HomeMy WebLinkAbout6.n. Approve Service Agreement to Remove Residential Irrigation Metersi:\city clerk\agenda items\approved items\6.n. approve service agreement to remove residential irrigation meters.docx
EXECUTIVE SUMMARY
City Council Meeting: March 16, 2021
AGENDA ITEM: Approve Service Agreement to Remove
Residential Irrigation Meters
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE, Director of Public
Works / City Engineer
Chuck Jacobus, Public Works
Supervisor, Streets and Utilities
AGENDA NO. 6.n.
ATTACHMENTS: Resolution, Draft Agreement APPROVED BY: LJM
RECOMMENDED ACTIONS: Resolution Approving a Service Agreement with LaBrash
Plumbing and Heating to remove residential irrigation meters.
BACKGROUND
At the end of 2019, City Council eliminated the residential irrigation meter program for residents of
Rosemount beginning in 2020. Additionally, the city began a program of billing sanitary sewer based on a
‘winter quarter’. This program is generally used within other cities in Dakota County and bills residents
based on the water used in the winter quarter of the year.
However, none of the existing second meters were removed from existing residences. As a result, there
are currently about 900 second meters that are still registering usage but are creating some problems with
utility billing.
City staff reached out to several local plumbers in an effort to get quotes for removing the existing
irrigation meters and repluming these homes so that all the usage is through the current domestic meter.
Those quotes ranged from a low of $200 per meter to over $800 per meter. Additionally, staff has been
working with the City Attorney in an effort to draft a service agreement to have this work accomplished.
The draft agreement is provided. It should be noted there may be minor administrative corrections based
on final review.
As part of the quotes the plumbers will:
• Coordinate contacting residents to schedule the removals.
• Provide all necessary materials to replumb the domestic water
• Remove all piping material associated with the irrigation meter which includes at a minimum the
meter, meter horn, excess piping and valves.
• Replumb the irrigation line to insure proper function.
Funding for this work would come from the Water Operating Fund budget, and staff is proposing to
begin with 300 meter removals this year resulting in a cost of $60,000. This is currently an unbudgeted
expense and will be added to future budgets with a goal of completing removals over a three-year time
frame.
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RECOMMENDATION
Staff recommends Council approving the resolution authorizing a service agreement with LaBrash
Plumbing to remove the existing irrigation meters.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021 – XX
A RESOLUTION APPROVING A CONTRACTOR SERVICE AGREEMENT WITH
LABRASH PLUMBING AND HEATING FOR IRRIGATION METER REMOVALS
WHEREAS, the City of Rosemount (the “Lessee”) has discontinued the residential irrigation
meter program; and,
WHEREAS, there are currently 888 irrigation meters in the City of Rosemount; and,
WHEREAS, the removal of the irrigation meters is necessary to reduce current difficulties with
utility billing; and,
WHEREAS, the City Rosemount has received three quotes for irrigation meter removals and
LaBrash Plumbing and Heating is the lowest responsible quote for performing the necessary
scope of work; and,
WHEREAS, a Contractor Services Agreement has been drafted by the City Attorney to cover the
scope of work as described in Exhibit A; and,
WHEREAS, funding for this work will come from the Water Operating Fund budget.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount,
Minnesota, as follows:
1. That LaBrash Plumbing and Hearing is selected as the contractor to perform meter removals
as specified in Exhibit A of the Contractor Services Agreement.
2. The City Administrator is authorized to enter into the Contractor Services Agreement.
3. Funding for this work shall come from the Water Operating Fund budget.
ADOPTED this 16th day of March, 2021.
William H. Droste, Mayor
ATTEST:
Erin Fasbender, City Clerk
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CONTRACTOR SERVICES AGREEMENT
This Contractor Services Agreement ( “Agreement”) is made this ___ day of ___________,
2021 by and between the City of Rosemount, a Minnesota municipal corporation located at 2475
145th Street W, Rosemount, MN 55068 (the “City”), and LaBrash Plumbing and Heating, a business
organized under the laws of the State of Minnesota and located at 306 4th St., Farmington, MN 55110
(the “Contractor”).
