1g TH 212, Approve Work Orders, Project 03-09
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952227,1100
Fax 952227.1110
Building Inspections
Phone 952,227.1180
Fax 952227.1190
Engineering
Phone 952,227.1160
Fax 952227.1170
Finance
Phone 952227,1140
Fax 952,227.1110
Park & Recreation
Phone 952,227.1120
Fax 952227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952227,1400
Fax 952,227.1404
Planning &
Natural Resources
Phone 952227.1130
Fax 952,227.1110
Public Works
1591 Park Road
Phone 952227.1300
Fax 952227.1310
Senior Center
Phone 952227.1125
Fax 952,227.1110
Web Site
WNw,ci ,chanhassen,mn,us
~.J
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
"'(? (7 .
Paul Oehme, City Engineer/Dir. of Public Works
DATE:
November 14, 2005
SUBJ:
Approve Work Orders for TH 312/212 Betterments
Project No. 03-09
REQUESTED ACTION
The City Council is requested to approve the utility betterment work orders associated
with the TH 312/212 Improvements, Project No. 03-09. The total cost for the work
orders is $1,493,504.00.
BACKGROUND
On February 14,2005, the City Council ordered the portion of the 2005 MUSA
Improvements to be built in conjunction with the TH 312/212 Project. These
improvements included the following:
Utility Betterment
DDS 3-10
DDS 3-11
Description
Lyman Boulevard Watermain (Powers Boulevard to TH 101)
Powers Boulevard Watermain (Lyman Boulevard to Pioneer
Trail)
Pioneer Trail Watermain (Western City Limit to Powers
Boulevard)
Sanitary Sewer Crossing Under Lyman Boulevard at TH 101
Pioneer Trail Sanitary Sewer (Bluff Creek Drive to Powers
Boulevard)
Powers Boulevard Sanitary Sewer (Pioneer Trail to the Future
Lift Station South of TH 212)
DDS 3-12
DDS 3-13
DDS 3-14
DDS 3-15
City staff received costs from MnDOT for these six utility betterments as a part of the
RFP process for the TH 312/212 Project. Most of the betterments are associated with
the 2005 MUSA. The total cost provided by MnDOT for these improvements was
$1,429,000.00. The costs received at that time were from a 30% design status and did
not reflect final comments by the City.
City staff has requested changes to the scope of the utility betterments warranting
modifications to the work orders for each of these betterments. The modifications
include the following changes:
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play,
Todd Gerhardt
November 14, 2005
Page 2
UDS 3-10
· Deletion of a 16-inch watermain along Lyman Boulevard between Powers
Boulevard and TR 101. Staff has modeled the proposed watermain improvements
and found a more cost effective alignment that will be installed through the 2010
MUS A.
· Installation of an 8-inch watermain along the south side of Lyman Boulevard
(CSAR 18) from Lake Susan Drive to Powers Boulevard (CSAR 17).
· Installation of an 8-inch watermain stub crossing Lyman Boulevard at the old TR
10 1 intersection for a future connections.
· Installation of two 8-inch watermain stubs to the proposed park and ride facility
along the east side of TR 10 1 north of Pioneer Trail.
UDS 3-11
· Installation of 8, 12 and 16-inch watermain stubs along Powers Boulevard (CSAR
18) to service adjacent properties.
· Construction of a pressure reducing valve (PRV) along Powers Boulevard south
of TR 212.
UDS 3-12
· Installation of 8- and 12-inch watermain stubs along Pioneer Trail (CSAR 14) to
service adjacent properties.
UDS 3-13
· Installation of a 21-inch PVC sanitary sewer stub across Lyman Boulevard
(CSAR 18) at the old TR 101 intersection.
· Installation of 8-inch sanitary sewer stubs to the proposed park and ride facility
along the east side of TR 101 north of Pioneer Trail.
UDS 3-14
· Installation of 8- and IS-inch sanitary sewer stubs along Pioneer Trail (CSAR 14)
to service adjacent properties.
UDS 3-15
· Installation of 8- and 18-inch sanitary sewer stubs along Powers Boulevard
(CSAR 18) to service adjacent properties.
The total cost for the additional work is $64,504.00. Therefore, the total cost for the
utility betterments including the additional work orders is $1,493,504.00. The total
costs have been reviewed and assessments calculated based on benefit to the
benefiting properties and the City's trunk utility oversizing contribution practice.
G:\ellg\th 312\bkgnJ 111405 TH212 approve httternlellts coum.:il ba\.:kgroum.l.uor.;
Todd Gerhardt
November 14, 2005
Page 3
These costs only reflect the work orders for the utility betterments. Additional costs
of $1,138,917.16 for turn lane, signal and storm drainage improvements are included
as a part of the Cooperative Agreement process that has been previously approved.
Funding for these work orders is proposed through a combination of special
assessments to the benefiting properties and City costs. The total cost for these
improvements, including engineering and administrative costs, is $1,493,504.00.
The proposed funding allocation for this project is:
Funding Source
Assessments
City Cost
Total Amount
$ 923,681.00
$ 569,823.00
Financing for the project will be from the State of Minnesota Loan Agreement that
the City approved on April 11, 2005.
The City Attorney has reviewed the work orders and finds them in order.
RECOMMENDA TION
At this time, staff recommends that Council "Approve the utility betterment work
orders for the TH 3121212 Improvements".
Attachments
c: Jon Horn, Kimley-Horn & Associates
G:\t::ng\th 312\hkgn.1 111405 TH212 approve betterments council background.lloc
S.P.10I7-12 (T.H. 212)
Agreement Number 86825
EXHIBIT E
MUA No.: 86825 UDS No(s): 3-10
Work Order No.: 002 Date:
(to be filled in by MnlDOT)
Work Order Revision No.: - Date:
(to be filled in by Mn/DOT)
Change Order No.(if applicable):
NAME OF "Utility Owner": City of Chanhassen
LOCA TION/DESCRIPTION OF WORK
Location of the Utility Work Covered By This Work Order is Described in Attached UDS.
General Description of the Utility Work Covered By This Work Order:
This Work Order includes all Utility Work required to install an 8-inch water main along the South side
of Lyman Boulevard (CSAH 18) from Lake Susan Drive west to Powers Boulevard (CSAH 17). Also
included is a future 8-inch water main stub crossing Lyman Boulevard from old TH 101 and the addition
of two (2) 8-inch watermain stubs to the proposed park and ride facility, in accordance with the TH-212
Design Build Proiect. (S.P. 1017-12). Utility Design to be included with ZRC's Design Package U6.
Costs representative of Utility Work above and beyond the line item cost presented on Form 14A for an
increase / decrease in scope will be addressed in a Change Order supplied by the Department.
ALLOCA TION OF RESPONSIBILITY FOR UTILITY WORK
For Design: by Contractor: Zumbro River Constructors
For Construction: by Contractor: Zumbro River Constructors
WORK ORDER
MASTER UTILITY AGREEMENT ("MUA")
Exhibit E, Page I of7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
COST RESPONSIBILITY
For Design & Construction:
MnlDOT Pays $Q; Utility Owner Pays $179,026.00
Actual Costs, Lump Sum:
$179,026.00
SCHEDULE (THIS WORK ORDER ONLY):
SCHEDULE (THIS WORK ORDER ONLY):
For Design:
For Construction:
Start Date: 11/4/2005
Start Date: 11/14/2005
Completion Date (CD): 11/7/2005
Completion Date (CD):5/1/2006
Review: Within 14 Days of CD
Inspection: Within 30 Days of CD
Exhibit E, Page 2 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
COST ESTIMATE SUMMARY
The Contractor shall provide a summary of financial costs associated with all Utility Work performed by
the Utility Owner and/or by the Contractor under this Work Order, whether that Utility Work is to be
performed on a lump sum or an actual cost basis, in the format described below. Include appendices
detailing the basis for the numbers entered in the financial summary.
Item Description Cost Ref: Appendix
1. Labor & Equipment $ <37,210.00> Attachment C
2. Inspection Cost $ - -
3. Materials $ <128,098.00> Attachment C
4. Engineering $ - -
5. Markup $ - -
6. Subtotal $ - -
7. Subcontractors $ 3,940.00 Attachment C
8. Markup $ 394.00 Attachment C
9. Replacement Easements $ - -
10. Compensable Property Rights $ - -
11. Form 14A Cost $340,000.00 -
12. Total $ 179,026.00 -
FOR MnlDOT INTERNAL ACCOUNTING PURPOSES ONLY:
MUA Encumbrance: $
Mn/DOT Costs incurred under: MUA $
DB Contract $
; and/or
Total To Date:
MUA $
; and/or DB Contract $
Remaining MUA Balance: $
DIf the box to the left is checked and initialed by Mn/DOT, this Work Order will also function as a
Change Order pursuant to Book 1 of the Contract Documents. In that event certain Change Order
provisions will be attached, as Attachment A. However, Attachment A shall be between Mn/DOT and
the Contractor only, and the Utility Owner shall not be a party to or affected thereby.
~If the box to the left is checked and initialed by MnlDOT, this Work Order will NOT function as a
Change Order pursuant to Book 1 of the Contract Documents.
THIS WORK ORDER ("Work Order") is entered into by and among Mn/DOT, the Utility Owner, and
the Contractor, to implement in part that certain Master Utility Agreement (MUA) identified as Mn/DOT
Agreement No. 86825, as the same may be amended from time to time. The information on the face
page(s) to which this Work Order is attached is a part of this Work Order.
Exhibit E, Page 3 of 7
S.P. 1017-12 (T.H 212)
Agreement Number 86825
UTILITY WORK TO BE DONE
MUA. This Work Order is issued to authorize the Utility Work described herein. The MUA and all of
the provisions thereof are incorporated into this Work Order by this reference. All attachments referenced
in this Work Order are incorporated herein by such reference. All Utility Work shall be performed in
accordance with the requirements of the MUA, but this Work Order shall prevail to the extent of any
inconsistency between the provisions of this Work Order and the MUA.
Scope of Utili tv Work. The Utility Owner and the Contractor shall each perform the design and
construction work specified as their respective responsibility on the face page of this Work Order.
