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HomeMy WebLinkAboutItem 06.gOctober 1, 2015 0 Item No. CONSTRUCTION COOPERATION AGREEMENT WITH METROPOLITAN COUNCIL FOR SANITARY SEWER METER CONSTRUCTION October 5, 2015 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Construction Cooperation Agreement with the Metropolitan Council for sanitary sewer meter construction through the Pheasant Run of Lakeville development. Passage of this motion will establish Lakeville and Metropolitan Council project responsibilities and costs associated with the sanitary sewer meter improvements. Overview The Pheasant Run of Lakeville development includes the construction of a new sanitary sewer meter. An existing sanitary sewer meter (M642) located 1/a -mile north of the Lakeville/Farmington city limits will be abandoned and a new sanitary sewer meter will be constructed within the Pheasant Run of Lakeville development. The new sanitary sewer meter will be located at the Lakeville/Farmington city limits to measure each city's contributing sewer flow data. The Metropolitan Council will own and maintain the new sanitary sewer meter and is responsible for the project costs. The sanitary sewer meter construction is scheduled to begin in 2015. Attached is a Construction Cooperation Agreement (CCA) with the Metropolitan Council that identifies the project responsibilities and costs. The Metropolitan Council previously authorized execution of a CCA with the City. Primary Issues to Consider • What is the project financing? See attached response. Supporting Information • Staff analysis of primary issues • Construction Cooperation Agreement (Contract No. 151046) Zach ohnso City 'neer Financial Impact: None Budgeted: N/A Source: N/A Related Documents: Pheasant Run of Lakeville Development Contract Community Values: Good Value for Public Services Staff Analysis of Primary Issues • What is the project financing? The Metropolitan Council will reimburse Lakeville the costs associated with constructing the sanitary sewer meter improvements. Lakeville will subsequently pay the Pheasant Run of Lakeville Developer. The estimated cost of the sanitary meter construction improvements is $80,000. Metropolitan Council No. 15I046 CONSTRUCTION COOPERATION AGREEMENT FOR CONSTRUCTION OF METER M642 IN LAKEVILLE, MN THIS AGREEMENT is made and entered into this day of , 2015 by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, hereinafter referred to as "Council" and the City of Lakeville, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "City". BACKGROUND RECITALS 1. The Metropolitan Council and City desire to abandon an existing meter (M642), that is currently owned and operated by the Council, and relocate the meter (M642) ("Council Meter Project") approximately 1200 feet south of its current location. Council will provide the construction documents for the "Council Meter Project". 2. KJ Walk, "Developer", has applied to the City for Subdivision approval of property known as Pheasant Run of Lakeville, "Development" in Lakeville, abutting the Council Meter Project. 3. The term "Council's authorized representative (CAR)" means the person designated in writing by Council's General Manager of Metropolitan Council Environmental Services (MCES), as Council's authorized representative. 4. Council has included the Council Meter Project in their Capital Improvement Project and will share in the costs of the Council Meter Project as set forth herein. 5. Council and City will share project responsibilities and related activities as described in the following sections. 6. Pursuant to Minnesota Statutes, Section 473.504, subd. 12, Council is authorized to contract with any local government unit for the performance on Council's behalf of any service on such terms as may be agreed upon by the contracting parties. NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: AGREEMENT I. Purpose of Agreement 1 Metropolitan Council No. 15I046 1. If the Developer's proposed subdivision is approved by the City, City will then select a contractor using the procedures laid out in this Agreement and will enter into an agreement with the contractor to construct the Council Meter Project. If the proposed subdivision is not approved by the City then this agreement shall be null and void. 2. For purposes of this Agreement the scope of the Council Meter Project is as follows: • The abandonment of the existing meter M642. • Relocation and construction of the new M642 further South onto Outlot F, Pheasant Run of Lakeville, that includes the installation of a housing unit/shell and the installation of instrumentation in the housing unit/shell to be used by the Council for the measurement/collection of data regarding sewer flow. 3. The location of the Development and the Council Meter Project is shown on Exhibit A attached hereto and made a part hereof. II. Preliminary Design 1. The City is the lead agency for the preliminary design documents, including but not limited to plan sheets for the sanitary sewer pipe other utilities and grading plans for the Development, consistent with Council and City design standards. Council and City shall approve the preliminary design document in a timely manner and will not unreasonably withhold acceptance of the preliminary design document. 