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HomeMy WebLinkAbout2022-090 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 22-90 RESOLUTION APPROVING AGREEMENT FOR REIMBURSEMENT OF METER VAULT INSTALATION WHEREAS,the City Council approved the Development Agreement for Belland Farms with Resolution No. 22-04 on January 10, 2022; and WHEREAS,the City Council approved the First Amendment to Development Agreement for Belland Farms with Resolution No. 22-89 on August 22, 2022 adding the installation of a Meter Vault to the contract work; and WHEREAS,to facilitate future development within Lino Lakes Sewer District 5 as outlined in the City's 2040 Comprehensive Plan,the City desires to connect south along 24th Ave to Metropolitan Council (MCES) Interceptor 802325 (into Hugo). The Council plans to install a meter vault on City's sanitary sewer line for future billing meter installation to capture flow from Lino Lakes Sewer District 5; and WHEREAS,the City and MCES desire that the Meter Vault be constructed with the City's Project, Belland Farms; and WHEREAS,the MCES will reimburse the City of Lino Lakes for the construction of the Meter Vault as detailed in the Agreement. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Agreement for Reimbursement of Meter Vault Installation, and the City of Lino Lakes authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 12th day of September, 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember Stoesz and was duly seconded by Councilmember Lyden and upon vote being taken thereon, the following voted in favor thereof: Lyden, Cavegn, Stoesz, Rafferty The following voted against same: None (Absent- Ruhland) • i 1 4.t"f. �'-- Rob afferty, Mayor ATTEST: L/ Ju ' Bartell, City lerk CITY OF LINO LAKES RESOLUTION NO. 22-90 RESOLUTION APPROVING AGREEMENT FOR REIMBURSEMENT OF METER VAULT INSTALATION WHEREAS,the City Council approved the Development Agreement for Belland Farms with Resolution No. 22-04 on January 10, 2022; and WHEREAS,the City Council approved the First Amendment to Development Agreement for Belland Farms with Resolution No. 22-89 on August 22, 2022 adding the installation of a Meter Vault to the contract work; and WHEREAS,to facilitate future development within Lino Lakes Sewer District 5 as outlined in the City's 2040 Comprehensive Plan,the City desires to connect south along 241h Ave to Metropolitan Council (MCES) Interceptor 802325 (into Hugo). The Council plans to install a meter vault on City's sanitary sewer line for future billing meter installation to capture flow from Lino Lakes Sewer District 5; and WHEREAS,the City and MCES desire that the Meter Vault be constructed with the City's Project,Belland Farms; and WHEREAS,the MCES will reimburse the City of Lino Lakes for the construction of the Meter Vault as detailed in the Agreement. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Agreement for Reimbursement of Meter Vault Installation, and the City of Lino Lakes authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 22"d day of August, 2022. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon,the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk Met Council No. 22I012 AGREEMENT FOR REIMBURSEMENT OF METER VAULT INSTALLATION This Agreement is between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota("Council") and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota("City"). BACKGROUND RECITALS 1. The City plans to approve the Belland Farms Development in Lino Lakes at the intersection of Main Street(CSAH 14) and 24th Ave N referred to as the ("City Project"). 2. To facilitate future development within Lino Lakes Sewer District 5 as outlined in the City's 2040 Comprehensive Plan, the City desires to connect south along 24th Ave to MCES Interceptor 802325 (into Hugo). The Council plans to install a meter vault on City's sanitary sewer line for future billing meter installation to capture flow from Lino Lakes Sewer District 5. The meter vault installation on City's sanitary sewer pipe is hereinafter referred to as the "Council Project"". 3. Both Council and City desire that the Council Project be constructed with City's Project which is more fully described in Article I of this Agreement. 4. The term "Council's authorized representative (CAR)" means the person designated in writing by Council's General Manager of Metropolitan Council Environmental Services (MCES), as Council's authorized representative. 5. Council is not staffed or equipped to construct the Council Project at this time. 6. Therefore, Council desires to have the City facilitate the necessary construction of the Council Project as part of the City Project. 7. Pursuant to Minnesota Statutes, Section 473.504, subd. 12, Council is authorized to contract with any local government unit for the performance on Council's behalf of any service on such terms as may be agreed upon by the contracting parties. 8. The City is authorized to enter into this Agreement pursuant to,the City's Council Resolution No. approved on , and City Action dated and that said work provisions will be carried out by the parties as provided by this Agreement. NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,the parties agree as follows: 1 155444Y2 Met Council No. 22I012 AGREEMENT I. Purpose of Agreement 1. The purpose of this Agreement is to set forth the terms and conditions and responsibilities of each of the Parties to this Agreement for the construction of the Council Project. The Council hereby appoints the City as its agent to construct the Council Project in accordance with the Council Project construction documents and the terms and conditions of this Agreement. 