Schedule. Where the Utility Owner or the Contractor is responsible to perform the design work
described herein, the Utility Owner or the Contractor shall complete the design work described herein in
accordance with the schedule specified on the face page of this Work Order. Where the Utility Owner or
the Contractor is responsible to perform the construction work described herein, the Utility Owner or the
Contractor shall commence the construction work described herein only after approval of the Pinal
Design by the other party for such Utility Work as provided below. The Utility Owner or the Contractor
shall complete such construction work in accordance with the schedule specified on the face page of this
Work Order.
PERFORMANCE OF THE UTILITY WORK
Desil!n. The design to be furnished, whether by the Utility Owner or by the Contractor, pursuant to this
Work Order shall be substantially in accordance with the preliminary plan attached to this Work Order as
Attachment A, the specifications and standards attached to this Work Order as Attachment (See
Attachment A with Work Order WO-OOl for Standard Plates and Specifications), and shall be consistent
and compatible with the relevant Project Plans. All plans for the Utility Work are subject to review and
approval by the Utility Owner and by the Contractor, in accordance with the time frames and procedures
set forth in the MUA, as may be modified by the Work Order.
Construction. The construction to be performed pursuant to this Work Order, whether by the Utility
Owner or by the Contractor, shall be performed substantially in accordance with the final approved design
plans. Deviations from the final approved design plans may occur only in conformity with the MUA.
A. The Utility Owner may perform inspections of construction of any Utility Work that is
performed by the Contractor. The Utility Owner's designated inspector shall coordinate
with the Contractor in connection with any inspections.
B. Such inspection may be performed at any time during construction, and a final inspection
shall be performed no later than thirty Days (or other time period agreed to by the parties)
after completion of construction pursuant to the Work Order, and the Utility Owner shall
provide the Contractor with a signed Construction Acceptance Letter (Exhibit G(l)) for
the completed Utility Work if it makes a conditional determination that the Utility Work
appears to meet the Technical Criteria/Performance Standards described herein or in the
Work Order executed for that Utility Work. The thirty-Day time period (or other time
period agreed to by the parties) shall begin at the time the Contractor notifies the Utility
Owner, in writing, that the construction is completed. The Utility Owner shall have the
right to reject any construction Utility Work that does not appear to meet the Technical
Criteria/Performance Standards described herein or in the Work Order executed for that
Utility Work. If the Utility Owner rejects any construction Utility Work, the Utility
Owner shall immediately notify the Contractor, in writing, of its grounds for rejection
and suggestions for correcting the problem, and the Utility Owner shall re-review the
revised construction Utility Work no later than seven Days after its completion, unless a
different time period is expressly required in the Work Order for that Utility Work.
Exhibit E, Page 4 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
C. Where the Utility Owner performs the construction Utility Work, the Utility Owner shall
provide As-Built plans of the Utility Work performed by the Utility Owner to Mn/DOT
no later than ninety Days after receipt of a Construction Inspection Approval Letter from
the Contractor. Where the Contractor performs the construction Utility Work, the
Contractor shall provide As-Built plans of Utility Work performed by the Contractor to
Mn/DOT and the Utility Owner no later than ninety Days after receipt of a Construction
Inspection Acceptance Letter from the Utility Owner accepting the Utility Work.
Mn/DOT may withhold payments due to Contractor or the Utility Owner for failure to
timely provide the As-Built plans of Utility Work.
D. At the time Mn/DOT is conducting its final inspection review, or earlier if agreed to by
the parties, Mn/DOT and the Contractor shall give the Utility Owner in writing the
opportunity to conduct a final inspection of the Utility Work, and the Utility Owner shall
sign and provide to the Contractor within seven days of the inspection a Construction
Inspection Approval Letter (Exhibit G(3)) for the completed Utility Work after it
determines that the Utility Work meets the Technical Criteria/Performance Standards
described herein or in the Work Order executed for that Utility Work. As part of that
inspection, the Contractor shall provide the Utility Owner with a certification by a
Professional Engineer licensed in the State of Minnesota indicating that construction of
the Utility Work was performed in accordance with the requirements of the Work Order,
including the approved design.
E. The Utility Owner's inspection, acceptance and approval of the Utility Work shall not be
construed as a waiver by the Utility Owner of any claim the Utility Owner may have
under applicable law.
LIABILITY FOR UTILITY WORK
In accordance with the MUA, Mn/DOT and the Utility Owner shall each be responsible for the Utility
Relocation Costs specified on the face page of this Work Order (except for any Betterments as described
below, which shall be at 100% Utility Owner's expense).
COST ESTIMATE
The party responsible for the performance of the design and/or the construction (as applicable) of the
Utility Work authorized by this Work Order shall prepare a cost estimate for that Utility Work, whether
that Utility Work is to be performed on a lump sum or an actual cost basis, in accordance with the MUA.
Such estimates shall be attached and incorporated into this Work Order.
PRICE OF UTILITY WORK
Utility with Property Rights (Mn/DOT pays): Not applicable to this Work Order.
Utility located on Interstate Highway (Mn/DOT pays): Not Applicable to this Work Order.
Municipal Utility with Property Rights or first move (Mn/DOT pays): Not Applicable to this Work
Order.
Utility without Property Rights (Utility Owner pays): Not Applicable to this Work Order.
The amount stated above is an estimate of the Utility Work. Authorized expenditures and
reimbursements will be based on cost the terms of the MUA.
Exhibit E, Page 5 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
QUITCLAIM DEED FOR PROPERTY RIGHTS
Not applicable to this Work Order.
BILLING AND PAYMENT
Mn/DOT Responsibility for Payment: Billing and payment for Utility Work performed by Mn/DOT's
Design-Build Contractor and inspected by the Utility Owner shall be in accordance with the Design-Build
Contract. Billing and payment for Utility Work performed by the Utility Owner shall be in accordance
with the MUA.
Utility Owner's Responsibility for Payment: The parties have agreed to the following lump sum
amount for the Utility Work: $179,026.00.
Billing and payment for Utility Work performed by Mn/DOT's Design-Build Contractor, not including
inspection by the Utility Owner, shall be in accordance with the MUA.
Billing and payment for any Betterment Work shall be in accordance with the MUA.
BETTERMENT, RETIREMENT VALUE AND SALVAGE
The Utility Work includes Betterment to the Utility Owner's Facilities by reason of: Installation of the 8-
inch water main along the South side of Lyman Boulevard (CSAH 18), 8-inch water main stub crossing
Lyman Boulevard and two (2) 8-inch watermain stubs in the lump sum amount of $179,026.00.
The Utility Owner shall credit Mn/DOT, for the actual Utility Relocation Costs of any Betterment,
salvage value, and retirement value on the facilities as required pursuant to the MUA.
Exhibit E, Page 6 of 7
S.P. 1017-12 (T.H. 2]2)
Agreement Number 86825
EFFECTIVE DATE
This Work Order shall be effective as of the "Date" filled in by Mn/DOT on the face page of this Work
Order.
IN WITNESS WHEREOF, Mn/DOT, the Utility Owner, and the Contractor have executed this Work
Order as of the "Date" set forth on the face page of this Work Order.
Utility Owner: City of Chanhassen
By:
Print Name:
Title:
Contractor: Zumbro River Constructors
By:
Print Name:
Scott Risley
Title:
ZRC Project Manager
Mn/DOT:
By:
Print Name:
Jon Chiglo
Title:
TH212 Project Manager
State Encumbrance Verification
N/A, funds encumbered under Master Utility Agreement
Exhibit E, Page 7 of 7
S.P.IOI7-12 (T.H. 212)
Agreement Number 86825
EXHIBIT E
WORK ORDER
MASTER UTILITY AGREEMENT ("MUA")
MUA No.: 86825 UDS No(s): 3-11
Work Order No.: 003 Date:
(to be filled in by Mn/DOT)
Work Order Revision No.: - Date:
(to be filled in by Mn/DOT)
Change Order No.(if applicable):
NAME OF "Utility Owner": City of Chanhassen
LOCA TIONIDESCRIPTION OF WORK
Location of the Utility Work Covered By This Work Order is Described in Attached UDS.
General Description of the Utility Work Covered By This Work Order:
This Work Order includes all Utility Work required to install a 16-inch watermain along the West side of
Powers Boulevard (CSAR 17) from Lyman Boulevard (CSAR 18) South to Pioneer Trail (CSAR 14) for
the City of Chanhassen. It also includes all work to install 8, 12 and 16-inch watermain stubs off the 16-
in main along Powers and a pressure reducing valve (PRY) along the 16-inch watermain.
Costs representative of Utility Work above and beyond the line item cost presented on Form 14A for an
increase / decrease in scope will be addressed in a Change Order supplied by the Department.
ALLOCA TION OF RESPONSIBILITY FOR UTILITY WORK
For Design: by Contractor: Zumbro River Constructors
For Construction: by Contractor: Zumbro River Constructors
Exhibit E, Page I of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
COST RESPONSIBILITY
For Design & Construction: Mn/DOT Pays $Q; Utility Owner Pays $548,566.00
Actual Costs, Lump Sum $548,566.00
SCHEDULE (THIS WORK ORDER ONLY):
SCHEDULE (THIS WORK ORDER ONLY):
For Design:
For Construction:
Start Date: 11/7/2005
Start Date: 4/1/2005
Completion Date (CD): 11/10/2005
Completion Date (CD):5/30/2006
Review: Within 14 Days of CD
Inspection: Within 30 Days of CD
Exhibit E, Page 2 of 7
S.P. 1017-12 (T.H 212)
Agreement Number 86825
COST ESTIMATE SUMMARY
The Contractor shaIl provide a summary of financial costs associated with all Utility Work performed by
the Utility Owner and/or by the Contractor under this Work Order, whether that Utility Work is to be
performed on a lump sum or an actual cost basis, in the format described below. Include appendices
detailing the basis for the numbers entered in the financial summary.
