Loading...
CR 97-106 Approve Construction Cooperation Agreement- Met Council Environmental Services, Lift Station 5 , v o . May 29,1997 ~ .y " o P K \ ~ Council Report 97-106 Approve Construction Cooperation Agreement - Metropolitan Council Environmental Services (MCES), Lift Station #5 Proposed Action. Staff recommends adoption of the following motion: Move that Council aporove the proposed Construction Cooperation Agreement for construction related to the Lift Station #5 replacement proiect between the City of Hopkins and the Metropolitan Council. Overview. Included in the Lift Station #5 project are a meter vault, meter and controls required by MCES. lbis equipment is needed by MCES to measure sewage flow from the lift station. The proposed cooperative agreement dictates the terms of MCES construction and engineering cost reimbursement to the City. The Met Council will reimburse the City for the construction bid items attributed to the flow meter and pipe installation ($15,250) and prorated engineering fees ($2,745). These costs are based on the contractor bids for these construction items. Upon completion of the project, all maintenance, repair or replacement of these items is MCES responsibility. Primary Issues to Consider. . Staff Recommendation Staff recommends approval of the construction cooperative agreement as submitted. Supporting Information. . Construction Cooperation Agreement Steven J. Stadler, Public Works Director CONSTRUCTION COOPERATION AGREEMENT This Agreement, made and entered into this 3rd day of June, 1997 by and between the City of Hopkins, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as "Hopkins") and the Metropolitan Council (hereinafter referred to as "Council"). WITNESSETH RECITALS 1. Pursuant to its Resolution No. 97-64 passed by the City Council on June 3rd, 1997. , Hopkins has authorized construction of its Lift Station NO.5 and intends to start construction QfLift Station No.5 on or about August I, 1997 For purposes of this Agreement, the construction of Lift Station No.5 by Hopkins is referred to as the , "Hopkins Project". 2. Council, as part of its metropolitan wastewater treatment facilities, owns a meter vault and control enclosure at Hopkins Lift Station No.5. 3. Council has determined that it must reconstruct its meter vault and control enclosure at Hopkins Lift Station No.5. Council has further determined that Council could best utilize its staff and financial resources by providing for reconstruction of its meter vault .and cOl)trol enclosure to be done by Hopkins as part of its Lift Station No.5 project. For purposes of this Agreement, the reconstruction of the Council's meter vault and control enclosure at Hopkins Lift Station No.5 is referred to as the "Council Project." 4. Council is authorized by Minnesota Statutes S 473.504 to construct any interceptor or treatment works determined to be necessary or convenient for the collection . and disposal of sewage in the metropolitan area and to contract with any local government for the performance on Council's behalf of any service. Council Project is included in Council's 1996-2000 Capital Improvement Plan and 1996 capital budget expenditures are authorized under Council's Program 960508. 5. Hopkins is authorized by Minnesota Statutes S 471.59 to construct a sanitary sewer interceptor facility and is authorized by Minnesota Statutes S 471.59 to enter into this Agreement. 6. A Metropolitan Council Environmental Services engineer's estimate of quantities and unit prices of material and labor for the Council's meter vault and control enclosure i has been prepared and a copy of said estimate is attached to and made a part hereof as Exhibit A. 7. NOW, THEREFORE, for mutual valuable consideration, the sufficiency of which has been agreed to by the plfrties, Council and Hopkins agree as follows: I. Council hereby consents to the construction of Council project by Hopkins subject to the performance of Hopkins of the considerations listed in this Agreement. - 2- II. 1. Hopkins will prepare and submit to Council for Council's review and approval the final construction documents which will include plans, specifications and a proposed schedule pertaining to the Council Project (Hereinafter referred to as "Construction Documents"). Council will not unreasonably withhold approval of the final Construction Documents. 2. The final Construction Documents will show the proposed constructiDn schedule and will provide that: a. Council will purchase the magnetic flow meter and provide it to Hopkins' contractor. b. Council will furnish a Remote Telemetry Unit ("RTU") and control enclosure to Hopkins' contractor for mounting. During the duration ofthe Council Project, Council will estimate and Hopkins agrees to pay for Hopkins' flow based upon Hopkins' past flow records and accepted Council procedures. III. 1. The Council in conn~ction with the construction of the Council Project, does hereby appoint Hopkins as its agent to prepare final construction documents, to advertise for bids for the work and construction of the Council Project, receive and open bids, pursuant to said advertisement and enter into a contract with a successful bidder at the unit prices specified in the bid of such bidder, and to construct Council Project in accordance with plans and specifications designated as Council Project which construction - 3 - documents are a part of Hopkins' construction documents for its Sanitary Sewer Lift Station No.5 Replacement, Hopkins Project 96-02 which are on file with the City of Hopkins, Department of Public Works, 1601 Second Street South, Hopkins, MN 55343. Said construction documents are made a part hereof with the same force and effect as though fully set forth herein. Attached hereto, marked Exhibit "B", and made a part hereof, are selected detailed plan sheets showing all aspects of the meter vault and control enclosure to be accomplished as the Council Project. 