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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. G: \ENGPROJ \417 \MCESJPACC2- 6- 08.4oc 1/28/08 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. -1- 1/28/08 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: -2- 1/28/08 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 -3- 1/28/08 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 -4- 1/28/08 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 -5- 1/28/08 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 6- 1/28/08 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 -7- 1/28/08 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 -8- i 1/28/08 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 -9- 1/28/08 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. 10- 1/28/08 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, 11 1/28/08 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 -12- 1/28/08 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 13 1/28/08 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 14- 1/28/08 EXHIBIT A Location of Rosemount Project and Council Project v R 1 K 1 al L i E co N ff p] Y Y 7 N n~'CJi a 333 N 0. UJ •g H N N a. �,..0 7. f" I/ r 1 y W N I 1 o a. a. f ii ot M a o l af Vl 3 133ULS HIM L II p if li ce 1 ix re ca 1 1 igi g ii L i z 11 win i o 0 0 0 o x� I 1 g i ill 1 I r ill a 1 iii i I i g j il A it la �r f �lulrw c�LlAt p� co IMF 64 6)f 111111. Z 411. J l�f rT- x faiumm wmaaair ----2-7--- lt. A F B Mil Z ff,I awe. iii Immi 0,..$04,.• 1 LI !f N j 5 1!E- i2 i 4. 1 k I 1 I is 1 1 1 Ea; 1:e4.. VW, In E s 3 1332l1S HJSi►i I II 41 1 1 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 1/28/08 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