Item
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Description
Labor & Equipment
Inspection Cost
Materials
Engineering
Markup
Subtotal
Subcontractors
Markup
Replacement Easements
Compensable Property Rights
Form 14A
Total
Cost
Ref: Appendix
$ 23,315.00
$
$ 66,795.00
$
$
$
$ 4,492.00
$ 3,964.00
$
$
$450,000.00
$ 548,566.00
Attachment C
Attachment C
Attachment C
Attachment C
FOR MnlDOT INTERNAL ACCOUNTING PURPOSES ONLY:
MUA Encumbrance: $
MniDOT Costs incurred under: MUA $
DB Contract $
Total To Date:
MUA $
Remaining MUA Balance: $
; and/or
; and/or DB Contract $
Dlf the box to the left is checked and initialed by MniDOT, this Work Order will also function as a
Change Order pursuant to Book 1 of the Contract Documents. In that event certain Change Order
provisions will be attached, as Attachment A. However, Attachment A shaIl be between Mn/DOT and
the Contractor only, and the Utility Owner shall not be a party to or affected thereby.
[8Jlf the box to the left is checked and initialed by Mn/DOT, this Work .order will NOT function as a
Change Order pursuant to Book 1 of the Contract Documents.
THIS WORK ORDER ("Work Order") is entered into by and among Mn/DOT, the Utility Owner, and
the Contractor, to implement in part that certain Master Utility Agreement (MUA) identified as Mn/DOT
Agreement No. 86825, as the same may be amended from time to time. The information on the face
page(s) to which this Work Order is attached is a part of this Work Order.
UTILITY WORK TO BE DONE
MUA. This Work Order is issued to authorize the Utility Work described herein. The MUA and all of
the provisions thereof are incorporated into this Work Order by this reference. All attachments referenced
in this Work Order are incorporated herein by such reference. All Utility Work shall be performed in
Exhibit E, Page 3 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
accordance with the requirements of the MUA, but this Work Order shall prevail to the extent of any
inconsistency between the provisions of this Work Order and the MUA.
Scope of Utility Work. The Utility Owner and the Contractor shall each perform the design and
construction work specified as their respective responsibility on the face page of this Work Order.
Schedule. Where the Utility Owner or the Contractor is responsible to perform the design work
described herein, the Utility Owner or the Contractor shall complete the design work described herein in
accordance with the schedule specified on the face page of this Work Order. Where the Utility Owner or
the Contractor is responsible to perform the construction work described herein, the Utility Owner or the
Contractor shall commence the construction work described herein only after approval of the Final
Design by the other party for such Utility Work as provided below. The Utility Owner or the Contractor
shall complete such construction work in accordance with the schedule specified on the face page of this
Work Order.
PERFORMANCE OF THE UTILITY WORK
Design. The design to be furnished, whether by the Utility Owner or by the Contractor, pursuant to this
Work Order shall be substantially in accordance with the preliminary plan attached to this Work Order as
Attachment A, the specifications and standards attached to this Work Order as Attachment (See
Attachment A with Work Order WO-OOl for Standard Plates and Specifications)and shall be consistent
and compatible with the relevant Project Plans. All plans for the Utility Work are subject to review and
approval by the Utility Owner and by the Contractor, in accordance with the time frames and procedures
set forth in the MUA, as may be modified by the Work Order.
Construction. The construction to be pelformed pursuant to this Work Order, whether by the Utility
Owner or by the Contractor, shall be performed substantially in accordance with the final approved design
plans. Deviations from the final approved design plans may occur only in conformity with the MUA.
A. The Utility Owner may perform inspections of construction of any Utility Work that is
performed by the Contractor. The Utility Owner's designated inspector shall coordinate
with the Contractor in connection with any inspections.
B. Such inspection may be performed at any time during construction, and a final inspection
shall be performed no later than thirty Days (or other time period agreed to by the parties)
after completion of construction pursuant to the Work Order, and the Utility Owner shall
provide the Contractor with a signed Construction Acceptance Letter (Exhibit G(1)) for
the completed Utility Work if it makes a conditional determination that the Utility Work
appears to meet the Technical Criteria/Performance Standards described herein or in the
Work Order executed for that Utility Work. The thirty-Day time period (or other time
period agreed to by the parties) shall begin at the time the Contractor notifies the Utility
Owner, in writing, that the construction is completed. The Utility Owner shall have the
right to reject any construction Utility Work that does not appear to meet the Technical
Criteria/Performance Standards described herein or in the Work Order executed for that
Utility Work. If the Utility Owner rejects any construction Utility Work, the Utility
Owner shall immediately notify the Contractor, in writing, of its grounds for rejection
and suggestions for correcting the problem, and the Utility Owner shall re-review the
revised construction Utility Work no later than seven Days after its completion, unless a
different time period is expressly required in the Work Order for that Utility Work.
C. Where the Utility Owner performs the construction Utility Work, the Utility Owner shall
provide As-Built plans of the Utility Work performed by the Utility Owner to Mn/DOT
no later than ninety Days after receipt of a Construction Inspection Approval Letter from
the Contractor. Where the Contractor performs the construction Utility Work, the
Contractor shall provide As-Built plans of Utility Work performed by the Contractor to
Mn/DOT and the Utility Owner no later than ninety Days after receipt of a Construction
Exhibit E, Page 4 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
Inspection Acceptance Letter from the Utility Owner accepting the Utility Work.
Mn/DOT may withhold payments due to Contractor or the Utility Owner for failure to
timely provide the As-Built plans of Utility Work.
D. At the time Mn/DOT is conducting its final inspection review, or earlier if agreed to by
the parties, Mn/DOT and the Contractor shall give the Utility Owner in writing the
opportunity to conduct a final inspection of the Utility Work, and the Utility Owner shall
sign and provide to the Contractor within seven days of the inspection a Construction
Inspection Approval Letter (Exhibit G(3)) for the completed Utility Work after it
determines that the Utility Work meets the Technical Criteria/Performance Standards
described herein or in the Work Order executed for that Utility Work. As part of that
inspection, the Contractor shall provide the Utility Owner with a certification by a
Professional Engineer licensed in the State of Minnesota indicating that construction of
the Utility Work was performed in accordance with the requirements of the Work Order,
including the approved design.
E. The Utility Owner's inspection, acceptance and approval of the Utility Work shall not be
construed as a waiver by the Utility Owner of any claim the Utility Owner may have
under applicable law.
LIABILITY FOR UTILITY WORK
In accordance with the MUA, Mn/DOT and the Utility Owner shall each be responsible for the Utility
Relocation Costs specified on the face page of this Work Order (except for any Betterments as described
below, which shall be at 100% Utility Owner's expense).
COST ESTIMATE
The party responsible for the performance of the design and/or the c.onstruction (as applicable) of the
Utility Work authorized by this Work Order shall prepare a cost estimate for that Utility Work, whether
that Utility Work is to be performed on a lump sum or an actual cost basis, in accordance with the MUA.
Such estimates shall be attached and incorporated into this Work Order.
PRICE OF UTILITY WORK
Utility with Property Ri2hts (Mn/DOT pays): Not applicable to this Work Order.
Utility located on Interstate Hi2hway (Mn/DOT pays): Not Applicable to this Work Order.
Municipal Utility with Property Ri2hts or first move (Mn/DOT pays): Not Applicable to this Work
Order.
Utility without Property Ri2hts (Utility Owner pays): Not Applicable to this Work Order.
The amount stated above is an estimate of the Utility Work. Authorized expenditures and
reimbursements will be based on cost the terms of the MUA.
Exhibit E, Page 5 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
QUITCLAIM DEED FOR PROPERTY RIGHTS
Not Applicable to this Work Order.
BILLING AND PAYMENT
MnJDOT Responsibility for Payment: Billing and payment for Utility Work performed by Mn/DOT's
Design-Build Contractor and inspected by the Utility Owner shall be in accordance with the Design-Build
Contract. Billing and payment for Utility Work performed by the Utility Owner shall be in accordance
with the MUA.
Utility Owner's Responsibility for Payment: The parties have agreed that the actual cost for the Utility
Work is estimated to be (but shall not exceed) $548,566.00, based upon the attached cost estimate(s).
Billing and payment for Utility Work performed by Mn/DOT's Design-Build Contractor, not including
inspection by the Utility Owner, shall be in accordance with the MUA.
Billing and payment for any Betterment Work shall be in accordance with the MUA.
BETTERMENT, RETIREMENT VALUE AND SALVAGE
The Utility Work includes Betterment to the Utility Owner's Facilities by reason of: Installation of the
16-inch watermain along the West side of Powers Boulevard (CSAH 17) from Lyman Boulevard (CSAH
18) South to Pioneer Trail (CSAH 14) with 8, 12 and 16-inch watermain stubs and a pressure reducing
valve (PRV) in the lump sum amount of $548,566.00.
The Utility Owner shall credit Mn/DOT, for the actual Utility Relocation Costs of any Betterment,
salvage value, and retirement value on the facilities as required pursuant to the MUA.
Exhibit E, Page 6 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
EFFECTIVE DATE
This Work Order shall be effective as of the "Date" filled in by Mn/DOT on the face page of this Work
Order.
IN WITNESS WHEREOF, Mn/DOT, the Utility Owner, and the Contractor have executed this Work
Order as of the "Date" set forth on the face page of this Work Order.
Utility Owner: City of Chanhassen
By:
Print Name:
Title:
Contractor: Zumbro River Constructors
By:
Print Name:
Scott Risley
Title:
ZRC Project Manager
Mn/DOT:
By:
Print Name:
Jon Chiglo
Title:
TH212 Project Manager
State Encumbrance Verification
N/A, funds encumbered under Master Utility Agreement
Exhibit E, Page 7 of 7
S.P.IOI7-12 (TH. 212)
Agreement Number 86825
EXHIBIT E
WORK ORDER
MASTER UTILITY AGREEMENT ("MUA")
MUA No.: 86825 UDS No(s): 3-12
Work Order No.: 004 Date:
(to be filled in by Mn/DOT)
Work Order Revision No.: - Date:
(to be filled in by Mn/DOT)
Change Order No.(if applicable):
NAME OF "Utility Owner": City of Chanhassen
LOCA TION/DESCRIPTION OF WORK
Location of the Utility Work Covered By This Work Order is Described in Attached UDS.