2. Hopkins shall include in the bidding documents a line item for construction of the Council Project stated on the bid fonn as follows: Total Bid Est. Unit Estimated Item No. Item Unit ...Q!L Price Price Meter Vault L.S. 1.00 * * * * 6" DJ.P. Class 53 Forcemain L.F. 15.00 feet *** Install Meter R. T. V. Enclosure w/Conc. Pad L.S. 1.00 * * * * Electrical for MCES Metering Station L.S. 1.00 * * * * 3. Notwithstanding the previous paragraphs, immediately upon receipt and opening of bids by Hopkins for construction of the Hopkins Project and the Council Project, - 4- Hopkins will tabulate the bids and submit a recommendation for selection of a bidder and award of contract to Council. Council shall have seven (7) days to review the bids and either accept the bids and Hopkins' recommendation for selection ofa bidder and award of contract or to reject any or all bids and Hopkins' recommendation for a bidder and award of contract. Council shall infonn Hopkins in writing of its acceptance or rejection as provided in the previous sentence, If Council rejects Hopkins' recommended selection ; of a bidder and recommended award of contract in accordance with this paragraph, Hopkins may, at its option, proceed with the award of a contract for the Hopkins Project only. If Council rejects Hopkins' recommendation for selection ofa bidder, this Agreement shall tenninate and become null and void. IV. , Hopkins will administer the contract and inspect the construction of the contract work included in the Council Project. The work may be inspected periodically throughout the Council Project by the Council's authorized representative, but Council's authorized representative will not have responsibility for the supervision of the work. If the Council reasonably detennines that the work has not been properly constructed in accordance with the construction documents, the Council through its authorized representative shall infonn the Hopkins's Project Engineer in writing of such defects. The tenn "authorized representative" means the person designated in writing by the General Manager of the Wastewater Services Department of the Council's Environmental Services Division. Hopkins shall require its Contractor to make the corrections - 5 - and/or meet the requirements of the construction documents requested by Council through its authorized representative. All work shall be perfonned in substantial accordance with the approved construction documents. Hopkins's Project Engineer will infonn Council in writing of completion of construction of the Council Project. Within a reasonable time thereafter, Council will infonn Hopkins in writing either that the Council Project as constructed confonns to the construction documents approved by Councilor that the Council Project does not confonn to the approved construction documents. Council will further infonn Hopkins of the specific reasons for non-confonnance to the construction documents and what steps, in the opinion of Council, must be taken by Hopkins to make the Council Project confonn to the construction documents. The final decision on confonnance of the Council Project to the construction documents will be made by Council. Evidence of acceptance of the Council Project 'will be in writing by letter from Council's General Manager of the Office of Wastewater Services of the Council's Environmental Division. Council will not unreasonably withhold acceptance of the Council Project. v. Not less than seven (7) days prior to commencement of the Council Project by Hopkins, Hopkins will give written notice to Council of its intention to commence construction, said notice to be directed as follows: General Manager - Wastewater Services Metropolitan Council- Wastewater Services Mears Park Centre 230 East 5th Street St. Paul, MN 55101 - 6- VI. Hopkins will submit any amendments to or material changes in the approved Council Project final construction documents, including the construction schedule, to the Council for review and approval, which approval will not be unreasonably withheld. Such amendments to the approved final construction documents and/or changes in the construction schedule must be submitted to Council's project manager at least seven (7) days prior to the implementation of such change. Hopkins agrees that it will not proceed with amendment to or changes in the approved final construction documents or construction schedule of the Council Project until the Council has consented to such change in accordance with its procedures and has approved such change in writing as evidenced by letter to Hopkins from Council's authorized representative. VII. The Council shall reimburse Hopkins for the construction ofthe Council Project. An estimated itemization of reimbursement on the costs is set forth in said Exhibit "A" attached hereto. Upon acceptance of the Council Project by Council in accordance with Paragraph IV of this Agreement, Council shall reimbrrse Hopkins for the construction of the Council Project in the amount of the actual bid item for the Council Project adjusted by any change orders authorized pursuant to Paragraph VI of this Agreement. As of the date of this Agreement, the cost of the Council Project is estimated to be $20,000.00 for construction plus 18% of the estimated cost of the construction of the Council Project for engineering and administrative costs. It is further agreed that the project costs shown on Exhibit A ofthis' Agreement are an estimate of the - 7- construction cost for the contract work on said project. The unit prices set forth in the contract with the successful bidder and the final quantities as measured by Hopkins' Engineer and its staff shall govern in computing the total final contract construction cost for apportioning the cost of said project according to this paragraph. All direct payments to the Contractor for work performed on said project will be made by Hopkins. VIII. Council will reimburse Hopkins in the amount provided in paragraph VII of this Agreement upon completion of the Council Project and acceptance of the Council Project by Council in accordance with the terms of this Agreement and submittal to Council of Hopkins's Engineer's Final Estimate for the Council Project and an invoice showing Council's final share in the costs for the project, and evidence of payment by Hopkins to its contractor for the Council Project. The Council shall have forty five (45) days from the receipt of said invoice to review and contest the amount due. The amount due shall be