HomeMy WebLinkAbout9C - LSB Lift Station & 2006 Lift Station Prj.
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
FINANCIAL
IMPACT:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MAY 15,2006
9C - 1 AND 2
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION
1. APPROVING THE L58 LIFT STATION CONSTRUCTION COOPERATION
AND RECONVEYANCE AGREEMENT; AND
2. AMENDING THE 2006 LIFT STATION PROJECT PROFESSIONAL
SERVICES AGREEMENT
Introduction
The purpose of this agenda item is to approve the construction cooperation
and reconveyance agreement for Met Council Lift Station L58 and to amend
the professional services agreement for the 2006 Lift Station Project to include
design of L58.
Historv
On December 5, 2005, the City Council approved a resolution authorizing the
Mayor and City Manager to enter into an agreement with the Metropolitan
Council Environmental Services (MCES) for the reconveyance of sanitary
sewer interceptor 7120 from CR 82 to Adelmann Street. Because this
segment of sewer only serves the City of Prior Lake the MCES no longer will
operate it as a regional facility. The City's options in rejecting the turn-back
agreement were very limited; however, the City was able to negotiate several
conditions, which included the upgrade of the existing Lift Station L58 that is
part of the reconveyance to City standards at the MCES's cost.
Current Circumstances
The MCES has submitted a Construction Cooperation and Reconveyance
Agreement for the L58 lift station to the City for approval. This agreement
would require the MCES to pay up to $194,050.00 for upgrade of the lift
station, engineering and administration. The MCES proposal would include
the rehabilitation of lift station L58 in the City's 2006 Lift Station project. This
would allow the City to manage the project and ensure that the lift station is
rebuilt to City standards at MCES cost prior to reconveyance.
Approval of the reconveyance agreement also needs to include amendment of
the 2006 Lift Station Rehabilitation Project professional services contract
previously approved by the Council on January 17, 2006, with AE2S, Inc. from
$33,500.00 to $57,000.00. These costs are associated with project design and
oversight.
The estimated construction cost of $170,550.00 and engineering
administration cost of $23,500.00 would be funded by the MCES. The City of
Prior Lake would have no cost participation under this agreement. All City
R:\Agenda Reports\r,'1ay 15 2006\l'ft
Agenda.dewww. cityofpriorlake. com
Phone 952.447.4230 / Fax 952.447.4245
ALTERNATIVES:
RECOMMENDED
MOTION:
engineering and administrative services required to include this lift station in
the 2006 project are being paid by the MCES.
1. Approve a resolution approving the construction cooperation and
reconveyance agreement for MCES Lift Station L58; and amending the
2006 Lift Station Project professional services contract with AE2S, Inc.
2. Deny this agenda item for a specific reason and provide staff with
direction.
3. Table this item to a certain date in the future.
Alternative #1.
R
k -30yles, City Manager
,
1 b :006'
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
CONSIDER APPROVAL OF A RESOLUTION
1. APPROVING THE L58 LIFT STATION CONSTRUCTION COOPERATION AND
RECONVEYANCE AGREEMENT; AND
2. AMENDING THE 2006 LIFT STATION PROJECT PROFESSIONAL SERVICES AGREEMENT
Motion By:
Second By:
WHEREAS, The City Council approved the reconveyance agreement for Met Council Environmental
Services (MCES) interceptor on December 5, 2007; and
WHEREAS, A condition of City Council approval was the rehabilitation of Lift Station l58 by the
MCES prior to reconveyance; and
WHEREAS, The MCES has agreed to pay for rehabilitation of the L58 as part of the 2006 City of
Prior lake Lift Station Rehabilitation Project in the amount of $194,050.00; and
WHEREAS, The Standardized Contract with AE2S for the 2006 Lift Station Rehabilitation Project
will be amended to increase it from its present amount of $33,500, approved by the
City Council on January 17, 2006, to $57,000, the $23,500 difference covers project
design and oversight; and
WHEREAS, The MCES will pay for the additional engineering and administration costs incurred by
the City for the project;
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Manager is authorized to execute the L58 Cooperation and Reconveyance Agreement with
the MCES as approved.
PASSED AND ADOPTED THIS 15TH DAY OF MAY 2006.