2. For purposes of this Agreement the scope of the Council Project is as follows: The new meter vault will be installed on 27" City sewer pipe along 24th Ave North. It is proposed to install cast-in place concrete vault and pass the 27" sewer pipe through this meter vault and to install a 6"Parshall flume in the future when more flow is anticipated in this area. 3. The location of the City Project and the Council Project is shown on the attached Exhibit A. II. Construction Documents 1. The Council will prepare and submit to the City for review and acceptance, a design document, including plans, and specifications for the Council Project ("Council Project Construction Documents"). City agrees that it will review the Council Project Construction Document in a timely manner and will not unreasonably withhold acceptance of the Council Project Construction Document. 2. Prior to start of construction, the City will follow any necessary guidelines outlined under Minnesota Statutes, Section 471.345, Uniform Municipal Contracting Law to secure the work needed for the Council Project. The City will include the Council Project Construction Documents in the construction documents for the City Project ("City Project Construction Documents"). 3. Prior to the start of construction, the City will submit to the Council the schedule proposed by the City contractor for the Council Project for Council review and acceptance. The construction schedule will be incorporated into and become a part of the Council Project Construction Documents. Throughout the construction of the Council Project, the City will submit to the Council for review and acceptance any changes to the schedule. 4. Further, the City Project Construction Documents prepared by the City will provide that: i. during the construction of the Council Project, there will be no interruption to Council's sewer service without written consent of the Council; 2 155444v2 Met Council No.22I012 ii. during construction of the Council Project, there will be no interruptions to the sanitary sewer transport system that will affect the Council's billing process and procedures without the written consent of the Council; and iii. There will be no interruption to access by the Council to its existing gravity. IV. Easements and Permits 1. City, at its expense, will acquire all permanent and temporary permits, easements and property interests necessary for the Council Project. 2. As of the date of this Agreement, no additional property acquisition is required for construction and installation of the Council Project within the City Project. Council will be responsible for all land acquisitions outside of the City Project under this agreement necessary to install the Council Project. 3. City will be responsible to obtain all other permits associated for the construction of the Council Project. V. Reserved VI. Construction and Contract Administration 1. The City will administer the contract with City's contractor and provide construction staking of the contract work included in the Council Project. The City will provide construction field services for the contract work included in the Council Project. The Council Project may be inspected by Council's authorized representative (CAR), but the Council's authorized representative will not have responsibility for supervision of the work. The City will provide to the CAR weekly construction reports indicating construction progress, testing results, and bid item pay quantities for the purposes of monthly estimates. The CAR will notify the City immediately of the contractor's failure to comply with the Council Project Construction Documents during the performance of the Council Project work. Upon completion of the Council Project, Council will inform the City in writing either that the Council's Project has been constructed and conforms to the Council Project Construction Documents and is fully operational, or that Council's Project has not been constructed in accordance with the Council Project Construction Documents and is not operational. 2. Council will further inform the City of the specific reasons for non-conformance to the Council Project Construction Documents and what steps must be taken by the City to make Council's Project conform to the Council Project Construction Documents. The City will take necessary steps to insure that the construction is in accordance with the Council Project Construction Documents and that Council's Project becomes fully operational. The final 3 155444v2 Met Council No. 22I012 decision on conformance of Council's Project to the Council Project Construction Documents will be made by Council. Evidence of acceptance of Council's Project will be in writing, by letter, from Council's General Manager Environmental Services. 3. The City will submit for CAR's review all shop drawings covering the work for Council's Project. Council will report its review comments in written form to the City Engineer, or a designated representative, within seven calendar days. The responsibility for reviewing the shop drawings for conformance and compatibility with the general design, relative to the final Council Project Construction Documents accepted by Council for Council's Project will remain with the City. VII. Modifications to Construction Documents 1. City will submit any amendments to or material changes in the Council Project Construction Documents to the Council for review and acceptance, which acceptance will not be unreasonably withheld and will be communicated by notice from Council to City within seven calendar days of receipt. In accordance with Article II, amendments, or material changes to the Council Project Construction Documents must be submitted to the CAR at least seven calendar days prior to implementation. City agrees that it will not proceed with amendment to or material changes in the approved final Council Project Construction Documents of the Council Project until the Council has consented to such change in accordance with its procedures and has provided, by letter to the City,written approval from the Council General Manager. 