HomeMy WebLinkAboutItem 06.eo
Date: 2 February 2015 Item No.
APPROVE AN AMENDMENT TO THE JOINT POWERS AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Proposed Action
Staff recommends adoption of the following motion: Move to approve an amendment to the
Joint Powers Agreement with the Minnesota Department of Natural Resources regarding the
installation of a monitoring well at Well No. 3.
Overview
On November 17, 2014, the City of Lakeville entered into a Joint Powers Agreement and an
Agreement for Installation, Maintenance and Use of Two Test Holes or Water Level
Observation Wells on Private or Public Land with the Minnesota Department of Natural
Resources (DNR) so that the DNR could install a monitoring well at the City of Lakeville's Well
No. 3 site. The DNR is interested in determining if there is any relationship between the
pumping of area wells and the elevation of water flowing through nearby South Creek.
The Joint Powers Agreement was originally established so that the DNR would reimburse the
City of Lakeville for the costs associated with the installation of a hydrant that would be used
to flush the well water line in conjunction with the test. City Staff is also requesting
reimbursement for the electricity that will be used to run Well No. 3 during the DNR's test.
Based on past usage and winter consumption rates, the City and the DNR have estimated the
costs associated with running Well No. 3 during the DNR's one-week test will be
approximately $3,100. The amendment to the Joint Powers Agreement will provide for
reimbursement up to $3,100.
Primary Issues to Consider
• What impacts will this monitoring well have on the operation of Well No. 3? The
aquifer test will not impact the operation of Well No. 3. The test will be conducted
over a one-week period this February. Well No. 3 is typically not in use at this time of
year.
Supporting Information
• The original Joint Powers Agreement for the installation of a hydrant at Well No. 3.
• The amendment to the Joint Powers Agreement with the Minnesota Department of
Natural Resources.
CPQ
Monica Heil
Operations and Maintenance Engineer
Financial Impact: None Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Source:
AMENDMENT COVER SHEET
STANDARD AMENDMENTS
(Minn. Stat. §§ 16C.05, subd. 2(c), 16C.08, subd. 2 and 3)
Instructions:
1. Complete this form for contract amendments that extend the end date of a contract, add/reduce work and money,
or change any other term or condition of the contract.
2. Attach this form to the amendment when it is presented to the Department of Administration for approval. Please
always include copies of the original certification form, the original contract, and any previous
amendments as these are used for reference.
3. Make sure that you are using the updated amendment template where the State Agency signature block reaffirms
applicable sections of 16C.08, subdivisions 2 and 3.
4. Admin will retain this cover sheet for its files.
Agency: Department of Natural Resources
Name of Contractor: City of Lakeville
Current contract term: October 27, 2014-
December 31, 2014
Project Identification: Joint Powers Agreement
contract SWIFT # 85452, Lakeville #3 aquifer test
Amendments to contracts must entail tasks that are substantially similar to those in the original contract or involve tasks that
are so closely related to the original contract that it would be impracticable for a different contractor to perform the work.
The commissioner or an agency official to whom the commissioner has delegated contracting authority under section 16C. 03,
subdivision 16, must determine that an amendment would serve the Interest of the state better than a new contract and would
cost no more. An amendment should be in effect before the contract expires.
Complete Appropriate Box(es) for the amendment submitted.
11. 'X Amendment to the end date of the contract
Why is it necessary to amend the end date?
Additional work and associated costs were identified in the plans to utilize the City's municipal well in an
aquifer test.
2. X Amend Duties and Cost ❑ Amend Duties Only
2a. If cost is amended, insert amount of original contract AND amount of each amendment below:
Original: $15,500
Amendment: $3,100
2b. Describe the amendment:
The initial contract was set up to install a hydrant for use in an aquifer test. The aquifer test will also
require a significant amount of electricity used by the City, which was not account for in the initial
contract. The amendment will compensate the City for the electricity used in this aquifer test
3. ❑ Amendment to change other terms and conditions of the contract
DescriUe the changes that are being made:
Rev. 7/1l
Contract Start Date:
10/27/2014
Total Contract Amount:
$18,600
Original Contract Expiration Date:
12/31/2014
Original Contract:
$15,500
Current Contract Expiration Date:
[IF APPLICABLE]
Previous Amendment(s) Total:
$0
Requested Contract Expiration Date:
2/26/2015
This Amendment:
$3,100
This amendment is by and between the State of Minnesota, through its Commissioner of Department of Natural
Resources] ("State') and The City of Lakeville, 18400 Ipava Ave, Lakeville, MN 55044 ("Governmental Unit")..