YES
NO
Haugen
Dornbush
Erickson
LeMair
Millar
Haugen
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
R.\Agenda Reports\May 15 2006\Lif1 Station Res.DOC
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
4-04-06
L-58 LIFT STATION IMPROVEMENTS CONSTRUCTION
COOPERATION AND RECONVEYANCE AGREEMENT
This Construction Cooperation and Reconveyance Agreement ("Agreement"), effective on the
date of execution by both of the Parties, is made and entered into by the City of Prior Lake, a
municipal corporation ("Prior Lake") and the Metropolitan Council, a public corporation and
political subdivision of the State of Minnesota (' Met Council"), collectively referred to as the
"Parties" .
BACKGROUND RECITALS
1. Pursuant to Minnesota Statutes ~473.146 the Met Council has adopted a comprehensive
plan for the collection, treatment and disposal of sewage in the Minneapolis-St. Paul
metropolitan area.
2. To implement its comprehensive plan for the collection, treatment and disposal of sewage,
Met Council owns and operates the wastewater treatment and collection facilities including the
sanitary sewer interceptor systems for the Minneapolis-St. Paul, Minnesota region hereinafter
referred to in this Agreement as the "Metropolitan Disposal System".
3. As part of the Metropolitan Disposal System, Met Council owns and operates a Lift Station
identified as L-58 in the City of Prior Lake, the location of which is shown on Exhibit A,
attached hereto and made a part of this Agreement.
4. Pursuant to procedures in Minnesota Statutes 473.5111, on February 9, 2005, Met Council
has determined that L-58, as part of interceptor MSB 7120, is no longer needed to implement
Met Council's comprehensive plan for the collection, treatment and disposal of sewage in the
metropolitan area.
5. Further, on February 9, 2005, Met Council made the following determinations:
. Pursuant to Minn. Stat. 473.5111, subd. 3 and Council actions February 9,2005, Met
Council determines that Interceptor MSB 7120 and Lift Station L-58 are not of regional
benefit. However it is of local benefit and the benefiting unit of government is the City
of Prior Lake.
. Pursuant to Minn. Stat. 473.5111, subd. 3(a) and 4, areas of the pipe are in "good
operating" condition" as that term is defined in Minn. Stat. 473.5111, subd 1.
. Pursuant to Minn. Stat. 473.5111, subd. 4 and 7, those areas of the pipe that are not in
good operating condition will be repaired by Met Council.
. Authorized the General Manager, Environmental Services, to negotiate a Reconveyance
Agreement with the City of Prior Lake.
6. Further, on January 25,2006, Met Council authorized the Regional Administrator to
negotiate and execute a Reconveyance Agreement with the City of Prior Lake for Lift Station L-
58 to rehabilitate/construct the Lift Station L-58 so as to place the facility in good operating
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condition as that term is defined in Minn. Stat. 473.5111, subd. 1.
7. Upon completion of rehabilitation/construction ofL-58, pursuant to Minn. Stat. ~ 473.5111,
Met Council will certify that Lift Station L-58 is in good operating condition pursuant to Minn.
Stat. ~ 473.5111, subd. 6(b)(2) and will transfer title of Lift Station L-58 to Prior Lake in
accordance with the terms of this Agreement.
8. Prior Lake recognizes and agrees with the determinations made by Met Council as stated
above in the Recitals.
9. Further, Met Council has determined that it is in its best interest for Prior Lake to
rehabilitate and construct Met Council Lift Station L-58 Project No. prior to
conveyance of Lift Station L-58 to Prior Lake.
10. The Parties have now reached agreement on the topics and issues related to the rehabilitation,
construction and reconveyance ofL-58 and hereby set forth their Agreement pursuant to their
power and authority under Minn. Stat. 473.510 and 473.5111.
Prior Lake is authorized to enter into this Agreement pursuant to City action Resolution 05-
193 dated December 5, 2005. The Council is authorized to enter into this Agreement pursuant to
Action Item dated January 25, 2006.
I.
Purpose of Agreement
1. The purpose of this Agreement is to set forth the terms and conditions with respect to the
rehabilitation/construction and transfer of Lift Station L-58 ("Lift Station L-58") from Met
Council to Prior Lake. Lift Station L-58 is located as shown on Exhibit A attached hereto and
made a part hereof.
The Parties agree that the purpose of this Agreement is to serve as the agreement governing
transfer of Lift Station L-58 pursuant to Minnesota Statutes ~ 473.5111, subd. 7(b).
