HomeMy WebLinkAbout6.q. MCES Construction Cooperation Agreement - Akron Avenue Trunk Utility and Railroad Improvements, City Project #417 4ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: February 6, 2008
AGENDA ITEM: MCES Construction Cooperation
Agreement Akron Avenue Trunk Utility and Railroad AGENDA SECTION:
Improvements, City Project #417 Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO. to y.
ATTACHMENTS: Agreement APPROVED BY: j
RECOMMENDED ACTION: Motion to Approve a Construction Cooperation Agrfinent
with Metropolitan Council Environmental Services for Improvements Included as Fart of the
Akron Avenue Trunk Utility Project and Authorize the Necessary Signatures.
ISSUE:
Improvements to the trunk Metropolitan Council Environmental Services (MCES) sanitary sewer line
have been included as a part of the Akron Avenue Trunk Utility and Railroad Improvements project (City
Project 417). Attached for Council consideration is a Construction Cooperation Agreement for the
Rosemount Interceptor Akron Avenue Leg MCES sewer outlining the City and MCES cost participation
for the work to be included in City Project 417.
BACKGROUND:
Improvements to the MCES Rosemount Interceptor Akron Avenue sewer line were originally requested
by the MCES to be a part of the County Road 73 Improvements project (City Project 399), however due
to delays in the roadway project, have been included as a part of the Akron Avenue Trunk Utility and
Railroad Improvements project (City Project 417). The MCES improvements are proposed to reduce
flows to the Rosemount Wastewater Treatment Plant, eventually allowing the MCES to fulfill their
planned objective of taking the Rosemount plant offline by diverting all flow to the Empire Wastewater
Treatment Plant. The City Attorney has reviewed the attached Construction Cooperation Agreement with
no comments or revisions.
SUMMARY:
Staff recommends Council approval of the attached Construction Cooperation Agreement with MCES
and authorize the necessary signatures for execution.
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CONSTRUCTION COOPERATION AGREEMENT
Rosemount Interceptor Akron Avenue Leg
THIS CONSTRUCTION COOPERATION AGREEMENT "Construction
Cooperation Agreement" or "Agreement made and entered into as of this
day of 2008, by and between the City of Rosemount, a municipal
corporation under the laws of the State of Minnesota (hereinafter referred to as
"Rosemount and the Metropolitan Council, a public corporation and political
subdivision of the State of Minnesota (hereinafter referred to as the "Council
WITNESSETH:
RECITALS
1. Rosemount has authorized construction of and intends to start construction of its
Akron Avenue Trunk Utility Improvements, City Project No. 417 on or about May 1,
2008, for purposes of this Agreement, the construction of aforementioned project by
Rosemount is referred to as the "Rosemount Project". The location of the Rosemount
Project is shown on Exhibit A, attached hereto and made a part hereof.
2. The Council, as part of its metropolitan wastewater treatment facilities,
proposes to construct a sanitary sewer interceptor in Rosemount to serve Rosemount to be
known as the Rosemount Interceptor, Akron Avenue Leg. For the purposes of this
Agreement the Rosemount Interceptor, Akron Avenue leg shall be hereinafter referred to
as the "Council Project The proposed interceptor is located as shown on Exhibit A and
is generally described as follows:
a. 24 -inch diameter gravity sewer, extending south from the MCES
interceptor 71 -12 to MCES interceptor 920830, a distance of
approximately 1300 feet.
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3. The Council has further determined that the Council could best utilize its
staff and financial resources by including the construction of the Council Project as part of
the Rosemount Project. Therefore the Council wants to have Rosemount perform the
necessary design and construction of the Council Project as part of the Rosemount Project.
4. The Council is authorized by Minnesota Statutes 473.504 to construct
any interceptor or treatment works determined to be necessary or convenient for the
collection and disposal of sewage in the metropolitan area and to contract with any local
government for the performance on Council's behalf of any service. The Council Project
is included in Council's 2006 Capital Improvement Plan.
5. The Council and Rosemount agree that each is authorized to enter into this
Agreement pursuant to Minnesota Statutes 471.59, Metropolitan Council Action No.
2006 -212 and Rosemount City Council Resolution dated and that said
work provisions will be carried out by the parties hereto as provided by this Agreement
under the provisions of Minnesota Statutes 471.59.
AGREEMENT
NOW, THEREFORE, for mutual valuable consideration, the sufficiency of
which has been agreed to by the parties, the Council and Rosemount agree as follows:
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I.
