e. Road Dept federal aid project

UTtLITY RELOCATION AND ADJUSTMENT AGREEMENT PROJECT NO. J. / LOCATION t:. X C( VI1 () / ~ THIS AGREEMENT is entered into by and between Cass County 01 North Dakota, hereinafter known as the County, and Xcel Enerav of 2302 Great Northern Drive. Farao. North Dakota 58102. hereinafter known as the Utility, Cass County The Utility agrees to relocate or adjust it facilities located within County right of way. as shown on the attached plans, The Utility agrees to relocate or adjust the facilities in conjunction with or prior to the beginning of highway construction. and in such a manner as not to interfere with highway construction. as requested by the County. If facilities to be relocated are now located on private right of way, the Utility wili upon request, any time after the facilities have been relocated, execute a quit claim deed to the County covering that portion of the highway right of way on which said facilities were located. The payment of costs incurred by the relocation or adjustment of facilities shall be: A. Lump sum basis of $ ; or B. Based on actual direct and related indirect costs according to work order accounting procedures used by the Utility in its normal operations. The attached cost estimate has the breakdown of those costs, The books and records of the Utility pertinent to such relocation of adjustment work shall be subject to inspection and audit by a representative of the County, If federal aid will be used for the relocation and adjustment of the Utility facilities, independent audits of the County procedures by an audit firm hired by the County will be required and shall be performed according to the "Single Audit Act of 1984," Public Law 98-502, In the event that a County should decide not to proceed with the highway construction and should not require the relocation or readjustment of the utility facilities, then the County may serve formal notice of cancellation to the Utility and this agreement shall then become null and void, Additionally, if the Utility is unable after diligent effort, to obtain the necessary right of way for relocation of these facilities at a price acceptable to the County and is obliged to resort to condemnation action to obtain such right of way, the Utility then will not be responsible for the possible delay in the relocation of its facilities resulting from such condemnation action. The Utility agrees that maintenance and operation of Utility facilities remaining on, over, or under highway right of way wilt conform to "A Policy for Accommodation of Utilities on County Federal-Aid Secondary Highways." The Utility shall comply with Titie VI of the Civil Rights Act on 1964, Executive Order 11246 and Executive Order 11375, In accordance with the aforementioned act, no person in the United States shall, on the ground of race, color, religion. sex. age, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be othelWise subjected to discrimination under this agreement. Payment for the proposed work shall be Option as indicated on page on of the agreement. On this date , the parties hereto do enter into this agreement. UTILITY Dated COUNTY OF ATTESTED By County Auditor Chairman Board of County Commissioners Dated J:\Admin-Eng\PROJECTS\C14 Grading Sheyenne R to 1-29\Ufility Agreements\C14 UTlLJTY RELOCATION AND ADJUSTMENT AGREEMENT XCEl.doc