. <br /> I. Master Agreement <br /> This MUA establishes a general framework for processing the Project Utility Work, <br /> whether the Contractor or the Utility Owner performs that work. The actual performance <br /> of the Utility Work will be pursuant to Work Orders issued under this MUA, as described <br /> in Section VII. <br /> A. Definitions: The definitions of the terms in Exhibit A apply when they are used in <br /> the MUA. <br /> B. Legal Authority. The Utility Owner and the Contractor possess the legal authority <br /> to enter into this MUA and have taken all actions required by their procedures, by- <br /> laws, and/or applicable law to exercise that authority, lawfully authorize their <br /> undersigned signatories to execute this MUA, and bind the Utility Owner and the <br /> Contractor to its terms. Minnesota Statutes, sections 161.45 and 161.46 authorize <br /> MnDOT to enter into this MUA. The persons executing this MUA on behalf of the <br /> Utility Owner, MnDOT, and the Contractor have full authorization to do so. <br /> C. Delegation to the Contractor MnDOT will perform the design and construction of <br /> the Project by means of a DB Contract with the Contractor that MnDOT has <br /> procured in compliance with Minnesota Statutes, sections 161.3410-.3428. <br /> MnDOT's entry into this DB Contract may have an impact on the Project Utility <br /> Work, including, without limitation, matters relating to scheduling and coordination. <br /> MnDOT may delegate to the Contractor the duty to perform certain MnDOT <br /> obligations in lieu of MnDOT performing them. MnDOT will retain its obligations to <br /> pay the Utility Owner or the Contractor, and/or collect payment from the Utility <br /> Owner or Contractor, as applicable, for performing the required Utility Work. <br /> D. Term: This MUA is effective on the date MnDOT obtains all signatures required by <br /> Minnesota Statutes, section 16C.05, subdivision 2. In no event will the term of this <br /> Page 2 of 28 <br />
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