2. The preliminary design documents reviewed and approved by Council are shown in Exhibit D of this agreement. III. Construction Documents/ Quote Process 1. The Council will prepare the final construction documents for the Council Meter Project which includes plans and specifications for the Council Meter Project ("Council Meter Project Construction Documents"). The final Council Meter Project Construction Documents will be in accordance with the Preliminary Design Document. 2. The City will obtain quotes from 3 of the contractors listed on the Council Pre- qualified Contractor list (as discussed in Section V) for the Council Meter Project and the quotes must be based on Council Meter Project Construction Documents. The City will then select the contractor that provided the lowest priced quote for the Council Meter Project and enter into a contract with the contractor. 3. A draft of the Council Meter Project Construction Documents are shown in Exhibit C of this agreement. 2 Metropolitan Council No. 15I046 IV. Easements and Permits 1. City, at its sole expense, shall acquire all permanent and temporary permits, easements and property interests necessary for the Council Meter Project. 2. Before the lapse of any temporary easement, and not more than a year after the completion of the Council Meter Project, the City, at its sole expense, shall acquire a permanent easement for the Council's Meter. City will then transfer the easement to the Council, at no cost to the Council. 3. Council is responsible for obtaining the Minnesota Pollution Control Agency "MPCA" permit, and all associated costs, for the Council Meter Project. 4. City is responsible for obtaining all other permits associated with the construction of the Council Meter Project. V. PRE -QUALIFIED CONTRACTOR 1. The Council has prepared a list of contractors that have been prequalified by the Council to do the specific type of work that is necessary for the completion of Council's Meter Project, this list is attached as Exhibit F. The City must obtain quotes from three of these contractors and then must select the contractor that provided the lowest priced quote to perform all work on the Council's Meter Project. The City must enter into a contract with the selected contractor to perform the work necessary to complete the Council Meter Project. VI. Construction and Contract Administration 1. The Council will administer the Council Meter Project contract. The Council will provide construction field services for the contract work included in the Council Meter Project. 2. The City will submit to Council's authorized representative (CAR) and Council shall review, all shop drawings covering the work for Council's Meter Project. Council will report its review comments in written form to the City Engineer, or a designated representative, within 7 calendar days. The Council is responsible for approving the Council Meter Project shop drawings for conformance and compatibility with Council Meter Project Construction Documents. 3. The Council will perform, direct, and supervise all construction and contract administration and inspection required to complete the Council Meter Project. All work performed by the contractor for the Council Meter Project shall be performed in accordance with the Council Meter Project Construction Documents provided by Council. 3 Metropolitan Council No. 15I046 4. The Council Meter Project will be inspected by Council's (CAR).Council through its CAR will notify the City immediately of the contractor's failure to comply with the Council Meter Project Construction Documents during the performance of the Council Meter Project work. Council will further inform the City of the specific reasons for non-conformance to the Council Meter Project Construction Documents and what steps, in the opinion of Council, must be taken by the City to make Council's Meter Project conform to the Council Meter Project Construction Documents. The Council will direct the contractor to take necessary steps to insure that the construction is in accordance with the Council Meter Project Construction Documents and that Council's Meter Project becomes fully operational. The City will take all necessary steps to ensure that any direction given to contractor by the Council is followed. 5. If Council reasonably determines that the work of the Council Meter Project has not been constructed substantially in accordance with the final Council Meter Project Construction Documents, Council through its authorized representative shall inform the City of such defects within five (5) working days. Council will further inform the City of the specific reason or reasons for non-conformance with the Council Meter Project Construction Documents and the actions, in the opinion of Council, which must be taken to make the Council Meter Project conform to the Council Meter Project Construction Documents and become fully operational. The City shall require its contractor to make the corrections necessary to meet the requirements of the Council Meter Project Construction Documents requested by Council. The City will inform Council in writing of completion of construction of the Council Meter Project. Within five (5) working days of receiving written notice, Council will inform City whether the Council Meter Project as constructed conforms to the Council Meter Project Construction Documents and is fully operational. Council's authorized representative shall participate in any substantial completion, inspection of the Council Meter Project and provide the City with a punch list within seven (7) calendar days of any substantial completion inspection of any items that the Council determines need to be addressed before the Council Meter Project is deemed to be completed. Council has the exclusive right to determine whether the contractor has satisfactorily performed the Council Meter Project in conformance with the Council Meter Project Construction Documents. 