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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. 2 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 1 668150v1561788v1 WD160-13 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 2 668150v1561788v1 WD160-13 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, 3 668150v1561788v1 WD160-13 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. 4 668150v1561788v1 WD160-13 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 A-1 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.