HomeMy WebLinkAbout7.d. Rural Water Systems AcceptanceF CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING'DATE:June 2, 1992
AGENDA ITEM- Rural Water System Acceptance
AGENDA SECTION:
New Business:
PREPARED BY: Stephan Jilk
AGENDR
t
ATTACHMENTS:`Propose
Agreement Between the
AF BY:
University and the City
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To eliminate the problems of contaminated wells caused by the contamination
of the groundwater on the University of Minnesota and which then was
carried throughout northeast Rosemount the University agreed to build
a "rural water system" which, would provide potable water to that area of
eastern Rosemount affected by the contamination.
This system has been completed and has been operated by the 'City, 'at the
University's expense for the last several months. The system is fully
operational and is meeting all .state and city operational guidelines.
The few mechanical and electrical difficulties experienced with the system
initially have been worked out and eliminated.
The City had indicated to the University that if the University would
build a system which was acceptable to the city and it provided potable
water to those residents affected by the contamination that the city would
accept the system, at no cost to city, and operate it
We feel that this has been done and we have worked, with University
officials to draft an agreement to officially transfer ownership of the
system to the city.
I would Like to take the opportunity to review the agreement with you
on Tuesday and attempt to answer any questions you would have on it.
I would then ask the Utilities Commission to make their final comments on
it at their June 8th meeting so than you may approve it on June 16th.
RECOMMENDEDACTION: NONE at this time Comments only
COUNCIL ACTION:
AGREEMENT
THIS AGREEMENT made and entered into this day of
1992, by and between REGENTS OF THE UNIVERSITY
OF MINNESOTA, a Minnesota public educational corporation,
hereinafter"University", and CITY OF ROSEMOUNT, a Minnesota
municipal corporation, hereinafter "City".
WHEREAS, University has contructed two wells and water
storage facilities on the property described on Exhibit A,.
together with a distribution system, hereinafter •Water
System", to serve the needs of certain residents of City; and
WHEREAS, University has obtained utility permits from
Dakota County and the State of Minnesota to construct,
operate and maintain the Water System in the respective
rights-of-way; and
WHEREAS, pursuant to an agreement between University
and City dated March 19, 1991, City has since July 1, 1991
provided the personnel to operate and 'monitor the Water
System at University's expense, and
WHEREAS, City has found the Water System to be
functional and providing potable water to participating City
residents in accordance with applicable codes as required in
the plans and specifications for the Water System.
NOW THEREFORE, IT IS AGREED:'
1. University warrants that construction was completed
on July 1, 1991, according to the Plans and Specifications of
the water system prepared by Dewild, Grant, Reckert &
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Associates, Co., a copy of which is on file in the City
Engineer's office, and which is incorporated herein by
reference. University has provided City with two complete
sets of "As built"drawings acceptable to the City Engineer.
2. University hereby assigns all design, construction
and equipment warranties for the water system to City.
University further warrants all work performed by it against
poor material and faulty workmanship of its contracting for a
period of five (5) years after July 1, 1991. University
further warrants that, on date of this Agreement, the Water
System will provide potable water that is fit for human
consumption. City warrants that it will operate the Water
system in accordance with the design capabilities of the
system, instructions in the contractors and materials
suppliers manuals, all applicable codes and regulations, and
in otherwise safe and reasonable manner. City shall be
responsible for its willful misconduct or negligence which
results in equipment damage, failure, or system downtime.
3. University shall comply with all city, county,
metropolitan, state and federal laws and regulations,
including but not limited to subdivision ordinances,- zoning
ordinances, and environmental regulations; and shall provide
evidence acceptable to city, that the Water System has been
approved and accepted by the Minnesota Department of Health.
Also, University has furnished test results from samples
taken at each residence or property connected to the Water
System.
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4. University agrees to hold City harmless and
indemnify it from and against all liability for personal or
bodily injury or damage resulting from.this Agreement, unless
caused by the negligence of City. City agrees to hold
University harmless and indemnify it from and against all
liability for personal bodily injury or damage resulting from
this Agreement, unless caused by the negligence of
University, its agents or employees.
5. University shall take out and maintain until five
(5) years after July 1, 1991, public liability and property
damage insurance covering personal injury, including death,
and claims for property damage which may arise out of
University's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for
bodily injury and death shall not be less than $500,000 for
one person and $1,000,000 for each occurrence; limits for
property damage shall be not less than $200,000 for each
occurrence; or a combination single limit policy of
$1,000,000 or more. City shall be named as an additional
insured on the policy, and University shall file with City a
certificate evidencing coverage. The certificate shall
provide that City must be given ten (10) days advance written
notice of the cancellation of the insurance.
6. By execution of this Agreeent, University hereby
quit claims and assigns to City all rights in the Water
System and the utility right-of-way permits, and City, upon
acceptance shall release and discharge University from all
-
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obligations to City regarding -ownership, maintenance, repair,
replacement or expansion of the Water System, except as
otherwise provided in this Agreement.
7. University shall pay all reasonable costs incurred
by it or City in conjunction with the Agreement and the
construction of the Water System, including but not limited
to, legal, planning, engineering and inspection expenses
incurred in connection with acceptance of the Water System,
and all City expenses relating to the preparation and
execution of this Agreement.
8. University accepts liability and agrees to
indemnify and hold City harmless for any contamination to the
Water System that is a result of groundwater contamination
from pollutants on University owned property from pollutants
on the property when owned by the University. This provision
shall continue in force and effect after the completion and
acceptance of the Water System. This provision does not bar
the identification of additional responsible parties.
9. Third parties shall have no recourse against City
for construction of the Water System, or under this
Agreement, and University agrees to indemnify and hold City
harmless from any such claims.
10. Notices. Required notices to University shall be
in writing and shall be either hand delivered to University,
its employees, or agents, or mailed to University by
registered mail at the following address:
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Regents of the University of Minnesota
c/o University Attorney
330 Morrill Hall
100 Church Street Southeast
Minneapolis, MN 55455
Notices to City shall be in writing an shall be either
hand delivered to the City Administrator, or mailed to City
by registered mail in care of the City Administrator at the
following address:
Mr. Stephan Jilk
City Administrator
Rosemount City Hall
2875 145th Street West
P.O. Box 510
Rosemount, MN 55066
11. This Agreement is subject to the approval of the
Board of Regents of the University of Minnesota and by the
City Council of the City of Rosemount.
IN'WITNESS WHEREOF, City and University have executed
this Water System Agreement to be effective the day and year
first above written.
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A . �
CITY OF ROSEMOUNT
By:
E. B. McMenomy, Mayor
By:
Stephan Jilk, City Administrator
REGENTS OF THE UNIVERSITY OF
MINNESOTA
By
Its:
By:
Its:
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