final, binding and conclusive upon expiration of the aforesaid forty-five day examination period unless Council has contested-the amount pursuant to this paragraph. In the event the Hopkins' Engineer or his staff determines the need to amend the contract with a supplemental agreement or change order in accordance with paragraph IV of this Agreement which results in an increase in the contract amount, the Council hereby agrees to remit Council's share as documented in the supplemental agreement or change order upon completion - 8 - of the Council Project and acceptance of the Council Project by Hopkins in accordance with the tenns of this Agreement and submittal to Council of Hopkins's Engineer's Final Estimate for the Council Project showing Council's final share in the supplemental agreement or change order. IX. For purposes of construction of the Hopkins and Council Projects, Hopkins may enter upon the property or property interests owned by Council in conjunction with construction of the Hopkins Lift Station No.5 Project and the Council Project meter vault and control enclosure. Further, Hopkins will obtain in accordance with the Unifonn Real Property Acquisition and Relocation Act and will bear all costs for obtaining all easements, if any, and applicable pennits necessary for the Council Project. Upon completion of construction of the Council Project and acceptance of the Project by Council pursuant to this Agreement, Hopkins will , transfer such easements and pennits to Council. x. Hopkins's Engineer will prepare monthly progress reports as provided in the approved final construction documents for tht; Council Project and will furnish a copy to the Council's authorized representative. XI. All records kept by the Council and Hopkins with respect to this Council Project shall be subject to examination by the representative of each party hereto. Upon completion of the construction of the Council Project by Hopkins and acceptance of the Project by Council as - 9- provided in this Agreement, Hopkins shall provide Council a complete set of construction drawings of the Council Project on mylar and red line drawings prepared by the contractor. XII. Upon completion of the construction of the Council Project and acceptance of the Project by Council pursuant to this Agreement, the Council Project and all associated warranties and guarantees provided by the construction contractors and subcontractors associated with the Council Project shall become the property of the Council and all maintenance, restoration, repair or replacement required thereafter shall be performed by Council.. XIII. All employees of Hopkins and all other persons engaged by Hopkins in the performance of any work or services required or provided for herein to be performed by Hopkins shall not be considered employees of the Council, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the state of Minnesota 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 on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. XIV. Hopkins agrees to defend, indemnity, and hold harmless Council, its members, officers, agents, and employees (and duly authorized volunteers) from any liability, claims, causes of - 10- action, judgments, damages, losses, costs, or expenses, including reasonable attomey's fees, resulting directly or indirectly from any act, omission, and/or product of Hopkins, its officers, agents, employees (and duly authorized volunteers), or contractors, or anyone whose act, omission, and/or product any of them may be liable for in the performance of the services required by this agreement, and against all loss by reason of the failure of Hopkins to perform fully, in any respect, all obligations under this Agreement. Hopkins further agrees that any contract let by Hopkins for the performance of the Council Project as provided herein shall include clauses that will: 1) require the Contractor to defend, indemnity, and save harmless Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees and disbursements incurred in the defense thereat) arising out of or by reason of the negligence ofthe said Contractor, its officers, employees, agents or subcontractors; 2) require the Contractor to provide and maintain insurance as required in the contract documents between Hopkins and Contractor and to provide Council, also as required in the contract documents between Hopkins and Contractor, with Certificates ofInsurance naming Council as additional insured; and 3) require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. XV. It is understood and agreed that the entire Agreement between parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties - 11 - relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVI. Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, Hopkins agrees to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, affirmative action, public purchases, contracting, employment, including workers' compensation and surety deposits required for construction contracts. XVII. 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. One or more waivers by said party of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. - 12- . XVIII. I - The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. XIX. This contract is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. xx. Any notice of demand, which mayor must be given or made by a party hereto, under the teffils of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES DMSION - WASTEWATER SERVICES DEPARTMENT c/o William Moore, Director ofEngineeringlConstruction Mears Park Centre 230 East 5th Street St. Paul, MN 55101 CITY OF HOPKINS - 13 - IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers of the day and year first above written. CITY OF HOPKINS By Its Date Approved as to Form: METROPOLITAN COUNCIL By Its Date Approved as to Form: HOPKINSC.DOC - 14- \.' EXnffiIT A Item Estimated Cost Meter Vault Installed Plug Valve Piping Electrical RTU Pad Utility Charges $12,000 1,000 3,000 2,000 1,000 1. 000 Total $20,000 Engineering and Administrative costs (18% of Construction Costs) Metropolitan Council Environmental Services will furnish the meter and the pedestal mounted controllRTU cabinet to the contractor for mounting.