General Description of the Utility Work Covered By This Work Order:
This Work Order includes all Utility Work required to install a future 12-inch water main along the North
side of Pioneer Trail. The water main is to connect to 16-in main along Powers Boulevard. This Work
Order also includes all work to install 8 and 12 inch water main stubs off the 12-in main along Pioneer
Trail. Steel casing will be installed under the TH 212 mainline and under Bluff Creek. Work to be
performed for the City of Chanhassen under the TH 212 Desig;n-Build Proiect (S.P. 1017-12).
Costs representative of Utility Work above and beyond the line item cost presented on Form 14A for an
increase / decrease in scope will be addressed in a Change Order supplied by the Department.
ALLOCA TION OF RESPONSIBILITY FOR UTILITY WORK
For Design: by Contractor: Zumbro River Constructors
For Construction: by Contractor: Zumbro River Constructors
Exhibit E, Page 1 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
COST RESPONSIBILITY
For Design & Construction: Mn/DOT Pays $Q; Utility Owner Pays $353,439.00
Actual Costs, Lump Sum: $353,439.00
SCHEDULE (THIS WORK ORDER ONLY):
SCHEDULE (THIS WORK ORDER ONLY):
For Design:
For Construction:
Stm1 Date: 11/7/2005
Start Date: 9/28/2006
Completion Date (CD): 11110/2005
Completion Date (CD): 10/19/2006
Review: Within 14 Days of CD
Inspection: Within 30 Days of CD
Exhibit E, Page 2 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
COST ESTIMATE SUMMARY
The Contractor shall provide a summary of financial costs associated with all Utility Work performed by
the Utility Owner and/or by the Contractor under this Work Order, whether that Utility Work is to be
performed on a lump sum or an actual cost basis, in the format described below. Include appendices
detailing the basis for the numbers entered in the financial summary.
Item
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
12.
Description
Direct Labor
Inspection Cost
Material
Engineering
Equipment
Markup
Subtotal
Subcontractors
Markup
Replacement Easements
Compensable Property Rights
Form 14A
Total
Cost
Ref: Appendix
$ 26,056.00
$
$ 37,809.00
$
$
$
$
$ 2,906.00
$ 1,668.00
$
$
$285,000.00
$ 353,439.00
Attachment C
Attachment c
Attachment C
Attachment C
FOR MnlDOT INTERNAL ACCOUNTING PURPOSES ONLY:
MUA Encumbrance: $
Mn/DOT Costs incurred under: MUA $
DB Contract $
Total To Date:
MUA $
Remaining MUA Balance: $
; and/or
; and/or DB Contract $
Dlf the box to the left is checked and initialed by Mn/DOT, this Work Order will also function as a
Change Order pursuant to Book 1 of the Contract Documents. In that event certain Change Order
provisions will be attached, as Attachment A. However, Attachment A shall be between Mn/DOT and
the Contractor only, and the Utility Owner shall not be a party to or affected thereby.
~If the box to the left is checked and initialed by Mn/DOT, this Work Order will NOT function as a
Change Order pursuant to Book 1 of the Contract Documents.
THIS WORK ORDER ("Work Order") is entered into by and among Mn/DOT, the Utility Owner, and
the Contractor, to implement in part that certain Master Utility Agreement (MUA) identified as Mn/DOT
Agreement No. 86825, as the same may be amended from time to time. The information on the face
page(s) to which this Work Order is attached is a part of this Work Order.
UTILITY WORK TO BE DONE
MUA. This Work Order is issued to authorize the Utility Work described herein. The MUA and all of
the provisions thereof are incorporated into this Work Order by this reference. All attachments referenced
Exhibit E, Page 3 of 7
S.P. 1017-12 (TH 212)
Agreement Number 86825
in this Work Order are incorporated herein by such reference. All Utility Work shall be performed in
accordance with the requirements of the MUA, but this Work Order shall prevail to the extent of any
inconsistency between the provisions of this Work Order and the MUA.
Scope of Utility Work. The Utility Owner and the Contractor shall each perform the design and
construction work specified as their respective responsibility on the face page of this Work Order.
Schedule. Where the Utility Owner or the Contractor is responsible to perform the design work
described herein, the Utility Owner or the Contractor shall complete the design work described herein in
accordance with the schedule specified on the face page of this Work Order. Where the Utility Owner or
the Contractor is responsible to perform the construction work described herein, the Utility Owner or the
Contractor shall commence the construction work described herein only after approval of the Final
Design by the other pa11y for such Utility Work as provided below. The Utility Owner or the Contractor
shall complete such construction work in accordance with the schedule specified on the face page of this
Work Order.
PERFORMANCE OF THE UTILITY WORK
Design. The design to be furnished, whether by the Utility Owner or by the Contractor, pursuant to this
Work Order shall be substantially in accordance with the preliminary plan attached to this Work Order as
Attachment A, the specifications and standards attached to this Work Order as Attachment (See
Attachment A with Work Order WO-OOl for Standard Plates and Specifications)and shall be consistent
and compatible with the relevant Project Plans. All plans for the Utility Work are subject to review and
approval by the Utility Owner and by the Contractor, in accordance with the time frames and procedures
set forth in the MUA, as may be modified by the Work Order.
Construction. The construction to be performed pursuant to this Work Order, whether by the Utility
Owner or by the Contractor, shall be performed substantially in accordance with the final approved design
plans. Deviations from the final approved design plans may occur only in conformity with the MUA.
A. The Utility Owner may perform inspections of construction of any Utility Work that is
performed by the Contractor. The Utility Owner's designated inspector shall coordinate
with the Contractor in connection with any inspections.
B. Such inspection may be performed at any time during construction, and a final inspection
shall be performed no later than thirty Days (or other time period agreed to by the parties)
after completion of construction pursuant to the Work Order, and the Utility Owner shall
provide the Contractor with a signed Construction Acceptance Letter (Exhibit G(l)) for
the completed Utility Work if it makes a conditional determination that the Utility Work
appears to meet the Technical Criteria/Performance Standards described herein or in the
Work Order executed for that Utility Work. The thirty-Day time period (or other time
period agreed to by the parties) shall begin at the time the Contractor notifies the Utility
Owner, in writing, that the construction is completed. The Utility Owner shall have the
right to reject any construction Utility Work that does not appear to meet the Technical
Criteria/Performance Standards described herein or in the Work Order executed for that
Utility Work. If the Utility Owner rejects any construction Utility Work, the Utility
Owner shall immediately notify the Contractor, in writing, of its grounds for rejection
and suggestions for correcting the problem, and the Utility Owner shall re-review the
revised construction Utility Work no later than seven Days after its completion, unless a
different time period is expressly required in the Work Order for that Utility Work.
C. Where the Utility Owner performs the construction Utility Work, the Utility Owner shall
provide As-Built plans of the Utility Work performed by the Utility Owner to Mn/DOT
no later than ninety Days after receipt of a Construction Inspection Approval Letter from
the Contractor. Where the Contractor performs the construction Utility Work, the
Contractor shall provide As-Built plans of Utility Work performed by the Contractor to
Exhibit E, Page 4 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
Mn/DOT and the Utility Owner no later than ninety Days after receipt of a Construction
Inspection Acceptance Letter from the Utility Owner accepting the Utility Work.
Mn/DOT may withhold payments due to Contractor or the Utility Owner for failure to
timely provide the As-Built plans of Utility Work.
D. At the time Mn/DOT is conducting its final inspection review, or earlier if agreed to by
the parties, Mn/DOT and the Contractor shall give the Utility Owner in writing the
opportunity to conduct a final inspection of the Utility Work, and the Utility Owner shall
sign and provide to the Contractor within seven days of the inspection a Construction
Inspection Approval Letter (Exhibit 0(3)) for the completed Utility Work after it
determines that the Utility Work meets the Technical Criteria/Performance Standards
described herein or in the Work Order executed for that Utility Work. As part of that
inspection, the Contractor shall provide the Utility Owner with a certification by a
Professional Engineer licensed in the State of Minnesota indicating that construction of
the Utility Work was performed in accordance with the requirements of the Work Order,
including the approved design.
E. The Utility Owner's inspection, acceptance and approval of the Utility Work shall not be
construed as a waiver by the Utility Owner of any claim the Utility Owner may have
under applicable law.
LIABILITY FOR UTILITY WORK
In accordance with the MUA, Mn/DOT and the Utility Owner shall each be responsible for the Utility
Relocation Costs specified on the face page of this Work Order (except for any Betterments as described
below, which shall be at 100% Utility Owner's expense).
COST ESTIMATE
The party responsible for the performance of the design and/or the construction (as applicable) of the
Utility Work authorized by this Work Order shall prepare a cost estimate for that Utility Work, whether
that Utility Work is to be performed on a lump sum or an actual cost basis, in accordance with the MUA.
Such estimates shall be attached and incorporated into this Work Order.
PRICE OF UTILITY WORK
Utility with Property Rights (Mn/DOT pays): Not applicable to this Work Order.
Utility located on Interstate Highway (Mn/DOT pays): Not Applicable to this Work Order.
Municipal Utility with Property Rights or first move (Mn/DOT pays): Not Applicable to this Work
Order.
Utility without Property Rights (Utility Owner pays): Not Applicable to this Work Order.
The amount stated above is an estimate of the Utility Work. Authorized expenditures and
reimbursements will be based on cost the terms of the MUA.
Exhibit E, Page 5 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
QUITCLAIM DEED FOR PROPERTY RIGHTS
Not Applicable to this Work Order.
BILLING AND PAYMENT
Mn/DOT Responsibility for Payment: Billing and payment for Utility Work performed by Mn/DOT's
Design-Build Contractor and inspected by the Utility Owner shall be in accordance with the Design-Build
Contract. Billing and payment for Utility Work performed by the Utility Owner shall be in accordance
with the MUA.
Utility Owner's Responsibility for Payment: The parties have agreed that the actual cost for the Utility
Work is estimated to be (but shall not exceed) $353,439.00, based upon the attached cost estimate(s).
Billing and payment for Utility Work performed by MnJDOT's Design-Build Contractor, not including
inspection by the Utility Owner, shall be in accordance with the MUA.
Billing and payment for any Betterment Work shall be in accordance with the MUA.
BETTERMENT, RETIREMENT VALUE, SALVAGE
The Utility Work includes Betterment to the Utility Owner's Facilities by reason of: Installation of the
12-inch water main along the North side of Pioneer Trail and the 8 and 12 inch water main stubs in the
lump sum amount of $353,439.00.