Recitals
1. The State has a contract with the Governmental Unit identified as Swift Contract No. 0000000000000000000085452
("Original Contract") to provide labor and equipment to install a Wet TAP Hydrant for use in the execution of an aquifer
test conducted by the Minnesota DNR
2. Additional work and associated costs were identified in the plans to utilize the City's municipal well in an aquifer test. It
was realized that the pumping of the City's well by the DNR would consume enough electricity that the City would not
have spent had the DNR not asked to run this aquifer test
3. The State and the Governmental Unit are willing to amend the Original Contract as stated below.
Contract Amendment
In this Amendment, changes to pre-existing Contract language will use strike through for deletions and underlining for
insertions.
REVISION 1. "Recital" Under Minnesota Statute 471.59, subdivision 10, the State Is empowered to engage such
assistance as deemed necessary. The State is in need of an observation well for the South Creek aquifer test
preparation. The plumbing from Lakeville municipal well #3 needs to be modified so that the well can be utilized
in an aquifer test. In utilizing this well In an aquifer test the DNR will need to reimburse the City of Lakeville for
REVISION 2. Clause 1. "Term of Agreement", 1.2 Expiration Date is amended as follows:
1.2 Expiration date; Desembep 31, 2044, February 26 2015 or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
REVISION 3. Clause 2. "Agreement between the Parties" is amended to add:
The City of Lakeville will furnish all labor, equipment and material to install 10" X 6" Wet TAP with 6" valve and
valve box, 20 ft. of 6" DIP, 1 -Fire Hydrant with miscellaneous material, includes trench box charge, compaction,
5ft. X1 Oft sidewalk removal (1 -load out) and sidewalk replacement, Level and Seeding with Mulch. "SEE
EXHIBIT A, WHICH IS ATTACHED AND INCORPORATED INTO THIS AGREEMENT". Additionally, the City of
Lakeville will require reimbursement for electricity used during the aquifer test
REVISION 3. Clause 3 "Payment" is amended as follows
The State agrees to pay the Governmental Unit fifteen thousandfivehi n�4Og) eighteen
thousand six hundred dollars. ($18,600.00) for the work outlined above and in Exhibit B, attached and
incorporated into this agreement. Invoices will be submitted to the State's Authorized Representative upon
completion of the project.
The total obligation of the State under this agreement will not exceed $15.500.08 $18,600.00
The Original Contract and any previous amendments are incorporated into this amendment by reference.
Rev. 7/11
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
dlred*b Mlnn. Stat. §§16A,15 and 16C.0
Signed:
Date:
SWIFT Contract No. 85452. PO 30-67438
2. GOVERNMENTAL UNIT
The Governmental Unit certifies that the appropriate person(s) have
executed the contract on behalf of the Governmental Unit as required
by applicable articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
Rev. 7/11
3. STATE AGENCY
Individual certifies the applicable provisions of Minn. Stat.
§16C.06, subdivisions 2 and 3 are reaffirmed.
By:
(with delegated authority)
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By:
Date:
01et6bution:
Agency
Governmental Unit
State's Authorized Representative • Photo Copy
Joint Powers Agreement
State of Minnesota
SWIFT Contract No.: 0000000000000000000085452
This agreement is between the State of Minnesota, acting through Minnesota Department of Natural
Resources, Division of Ecological and Water Resources ("State") and The City of Lakeville, 18400 Ipava
Ave, Lakeville, MN. 55044 ("Governmental Unit").
