1c-2. 2006 Sanitary Sewer Rehabilitation Proj. No. 06-11: approve Agreement with the Metropolitan Council
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax 952.227.1170
Finance
Phone 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone 952.227.1300
Fax: 952.227.1310
Senior Center
Phone 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Paul Oehme, Dir. of Public Works/City Engineer
~.o.
~.
DATE:
November 13, 2006
SUBJ:
2006 Sanitary Sewer Rehabilitation Project No. 06-11& PW254B:
Approve Agreement with Metropolitan Council
REQUESTED ACTION
Approve Agreement with Metropolitan Council for Inflow/Infiltration investigation
work on Metropolitan Council Environmental Services (MCES) sewers.
BACKGROUND
On June 12,2006, the Council reviewed a Sanitary Sewer Infiltration and Inflow
(1&1) Reduction Plan. The surcharge amount the MCES is charging the City is
$311,920 per year for five years. The surcharge amount was calculated based on the
amount of metered 1&1 that entered the MCES trunk system from the City system
during a large rainfall event in 2005. Staff was directed to finalize the plan to
eliminate the surcharge fee and convert this amount into the Capital Improvement
Plan for 1&1 projects.
On December 12,2005, Council held a joint meeting with Metropolitan Council staff
to discuss the MCES Sanitary Sewer Surcharge Program.
DISCUSSION
At the June 12,2006 Council meeting, staff discussed the proposed future 1&1
improvements with the Council. At this meeting, it was determined to investigate the
MCES as a top priority before any city sewers were investigated. The 2006 1&1
project bid out televising the MCES sewer through the City and to identify any 1&1
issues with the sewer or manholes. The attached agreement has been drafted to have
the City take the lead on investigating the MCES line. The agreement requires the
MCES to reimburse the City forthis work and construction administration.
The City attorney has reviewed the agreement.
Staff recommends approving the agreement at this time.
Attachment
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The City 01 Chanhassen' A growing communllY wlm clean laKes, quality SCllools, ii cniilmlng OWIIlOWII, thriVing DUSlnesses, winding trails, and beautiful parks. A great place to live, work, and play.
COOPERA TIVE AGREEMENT
BETWEEN THE METROPOLITAN COUNCIL
AND THE CITY OF CHANHASSEN FOR A JOINT INFLOW/INFIL TRA TION
INVESTIGA TION PROJECT
This Cooperative Agreement is made and entered into by and between the City of Chanhassen, a
municipal corporation ("City"), and the Metropolitan Council, a public corporation and political
subdivision of the State of Minnesota ("Council").
WHEREAS:
1. The City plans to carry out an investigation and rehabilitation project on its sewer facilities
located within the City in order to identify the extent of infiltration and inflow ("Ill") into
those facilities and to carry out selected rehabilitation efforts.
2. The City has retained an engineer to design its rehabilitation project. The engineer has
recommended that the City carry out an investigation of its sewer facilities by hiring a
contractor to televise designated sewer facilities of the City in order to determine their
current condition and perform certain rehabilitation of City facilities.
3. As part of the Metropolitan Disposal System ("MDS"), the Council owns and operates
certain sewer interceptors located within the City to which the City's sewer facilities are
connected.
4. In order to most accurately identify the extent of IJI into the City's facilities, it is prudent to
carry out an investigation of the Council's facilities in conjunction with investigating the
City's facilities. The Council is willing to participate in the cost of investigating its own
facilities for IJI in conjunction with the City's IJI investigation project.
5. The parties have determined that the most expeditious and cost-effective method for
investigating each of their facilities is for the City to carry out a joint IJI investigation
project on behalf of the parties, with the Council reimbursing the City for the costs of the
project attributable to the Council's facilities.
6. The City has advertised for bids and selected a contractor to carry out an investigation of
both the City and Council facilities. Council staff has reviewed the bid price of the selected
contractor and finds it to be fair and reasonable.
5. On February 22, 2006, the Council's governing board authorized the Regional
Administrator to negotiate and execute cooperative agreements with various communities,
in amounts not to exceed $250,000 per agreement, in support of the Council's
Inflow/Infiltration (Ill) Reduction Program.