The Utility Owner shall credit Mn/DOT, for the actual Utility Relocation Costs of any Betterment,
salvage value, and retirement value on the facilities as required pursuant to the MUA.
Exhibit E, Page 6 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
EFFECTIVE DATE
This Work Order shall be effective as of the "Date" filled in by Mn/DOT on the face page of this Work
Order.
IN WITNESS WHEREOF, Mn/DOT, the Utility Owner, and the Contractor have executed this Work
Order as of the "Date" set forth on the face page of this Work Order.
Utility Owner: City of Chanhassen
By:
Print Name:
Title:
Contractor: Zumbro River Constructors
By:
Print Name:
Scott Risley
Title:
ZRC Project Manager
Mn/DOT:
By:
Print Name:
Jon Chiglo
Title:
TH212 Project Manager
State Encumbrance Verification
N/A, funds encumbered under Master Utility Agreement
Exhibit E, Page 7 of 7
S.P.1017-12 (T.H. 212)
Agreement Number 86825
EXHIBIT E
MUA No.: 86825 UDS No(s): 3-13
Work Order No.: 005 Date:
(to be filled in by Mn/DOT)
Work Order Revision No.: - Date:
(to be filled in by Mn/DOT)
Change Order No.(if applicable):
NAME OF "Utility Owner": City of Chanhassen
LOCA TIONIDESCRIPTION OF WORK
Location of the Utility Work Covered By This Work Order is Described in Attached UDS.
General Description of the Utility Work Covered By This Work Order:
This Work Order includes all Utility Work required to install a future 21-inch PYC sanitary stub across
Lyman Boulevard (CSAH 18) near old TH 101 to the South. It also includes all Utility work to add 8"
PYC sanitary stubs for service to the Park and Ride facility along Lyman, in association with the TH212
Design-B uild Proiect (S.P. 1017-12).
Costs representative of Utility Work above and beyond the line item cost presented on Form 14A for an
increase / decrease in scope will be addressed in a Change Order supplied by the Department.
ALLOCA TION OF RESPONSIBILITY FOR UTILITY WORK
For Design: by Contractor: Zumbro River Constructors
For Construction: by Contractor: Zumbro River Constructors
WORK ORDER
MASTER UTILITY AGREEMENT ("MUA")
Exhibit E, Page 1 of 7
S.P. 1017-12 (TH 212)
Agreement Number 86825
COST RESPONSIBILITY
For Design & Construction: MnlDOT Pays $Q; Utility Owner Pays $52,887.00
Actual Costs Not To Exceed $52,887.00
SCHEDULE (THIS WORK ORDER ONLY):
SCHEDULE (THIS WORK ORDER ONLY):
For Design:
For Construction:
Start Date: 11/7/2005
Start Date: 4/3/2005
Completion Date (CD): 11110/2005
Completion Date (CD): 8/30/2006
Review: Within 14 Days of CD
Inspection: Within 30 Days of CD
Exhibit E, Page 2 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
COST ESTIMATE SUMMARY
The Contractor shall provide a summary of financial costs associated with all Utility Work performed by
the Utility Owner and/or by the Contractor under this Work Order, whether that Utility Work is to be
performed on a lump sum or an actual cost basis, in the format described below. Include appendices
detailing the basis for the numbers entered in the financial summary.
Item
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
12.
Description
Direct Labor
Inspection Cost
Material
Engineering
Equipment
Markup
Subtotal
Subcontractors
Markup
Replacement Easements
Compensable Property Rights
Form 14A
Total
Cost
Ref: Appendix
$ 11.350.00
$
$ 3,242.00
$
$
$
$
$ 3,569.00
$ 726.00
$
$
$ 34,000.00
$ 52,887.00
Attachment C
Attachment C
Attachment C
Attachment C
FOR Mn/DOT INTERNAL ACCOUNTING PURPOSES ONLY:
MUA Encumbrance: $
Mn/DOT Costs incurred under: MUA $
DB Contract $
Total To Date:
MUA $
Remaining MUA Balance: $
; and/or
; and/or DB Contract $
OIf the box to the left is checked and initialed by Mn/DOT, this Work Order will also function as a
Change Order pursuant to Book 1 of the Contract Documents. In that event certain Change Order
provisions will be attached, as Attachment A. However, Attachment A shall be between Mn/DOT and
the Contractor only, and the Utility Owner shall not be a party to or affected thereby.
[gIIf the box to the left is checked and initialed by Mn/DOT, this Work Order will NOT function as a
Change Order pursuant to Book 1 of the Contract Documents.
THIS WORK ORDER ("Work Order") is entered into by and among Mn/DOT, the Utility Owner, and
the Contractor, to implement in part that certain Master Utility Agreement (MUA) identified as Mn/DOT
Agreement No. 86825, as the same may be amended from time to time. The information on the face
page(s) to which this Work Order is attached is a part of this Work Order.
UTILITY WORK TO BE DONE
MUA. This Work Order is issued to authorize the Utility Work described herein. The MUA and all of
the provisions thereof are incorporated into this Work Order by this reference. All attachments referenced
Exhibit E, Page 3 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
in this Work Order are incorporated herein by such reference. All Utility Work shall be performed in
accordance with the requirements of the MUA, but this Work Order shall prevail to the extent of any
inconsistency between the provisions of this Work Order and the MUA.
Scope of Utilitv Work. The Utility Owner and the Contractor shall each perform the design and
construction work specified as their respective responsibility on the face page of this Work Order.
Schedule. Where the Utility Owner or the Contractor is responsible to perform the design work
described herein, the Utility Owner or the Contractor shall complete the design work described herein in
accordance with the schedule specified on the face page of this Work Order. Where the Utility Owner or
the Contractor is responsible to perform the construction work described herein, the Utility Owner or the
Contractor shall commence the construction work described herein only after approval of the Final
Design by the other party for such Utility Work as provided below. The Utility Owner or the Contractor
shall complete such construction work in accordance with the schedule specified on the face page of this
Work Order.
PERFORMANCE OF THE UTILITY WORK
Design. The design to be furnished, whether by the Utility Owner or by the Contractor, pursuant to this
Work Order shall be substantially in accordance with the preliminary plan attached to this Work Order as
Attachment A, the specifications and standards attached to this Work Order as Attachment (See
Attachment A with Work Order WO-OOl for Standard Plates and Specifications), and shall be consistent
and compatible with the relevant Project Plans. All plans for the Utility Work are subject to review and
approval by the Utility Owner and by the Contractor, in accordance with the time frames and procedures
set forth in the MUA, as may be modified by the Work Order.
Construction. The construction to be performed pursuant to this Work Order, whether by the Utility
Owner or by the Contractor, shall be performed substantially in accordance with the final approved design
plans. Deviations from the final approved design plans may occur only in conformity with the MUA.
A. The Utility Owner may perform inspections of construction of any Utility Work that is
performed by the Contractor. The Utility Owner's designated inspector shall coordinate
with the Contractor in connection with any inspections.
B. Such inspection may be performed at any time during construction, and a final inspection
shall be performed no later than thirty Days (or other time period agreed to by the parties)
after completion of construction pursuant to the Work Order, and the Utility Owner shall
provide the Contractor with a signed Construction Acceptance Letter (Exhibit G(l)) for
the completed Utility Work if it makes a conditional determination that the Utility Work
appears to meet the Technical Criteria/Performance Standards described herein or in the
Work Order executed for that Utility Work. The thirty-Day time period (or other time
period agreed to by the parties) shall begin at the time the Contractor notifies the Utility
Owner, in writing, that the construction is completed. The Utility Owner shall have the
right to reject any construction Utility Work that does not appear to meet the Technical
Criteria/Performance Standards described herein or in the Work Order executed for that
Utility Work. If the Utility Owner rejects any construction Utility Work, the Utility
Owner shall immediately notify the Contractor, in writing, of its grounds for rejection
and suggestions for correcting the problem, and the Utility Owner shall re-review the
revised construction Utility Work no later than seven Days after its completion, unless a
different time period is expressly required in the Work Order for that Utility Work.
C. Where the Utility Owner performs the construction Utility Work, the Utility Owner shall
provide As-Built plans of the Utility Work performed by the Utility Owner to Mn/DOT
no later than ninety Days after receipt of a Construction Inspection Approval Letter from
the Contractor. Where the Contractor performs the construction Utility Work, the
Contractor shall provide As-Built plans of Utility Work performed by the Contractor to
Exhibit E, Page 4 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
Mn/DOT and the Utility Owner no later than ninety Days after receipt of a Construction
Inspection Acceptance Letter from the Utility Owner accepting the Utility Work.
Mn/DOT may withhold payments due to Contractor or the Utility Owner for failure to
timely provide the As-Built plans of Utility Work.
D. At the time Mn/DOT is conducting its final inspection review, or earlier if agreed to by
the parties, Mn/DOT and the Contractor shall give the Utility Owner in writing the
opportunity to conduct a final inspection of the Utility Work, and the Utility Owner shall
sign and provide to the Contractor within seven days of the inspection a Construction
Inspection Approval Letter (Exhibit G(3)) for the completed Utility Work after it
determines that the Utility Work meets the Technical Criteria/Performance Standards
described herein or in the Work Order executed for that Utility Work. As part of that
inspection, the Contractor shall provide the Utility Owner with a certification by a
Professional Engineer licensed in the State of Minnesota indicating that construction of
the Utility Work was performed in accordance with the requirements of the Work Order,
including the approved design.
E. The Utility Owner's inspection, acceptance and approval of the Utility Work shall not be
construed as a waiver by the Utility Owner of any claim the Utility Owner may have
under applicable law.
LIABILITY FOR UTILITY WORK
In accordance with the MUA, Mn/DOT and the Utility Owner shall each be responsible for the Utility
Relocation Costs specified on the face page of this Work Order (except for any Betterments as described
below, which shall be at 100% Utility Owner's expense).
COST ESTIMATE
The party responsible for the performance of the design and/or the construction (as applicable) of the
Utility Work authorized by this Work Order shall prepare a cost estimate for that Utility Work, whether
that Utility Work is to be performed on a lump sum or an actual cost basis, in accordance with the MUA.