Recitals
Under Minnesota Statute § 471.59, subdivision 10, the State is empowered to engage such assistance
as deemed necessary. The State is in need of an observation well for the South Creek aquifer test
preparation. The plumbing from Lakeville municipal well #3 needs to be modified so that the well can be
utilized in an aquifer test.
ent
1 Term of Agreement
1.1 Effective date: October 27, 2014, or the date the State obtains all required signatures under
Minnesota Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: December 31, 2014, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
2 Agreement between the Parties
The City of Lakeville will furnish all labor, equipment and material to install 10" X 6" Wet TAP with 6"
valve and valve box, 20 ft. of 6" DIP, 1 -Fire Hydrant with miscellaneous material, includes trench box
charge, compaction, 5 ft. x 10ft sidewalk removal (1 -load out) and sidewalk replacement, Level and
Seeding with Mulch. "SEE EXHIBIT A, WHICH IS ATTACHED AND INCORPORATED INTO THIS
AGREEMENT."
3 Payment
The State agrees to pay the Governmental Unit, fifteen thousand five hundred dollars, ($15,500.00)
for the work outlined above and in attachment A. Invoices will be submitted to the State's Authorized
Representative upon completion of the project.
The total obligation of the State under this agreement will not exceed $15,500.00.
4 Authorized Representatives
The State's Authorized Representative is Jeremy Rivord, Hydrologist 3, 325 Randolph Ave, St. Paul,
MN. 55102, or his/her successor.
The Governmental Unit's Authorized Representative is Chris Petree, City of Lakeville, 18400 Ipava
Ave, Lakeville, MN. 55044 or his/her successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations
under this agreement without the prior consent of the State and a fully executed Assignment
Agreement, executed and approved by the same parties who executed and approved this
agreement, or their successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and approved the
original agreement, or their successors in office.
5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive
the provision or its right to enforce it
5.4 Contract Complete. This agreement contains all negotiations and agreements between the
State and the Governmental Unit. No other understanding regarding this agreement, whether
written or oral, may be used to bind either party,
6 Indemnification
Each parry is responsible for its own acts, omissions and the results thereof to the extent authorized
by law and will not be responsible for the acts and omissions of others and the results thereof. Minn.
Stat. § 3.736 and other applicable law govern liability of the State. Minn. Stat. Chapter 466 and other
applicable law govern liability of Lakeville. The limits of liability for the parties may not be added
together to determine the maximum amount of liability for either party.
7 State Audits
Under Minnesota Statute § 16C.05, subdivision 5, the Governmental Unit's books, records,
documents, and accounting procedures and practices relevant to this agreement are subject to
examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six years from the end of this agreement.
8 Government Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Practices Act,
Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as
it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Governmental Unit under this agreement. The civil remedies of Minnesota Statute § 13.08 apply to
the release of the data referred to in this clause by either the Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause, the
Governmental Unit must immediately notify the State. The State will give the Governmental Unit
instructions concerning the release of the data to the requesting party before the data is released.
9 Venue
Venue for all legal proceedings out of this agreement, or Its breach, must be in the appropriate state
or federal court with competent jurisdiction in Ramsey County, Minnesota.
10 Termination
10.1 Termination. The State or the Governmental Unit may terminate this agreement at anytime,
with or without cause, upon 30 days' written notice to the other party.
10.2 Termination forinsufficient Funding. The State may immediately terminate this agreement if
it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to
pay for any services that are provided after notice and effective date of termination. However, the
Governmental Unit will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that funds are available. The State will not be assessed any
penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the
lack of funding within a reasonable time of the State's receiving that notice.
11 E -Verify Certification (In accordance with Minn. Stat. §16C.075)
For services valued in excess of $50,000, Contractor certifies that as of the date of services
performed on behalf of the State, Contractor and all its subcontractors will have implemented or be in
the process of implementing the federal E -Verify program for all newly hired employees in the United
States who will perform work on behalf of the State. Contractor is responsible for collecting all
subcontractor certifications and may do so utilizing the E -Verify Subcontractor Certification Form
available at htto://www.mmd.admin.state.mn.us/doc/EvedfvSubCertForm.doc. All subcontractor
certifications must be kept on file with Contractor and made available to the State upon request.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minnesota Statute § 6A.15 and ,05.
Signe
Date: 10/27/2014 J,
SWIFT PO ID# 30-67738
2. GOVERNMENTAL UNIT
By:
Title:
Date:
By:
Title:
Date:
Distribution:
Agency
Governmental Unit
State's Authorized Representative
3. STATE AGENCY
By:
(with delegated authority)
4. COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
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