HomeMy WebLinkAboutResolution - 2017-65 - Settlement of Centurylink Utility Relocation Claim - Shady Oak Road - 06/13/2017 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-65
RESOLUTION AUTHORIZING SETTLEMENT OF CENTURYLINK UTILITY
RELOCATION CLAIM FOR THE SHADY OAK ROAD SOUTH IMPROVEMENTS
I.C. 11-5800
WHEREAS, the City of Eden Prairie ("City") commenced a construction project, project number
I.C. 11-5800, commonly known as the Shady Oak Road South Improvements project (the
"Project"); and
WHEREAS, the Project included relocation of utilities by CenturyLink in and around the Shady
Oak Road South/Highway 212 bridge crossing; and
WHEREAS, CenturyLink failed to timely relocate its utilities such that the City's Contractor
submitted a claim for additional costs incurred related to the delay in the amount of$216,012.60;
and
WHEREAS,the City presented the Contractor's claim to CenturyLink for payment; and
WHEREAS, after negotiations between the City and CenturyLink, the City Engineer, Director of
Public Works, and City Attorney recommended settlement with CenturyLink in the amount of
$184,617.08.
NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. The Recitals set forth above are incorporated herein;
2. The City Council approves the settlement with CenturyLink in the amount of
$184,617.08 for its delay in relocating its utilities on the Project; and
3. The City Council approves the execution of the Settlement and Release Agreement
attached hereto as Exhibit A.
ADOPTED by the Eden Prairie City Council on June 13, 2017.
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Ka leen orta, City Clerk
EXHIBIT A
SETTLEMENT AND RELEASE AGREEMENT
THIS SETTLEMENT AND RELEASE AGREEMENT ("Settlement Agreement") is
effective this day of June, 2017, by and between The City of Eden Prairie, a Minnesota
municipal corporation ("City") and CenturyLink, a
("CenturyLink") (Plaintiff and CenturyLink collectively referred to as the "Parties") regarding
City Project No.: 11-5800, which is commonly known as the Shady Oak Road South
Improvements project (the "Project").
WHEREAS, the City entered into a construction contract ("Contract") with C.S.
McCrossan Construction, Inc. ("McCrossan")to construct the Project;
WHEREAS, the Project included and required relocation of certain utilities by
CenturyLink;
WHEREAS, McCrossan asserted a claim against the City for additional costs it alleges it
incurred in completing its work on the Project, totaling $216,012.60, which it alleges were
caused by CenturyLink's failure to timely relocate its utilities (the "Claim");
WHEREAS, the City presented the McCrossan Claim to CenturyLink for payment;
WHEREAS, CenturyLink denies that its relocation activities on the Project were the sole
cause of McCrossan's Claim; and
WHEREAS, the City and CenturyLink wish to amicably resolve their dispute relating to
the Claim.
Now, therefore, the City and CenturyLink agree as follows:
1. Settlement Pam. CenturyLink shall pay to the City the sum total of One Hundred
Eighty-Four Thousand Six Hundred Seventeen and 08/100 Dollars ($184,617.08) within
ten business days from the effective date of this Settlement Agreement in satisfaction of
the Claim.
2. Release. Upon receipt of payment referred to in paragraph 1 above, the Parties hereby
mutually release each other from the claims they have against each other regarding
CenturyLink's failure to timely relocate its utilities. However, nothing contained herein
shall operate as a waiver of, or as a release of, any unknown claim or latent defect
regarding CenturyLink's work on the Project. Those claims, if any, are expressly
reserved by the City.
3. General.
a. The Parties agree that in making this Settlement Agreement, they are relying on
their own judgment, belief and knowledge as to all phases of the claims and that
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they are not relying upon representations or statements made by any of the
persons or entities hereby released, or anyone representing them.
b. The Parties agree that the payment of the above sum is not to be construed as an
admission of any liability whatsoever by anyone.
C. This Settlement Agreement contains the entire agreement between the Parties
hereto, and the terms of this release are contractual and not a mere recital. This
Settlement Agreement may only be amended in a writing signed by both Parties.
d. The undersigned represent that they have read this release, that they have
authority to sign it, and intend to be legally bound hereby.
e. The Settlement Agreement may be executed in counterparts, and a facsimile
signature or electronic signature (PDF) shall be deemed an original signature for
purposes of executing Settlement Agreement.
CITY OF EDEN PRAIRIE
Dated: By:
Its: Mayor
Dated: By:
Its: City Manager
CENTURYLINK
Dated: By:
Its:
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