Such estimates shall be attached and incorporated into this Work Order.
PRICE OF UTILITY WORK
Utility with Property Rights (Mn/DOT pays): Not applicable to this Work Order.
Utility located on Interstate Highway (Mn/DOT pays): Not Applicable to this Work Order.
Municipal Utility with Property Rights or first move (Mn/DOT pays): Not Applicable to this Work
Order.
Utility without Property Rights (Utility Owner pays): Not Applicable to this Work Order.
The amount stated above is an estimate of the Utility Work. Authorized expenditures and
reimbursements will be based on cost the terms of the MUA.
Exhibit E, Page 5 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
QUITCLAIM DEED FOR PROPERTY RIGHTS
Not Applicable to this Work Order.
BILLING AND PAYMENT
MnlDOT Responsibility for Payment: Billing and payment for Utility Work performed by Mn/DOT's
Design-Build Contractor and inspected by the Utility Owner shall be in accordance with the Design-Build
Contract. Billing and payment for Utility Work performed by the Utility Owner shall be in accordance
with the MUA.
Utility Owner's Responsibility for Payment: The parties have agreed that the actual cost for the Utility
Work is estimated to be (but shall not exceed) $52,887.00, based upon the attached cost estimate(s).
Billing and payment for Utility Work performed by Mn/DOT's Design-Build Contractor, not including
inspection by the Utility Owner, shall be in accordance with the MUA.
Billing and payment for any Betterment Work shall be in accordance with the MUA.
BETTERMENT, RETIREMENT VALUE AND SALVAGE
The Utility Work includes Betterment to the Utility Owner's Facilities by reason of: Installation of the
21-inch PYC sanitary stub across Lyman Boulevard (CSAH 18) and 8" PYC sanitary stubs for service to
the Park and Ride in the estimated amount of $52,887.00.
The Utility Owner shall credit Mn/DOT, for the actual Utility Relocation Costs of any Betterment,
salvage value, and retirement value on the facilities as required pursuant to the MUA.
Exhibit E, Page 6 of 7
S.P. 1017-12 (TH 212)
Agreement Number 86825
EFFECTIVE DATE
This Work Order shall be effective as of the "Date" filled in by Mn/DOT on the face page of this Work
Order.
IN WITNESS WHEREOF, Mn/DOT, the Utility Owner, and the Contractor have executed this Work
Order as of the "Date" set forth on the face page of this Work Order.
Utility Owner: City of Chanhassen
By:
Print Name:
Title:
Contractor: Zumbro River Constructors
By:
Print Name:
Scott Risley
Title:
ZRC Project Manager
Mn/DOT:
By:
Print Name:
Jon Chiglo
Title:
TH212 Project Manager
State Encumbrance Verification
N/A, funds encumbered under Master Utility Agreement
Exhibit E, Page 7 of 7
S.P.IOI7-12 (TH. 212)
Agreement Number 86825
EXHIBIT E
WORK ORDER
MASTER UTILITY AGREEMENT ("MUA")
MUA No.: 86825 UDS No(s): 5-14
Work Order No.: 006 Date:
(to be filled in by MnlDOT)
Work Order Revision No.: - Date:
(to be filled in by Mn/DOT)
Change Order No.(if applicable):
NAME OF "Utility Owner": City of Chanhassen
LOCA TION/DESCRIPTION OF WORK
Location of the Utility Work Covered By This Work Order is Described in Attached UDS.
General Description of the Utility Work Covered By This Work Order:
This Work Order includes all Utility Work required to install a IS-inch PYC sanitary line along the North
side of Pioneer Trail. Also included is all work to install future ( 1) IS-inch PYC sanitary stub and (2) 8-
inch PYC sanitary stubs, in association with the TH212 Design-Build Proiect (S.P. 1017-12).
Costs representative of Utility Work above and beyond the line item cost presented on Form 14A for an
increase / decrease in scope will be addressed in a Change Order supplied by the Department.
ALLOCA TION OF RESPONSIBILITY FOR UTILITY WORK
For Design: by Contractor: Zumbro River Constructors
For Construction: by Contractor: Zumbro River Constructors
Exhibit E, Page 1 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
COST RESPONSIBILITY
For Design & Construction:
Mn/DOT Pays $Q;
Utility Owner Pays $168,188.00
Actual Costs, Lump Sum: $168,188.00
SCHEDULE (THIS WORK ORDER ONLY):
SCHEDULE (THIS WORK ORDER ONLY):
For Design:
For Construction:
Start Date: 11/7/2005
Start Date: 8/30/2006
Completion Date (CD): 11110/2005
Completion Date (CD):9/27/2006
Review: Within 14 Days of CD
Inspection: Within 30 Days of CD
Exhibit E, Page 2 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
COST ESTIMATE SUMMARY
The Contractor shall provide a summary of financial costs associated with all Utility Work performed by
the Utility Owner and/or by the Contractor under this Work Order, whether that Utility Work is to be
performed on a lump sum or an actual cost basis, in the format described below. Include appendices
detailing the basis for the numbers entered in the financial summary.
Item
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Description
Direct Labor
Inspection Cost
Material
Engineering
Equipment
Markup
Subtotal
Subcontractors
Markup
Replacement Easements
Compensable Property Rights
Form 14A
Total
Cost
Ref: Appendix
$ 16,778.00
$
$ <13,078.00>
$
$
$
$
$ 3,414.00
$ 1,074.00
$
$
$160,000.00
$ 168,188.00
Attachment C
Attachment C
Attachment C
Attachment C
FOR Mn/DOT INTERNAL ACCOUNTING PURPOSES ONLY:
MUA Encumbrance: $
Mn/DOT Costs incurred under: MUA $
DB Contract $
Total To Date:
MUA $
Remaining MUA Balance: $
; and/or
; and/or DB Contract $
Dlf the box to the left is checked and initialed by Mn/DOT, this Work Order will also function as a
Change Order pursuant to Book 1 of the Contract Documents. In that event certain Change Order
provisions will be attached, as Attachment A. However, Attachment A shall be between Mn/DOT and
the Contractor only, and the Utility Owner shall not be a party to or affected thereby.
[gJlf the box to the left is checked and initialed by Mn/DOT, this Work Order will NOT function as a
Change Order pursuant to Book 1 of the Contract Documents.
THIS WORK ORDER ("Work Order") is entered into by and among Mn/DOT, the Utility Owner, and
the Contractor, to implement in part that certain Master Utility Agreement (MUA) identified as Mn/DOT
Agreement No. 86825, as the same may be amended from time to time. The information on the face
page(s) to which this Work Order is attached is a part of this Work Order.
UTILITY WORK TO BE DONE
MUA. This Work Order is issued to authorize the Utility Work described herein. The MUA and all of
the provisions thereof are incorporated into this Work Order by this reference. All attachments referenced
Exhibit E, Page 3 of7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
in this Work Order are incorporated herein by such reference. All Utility Work shall be performed in
accordance with the requirements of the MUA, but this Work Order shall prevail to the extent of any
inconsistency between the provisions of this Work Order and the MUA.
Scope of Utili tv Work. The Utility Owner and the Contractor shall each perform the design and
construction work specified as their respective responsibility on the face page of this Work Order.
Schedule. Where the Utility Owner or the Contractor is responsible to perform the design work
described herein, the Utility Owner or the Contractor shall complete the design work described herein in
accordance with the schedule specified on the face page of this Work Order. Where the Utility Owner or
the Contractor is responsible to perform the construction work described herein, the Utility Owner or the
Contractor shall commence the construction work described herein only after approval of the Final
Design by the other party for such Utility Work as provided below. The Utility Owner or the Contractor
shall complete such construction work in accordance with the schedule specified on the face page of this
Work Order.
PERFORMANCE OF THE UTILITY WORK
Design. The design to be furnished, whether by the Utility Owner or by the Contractor, pursuant to this
Work Order shall be substantially in accordance with the preliminary plan attached to this Work Order as
Attachment A, the specifications and. standards attached to this Work Order as Attachment (See
Attachment A with Work Order WO-OO 1 for Standard Plates and Specifications), and shall be consistent
and compatible with the relevant Project Plans. All plans for the Utility Work are subject to review and
approval by the Utility Owner and by the Contractor, in accordance with the time frames and procedures
set forth in the MUA, as may be modified by the Work Order.
Construction. The construction to be performed pursuant to this Work Order, whether by the Utility
Owner or by the Contractor, shall be performed substantially in accordance with the final approved design
plans. Deviations from the final approved design plans may occur only in conformity with the MUA.
A. The Utility Owner may perform inspections of construction of any Utility Work that is
performed by the Contractor. The Utility Owner's designated inspector shall coordinate
with the Contractor in connection with any inspections.
B. Such inspection may be performed at any time during construction, and a final inspection
shall be performed no later than thirty Days (or other time period agreed to by the parties)
after completion of construction pursuant to the Work Order, and the Utility Owner shall
provide the Contractor with a signed Construction Acceptance Letter (Exhibit G(l)) for
the completed Utility Work if it makes a conditional determination that the Utility Work
appears to meet the Technical Criteria/Performance Standards described herein or in the
Work Order executed for that Utility Work. The thirty-Day time period (or other time
period agreed to by the parties) shall begin at the time the Contractor notifies the Utility
Owner, in writing, that the construction is completed. The Utility Owner shall have the
right to reject any construction Utility Work that does not appear to meet the Technical
Criteria/Performance Standards described herein or in the Work Order executed for that
Utility Work. If the Utility Owner rejects any construction Utility Work, the Utility
Owner shall immediately notify the Contractor, in writing, of its grounds for rejection
and suggestions for correcting the problem, and the Utility Owner shall re-review the
revised construction Utility Work no later than seven Days after its completion, unless a
different time period is expressly required in the Work Order for that Utility Work.
C. Where the Utility Owner performs the construction Utility Work, the Utility Owner shall
provide As-Built plans of the Utility Work performed by the Utility Owner to Mn/DOT
no later than ninety Days after receipt of a Construction Inspection Approval Letter from
the Contractor. Where the Contractor performs the construction Utility Work, the
Contractor shall provide As-Built plans of Utility Work performed by the Contractor to
Exhibit E, Page 4 of 7
S.P. 1017-12 (T.H. 2(2)
Agreement Number 86825
Mn/DOT and the Utility Owner no later than ninety Days after receipt of a Construction
Inspection Acceptance Letter from the Utility Owner accepting the Utility Work.
