HomeMy WebLinkAboutResolution - 2017-84 - Settlement of C.S. McCrossan Construction Claim IC 11-5800 - 08/08/2017 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2017-84
RESOLUTION AUTHORIZING SETTLEMENT OF C.S. MCCROSSAN CONSTRUCTION
INC.'S CLAIM FOR THE SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT
I.C. 11-5800
WHEREAS,the City of Eden Prairie("City")entered into a construction contract with C.S. McCrossan
Construction, Inc. ("Contractor") for 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, which it failed to timely perform; and
WHEREAS, the Contractor submitted a claim for additional costs incurred related to the delay in the
amount of$216,012.60 and the City presented the Contractor's claim to CenturyLink; and
WHEREAS,the City negotiated a payment from CenturyLink in the amount of$184,617.08; and
WHEREAS,the City incurred costs totaling$12,798.50 related to the Contractor's claim; and
WHEREAS, after negotiations between the City and the Contractor, the City Engineer, Director of
Public Works, and City Attorney recommended settlement with the Contractor in the amount of
$171,818.58.
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 Contractor in the amount of$171,818.58 for
its claim regarding CenturyLink's 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 August 8, 2017.
a cy T r
ATTEST: SEAL
Kf feen7Porta, City Clerk
EXHIBIT A
(Settlement and Release Agreement)