6. Council shall have the right to review any change in the plans and specifications as they relate to cost participation set forth in Section VIII. Council designated representative shall have the right to approve any change orders or supplemental agreements prepared by the City that affect the Council share of the construction cost. 7. After 10 days written notice to the City, Council may require City to make reasonable changes to or reasonable modifications in the scope of the Council Meter Project. City hereby agrees to direct the contractor(s) to construct said reasonable modifications or changes. Council will be responsible for costs of said changes and modifications. 8. During construction of the Council Meter Project, there will be no interruptions in the sanitary sewer transport system that will affect the Council billing process and procedures without written consent of the Council. G, Metropolitan Council No. 15I046 9. The Council's CAR shall have the right to field verify the elevations of the gravity pipe prior to backfilling by the City. If it is determined by the Council that the elevations of the gravity pipes impact the functionality of the Council's meter, the City must ensure that the elevations are changed in order to match the Council and City approved plans. VII. Entry Onto Easements 1. The City hereby grants to Council the right to enter onto its property and any easements and right-of-way that it may have obtained for construction of the Council Meter Project for the purpose of Council fulfilling its obligations under this Agreement. 2. Council hereby grants to the City the right to enter onto its property and any easements and right-of-way that it may have obtained for the Council Meter Project for the purpose of the City fulfilling its obligations under this Agreement. VIII. Cost Participation 1. Council shall reimburse the City its share of the Council Meter Project. An estimated itemization of reimbursement of the construction costs for each party is set forth in Exhibit B attached hereto and made a part hereof. The Council's fiscal contribution for the Council Meter Project, including administrative costs, shall not exceed $80,000. Council's costs shall be limited to the installation of the meter instrumentation and RTU Cabinet as specified in Exhibit A, as well as contract administration costs directly attributable to the Council Meter Project. 2. All direct payments to the City's contractor for work performed on the Council Meter Project will be made by the City. IX. Payment and Record Drawings I . The City shall, when a construction contract is awarded, prepare a revised Exhibit B, which shall have the final construction costs and which shall be in accordance with the quote. The new Exhibit B shall be substituted for the Exhibit B attached to this Agreement without the need for an amendment to this Agreement based on the final actual, reasonable, and verifiable design costs and contract unit prices. The City shall submit a copy to Council. Within thirty (30) days of submission of the revised Exhibit B to Council the Council shall pay to the City 25% of the construction costs all as shown in Exhibit B. 2. During construction the Council shall reimburse the City for the Council Meter Project based upon monthly invoices submitted by the City, which shall include a progress report and payment claim. Council shall reimburse City within thirty (30) calendar days of receipt of the invoice. G Metropolitan Council No. 15I046 3. Upon substantial completion of the work, the City shall prepare an updated cost participation breakdown showing actual, reasonable and verifiable construction costs that will be based upon the contract unit prices and the actual units of work performed and submit a copy to Council. The administrative costs to be paid to the City by Council shall be based on this estimated final construction cost. The City shall add to Council's final construction costs, the construction administrative costs, the costs of supplemental agreements, if any, and deduct Council funds previously advanced for the project by Council. Council agrees to pay to the City any amounts due, if more that the amount of the total of the partial payments made by Council pursuant to Section IX of this Agreement. Council shall make such payment within 30 days of receipt of the invoice from the City. 4. In the event the calculations show that Council has advanced funds in greater amount than is due the City, the City shall refund without interest the amount to Council. 5. Payment by Council as provided above in this Section shall be adjusted by any change orders approved by Council as provided in this Agreement. 