1. The purpose of this Agreement is to set forth the terms and conditions and
responsibilities of each of the Parties to this Agreement with respect to the design and
construction of the Council Project by Rosemount.
2. The Council hereby consents to and appoints Rosemount as its agent for
the design and the construction of the Council Project by Rosemount and to obtain bids for
the construction of the Council Project in accordance with the final construction
documents for the Council Project.
3. The Council shall provide to Rosemount design standards and design
criteria for interceptor sewer design and provide peer review during design.
II.
1. Rosemount will prepare and submit to the Council for the Council's review
and approval the final construction documents "Construction Documents which will
include plans, specifications, the bidding documents and a proposed schedule pertaining to
the Council Project and will be governed by Exhibit C attached hereto and made a part
hereof (hereinafter referred to as "Construction Documents The Council will not
unreasonably withhold approval of the final Construction Documents.
2. Evidence of the Council's written approval or consent pursuant to this
Section II will be a letter to Rosemount from the General Manager of the Council's
Environmental Services Division "MCES
III.
1. The Council in connection with the construction of the Council Project,
does hereby appoint Rosemount as its agent to prepare final Construction Documents, to
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advertise for bids for the work and construction of the Council Project, receive and open
bids, pursuant to said advertisement and enter into a contract with a successful bidder at
the unit prices specified in the bid of -such bidder, and to construct the Council Project in
accordance with the Construction Documents designated as the Council Project which
Construction Documents are a part of Rosemount's construction documents for its
Rosemount Project, all of which are on file with the City of Rosemount. Said
Construction Documents are made a part hereof with the same force and effect as though
fully set forth herein.
Attached hereto and made a part hereof as Exhibit "C" are selected detailed
plan sheets showing all aspects of the interceptor construction to be included in and
constructed as the Council Project.
2. Rosemount shall include in the bidding documents specific line items for
construction of the Council Project.
3. Rosemount will tabulate the bids and submit to the Council a
recommendation for selection of a bidder and award of contract. The Council shall have
seven (7) days to review the bids and either accept the bids and Rosemount's
recommendation for selection of a bidder and award of contract or to reject any or all bids
and Rosemount's recommendation for a bidder and award of contract. The Council shall
inform Rosemount in writing of its acceptance or rejection as provided in the previous
sentence. If the Council rejects any or all bids and/or Rosemount's recommended
selection of a bidder, the Council will provide to Rosemount, in writing, the reasons for
such rejection. Subsequent to rejection of the bids and/or award by the Council and if the
Council and Rosemount mutually agree, Rosemount may readvertise for bids. Prior to
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such readvertisement for bids, the Council may submit to Rosemount for inclusion in the
Construction Documents, changes in the Council Project which in the Council's opinion
may result in reasonable bids. Rosemount agrees to incorporate such changes into the
Construction Documents prior to readvertisement for bids for the Council Project.
Immediately upon opening the second set of bids, Rosemount and the Council shall follow
the procedure set forth in this paragraph with respect to tabulation of bids,
recommendation for selection of a bidder and acceptance or rejection of bidder by the
Council. If the Council again rejects any or all bids and/or the award recommended by
Rosemount, this contract shall become null and void. In the event this Agreement
becomes null and void in accordance with the terms of this Section 3, the Council shall
pay to Rosemount the design and administrative fees actually expended by Rosemount for
the Rosemount Project in accordance with the terms of this Agreement.
Iv.
Rosemount will administer the contract and inspect the construction of the contract
work which is governed by Exhibit C of this Agreement included in the Council Project
Rosemount will provide to the Council monthly construction reports indicating
construction progress and inspection results. The work will be inspected throughout the
Council's Project by the Council's authorized representative, but the Council's authorized
representative will not have responsibility for the supervision of the work. If the Council
reasonably determines that the work has not been properly constructed in accordance with
the Construction Documents, the Council through its authorized representative shall
inform Rosemount's Project Engineer in writing of such defects. The term "authorized
representative" means the person designated in writing by the General Manager of the
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Council's Environmental Services Division. Rosemount shall require its contractor to
make the corrections and/or meet the requirements of the Construction Documents
requested by the Council through its authorized representative. All work shall be
performed in substantial accordance with the approved Construction Documents.