I. SERVICES TO BE PROVIDED. The Contractor will perform for the City the services as
specified in its proposal, which is incorporated into this Agreement as Exhibit A (the “Proposal”). All
services provided by the Contractor under this Agreement shall be provided in a manner consistent
with the level of care and skill ordinarily exercised by contractors currently providing similar services.
II. COST OF SERVICES. For the tasks outlined in the Proposal, the City shall pay the
Contractor a fee of $60,000 (the “Contractor Fee”). The Contractor Fee includes all services and all
expenses related to the Proposal. The City shall not be responsible for payment for any additional
work performed by the Contractor that is not expressly listed on the Proposal or otherwise pre-
approved by the City in writing. The Contractor shall submit itemized invoices for the services it
provides to the City after completion of the services specified in the Proposal. The itemized invoices
shall clearly identify all work completed. Invoices submitted will be processed and paid in the same
manner as other claims made to the City.
III. TERMINATION OF AGREEMENT. Notwithstanding any other provision herein to the
contrary, this Agreement may be terminated as follows: (1) the parties, by mutual written agreement,
may terminate this Agreement at any time; (2) the Contractor may terminate this Agreement in the
event of a breach of the Agreement by the City, upon providing 30 days’ written notice to the City;
(3) the City may terminate this Agreement at any time at its option, for any reason or no reason at all.
IV. INDEPENDENT CONTRACTOR. All services provided pursuant to this Agreement shall
be provided by the Contractor as an independent contractor and not as an employee of the City for
any purpose. Any and all officers, employees, subcontractors, and agents of the Contractor, or any
other person engaged by the Contractor in the performance of work or services pursuant to this
Agreement, shall not be considered employees of the City. Any and all actions which arise as a
consequence of any act or omission on the part of the Contractor, its officers, employees,
subcontractors, or agents, or other persons engaged by the Contractor in the performance of work or
services pursuant to this Agreement, shall not be the obligation or responsibility of the City. The
Contractor, its officers, employees, subcontractors, or agents shall not be entitled to any of the rights,
privileges, or benefits of the City’s employees, except as otherwise stated herein.
V. INDEMNIFICATION. The Contractor, and any and all officers, employees, subcontractors,
and agents of the Contractor, or any other person engaged by the Contractor in the performance of
work or services pursuant to this Agreement, shall indemnify, defend, and hold harmless the City and
its officials, employees, contractors and agents from any loss, claim, liability, and expense (including
reasonable attorneys’ fees and expenses of litigation) arising from, or based in the whole, or in any part,
on any negligent act or omission by the Contractor, its officers, employees, subcontractors, and agents,
or any other person engaged by the Contractor in the performance of work or services pursuant to this
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Agreement. In no event shall the City be liable to the Contractor for consequential, incidental, indirect,
special, or punitive damages. Nothing in this Agreement shall constitute a waiver or limitation of any
immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466
or otherwise.
VI. INSURANCE. The Contractor agrees that before any of the services can be performed
hereunder, the Contractor shall procure at a minimum: worker’s compensation insurance and employer’s
liability as required by Minnesota state law; commercial general liability in an amount of not less than
$1,500,000.00 per occurrence for bodily injury, damages, or death arising out of each occurrence, and
$2,000,000 aggregate, for total bodily injuries, damages, or death arising from any one occurrence; and
$1,500,000.00 per occurrence for property damage. If the work the Contractor performs related to the
Proposal involves working with, or the potential release of, a hazardous substance, then the Contractor
shall be required to procure double the insurance policy limits of those noted above. To meet the
commercial general liability requirements, the Contractor may use a combination of excess and umbrella
coverage. The Contractor shall provide the City with a current certificate of insurance listing the City as
an additional insured with respect to the commercial general liability and umbrella or excess liability.
Such certificate of liability insurance shall contain a statement that such policies shall not be canceled or
amended unless 30 days’ written notice is provided to the City, 10 days’ written notice in the case of
non-payment. The Contractor agrees to keep in force the above provisions at all times during the term
of this Agreement.
