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Prepared by the S.P. 7102-127 (T.H. 10) <br /> Utility Agreements and Permits Unit Location: On Trunk Highway 10 on Bridge <br /> (Receivable) #5955 and Bridge#71005 over the Elk River <br /> ($362,961.00) (Lake Orono) and from Joplin Street to Xenia <br /> Avenue in Elk River <br /> Utility Owner: Elk River Municipal Utilities <br /> MnDOT Agreement Number 1027572 <br /> AGENCY RELOCATION AGREEMENT <br /> This Agreement Number 1027572 (Agreement) is between the State of Minnesota (State), acting <br /> through its Commissioner of Transportation and Elk River Municipal Utilities, including its agents, <br /> contractors, and subcontractors (Utility Owner). This Agreement outlines the separate <br /> responsibilities of the State and the Utility Owner as part of a construction project. <br /> RECITALS <br /> The State plans to let a contract to construct State Project Number 7102-127 (Project) on Trunk <br /> Highway Number 10. The Project is located on Trunk Highway 10 on Bridge#5955 and Bridge <br /> #71005 over the Elk River (Lake Orono) and from Joplin Street to Xenia Avenue in Elk River. <br /> The Utility Owner owns and operates water mains, their fixtures, and related equipment (Facilities) <br /> that are located on property where the State will construct the Project. <br /> The Project will require the relocation and adjustment of the Utility Owner's Facilities. If the Utility <br /> Owner relocated the Facilities or let a separate contract to relocate them, that relocation work would <br /> interfere with the Project. The Utility Owner has requested that the State perform the relocation <br /> work as part of the Project. Including the Utility Owner's relocation work in the State's Construction <br /> contract may eliminate duplication of services, facilitate activity coordination, simplify supervision, <br /> and expedite Project construction. <br /> Pursuant to Minnesota Statutes, section 161.46, subdivision 5, the Utility Owner appoints the State <br /> as its agent to design and construct the relocation work as part of the Project and the State may <br /> relocate the Facilities as part of the Project on the trunk highway system. <br /> State law requires a written agreement between the State and the Utility Owner that describes their <br /> separate responsibilities. <br /> Page 1 of 8 <br /> 47 <br />