Rosemount's Project Engineer will inform the Council in writing of completion of
construction of the Council Project. Within a reasonable time thereafter, the Council will
inform Rosemount in writing either that the Council Project as constructed conforms to
the Construction Documents approved by the Council or that the Council Project does not
conform to the approved Construction Documents. The Council will further inform
Rosemount of the specific reasons for non conformance to the Construction Documents
and what steps, in the opinion of the Council, must be taken by Rosemount to make the
Council Project conform to the Construction Documents. The final decision on
conformance of the Council Project to the Construction Documents will be made by the
Council. Evidence of acceptance of the Council Project will be in writing by letter from
the General Manager of the Council's Environmental Services Division. The Council will
not unreasonably withhold acceptance of the Council Project.
V.
Not less than seven (7) days prior to commencement of the Council Project by
Rosemount, Rosemount will give written notice to the Council of its intention to
commence construction, said notice to be directed as follows:
General Manager Environmental Services
Metropolitan Council
309 North Robert Street
St. Paul, MN 55101
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VL
Rosemount will submit any amendments to or material changes in the approved
Council Project final Construction Documents, including the construction schedule, to the
Council for review and approval, which approval will not be unreasonably withheld.
Such amendments to the approved final Construction Documents and/or changes in the
construction schedule must be submitted to the Council's project manager at least seven
(7) days prior to the implementation of such change. Rosemount agrees that it will not
proceed with amendment to or changes in the approved final Construction Documents or
construction schedule of the Council Project until the Council has consented to such
change in accordance with its procedures and has approved such change in writing as
evidenced by letter to Rosemount from the Council's authorized representative.
VII.
The Council shall reimburse Rosemount for the construction of the Council
Project. Upon acceptance of the Council Project by the Council in accordance with
Paragraph IV of this Agreement, the Council shall reimburse Rosemount for the
construction of the Council Project in the amount of the actual bid item for the Council
Project adjusted by any change orders in the final Council Project construction cost
"Final Council Project Construction Cost authorized pursuant to Paragraph VI of this
Agreement plus an engineering fee (Engineering Fee in the amount of 20% of the Final
Council Project Construction Cost. Attached hereto and made a part hereof as Exhibit B
is the estimated construction cost and engineering fee for the Council Project; specifically,
as of the date of this agreement the Final Council Project Construction Cost and the
Engineering Fee (20% of the Final Council Project Construction Cost) is estimated to be
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Four Hundred Ninety Seven Thousand Dollars (497,000.00) and Ninety Nine Thousand
Four Hundred Dollars ($99,400.00) respectively, totaling an estimated reimbursement by
the Council to Rosemount of Five Hundred Ninety Six Thousand Four Hundred Dollars
($596,400.00) for the Council Project. A Cost Sharing Breakdown Estimate of the
Council Project and the Rosemount Project is attached hereto and made a part hereof as
Exhibit D. The unit prices set forth in the contract with the successful bidder and the final
quantities as measured by Rosemount's engineer and its staff shall govern in computing
the total final contract construction cost apportioning the cost of said project according to
this paragraph and the percentage split as shown in Exhibit D. All direct payments to the
contractor for work performed on said project will be made by Rosemount.
VIII.
The Council will reimburse Rosemount in the amount provided in Paragraph VII
of this Agreement not more frequently than monthly based on invoices submitted by
Rosemount based on the progress of the Council Project and approval of the invoices by
the Council in accordance with the terms of this Agreement. At the completion of the
project, submittal to the Council of Rosemount's engineer's final estimate "Final
Estimate for the Council Project and an invoice showing the Council's final share in the
costs for the project, and evidence of payment by Rosemount to its contractor for the
Council Project. The Council shall have forty -five (45) days from the receipt of said
invoice to review and contest the amount due. The amount due shall be final, binding and
conclusive upon expiration of the aforesaid forty -five day examination period unless the
Council has contested the amount pursuant to this paragraph.
I I
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In the event the Rosemount's engineer or his staff determines the need to amend
the contract with a supplemental agreement or change order in accordance with Paragraph
IV of this Agreement which results in an increase in the contract amount, the Council
hereby agrees to remit the Council's share as documented in the supplemental agreement
or change order upon completion of the Council Project and acceptance of the Council
Project by Rosemount in accordance with the terms of this Agreement and submittal to the
Council of Rosemount's engineer's Final Estimate for the Council Project showing the
Council's final share in the supplemental agreement or change order.
IL
1. For purposes of construction of the Rosemount and Council Projects,
Rosemount may enter upon the property or property interests owned by the Council in
conjunction with construction of the Rosemount Project and the Council Project.
