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HomeMy WebLinkAbout6.q. Metropolitan Council Environmental Service Right of Entry Agreement for Driver Avenue\\rsm-file\common\city clerk\agenda items\approved items\6.q. metropolitan council environmental service right of entry agreement for driver avenue.docx EXECUTIVE SUMMARY City Council Meeting: September 20, 2022 AGENDA ITEM: Approve Metropolitan Council Environmental Service Right of Entry Agreement for Driver Avenue AGENDA SECTION: Consent PREPARED BY: Brian Erickson, PE – City Engineer AGENDA NO. 6.q. ATTACHMENTS: Agreement APPROVED BY: LJM RECOMMENDED ACTIONS: Approve a MCES Right of Entry Agreement for Driver Avenue & Trunk Sanitary Sewer Improvements, Project 2022-15. BACKGROUND As part of the Driver Avenue project the City of Rosemount will extend a trunk sanitary sewer line that will serve much of the eastern portion of Rosemount as it grows. The connection point is into the Metropolitan Council Environmental Services’ (MCES) lift station located on the north side of 140th St. Since this property is owned by MCES, there was a requirement for a right of entry agreement. The Driver Avenue project will perform a portion of the construction on the MCES property surrounding and connecting into the lift station. The agreement details the requirements of both the city and MCES and is effective for 6 months. The city attorney has reviewed the agreement has not noted any concerns. RECOMMENDATION Staff recommends Council approve the right of entry agreement with MCES. v2022.August RIGHT-OF-ENTRY AGREEMENT FOR CONSTRUCTION OF SANITARY SEWER IN ROSEMOUNT, MN THIS AGREEMENT is made and entered into by and between the Metropolitan Council, a public corporation and political subdivision of the state of Minnesota (“Grantor”), and the City of Rosemount, a municipal corporation under the laws of the State of Minnesota (“Grantee”). BACKGROUND RECITALS 1. Grantor is the owner of property located at 4201 140th Street East, Rosemount, MN 55068. 2. Grantee desires to construct its trunk sanitary sewer in 4201 140th Street East, Rosemount, MN 55068. 3. Grantee plans to construct its trunk sanitary sewer in Grantor’s premises during 2022. 4. This work is not a taking and the parties acknowledge that Grantor is voluntarily agreeing to this. 5. Grantor is not expressly waiving any of its rights and privileges available to it under Minn. Stat. §117 et.al, and other related state or federal provisions. 6. In consideration of the foregoing recitals and the mutual promises and covenants contained in this Agreement, the Parties agree as follows: TERMS 1. Right-of-Entry. Grantor authorizes Grantee and its agents, contractors, and subcontractors access to the premises solely for the purpose of performing construction of City trunk sanitary sewer in connection with the City of Rosemount, Minnesota Construction Plans for Drive Avenue Improvements City Project Number 2022-15 (the “Work”). No right is conferred under this Agreement to do any of the Work without prior to written approval from Grantor. This right of entry is granted subject to all the terms and conditions set forth below. 2. Notification and Description of Work. Grantee will provide notification via Grantor’s preferred communication method, whether by telephone, text message, or email, prior to each site visit where Work will be conducted. The contact detail and individuals listed below are the authorized contacts: Tim Wedin, Assistant Manager, Interceptor Engineering Contact method: 651-602-4571, Timothy.Wedin@metc.state.mn.us The Grantee will specify the type of work, the specific location(s) and date/time. 3. Liability. To the extent authorized by law each party is responsible for its own acts and results if its acts. The City’s and Council’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. 4. Indemnity. Grantee shall require its agents, contractors, and subcontractors to expressly agree to defend, indemnify and hold Grantor harmless from any and all liabilities, claims, losses, suits, actions, judgments, damages, costs arising out of its agents, contractors’, or subcontractors’ Work authorized by this Agreement. 5. Restoration. If Grantee’s exercise of the work results in disturbing of the surface of the Premises, said surface shall, as soon as reasonably possible, be restored by Grantee at Grantee’s sole cost and expense and returned to the same or similar condition that existed prior to the exercise of the Work. 6. Term. This Agreement and all obligations hereunder shall be effective for 6 months from the day the last party signs the Agreement (hereafter known as the “Effective Date”). The Grantee may terminate this Agreement before the end of the Term by providing Grantor with written notice. 7. Extension. The Grantor, upon Grantee providing Grantor at least 14 days written notice before the end of the initial term, may extend the term for an additional 6 months to complete the Work. 8. Binding Effect: This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective heirs, successors and assigns, but no third party may seek to enforce, nor shall benefit from, this Agreement. 9. Governing Law: This Agreement is governed, construed, and enforced under the laws of the State of Minnesota without regard to its conflicts of law provisions 10. Severability: The provisions of this Agreement are to be considered as severable, and in the event that any provision is held to be invalid or unenforceable, the Parties intend that the remaining provisions will remain in full force and effect. 11. Captions: Captions in this Agreement are for ease of reference only and should not be considered in the construction of this Agreement. 12. Waiver: Failure by a Party to enforce or exercise any right in this Agreement will not be construed as a present or future waiver of such right. 13. Assignability: This Agreement may not be assigned by either Party without the other party’s express written consent, such consent not to be unreasonably withheld. 14. Termination: The Grantee may terminate this Agreement upon at least seven (7) days written notice to the Grantor. 15. Amendment: The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 16. Entire Agreement: It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. 17. Notice: Any notice or demand which must be given or made by a party under this Agreement shall be sent to: Grantor/Metropolitan Council 3565 Kennebec Drive Eagan, MN 55122 Attn: Bert Tracy Grantee/City of Rosemount 2875 145th Street West Rosemount, MN 55068 Attn: Brian Erickson 18. This agreement will be effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature). METROPOLITAN COUNCIL A public corporation and political subdivision of the State of Minnesota By: ______________________________________ Date: _____________________________________ CITY OF ROSEMOUNT A municipal corporation of the State of Minnesota By: ______________________________________ Date: _____________________________________ By: ______________________________________ Date: _____________________________________