VII. CONTRACT COMPLIANCE. Prior to the processing of any and all payments to the
Contractor pursuant to this Agreement, the City and the Contractor shall comply with Rosemount
Finance Department regulations related to the completion and filing of W-9 forms and other IRS and
Minnesota Department of Revenue tax forms.
VIII. CONFLICT OF INTEREST. The Contractor shall use best efforts to meet all professional
obligations to avoid conflicts of interest and appearances of impropriety.
IX. THIRD PARTY RIGHTS. The Parties to this Agreement do not intend to confer on any third
party any rights under this Agreement.
X. NOTICES. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, first class and postage fully prepaid, and
addressed to the addresses above, or at such other address as either party may provide to the other by
notice given in accordance with this provision.
XI. MISCELLANEOUS PROVISIONS.
A. Entire Agreement. This Agreement shall constitute the entire agreement between the
City and the Contractor, and supersedes any other written or oral agreements between the City and
the Contractor. This Agreement can only be modified in writing signed by the City and the
Contractor.
B. Data Practices Act Compliance. Data provided, produced or obtained under this
Agreement shall be administered in accordance with the Minnesota Government Data Practices Act,
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Minnesota Statutes Chapter 13. The Contractor will immediately report to the City any requests from
third parties for information relating to this Agreement. The Contractor agrees to promptly respond
to inquiries from the City concerning data requests.
C. Audit. Pursuant to Minnesota Statutes, Section 16B.05, Subd. 5, the Contractor agrees
that the City, the State Auditor, or any of their duly authorized representatives at any time during
normal business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which
are pertinent to the accounting practices and procedures of the Contractor and invoice transactions
relating to this Agreement.
D. Possession of Firearms. Unless specifically required by the terms of this Agreement,
no provider of services pursuant to this Agreement, including but not limited to employees, agents or
subcontractors of the City or Contractor shall carry or possess a firearm on City of Rosemount
premises or while acting on behalf of the City of Rosemount pursuant to the terms of this Agreement.
Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition
to any other remedy available to the City of Rosemount under law or equity are grounds for immediate
suspension or termination of this Agreement.
E. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this
Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any
objections to jurisdiction.
F. No Assignment. This Agreement may not be assigned by either party without the written
consent of the other party.
G. No Discrimination. The Contractor agrees not to discriminate in providing products and
services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age,
sexual orientation, status with regard to public assistance, or religion.
H. Agreement Not Exclusive. The City retains the right to hire other additional contractors
in the City’s sole discretion.
I. Severability. The provisions of this Agreement are severable. If any portion of this
Agreement is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision will not affect the remaining provisions of the Agreement.
J. Waiver. Any waiver by either party of a breach of any provision of this Agreement will
not affect, in any respect, the validity of the remainder of this Agreement.
K. Compliance with Laws. The Contractor shall exercise due care to comply with
applicable federal, state, and local laws, rules, ordinances, and regulations in effect as of the date the
Contractor agrees to provide the applicable services detailed in Exhibit A.
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L. Headings. The headings contained in this Agreement have been inserted for
convenience of reference only and shall in no way define, limit, or affect the scope and intent of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement as of the date first written above.
CITY OF ROSEMOUNT: CONTRACTOR:
By: _____________________________ By: ____________________________
Logan Martin
Its: City Administrator Its: ____________________________
Approved as to Form:
By: _____________________________
City Attorney
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668150v1561788v1 WD160-13
EXHIBIT A
The Proposal
1. Contractor will contact residents and schedule all appointments based on a master list
provided by the City of Rosemount. Schedule will be provided to the City of Rosemount to
ensure staff is available to support as needed.
2. Contractor will provide all material required to replumb domestic water to the residence.
3. Contractor will replumb the irrigation service to the domestic water line and ensure the
irrigation system is provided water.
4. Contractor will use matching material for repluming (i.e. copper to copper, PEX to PEX,
etc.)
5. Contractor will remove all piping materials associated with irrigation meter removal (i.e.
meter, meter horn, excess piping, excess valves, etc.)
6. Contractor will coordinate with the City of Rosemount to insure that the MXU can be
reprogrammed upon completion of the plumbing work.