2. Council will obtain in accordance with the applicable provisions of the
State of Minnesota Uniform Real Property Acquisition and Relocation Act and will bear
all costs for obtaining all property rights, interests and easements, both temporary and
permanent, if any, for the Council Project and, except as provided below in this paragraph,
applicable permits necessary for the Council Project. To the greatest extent possible
Rosemount shall cooperate with Council in assisting Council in locating and obtaining
easements adjacent to city /county right -of -way.
3. Council shall apply for and secure necessary regulatory permits and
approvals for the Council Project, including the Minnesota Pollution Control Agency
("MPCA sewer extension permit and environmental review approval. Rosemount shall
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assist the Council in obtaining the MPCA sewer extension permit and environmental
review approval.
X.
Rosemount's engineer will prepare monthly progress reports as provided in
the approved final Construction Documents for the Council Project and will furnish a copy
to the Council's authorized representative.
XI.
All records kept by the Council and Rosemount with respect to the Council Project
shall be subject to examination by the representative of each party hereto. Upon
completion of the construction of the Council Project by Rosemount and acceptance of the
Project by the Council as provided in this Agreement, Rosemount shall provide the
Council a complete set of reproducible record drawings.
All data collected, created, received, maintained or disseminated for any purpose
by the activities of Rosemount and the 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 hereinafter adopted.
XII.
Upon completion of the construction of the Council Project and acceptance of the
Project by the Council pursuant to this Agreement, the Council Project and all associated
warranties and guarantees provided by the construction contractors and subcontractors
associated with the Council Project hall become the property of the Council. All
operation, maintenance, restoration, repair or replacement required for the Council
Project thereafter shall be performed by the Council.
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All employees of Rosemount and all other persons engaged by Rosemount in the
performance of any work or services required or provided for herein to be performed by
Rosemount shall not be considered employees of the Council, and that any and all claims
that may or might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so
engaged, and any and all claims made by any third parties as a consequence of any act or
omission on the part of said employees while so engaged, on any of the work or services
provided to be rendered herein, shall in no way be the obligation or responsibility of the
Council.
XIV.
Each party agrees that it will be responsible for its own acts and the results thereof
to the extent authorized by the law and shall not be responsible for the acts of the other
party and the results thereof. Rosemount's and the Council's liability is governed by the
provisions of Minnesota Statutes Chapter 466.
Rosemount and the Council each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance of self insurance pmgram
and have minimum coverage consistent with the liability limits contained in Minnesota
Statutes Chapter 466.
Rosemount further agrees that any contract let by Rosemount for the performance
of the Council Project as provided herein shall include clauses that will: 1) require the
contractor to defend, indemnify, and save harmless the Council, its officers, agents and
employees from claims, suits demands, damages, judgments, costs, interest, expenses,
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including, without limitation, reasonable attorney fees, witness fees, and disbursements
incurred in defense thereof arising out of or by reason of the negligence of said contractor,
its officers, employees, agents or subcontractors; 2) require the contractor to provide and
maintain insurance as required in the contract documents between Rosemount and the
contractor and to provide the Council, also as required in the contract documents between
Rosemount and the contractor, with Certificates of Insurance naming the 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.
XV.
It is understood and agreed that the entire Agreement between parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. The Background Recitals and all items
referred to in this Agreement are incorporated or attached and are deemed to be part of this
Agreement.
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 Agreement signed by the parties hereto.
'WI.
Applicable provisions of Minnesota State law, federal law and of any applicable
local ordinances shall be considered a part of this Agreement as though fully set forth
herein. Specifically, Rosemount agrees to comply with all federal, state and local
applicable laws and ordinances relating to nondiscrimination, affirmative action, public
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purchases, contracting employment, including worker's compensation and surety deposits
required for construction contracts.
XVII.
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 parties as a
waiver of a subsequent breach of the same by other parties.
XVIII.
The covenants of this Agreement shall be binding upon and inure to the benefit of
the parties hereto, their successors and assigns.
XIX.
This Agreement is entered into in and under the laws of the State of Minnesota and
shall be interpreted in accordance therewith.
XX.
Any notice of 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
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be sent certified mail or delivered in person to the other party addressed as follows:
METROPOLITAN COUNCIL ENVIRONMENT SERVICES
Attn: General Manager
390 North Robert Street
St. Paul, MN 55101
CITY OF ROSEMOUNT
Attn: City Engineer
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above
written.