7. Pursuant to Minnesota Statutes, Section 473.504, subdivision 12, the Council is authorized
to contract with any local government unit or subdivision for the performance on the
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Council's behalf of any service on such terms as may be agreed upon by the contracting
parties.
8. The Council and the City are authorized to enter into this agreement pursuant to Minnesota
Statutes, Section 471.59.
9. The parties desire to enter into this agreement to address the terms and conditions for and
the responsibilities of each with respect to the joint III investigation project.
NOW, THEREFORE, the parties hereby agree as follows:
ARTICLE 1. III INVESTIGATION; RETENTION OF CONTRACTOR
1.01 Joint III Investigation Project. The City shall retain the contractor that it has
selected by competitive bid to carry out a joint III investigation project ("Joint III Investigation
Project") for the sewer facilities owned by the City and by the Council that are located within the
boundaries of the City. The selected contractor is referred to in this document as the "City
Contractor." The Joint III Investigation Project shall consist of televising the sewer facilities
owned by the City and the Council that are located within the City. The project does not include
any sewer rehabilitation work on the MDS.
1.02 Technical Provisions to be Included in Contract. The City shall include
provisions in its contract with the City Contractor that will require the contractor to meet and
agree with the Council as to the exact scope of the investigative work with respect to the sewer
facilities owned by the Council.
1.03 Liability Provisions to be Included in Contract. The City shall include the
following liability provisions in its contract with the City Contractor:
(a) that the City's contractor shall defend, indemnify, and hold harmless the Council, its
members, officers, agents and employees from all claims, suits, demands, damages,
judgments, costs, interest, expenses (including, without limitation, reasonable
attorney's fees, witness fees and disbursements incurred in the defense thereof)
arising out of or by reason of the performance of the contractor's work on the Joint III
Investigation Project, caused in whole or in part by any act or omission of the
contractor, including acts or omissions of its employees, subcontractors, or for anyone
whose acts any of them may be liable, except where caused by sole negligence of the
Council;
(b) that the contractor must provide and maintain insurance as set forth in Exhibit A
which is attached to and made a part of this agreement and naming the Council as
additional insured under such insurance, and must provide to the Council prior to
commencement of work on the project a Certificate of Insurance evidencing the
insurance coverages specified in such exhibit; and
(c) that the contractor is considered to be an independent contractor for the purposes of
completing the Joint III Investigation Project provided for in this agreement.
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ARTICLE 2. IMPLEMENTATION OF INVESTIGATION PROJECT
2.01 Establishment of Investigation Areas. The preliminary general location of the
areas within the MDS to be investigated in accordance with this agreement are as shown on
Exhibit B. After the City enters into a contract with the City Contractor, Council staff will meet
with the contractor in accordance with the provisions of section 1.02 in order to establish the
specific scope of work for the Council's facilities.
2.02 Notice of Preconstruction Meeting and Commencement of Council
Investigation Work. The City shall give written notice to the Council of the City's
preconstruction meeting with the City Contractor not less than seven calendar days prior to the
meeting. The City shall give written notice to Council when investigation work starts on the
Council's facilities. Such notices shall be directed to:
Jim Wawra, Interceptor Operations Manager
Metropolitan Council Environmental Services
Regional Maintenance Facility
3565 Kennebec Drive
Eagan, MN 55122
or to such other person as may be designated in writing by the Council to the City.
2.03 Access to Council Facilities. For purposes of If I investigation within the Council's
facilities as part of the Joint If I Investigation Project, the City, its engineer and the City
Contractor may enter upon the property or property interests owned by Council in conjunction
with the project.
2.04 Administration of Contract; Reports. The City shall administer the contract with
the City Contractor and cause the Joint If I Investigation Project to be completed in substantial
accordance with the solicitation documents by which the City Contractor was obtained. All
direct payments to the City Contractor for work performed on the project, including those
allocable to the Council, shall be made by the City. The City shall provide to the Council
monthly reports on the progress of the investigation efforts.
2.05 Completion; Final Report. The City shall inform the Council in writing when the
Joint If I Investigation Project is completed. Upon completion of the project, the City shall
provide the Council with two copies of the If I Investigation Report, along with copies of the
videolDVD televising of the Council's facilities.