6. Upon completion of the construction of the Council Meter Project by the City and acceptance of the Council Meter Project by Council in accordance with the terms of this Agreement or a decision by Council that the Council Meter Project conforms to the Construction Documents, the City shall provide to Council (i) any documents associated with the Council Meter Project that the Council requests and that the City has possession or control over and (ii) deliver copies of and assign to Council any warranties of labor or materials for the Council Meter Project. X. Ownership/Maintenance 1. Upon completion of the construction of the Council Meter Project and acceptance of the Council Meter Project by Council pursuant to this Agreement, the Council Meter Project shall become property of the Council and all associated warranties and guarantees provided by the construction contractors and subcontractors associated with the Council Meter Project shall become the property of Council. 2. Upon Council becoming the owner of the Council Meter Project, Council will be responsible for operation and maintenance of the Council Meter Project including the connection structure. The City will own and be responsible for the gravity pipes, up to and after the meter structure as shown in Exhibit A. The Council shall grant the City periodic access to the Council connection structure for operational purposes. XI. Liability 1. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The City's and Council's liability is governed by the provisions of Minnesota Metropolitan Council No. 15I046 Statutes, Chapter 466. 2. The City and Council each warrant that they have an insurance or self-insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes, Chapter 466. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability for which the City and Council are entitled. 3. The City further agrees that any construction contract let by the City for the performance of Council's Council Meter Project as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and save harmless Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to provide and maintain insurance as provided on Exhibit C naming Council as additional insured; and 3) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. XII. General Provisions 1. All records kept by the City and Council with respect to the Council Meter Project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and Council pursuant to this Agreement shall be governed by Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 2. Applicable provisions of Minnesota State law or federal shall be considered a part of this Agreement as though fully set forth herein. Specifically, the City agrees to comply with all federal, state and local applicable laws and ordinances applicable to and binding upon the City relating to nondiscrimination, affirmative action, public purchases, contracting, employment, including workers' compensation and surety deposits required for construction contracts. The City agrees to request payment of state labor wage information from its contractor and provide such information to Council, if requested by Council. The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of the City shall be considered a part of this Agreement as though fully set forth herein. The City agrees to comply with the requirements of the Public Contractor Performance and Payment Bond Act (Minnesota Statutes 574.26 to 574.32). 3. Any and all employees of each of the respective parties hereto, and all other persons engaged by each respective party in the performance of any work or services required or provided herein to be performed by the respective party shall not be considered employees of any of the other parties hereto, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties 7 Metropolitan Council No. 15I046 as a consequence of any act or omission of the part of said employees while so engaged , on any work or services provided to be rendered herein, shall in no way be the obligation or responsibility of other respective party hereto. 4. With respect to the Council Meter Project, if hazardous wastes, pollutants or contaminants as those terms are defined under any federal, State of Minnesota or local statute, ordinance, code or regulation exist on the project site and to the extent that any such environmental conditions are found that will require any response or remedial action, monitoring or reporting requirements under any local, State of Minnesota or federal law, the City shall utilize its best efforts to secure compliance of such response, remedial action, monitoring and reporting requirements and shall apply for and shall have the Council named as beneficiary in any and all no association letters, no action/no further action letters and other environmental regulatory assurances required for or applicable to the site. The City will provide to the Council copies of Phase I and Phase II environmental investigations, the approved Response Action Plan, and the environmental assurance letters naming the Council as beneficiary. Nothing in this paragraph shall be deemed to require that the City accept responsibility for any environmental conditions that would not be the City's responsibility under applicable law. The provisions of this paragraph shall survive the termination of this Agreement. 5. In order to coordinate the services of the City with the activities of Council so as to accomplish the purposes of this Agreement, the City Engineer, or a designated representative, shall manage this Agreement on behalf of the City and serve as liaison between the City and Council. 