2. Through written request, Council may require the City to make changes to or modifications in the scope of the Council Project and the City agrees to have its contractor construct the required modifications or changes, provided, however, that (i) the cost of such changes or modifications will be borne by the Council and (ii) such changes or modifications will not increase the cost of or delay completion of the City Road Project. VIIL Entry Onto Easements 1. The City hereby grants to Council the right to enter onto its property and any easements and right-of-way that it may have obtained for construction of the Council Project for the purpose of Council fulfilling its obligations under this Agreement. 2. Council hereby grants to the City the right to enter onto its property and any easements and right-of-way that it may have obtained for the Council Project for the purpose of the City fulfilling its obligations under this Agreement. IX. Cost Participation 4 155444y2 Met Council No.22I012 1. Council will reimburse the City for construction of the Council Project. An estimated itemization of reimbursement of the construction costs is set forth in the attached Exhibit B. 2. The parties further agree that the project costs stated above in this Article IX and more specifically shown on Exhibit B to this Agreement are an estimate of the construction costs for the contract work on the Council Project. The unit prices set forth in the City's construction contract and the final quantities as measured by the City Engineer's designated representatives will govern in computing the total final contract construction cost, including the cost of amendments and change orders as provided in Article VII of this Agreement, for determination of the final Council Project construction and administration costs for reimbursement to the City by Council. 3. All direct payments to the City's contractor for work performed on the Council Project will be made by the City. X. Payment and Record Drawings 1. During construction of the Council Project, the City will submit monthly invoices to the Council. The City's monthly invoices will include a progress report. The Council will pay the City within 30 calendar days after it receives the invoice. If the Council disputes any portion of an invoice, it will give the City notice of the dispute within 14 calendar days after the Council receives the invoice. If the Council disputes any portion of an invoice, the Council will pay the undisputed portion of the invoice within 30 calendar days after receipt of the invoice, and it will pay the remainder of any amount due within 30 calendar days after the dispute is resolved. 2. In the event the calculations show that Council has advanced funds in greater amount than is due the City,the City will refund without interest the amount to Council. 3. Payment by Council will be adjusted by any change orders approved by Council as provided in Section VII of this Agreement. 4. Upon completion of the construction of the Council Project by the City and acceptance of the Council Project by Council, the City will provide to Council (i) both reproducible hard copy and electronic file record drawings of the Council Project and (ii) deliver copies of and assign to Council any warranties of labor or materials for the Council Project. XI. Ownership/Maintenance 1. Upon completion of the construction of the Council Project and acceptance of the Council Project by Council pursuant to this Agreement, the Council Project will become property of the Council and all associated warranties and guarantees provided by the 5 155444v2 Met Council No.22I012 construction contractors and subcontractors associated with the Council Project will become the property of Council. 2. Upon Council becoming the owner of the Council Project, Council will be responsible for operation and maintenance of the Council Project including the connection structure. The City will own and be responsible for the City gravity, up to and including the valve. The Council will grant the City periodic access to the Council connection structure for operational purposes. XII. Liability 1. 1. To the extent authorized by law each party is responsible only for its own acts and the results of its acts. The Council's and City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. 2. The Council and City each warrant that they have an insurance or self-insurance program with minimum coverage consistent with the liability limits in Minnesota Statutes, Chapter 466. Nothing in this agreement is a waiver or limitation of any immunity or limitation of liability by the Council or City. 3. The City will ensure that the construction contract associated with the Council Project includes clauses that: a. require the City's contractor to defend, indemnify, and hold harmless the Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including reasonable attorney's fees, witness fees and disbursements) arising out of or by reason of the acts or omissions of the Contractor, its officers, employees, agents or subcontractors; b. require the contractor to provide and maintain insurance in the amounts specified in the attached Exhibit C,which is incorporated into this agreement, and name the Council as additional insured; and c. require the contractor to be an independent contractor for the purposes of completing the work on the Council Project. XIII. General Provisions All records kept by the Council and City with respect to the Council Project are subject to examination by representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the Council and City under this agreement are governed by Minnesota Statutes, Chapter 13("Act"), and the Minnesota Rules implementing the Act. 2. The City agrees to comply with all laws applicable to the City relating to 6 155444v2 Met Council No. 22I012 nondiscrimination, affirmative action,public purchases, contracting, employment, workers' compensation, and surety deposits required for construction contracts. Minnesota Statutes, Section 181.59 and any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of the Council is considered a part of this agreement. 