CITY OF ROSEMOUNT
Approved as to Form:
By
Its Legal Counsel
METROPOLITAN COUNCIL
Approved as to Form:
By
Its Office of General Counsel
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EXHIBIT A
Location of Rosemount Project and Council Project
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EXHIBIT B
Engineer's Estimate
71 .yJa C ��..�'^i� �...:i:m�s L "r 6<. -.5 c- 1
MN/DOT Estimated Estimated Unit Estimated Total
Item No. Specification Description Unit Total Price Cost
No.
1 2451.609 (ie t.] Cal b r."iv ;a :I. CU YD 183 53.00 5549.00
2 2503.602 t Dt:•r. 'a• EACH 4 SI 200.00 54 00.00
3 2503.603 24" PVC PIPE SEWER. SDR 26 UN FT 1278 5200.00 5255 600.00
4 2503.603 30" PVC PIPE SEWER SDR 26 LIN FT 145 5225.00 53 625.00
5 2506.601 CONTROL STRUCTURE LUMP SUM 1 553 000.00 553 000.00
6 2506.602 CASTING ASSEMBLY SANITAR EACH 5 $500.00 52 00. r 1
7 2506.603 CONSTRUCT 48" DLA. SAN SEWER MANHOLE LIN FT 62 5350.00 521 700.00
8 2506.603 CONSTRUCT 72" DIA. SAN SEWER MANHOLE LIN FT 59.6 5550.00 532780.00
9 2511.515 S• YD 820 53.00 460.00
10 2573.502 SILT FENCE TYPE HEAVY DUTY UN FT 1000 S2.50 S 00.00
11 2575.501 SEEDING ACRE 0.90 51000.00 5900.00
12 2575.502 SEED MIXTURE 250 62 $3.00 5186.
13 2575.511 MULCH MATERIAL TYPE 1 TON 2 5100.00 5180.01
14 2575.519 DISK ANCHORING ACRE 0.90 5100.00 590.00
15 2575.532 COMMERCIAL PERT ANALYSIS 23 -0-23 POUND 177 50.60 5106.20
16 NA tiwa& ia wv• z• Z. U :#.�rieL•rr[•). lii LUMP SUM 1 54 0.00 54240.00
SUBTOTAL SCHEDULE B-4 MCES SANITARY SEWER IMPROVEMENTS 5414,200.00
20% CONTINGENCIES .r 11.00
SUBTOTAL SCHEDULE B-4 MCES SANITARY SEWER IMPROVEMENTS 5497 ,000.00
+20% En Ji eerie_ and Administration $99 11.00
TOTAL SCHEDULE B-4 MCES SANITARY SEWER IMPROVEMENTS $596 ,400.00
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EXHIBIT C
Detailed Plan Sheets
Detailed Plan Sheets are on file in the Office of Rosemount City Engineer, City of
Rosemount 2875 145th Street West, Rosemount, MN 55318 -1950, and Metropolitan
Council Environmental Services Division, 390 North Robert Street, St. Paul, MN 55101.
To be completed prior to execution by both parties.
a EXHIBIT D
Cost Share Breakdown Estimate
MN/DOT Estimated Estimated Unit Estimated Total
Item No. Specification Description Unit Total Price Cost
No.
0 2021301 MOBILIZATION LUMP SUM 1 530 400.00 S30 400.00
2 2105301 COMMON EXCAVATION CU YD 10 5750 575.00
3 2105.522 T s tv :O' WIll111111/111 CU YD 10 515.00 5150.00
4 2105.525 TOPSOIL BORROW CU YD 10 525.00 5250.00
5 2112.501 SUBGRADE PREPARATION ROAD STA 633 5200.00 51 700.00
6 2211.501 1:[sLtl:tx_e1. y wls ItrirYatirb`f:I TON 11500 511.00 512. 00.00
7 2563.601 TRAFFIC CONTROL itgalguA 1 510,000.00 510 000.00
8 2573.501 BALE CHECK EACH 400 57.00 S2 800.00
9 2573502 SILT FENC TYPE HEAVY DUTY LEN FT 2,000 52.50 55 000.00
10 2575301 SEEDING CL TOPSOIL, FERT, DISC ACRE 14.00 51 500.00 521 000.00
11 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 Y D 000 51.50 53 0.00
SUBTOTAL SCHEDULE A -I SURFACE IMPROVEMENTS 5211,875.00
TOTAL LENGTH OF PROJECT (FT) 6350
CITY PROJECT LENGTH (AFFECTING AKRON) (F1) 6223
MCES PROJECT LENGTH (AFFECIDNG AKRON) (FT) 12
CITY
MCES
CITY COST SHARE S207,640.00
MCES COST SHARE 00