6. In order to coordinate the services of Council with the activities of the City so as to accomplish the purposes of this Agreement, the Council shall designate an individual(s) to manage this Agreement on behalf of Council and serve as liaison between Council and the City. 7. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 8. The Background Recitals are incorporated herein and are hereby made a part of this Agreement. 9. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 10. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Metropolitan Council No. 15I046 Agreement signed by the parties hereto. 11. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. This Agreement is not intended to for the benefit of any third -party. 12. This contract is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent (i) certified mail, (ii) by e-mail, provided that the recipient of such notice acknowledges receipt by e-mail or otherwise in writing, or (iii) delivered in person to the other party addressed as follows: General Manager Metropolitan Council Environmental Services 390 Robert Street North St. Paul, MN 55101-1805 Leisa.thompson@metc.state.mn.us City of Lakeville 20195 Holyoke Avenue c/o City Engineer Lakeville, MN 14. As required by Minnesota Statutes section 16C.05, the records, books, documents, and accounting procedures and practices of the City and of any subcontractor relating to services performed under this contract shall be subject to audit and examination by the Council and the Minnesota Legislative Auditor or Minnesota State Auditor. Upon reasonable advance notice, the City shall permit the Council or its designee to inspect, copy. and audit its accounts, records, and business documents at any time during regular business hours, as they may relate to the performance of this contract. 15. Neither party will be responsible to the other for a failure to perform or a delay in performance under this Agreement, if some failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. 16. Except as otherwise set forth herein, the Agreement may be terminated by the mutual agreement of the parties. [The remainder of this page is intentionally blank.] 7 Metropolitan Council No. 15I046 IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written METROPOLITAN COUNCIL, A public corporation and political subdivision of the State of Minnesota By: Its: Leisa Thompson, General Manager of Environmental Services Date: CITY OF LAKEVILLE A municipal corporation of the State of Minnesota By: Its: Matt Little, Mayor Date: and City Clerk Date: RECOMMENDED FOR APPROVAL: By: City Engineer Date: 10 LIST OF EXHIBITS Exhibit A - Project Map Exhibit B - Council Meter Project Itemized List Exhibit C — Council Meter Project Construction Documents Exhibit D — City Project Documents Exhibit E - Contractor Insurance Certificate (to be included when construction contract is awarded) Exhibit F - Council's Pre -qualified Contractor List Exhibit A Project Map 1 moo.Qy o m i��d� ♦ �IIII—Y L__ OVO'd BONN 1O11d �� lF 0 a new w x F0 _ 3NV13O1113 z i M 3 o a 3AV A13 � W ~ O ��wiw ww Z. 3fIN3AV W Oar SL39W3 o 0 WONm¢ � d ow�i aai3a woad_ - raw�3 'MINnOOH108L e s I � L 11Vtl101Vi13W3 F� 1IV2r113aIdW3 0 a new w x F0 _ � W ~ O ��wiw ww w W Oar hf 0 WONm¢ � d ow�i aai3a woad_ - raw�3 Exhibit B Council Meter Project Itemized List Exhibit B — Council Meter Project Itemized List Sr. No. Item Quantity Unit Responsibility City Council 1 Meter Vault W/Flume 1 LS X 2 Grab Bar (4/001) and Davit Receptacle 1 LS X 3 Asphalt Parking Stall 1 LS X 4 Concrete Sidewalk 1 LS X 5 Mobilization, Clearing and Grubbing 1 LS X 6 Temporary Conveyance 1 LS X 7 Demolition of Existing Meter M642 1 LS X 8 Electrical Service and Transformer 1 LS X 9 RTU Cabinet, Conduit, Bubbler Tubing 1 LS X 10 New Pipe and MHs Upstream and Downstream of New M642 1 LS X 11 Site Grading 1 LS X 12 Permanent Easement 1 LS X Exhibit C Council Meter Project Construction Documents Exhibit D City Project Documents \ / -_ | ) j \ \ j � j \ / \ � z �\ � \ �\ /\ � O { \ ! 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Z mw��s u..r w iM1 � �t N JZ QLLY LL C W LLJ- _ n N ` mw��s u..r w iM1 R a I a� V I zxw R mw��s u..r w iM1 R I a� W O o t_ 4- � � I og I at` v I 1 a ; e„ a -gym � c • �e z 60 m E Exhibit E Contractor Insurance Certificate (to be included when construction contract is awareded) Exhibit F Council's Pre -qualified Contractor List METER INSTALLATION Engineering and Construction Innovations, Inc. Robb Johnson 7012 6t' Street North, Oakdale, MN 55128 651-298-9111 robb eandci.co Geislinger and Sons, Inc. Jeff Geislinger 511 Central Avenue, S., P.O. Box 437, Watkins, MN 55389 320-764-2006 jeff2geislingerandsons.com Lametti & Sons, Inc. Dan Banken 16028 Forest Blvd., N., P.O. Box 477, Hugo, MN 55038 651-426-1380 danb lametti.com Minger Construction, Inc. Luke Minger P.O. Box 236, Chanhassen, MN 55317 952-368-9200 lukem min erconst.com Municipal Builders John Wegner 17125 Roanoke Street, NW, Andover, MN 55304 763-421-8790 john2l mbi.com PCiRoads Nap Scott 1412342 nd Street, St. Michael, MN 55376 763-497-6100 nscott ciroads.com Rice Lake Construction Wade Leonard P.O. Box 517,22360 County Road 12, Deerwood, MN 56444 218-546-5519 Wade leonard ricelake.or