3. The employees of the parties, and all other persons engaged by each party will not be considered employees of the other party. Each party is solely responsible for all claims arising from its employees including claims under the Worker's Compensation Act,the Minnesota Economic Security Law and all third party claim resulting from an act or omission of an employee. 4. If hazardous wastes,pollutants or contaminants as those terms are defined in law exist on the Combined Project site,the City is responsible for any response or remedial action, monitoring or reporting under the law. The City will apply for and have the Council named as a beneficiary in any no association letters, no action/no further action letters and other environmental regulatory assurances for the site. The City will give the Council copies of any Phase I and Phase II environmental investigations, approved Response Action Plans, and environmental assurance letters naming the Council as a beneficiary. This paragraph survives the termination of this agreement. 5. This agreement is the entire agreement between the parties and supersedes all oral agreements and negotiations between the parties relating to this agreement. All exhibits and attachments to this agreement are incorporated into the agreement. If there is a conflict between the terms of this agreement and any of the exhibits the agreement governs. 6. The provisions of this agreement are severable. If a court finds any part of this agreement void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this agreement.A waiver by a party of any part of this agreement is not a waiver of any other part of the agreement or of a future breach of the agreement. 7. Any modifications to this agreement will be in writing as a formal amendment. 8. This agreement is binding upon and for the benefit of the parties and their successors and assigns. This agreement is not intended to benefit any third-party. 9. Except as otherwise provided for in this agreement,the agreement may be terminated by the mutual agreement of the parties. 10. If a force majeure event occurs, neither party is responsible for a failure to perform or a delay in performance due to the force majeure event. A force majeure event is an event beyond a party's reasonable control, such as unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. 11. Under Minnesota Statutes, Section 16C.05, subdivision 5,the Parties agree that the books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by either Party and the state auditor or legislative auditor, 7 155444v2 Met Council No.22I012 as appropriate, for at least six years from the end of this agreement. 12. A party will send all notices or demands under this agreement either by: a. certified mail; b. e-mail, as long as the recipient acknowledges receipt by e-mail or otherwise in writing; or c. delivered in person to the other party addressed to the following authorized representatives: [Enter Engineer's Name] Title Metropolitan Council Environmental Services City of 390 Robert Street North Address St. Paul, MN 55101-1805 Address 13. The parties will use a dispute resolution process for any unresolved dispute between the parties before exercising any legal remedies. The dispute resolution process is a three level dispute resolution ladder that escalates a dispute from the project management level through the executive management level. At each level of the dispute resolution process, the Parties' representatives will meet and explore resolution until either party determines that effective resolution is not possible at the current level, and notifies the other party that the process is elevated to the next level. The parties designate the following dispute resolution representatives: City Representative Metropolitan Council Representative Level 1 City Administrator Manager Level 2 Community Development Assistant General Manager Director Level 3 City Engineer General Manager, Environmental Services The parties will complete the dispute resolution process in good faith before resorting to any other legal process or remedy. 14. The Council and the City are each authorized to enter into this agreement pursuant to Metropolitan Council Action No. approved on , and City Resolution No. 15-69, approved on 8 1554442 Met Council No. 22I012 15. 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). Each party is signing this agreement on the date stated below that party's signature. METROPOLITAN COUNCIL, A public corporation and political subdivision of the State of Minnesota By: Name, Title Date: CITY OF LINO LAKES A municipal corporation of the State of Minnesota By: Name, Title Date: and Name, Title Date: [The remainder of this page is intentionally blank.] 9 1554442 Met Council No. 22I012 IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written METROPOLITAN COUNCIL, A public corporation and political subdivision of the State of Minnesota By: Name, Title Date: CITY OF A municipal corporation of the State of Minnesota By: Name, Title Date: and Name, Title Date: 10 155444v2 LIST OF EXHIBITS Exhibit A - Project Limits Exhibit B - Cost Estimates Exhibit C - Contractor Insurance Certificate (to be included when construction contract is awarded) Exhibit A Project Limits Exhibit B Cost Estimates Exhibit C Contractor Insurance Certificate