Mn/DOT may withhold payments due to Contractor or the Utility Owner for failure to
timely provide the As-Built plans of Utility Work.
D. At the time Mn/DOT is conducting its final inspection review, or earlier if agreed to by
the parties, Mn/DOT and the Contractor shall give the Utility Owner in writing the
opportunity to conduct a final inspection of the Utility Work, and the Utility Owner shall
sign and provide to the Contractor within seven days of the inspection a Construction
Inspection Approval Letter (Exhibit 0(3)) for the completed Utility Work after it
determines that the Utility Work meets the Technical Criteria/Performance Standards
described herein or in the Work Order executed for that Utility Work. As part of that
inspection, the Contractor shall provide the Utility Owner with a certification by a
Professional Engineer licensed in the State of Minnesota indicating that construction of
the Utility Work was performed in accordance with the requirements of the Work Order,
including the approved design.
E. The Utility Owner's inspection, acceptance and approval of the Utility Work shall not be
construed as a waiver by the Utility Owner of any claim the Utility Owner may have
under applicable law.
LIABILITY FOR UTILITY WORK
In accordance with the MUA, Mn/DOT and the Utility Owner shall each be responsible for the Utility
Relocation Costs specified on the face page of this Work Order (except for any Betterments as described
below, which shall be at 100% Utility Owner's expense).
COST ESTIMATE
The par1y responsible for the performance of the design and/or the construction (as applicable) of the
Utility Work authorized by this Work Order shall prepare a cost estimate for that Utility Work, whether
that Utility Work is to be performed on a lump sum or an actual cost basis, in accordance with the MUA.
Such estimates shall be attached and incorporated into this Work Order.
PRICE OF UTILITY WORK
Utility with Property Rights (Mn/DOT pays): Not applicable to this Work Order.
Utility located on Interstate Highway (Mn/DOT pays): Not Applicable to this Work Order.
Municipal Utility with Property Rights or first move (Mn/DOT pays): Not Applicable to this Work
Order.
Utility without Property Rights (Utility Owner pays): Not Applicable to this Work Order.
The amount stated above is an estimate of the Utility Work. Authorized expenditures and
reimbursements will be based on cost the terms of the MUA.
Exhibit E, Page 5 of?
S.P. 1017-12 (TH. 212)
Agreement Number 86825
QUITCLAIM DEED FOR PROPERTY RIGHTS
Not Applicable to this Work Order.
BILLING AND PAYMENT
Mn/DOT Responsibilitv for Payment: Billing and payment for Utility Work performed by Mn/DOT's
Design-Build Contractor and inspected by the Utility Owner shall be in accordance with the Design-Build
Contract. Billing and payment for Utility Work performed by the Utility Owner shall be in accordance
with the MUA.
Utili tv Owner's Responsibilitv for Payment: The parties have agreed that the actual cost for the Utility
Work is estimated to be (but shall not exceed) $168,188.00, based upon the attached cost estimate(s).
Billing and payment for Utility Work performed by Mn/DOT's Design-Build Contractor, not including
inspection by the Utility Owner, shall be in accordance with the MUA.
Billing and payment for any Betterment Work shall be in accordance with the MUA.
BETTERMENT, RETIREMENT VALUE AND SALVAGE
The Utility Work includes Betterment to the Utility Owner's Facilities by reason of: Installation of the
IS-inch PYC sanitary line along the North side of Pioneer Trail, (1) IS-inch PYC sanitary stub and (2) 8-
inch PYC sanitary stubs in the lump sum amount of $168,188.00.
The Utility Owner shall credit Mn/DOT, for the actual Utility Relocation Costs of any Betterment,
salvage value, and retirement value on the facilities as required pursuant to the MUA.
Exhibit E, Page 6 of 7
S.P. 1017-12 (T.H 212)
Agreement Number 86825
EFFECTIVE DATE
This Work Order shall be effective as of the "Date" filled in by Mn/DOT on the face page of this Work
Order.
IN WITNESS WHEREOF, Mn/DOT, the Utility Owner, and the Contractor have executed this Work
Order as of the "Date" set forth on the face page of this Work Order.
Utility Owner: City of Chanhassen
By:
Print Name:
Title:
Contractor: Zumbro River Constructors
By:
Print Name:
Scott Risley
Title:
ZRC Project Manager
MnlDOT:
By:
Print Name:
Jon Chiglo
Title:
TH212 Project Manager
State Encumbrance Verification
N/A, funds encumbered under Master Utility Agreement
Exhibit E, Page 7 of 7
S.P.IOI7-12 (TH 212)
Agreement Number 86825
EXHIBIT E
WORK ORDER
MASTER UTILITY AGREEMENT ("MUA")
MUA No.: 86825 UDS No(s): 5-15
Work Order No.: 007 Date:
(to be filled in by Mn/DOT)
Work Order Revision No.: - Date:
(to be filled in by Mn/DOT)
Change Order No.(if applicable):
NAME OF "Utility Owner": City of Chanhassen
LOCA TIONIDESCRIPTION OF WORK
Location of the Utility Work Covered By This Work Order is Described in Attached UDS.
General Description of the Utility Work Covered By This Work Order:
This Work Order includes all Utility Work required to install a future 8-inch and 18-inch PVC sanitary
trunk line along the East side of Powers Boulevard for connecting to a future lift station. Also included is
all work to install future 18-inch PVC sanitary stubs and 8-inch PVC sanitary stubs. Work to be
performed for the City of Chanhassen under the TH 212 Design-Build Proiect.
Costs representative of Utility Work above and beyond the line item cost presented on Form 14A for an
increase / decrease in scope will be addressed in a Change Order supplied by the Depal1ment.
ALLOCA TION OF RESPONSIBILITY FOR UTILITY WORK
For Design: by Contractor: Zumbro River Constructors
For Construction: by Contractor: Zumbro River Constructors
Exhibit E, Page 1 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
COST RESPONSIBILITY
For Design & Construction:
MnlDOT Pays $Q; Utility Owner Pays $191,398.00
Actual Cost, Lump Sum: $191,398.00
SCHEDULE (THIS WORK ORDER ONLY):
SCHEDULE (THIS WORK ORDER ONLY):
For Design:
For Construction:
Start Date: 111712005
Start Date: 11/20/2005
Completion Date (CD): 11110/2005
Completion Date (CD):4/26/2006
Review: Within 14 Days of CD
Inspection: Within 30 Days of CD
Exhibit E, Page 2 of 7
S.P. 1017-12 (TH. 212)
Agreement Number 86825
COST ESTIMATE SUMMARY
The Contractor shall provide a summary of financial costs associated with all Utility Work performed by
the Utility Owner and/or by the Contractor under this Work Order, whether that Utility Work is to be
performed on a lump sum or an actual cost basis, in the format described below. Include appendices
detailing the basis for the numbers entered in the financial summary.
Item
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Description
Direct Labor
Inspection Cost
Material
Engineering
Equipment
Markup
Subtotal
Subcontractors
Markup
Replacement Easements
Compensable Property Rights
Form 14A Cost
Total
Cost
Ref: Appendix
$ 20,581.00
$
$ 6,643.00
$
$
$
$
$ 2,857.00
$ 1,317.00
$
$
$ 160,000.00
$ 191,398.00
Attachment C
Attachment C
Attachment C
Attachment C
FOR MnlDOT INTERNAL ACCOUNTING PURPOSES ONLY:
MUA Encumbrance: $
Mn/DOT Costs incurred under: MUA $
DB Contract $
Total To Date:
MUA $
Remaining MUA Balance: $
; and/or
; and/or DB Contract $
DIf the box to the left is checked and initialed by Mn/DOT, this Work Order will also function as a
Change Order pursuant to Book 1 of the Contract Documents. In that event certain Change Order
provisions will be attached, as Attachment A. However, Attachment A shall be between Mn/DOT and
the Contractor only, and the Utility Owner shall not be a party to or affected thereby.
I:8JIf the box to the left is checked and initialed by Mn/DOT, this Work Order will NOT function as a
Change Order pursuant to Book 1 of the Contract Documents.
THIS WORK ORDER ("Work Order") is entered into by and among Mn/DOT, the Utility Owner, and
the Contractor, to implement in part that certain Master Utility Agreement (MUA) identified as Mn/DOT
Agreement No. 86825, as the same may be amended from time to time. The information on the face
page(s) to which this Work Order is attached is a part of this Work Order.
UTILITY WORK TO BE DONE
MUA. This Work Order is issued to authorize the Utility Work described herein. The MUA and all of
the provisions thereof are incorporated into this Work Order by this reference. All attachments referenced
Exhibit E, Page 3 of 7
S.P. 1017-12 (TH 212)
Agreement Number 86825
in this Work Order are incorporated herein by such reference. All Utility Work shall be performed in
accordance with the requirements of the MUA, but this Work Order shall prevail to the extent of any
inconsistency between the provisions of this Work Order and the MUA.
Scope of Utility Work. The Utility Owner and the Contractor shall each perform the design and
construction work specified as their respective responsibility on the face page of this Work Order.
Schedule. Where the Utility Owner or the Contractor is responsible to perform the design work
described herein, the Utility Owner or the Contractor shall complete the design work described herein in
accordance with the schedule specified on the face page of this Work Order. Where the Utility Owner or
the Contractor is responsible to perform the construction work described herein, the Utility Owner or the
Contractor shall commence the construction work described herein only after approval of the Final
Design by the other party for such Utility Work as provided below. The Utility Owner or the Contractor
shall complete such construction work in accordance with the schedule specified on the face page of this
Work Order.
PERFORMANCE OF THE UTILITY WORK
Desi2n. The design to be furnished, whether by the Utility Owner or by the Contractor, pursuant to this
Work Order shall be substantially in accordance with the preliminary plan attached to this Work Order as
Attachment A, the specifications and standards attached to this Work Order as Attachment (See
Attachment A with Work Order WO-OOl for Standard Plates and Specifications), and shall be consistent
and compatible with the relevant Project Plans. All plans for the Utility Work are subject to review and
approval by the Utility Owner and by the Contractor, in accordance with the time frames and procedures
set forth in the MUA, as may be modified by the Work Order.