ARTICLE 3. PAYMENT
3.01 Basis for Reimbursement. The Council shall reimburse the City for investigation
of If I within the MDS, and the preparation of an IJI investigation document, in accordance with
this agreement as follows:
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a. The Council shall reimburse the City for the cost per lineal foot of Council facilities
actually televised, at the rate competitively bid by the City Contractor. There shall be
no mark-up by the City on such costs.
b. The Council shall reimburse the City $12,400 dollars as the Council's share of the
costs of the City's engineer in designing the televising project, supervising the work,
and preparing any reports arising out of the televising.
3.02 Progress Payments for Televising Work. The Council shall reimburse the City
on a calendar monthly basis for costs charged by the City Contractor for sewer televising work
attributable to the Council's facilities. Reimbursement shall be made upon submission by the
City of an invoice for such costs along with supporting documentation including a copy of the
City Contractor's invoice for the work and evidence that the City has made payment to the City
Contractor for the work.
3.03 Final Payment. Upon completion of the televising work and submittal of two
copies of the IJI Investigation Report to the Council (including copies of the video televising of
the Council's facilities), the City shall submit an invoice for reimbursement of the Council's
agreed upon share of engineering costs as specified in section 3.01.
3.04 Payment of Invoices. The Council shall make payment of each City invoice
within 30 days of receipt from the City, unless any costs are contested by Council. In such case
the Council shall pay such invoice(s) upon resolution of the contested item or items.
3.05 Maximum Amount. The maximum amount payable by the Council to the City
as reimbursement under this agreement is $50,000.
ARTICLE 4. GENERAL PROVISIONS
4.01 Authorized Representatives
(a) Council. The Council's Authorized Representative for the purposes of this
agreement is:
William Moeller, Assistant General Manager, Interceptor Services,
Metropolitan Council Environmental Services
or such other person as may be designated in writing by the Council to the City.
(b) City. The City's Authorized Representative for the purposes of this agreement is:
Paul Oehme, Director of Public Works/City Engineer, City of Chanhassen
or such other person as may be designated in writing by the City to the Council.
4.02 Notices and Demands. Any notice or demand, which mayor must be given or
made by either party under the terms of this agreement or any statute or ordinance, shall be in
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writing and shall be sent certified mail or delivered in person to the other party addressed as
follows:
For the Council: For the City:
William Moore, General Manager Paul Oehme, Director of Public
Metropolitan Council Environmental Services Works/City Engineer
390 North Robert St. City of Chanhassen
St. Paul, MN 55101 P.O. Box 147
Chanhassen, MN 55317
or such other person or address as may be designated by a party in writing to the other party.
4.03 Retention and Access to Records. In accordance with Minnesota Statutes, section
16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and
practices relevant to this agreement:
. shall be maintained, and
. are subject to examination by the Council and/or the State Auditor or Legislative
Auditor, as appropriate,
for a minimum of six years from the end of this agreement.
4.04 Government Data Practices. The Council and the City must comply with the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all
data provided by the Councilor City under this agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Councilor City under this
agreement.
4.05 Liability. Each party agrees that it shall be responsible for its own acts and the
results thereof to the extent authorized by law, and shall not be responsible for the acts of the
other party and the results thereof. The City's and the Council's liability is governed by the
provisions of Minnesota Statutes, Chapter 466, and other applicable law. Nothing in this
agreement shall constitute a waiver by the Councilor the City of any statutory limits on or
exceptions to liability.
4.06 Independent Contractors - Council Employees. Any and all employees of the
Council and all other persons engaged by the Council in the performance of any work or services
required or provided for in this agreement and to be performed by the Council shall not be
considered employees of the City, and any and all claims that mayor might arise under the
Workers I Compensation Act or the Minnesota Economic Security Law 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 of the part of said employees while so engaged, on any of the work or
services provided to be rendered in this agreement, shall in no way be the obligation or
responsibility of the City.
4.07 Independent Contractors - City Employees. Any and all employees of the City
and all other persons engaged by the City in the performance of any work or services required or
provided for in this agreement and to be performed by the City shall not be considered
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employees of the Council, and that any and all claims that mayor might arise under the Workers'
Compensation Act or the Minnesota Economic Security Law 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 of the part of said employees while so engaged, on any of the work or services
provided to be rendered in this agreement, shall in no way be the obligation or responsibility of
the Council.
