2.3 ERMUSR 10-10-2017 - Laserfiche WebLink

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Prepared by the S.P. 7102-127 (T.H. 10) Utility Agreements and Permits Unit Location: Trunk Highway 10 Bridge #5955 (Receivable) and Bridge #71005 over the Elk River (Lake ($362,961.00) Orono) and from Joplin Street to Xenia Avenue in Elk River Utility Owner: Elk River Municipal Utilities MnDOT Agreement Number 1027572 Supplemental Agreement Number 1 SUPPLEMENTAL AGREEMENT NUMBER 1 TO AGREEMENT NUMBER 1027572 This Supplemental Agreement Number 1 to Agreement Number 1027572 (Supplemental Agreement) is between the State of Minnesota (State), acting through its Commissioner of Transportation, and Elk River Municipal Utilities, including its agents, contractors, and subcontractors (Utility Owner). RECITALS The State has let a contract to construct State Project Number 7102-127 (Project) on Trunk Highway Number 10. The Project is located Trunk Highway 10 Bridge #5955 and Bridge #71005 over the Elk River(Lake Orono) and from Joplin Street to Xenia Avenue in Elk River. The Utility Owner owns and operates water mains, their fixtures, and related equipment (Facilities) that are located on property where the state will construct the Project. The State and the Utility Owner entered into Agreement Number 1027572 (Original Agreement). Under the Original Agreement, the Utility Owner agreed to relocation and adjustment of water mains, their fixtures, and related equipment (Facilities) according to Exhibit A of the Original Agreement being included in the State's Construction contract. Including the Utility Owner's relocation work in the State's Construction contract may eliminate duplication of services, facilitate activity coordination, simplify supervision, and expedite Project construction. The estimated relocation cost of the Original Agreement is $362,961.00. Exhibit B, which is attached to the Original Agreement, shows this amount. Per Article IV.C.1. The Utility Owner accepted the total cost with the revised contract-unit-prices listed on the letter& revised Exhibit B of $206,161.20 on July 19, 2017. The Utility has requested a change in due date for payment of the relocation work to coincide with their budget year. The relocation work will not begin until late spring 2018. The parties are willing to amend the Original Agreement as stated below. Page 1 of 4 32