2.3 ERMUSR 10-10-2017 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
ERMU Commission Eric Volk—Water Superintendent
MEETING DATE: AGENDA ITEM NUMBER:
October 10,2017 2.3
SUBJECT:
MnDOT Supplemental Agreement Number 1 to Agreement Number 1027572
ACTION REQUESTED:
Approve and Execute Supplemental Agreement Number 1 with the Minnesota Department of
Transportation.
BACKGROUND:
In response to MnDOT replacing the Highway 10 Bridge over the Elk River(Lake Orono), we
are relocating our water main that passes within 11' of the bridge. We will be relocating the
water main outside of the Minnesota Department of Transportation (MnDOT)right-of-way
(ROW). The construction of the new water main will be bid and completed as part of the
MnDOT project.
DISCUSSION:
The original agreement that we entered into with MnDOT had us paying for our portion of the
relocation work immediately. As the relocation work will not begin until late spring of 2018,
ERMU staff requested a change in due date for the payment of relocation work to coincide with
the budget year. MnDOT agreed to amend the original agreement to reflect that change. The
supplemental agreement indicates that we have until January 31, 2018 to reimburse the state for
our portion of the relocation costs being completed in 2018.
FINANCIAL IMPACT:
The financial impact is included in the 2018 budget. Preliminary numbers put the project at
$362,961.00,this included the construction costs and MnDOT's cost for administering the
project. The final bid numbers came in at $206,161.20. We budgeted $240,000 in 2018 which
will cover construction costs, MnDOT costs, and engineering costs from our consultant.
ATTACHMENTS:
• Letter—MnDOT Supplemental Agreement Number 1
• MnDOT Supplemental Agreement Number 1 to Agreement Number 102572
Page 1 of 1
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DEPARTMENT OF
TRANSPORTATION
Office of Land Management—MS 678
395 John Ireland Boulevard
Saint Paul, MN 55155
September 20, 2017
Troy Adams
General Manager
Elk River Municipal Utilities
PO Box 430
Elk River MN 55330
RE: S.P. 7102-127 (T.H. 10)
MnDOT Agreement Number 1027572
Supplemental Agreement Number 1
Location: Trunk Highway 10 Bridge #5955 and Bridge #71005 over the Elk River (Lake
Orono) and from Joplin Street to Xenia Avenue in Elk River
Dear Mr. Troy Adams:
Enclosed are three copies of Supplemental Agreement Number 1 to Agreement Number
1027572, which covers the relocation of your facilities on Trunk Highway Number 10.
Please execute all copies of the Agreement and return them to this office no later than
October 5th, 2018.
A corporate officer must sign the agreement. Corporate officers include President, Vice
President, Secretary, Treasurer, Chief Executive Officer, or Chief Financial Officers. If the
signatory is not a corporate officer, a delegation of authority is required. A delegation of
authority is a document from the corporation's Board of Directors that states that the signatory
is authorized to sign the contract on behalf of the corporation. Unless MnDOT already has an
active delegation of authority for the signatory of your company, you must submit one with the
signed copies of the agreement.
Subsequent to the State's execution, we will return one copy of the agreement to you.
Daniel Labo, Resident Engineer at St. Cloud, will supervise this project. You can reach him by
telephone at 320/223-6605 or email at Dan.Labo(a�state.mn.us.
If you have any questions regarding this project, please contact the Resident Engineer. If you
have any questions regarding this letter, please contact me by telephone at 651/366-4701, fax
at 651-366-3450, or email at Carroll.Aasen(a�state.mn.us.
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Sincerely,
Carroll Aa en
Utility Ag eements W er
Utility Agreements and Permits Unit
Enclosure: Supplemental Agreement Number 1
Copy of Agreement 1027572
Copy of letter & revised Exhibit B, Accepted July 19, 2017.
CC: Dan Anderson, District Engineer
Cal Puttbrese, Assistant District Engineer
Daniel Labo, Resident Engineer
File
395 John Ireland Boulevard—MS 678
Saint Paul, MN
31
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
S.P.7102-127(T.H. 10)
MnDOT Agreement Number 1027572
Supplemental Agreement Number 1
SUPPLEMENTAL AGREEMENT
Unless otherwise noted, in this Supplemental Agreement, deleted contract items will be struck out
and added contract items will be underlined.
Revision 1. Article IV.D is amended to read as follows:
D. The State will issue the Utility Owner an invoice for the amount specified in the cost
schedule. Pursuant to Minnesota Statutes, section 161.46, subdivision 5, the Utility Owner
will promptly reimburse the state for its relocation costs by January 31st, 2018
RELATION TO THE ORIGINAL AGREEMENT
Except as amended herein, the terms and conditions of the Original Agreement remain in full force
and effect.
The remainder of this page was left blank intentionally.
Page 2 of 4
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S.P. 7102-127(T.H. 10)
MnDOT Agreement Number 1027572
Supplemental Agreement Number 1
County: Sherburne
Utility Owner: Elk River Municipal Utilities
IN TESTIMONY WHEREOF, the Utility Owner has caused these presents to be executed by
, its , and the State
has caused these presents to be executed by its duly authorized officers.
Elk River Municipal Utilities
By:
Its:
Date:
Page 3 of 4
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S.P.7102-127(T.H. 10)
MnDOT Agreement Number 1027572
Supplemental Agreement Number 1
County: Sherburne
Utility Owner: Elk River Municipal Utilities
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
Department of Transportation
Recommended for Approval: Approved:
By: By:
District Engineer Acting Director, Office of Land Management
Date: Date:
Office of Contract Management
Approved as to Form and Execution:
By:
Date:
Department of Administration
By:
Date:
Page 4 of 4
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