4.08 Entire Agreement. It is understood and agreed that the entire agreement between
the parties is contained in this agreement and that this agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matter of this agreement.
4.09 Amendments. Any amendment to this agreement must be in writing and shall not
be effective until it has been approved and executed by duly authorized officers of the parties.
4.10 Severability. 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.
4.11 Non-Waiver. If either party fails to enforce or waives any provision, term,
condition or covenant of this agreement on one or more occasions, that action shall not be
construed as waiving the provision or the party's right to enforce it.
4.12 Assignment/Successors/Assigns. The City may neither assign nor transfer any
rights or obligations under this agreement without the prior consent of the Council and a fully
executed assignment agreement, executed and approved by the same parties who executed and
approved this agreement, or their successors in office. The covenants of this agreement shall be
binding upon and inure to the benefit of the parties to this agreement, their successors and
assigns.
4.13 Non-discrimination in Employment. In carrying out the provisions of this
agreement, the City shall comply with all applicable local, state and federal laws, regulations,
and ordinances prohibiting discrimination and requiring equal opportunity in employment
including, without limitation, the Minnesota Human Rights Act, Minnesota Statutes, Chapter
363A, Title VII of the Civil Rights Act of 1964, 42 US.C. section 2000e et seq., the Age
Discrimination in Employment Act of 1967, 29 US.c. section 621 et seq., and Title I of the
Americans with Disabilities Act of 1990,42 US.C. section 12111 et seq., and as such laws may
be amended from time to time.
4.14 Compliance with Law. In carrying out the Joint Project, the City shall comply
with all applicable federal, state and local laws, regulations, rules and ordinances including those
relating to affirmative action, public purchasing, and contractor bonding.
4.15 Applicable LawlVenue. This agreement shall be governed by the law of the State
of Minnesota. Venue for all legal proceedings arising out of this agreement, or its breach, must
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be in the appropriate state or federal court with competent jurisdiction in Ramsey City,
Minnesota.
IN TESTIMONY WHEREOF, the parties have caused this agreement to be signed their
respective duly authorized representatives on the dates indicated below.
CITY OF CHANHASSEN
By:
Approved as to form:
Its:
Date:
City Attorney
METROPOLIT AN COUNCIL
Approved as to form:
By:
Thomas Weaver
Regional Administrator
Date:
Metropolitan Council
Office of General Counsel
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EXHIBIT A
INSURANCE COVERAGES
The limits of liability for the insurance required by Paragraph 5.04 Contractor's Liability
Insurance of the General Conditions shall provide the following coverages for not less than the
following amounts or greater where required by laws and regulations:
After Paragraph 5.04.B.7, add the following insurance insurance requirements:
Workmen's Compensation
(1) State........... ................... ....... ............................... .... ................................... Statutory
(2) Applicable Federal (e.g. Longshoreman's) ............................................. Statutory
(3) Employers Liability.......... ............ ............................... .......................... .$2,000,000
5.04.B.9.
Contractor's Liability Insurance including completed operations and product liability
coverages and eliminate the exclusion with respect to property under the care,
custody and control of Contractor:
(1) General Aggregate
(Except Products - Completed Operations) ..........................................$2,000,000
(2) Products - Completed
(Operations Aggregate).... ....... ........... ................ ............................... .....$2,000,000
(3) Personal and Advertising
Injury (Per Person/Organization). .................................... ..................... .$2,000,000
(4) Each Occurrence
(Bodily Injury and Property Damage) ...................................................$2,000,000
(5) Property Damage Liability Insurance will provide explosion,
collapse and underground coverages where applicable. .......................$2,000,000
(6) Excess Liability
General Aggregate .... ............... ......... .............................. ............... ........$2,000,000
Each Occurrence ..... ....... ...... ....... ............................... ........................... .$2,000,000
5.04.B.1O.
Automobile Liability
(1) Bodily Injury:
Each Person......................................................................................... .$2,000,000
Each Accident............. ................. ....................................................... .$2,000,000
Property Damage
Each Accident....................................... .................................................. ....$2,000,000
Or
Combined Single Limit (Bodily Injury and Property Damage)
Each Accident .................................................................. ......................... .$2,000,000
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EXHIBIT B
MCES SEWER TO BE INVESTIGATED FOR I & I
~ MCES
W+E
S
November 13, 2006