Construction. The construction to be performed pursuant to this Work Order, whether by the Utility
Owner or by the Contractor, shall be performed substantially in accordance with the final approved design
plans. Deviations from the final approved design plans may occur only in conformity with the MUA.
A. The Utility Owner may perform inspections of construction of any Utility Work that is
performed by the Contractor. The Utility Owner's designated inspector shall coordinate
with the Contractor in connection with any inspections.
B. Such inspection may be performed at any time during construction, and a final inspection
shall be performed no later than thirty Days (or other time period agreed to by the parties)
after completion of construction pursuant to the Work Order, and the Utility Owner shall
provide the Contractor with a signed Construction Acceptance Letter (Exhibit GO)) for
the completed Utility Work if it makes a conditional determination that the Utility Work
appears to meet the Technical Criteria/Performance Standards described herein or in the
Work Order executed for that Utility Work. The thi11y-Day time period (or other time
period agreed to by the parties) shall begin at the time the Contractor notifies the Utility
Owner, in writing, that the construction is completed. The Utility Owner shall have the
right to reject any construction Utility Work that does not appear to meet the Technical
Criteria/Performance Standards described herein or in the Work Order executed for that
Utility Work. If the Utility Owner rejects any construction Utility Work, the Utility
Owner shall immediately notify the Contractor, in writing, of its grounds for rejection
and suggestions for correcting the problem, and the Utility Owner shall re-review the
revised construction Utility Work no later than seven Days after its completion, unless a
different time period is expressly required in the Work Order for that Utility Work.
C. Where the Utility Owner performs the construction Utility Work, the Utility Owner shall
provide As-Built plans of the Utility Work performed by the Utility Owner to Mn/DOT
no later than ninety Days after receipt of a Construction Inspection Approval Letter from
the Contractor. Where the Contractor performs the construction Utility Work, the
Contractor shall provide As-Built plans of Utility Work performed by the Contractor to
Exhibit E, Page 4 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
Mn/DOT and the Utility Owner no later than ninety Days after receipt of a Construction
Inspection Acceptance Letter from the Utility Owner accepting the Utility Work.
Mn/DOT may withhold payments due to Contractor or the Utility Owner for failure to
timely provide the As-Built plans of Utility Work.
D. At the time Mn/DOT is conducting its final inspection review, or earlier if agreed to by
the parties, Mn/DOT and the Contractor shall give the Utility Owner in writing the
opportunity to conduct a final inspection of the Utility Work, and the Utility Owner shall
sign and provide to the Contractor within seven days of the inspection a Construction
Inspection Approval Letter (Exhibit G(3)) for the completed Utility Work after it
determines that the Utility Work meets the Technical Criteria/Performance Standards
described herein or in the Work Order executed for that Utility Work. As part of that
inspection, the Contractor shall provide the Utility Owner with a certification by a
Professional Engineer licensed in the State of Minnesota indicating that construction of
the Utility Work was performed in accordance with the requirements of the Work Order,
including the approved design.
E. The Utility Owner's inspection, acceptance and approval of the Utility Work shall not be
construed as a waiver by the Utility Owner of any claim the Utility Owner may have
under applicable law.
LIABILITY FOR UTILITY WORK
In accordance with the MUA, Mn/DOT and the Utility Owner shall each be responsible for the Utility
Relocation Costs specified on the face page of this Work Order (except for any Betterments as described
below, which shall be at 100% Utility Owner's expense).
COST ESTIMATE
The party responsible for the performance of the design and/or the construction (as applicable) of the
Utility Work authorized by this Work Order shall prepare a cost estimate for that Utility Work, whether
that Utility Work is to be performed on a lump sum or an actual cost basis, in accordance with the MUA.
Such estimates shall be attached and incorporated into this Work Order.
PRICE OF UTILITY WORK
Utility with Property Rights (Mn/DOT pays): Not applicable to this Work Order.
Utility located on Interstate Highway (Mn/DOT pays): Not Applicable to this Work Order.
Municipal Utility with Property Rights or first move (Mn/DOT pays): Not Applicable to this Work
Order.
Utility without Property Rights (Utility Owner pays): Not Applicable to this Work Order.
The amount stated above is an estimate of the Utility Work. Authorized expenditures and
reimbursements will be based on cost the terms of the MUA.
Exhibit E, Page 5 of 7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
QUITCLAIM DEED FOR PROPERTY RIGHTS
Not Applicable to this Work Order.
BILLING AND PAYMENT
Mn/DOT Responsibilitv for Payment: Billing and payment for Utility Work performed by Mn/DOT's
Design-Build Contractor and inspected by the Utility Owner shall be in accordance with the Design-Build
Contract. Billing and payment for Utility Work performed by the Utility Owner shall be in accordance
with the MUA.
Utility Owner's Responsibility for Payment: The parties have agreed that the actual cost for the Utility
Work is estimated to be (but shall not exceed) $191,398.00, based upon the attached cost estimate(s).
Billing and payment for Utility Work performed by MnlDOT's Design-Build Contractor, not including
inspection by the Utility Owner, shall be in accordance with the MUA.
Billing and payment for any Betterment Work shall be in accordance with the MUA.
BETTERMENT, RETIREMENT VALUE AND SALVAGE
The Utility Work includes Betterment to the Utility Owner's Facilities by reason of: Installation of the S
S-inch and IS-inch PVC sanitary trunk line along the East side of Powers Boulevard in the lump sum
amount of $191 ,39S.00.
The Utility Owner shall credit MnlDOT, for the actual Utility Relocation Costs of any Betterment,
salvage value, and retirement value on the facilities as required pursuant to the MUA.
Exhibit E, Page 6 of7
S.P. 1017-12 (T.H. 212)
Agreement Number 86825
EFFECTIVE DATE
This Work Order shall be effective as of the "Date" filled in by Mn/DOT on the face page of this Work
Order.
IN WITNESS WHEREOF, Mn/DOT, the Utility Owner, and the Contractor have executed this Work
Order as of the "Date" set forth on the face page of this Work Order.
Utility Owner: City of Chanhassen
By:
Print Name:
Title:
Contractor: Zumbro River Constructors
By:
Print Name:
Scott Risley
Title:
ZRC Project Manager
Mn/DOT:
By:
Print Name:
Jon Chiglo
Title:
TH212 Project Manager
State Encumbrance Verification
N/A, funds encumbered under Master Utility Agreement
Exhibit E, Page 7 of 7
Trade-In Value
I
2005 thru 2009 Contact
Department Sanitary Sewer Improvements I
Type Improvement
Useful Life I
Category Utilities
Priority nla
Total Project Cost $1,611,000 I
Capital Improvement Program
City ofChanhossen, MN
SS-005
Project #
Project Name Trunk Sanitary Sewer Extension
Description l
Trunk sewer extension BC 1-1, BC-2, BC-3 and LB-I as identified in the 1998 Comprehensive Sewer Plan. These extensions will serve the new development in the
Bluff Creek Lowlands neighborhood (2005 MUSA) and future development along Powers Boulevard and Pioneer Trail. Work will take place through the 212 I
design/build project and city let projects.
I
Justification I
lNeeded to provide service to developing areas. Improvements identified in the 2003 AUAR report, 2005 MUSA Feasibility Study and the 1998 Comprehensive II
Sewer Policy Plan.
I
Expenditures
Construction
2005
1,611,000
1,611,000
2006
2007
2008
2009
Total
1,611,000
1,611,000
II
Total
.
II
Funding Sources
Assessment Bonds
Sewer Utility Fund
2005
1,265,000
346,000
1,611,000
2006
2007
2008
2009
Total
1,265,000
346,000
1,611,000
II
Total
II
Operational Impact/Other
I
II
This project will increase maintenance costs.
II
II
II
II
98
Page 1 of 8
II
.'~ilix~..... ."
Capital Improvement Program
" City of Chanhassen, MN
2005 thru 2009
Contact
Project #
W-028
Department Water System Improvements
Type Improvement
Useful Life
Project Name Pressure Reducing Station 7
Trade-In Value
Category
Priority nla
Total Project Cost $45,000
Description I
Construction of a pressure reducing valve station along Powers Boulevard south of Lyman Boulevard.
Justification I
Identified in the 2003 Master Water Plan and the 1998 Comprehensive Water Supply Plan. Needed to control watermain pressure due to elevation changes.
Expenditures
Construction
2005
45,000
45,000
2006
2007
2008
2009
Total
45,000
45,000
Total
Funding Sources
Water Utility Fund
2005
45,000
45,000
2006
2007
2008
2009
Total
45,000
45,000
Total
Operational Impact/Other I
This project will increase maintenance costs.
149
Page 12 of 18
-
Trade-In Value
I
2005 thru 2009 Contact
I
Department Water System Improvements
Type Improvement
Useful Life I
Category Utilities
Priority nla
Total Project Cost $3,297,000 I
Capital Improvement Program
. City of Chanhossen, MN
W -029
Project #
Project Name Trunk Water Main Extension
Description I
Project provides for trunk watermain lines along Lyman Boulevard, Audubon Road Pioneer Trail, and Powers Boulevard in conjunction with the TH 212 project I
and the Bluff Creek Lowlands neighborhood development. (2005 MUSA)
As areas develop south of Lyman Boulevard, watermains will be extended to serve these areas. These watermains were identified in the 2003 Master Water Plan and
the 2005 MUSA Areas Expansion Feasibility Report.
Justification
1
Expenditures
Construction
2005
2,143,000
2,143,000
2006
1,154,000
1,154,000
2007
2008
2009
Total
3,297,000
3,297,000
Total
Funding Sources
Assessment Bonds
Water Utility Fund
2005
1,268,000
875,000
2,143,000
2006
1,017,000
137,000
1,154,000
2007
2008
2009
Total
2,285,000
1,012,000
3,297,000
Total
Operational Impact/Other 1
This project will increase operational costs.
,
.~
'l
~
~
150
p~"" 11 of 1 R
J