2. Met Council will transfer Lift Station L-58 in accordance with the terms of this Agreement.
3. Prior Lake agrees that the Lift Station L-58 is beneficial to Prior Lake as a component of the
local Prior Lake sanitary sewer system and Prior Lake will accept the transfer of Lift Station L-
58 in accordance with the terms of this Agreement.
4. Met Council has determined and Prior Lake agrees that Lift Station L-58 will be in good
operating condition as that term is defined in Minnesota Statutes ~ 473.5111, subd. l(a) "Good
Operating Condition") upon completion of the construction/rehabilitation of Lift Station L-58 as
provided in this Agreement.
Prior Lake hereby waives any right provided by Minnesota Statutes ~ 473.5111 or any other
applicable statute to contest or request a hearing on Met Council's determination that Lift Station
L-58 is in Good Operating Condition subject to the construction/rehabilitation of Lift Station L-
58 as provided in this Agreement.
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or-
II.
Construction Provisions of L-58 Improvements Project
Met Lift Station L-58 Project No. XXXX
1. For purposes of this Agreement, the Met Lift Station L-58 Project that is the subject of this
Agreement is identified as Lift Station L-58 Improvements Project No. XXXXX and consists of
facility Lift Station L-58 details of which are shown on Exhibit B (description of facility)
attached hereto and made a part hereof. For purposes of this Agreement, the Met Council Lift
Station L-58 Project is referred to as "Lift Station L-58 Project".
2. Met Council in connection with the construction of the Lift Station L-58 Project does
hereby appoint Prior Lake as its agent to prepare final construction documents, to advertise for
bids for the work and construction of the Lift Station L-58 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 the Lift Station L-58 Project
designated as the Lift Station L-58 Project.
3. Prior Lake will prepare and submit to Met Council for Met Council's review and approval
the final construction documents which will include plans, specifications, the bidding documents
and a proposed schedule pertaining to the Lift Station L-58 Project hereinafter referred to as
"Construction Documents".
Met Council shall provide design standards and design criteria for interceptor sewer design
and provide peer review during design.
Met Council will not unreasonably withhold approval of the final Construction Documents.
Evidence of Met Council's written approval or consent pursuant to this Paragraph II will be
a letter to Prior Lake from the General Manager of Met Council's Environmental Services
Division ("MCES").
The fmal Construction Documents will be kept on file in the office of the City Engineer,
City of Prior Lake and are made a part hereof with the same force and effect as though fully set
forth herein.
4. Prior Lake will tabulate the bids and submit to Met Council a recommendation for selection
of a bidder and award of contract. Met Council shall have seven (7) days to review the bids and
either accept the bids and Prior Lake's recommendation for selection of a bidder and award of
contract or to reject any or all bids and Prior Lake's recommendation for a bidder and award of
contract. Met Council shall inform Prior Lake in writing of its acceptance or rejection as
provided in the previous sentence. If Met Council rejects any or all bids and/or Prior Lake's
recommended selection of a bidder, Met Council will provide to Prior Lake, in writing, the
reasons for such rejection. Subsequent to rejection of the bids and/or award by Met Council and
if Met Council and Prior Lake mutually agree, Prior Lake may readvertise for bids. Prior to such
readvertisement for bids, Met Council may submit to Prior Lake for inclusion in the Construction
Documents, changes in Met Lift Station L-58 Project which in Met Council's opinion may result
in reasonable bids. Prior Lake agrees to incorporate such changes that are mutually acceptable to
Met Council and Prior Lake into the Construction Documents prior to readvertisement for bids
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for the Lift Station L-58 Project. Immediately upon opening the second set of bids, Prior Lake
and Met Council shall follow the procedure set forth in this paragraph with respect to tabulation
of bids, recommendation for selection of a bidder and acceptance or rejection of bidder by Met
Council. If Met Council again rejects any or all bids and/or the award recommended by Prior
Lake, the provisions of this Agreement with respect to design and construction of the L-58 Lift
Station Project by Prior Lake shall terminate, provided, however, that the following provisions of
this Agreement with respect to Reconveyance of the L-58 Project by Met Council to Prior Lake
shall remain in effect: Sections IV, V, VI, VII, VIII. If the provisions with respect to design and
construction by Prior Lake terminate, Met Council shall pay to Prior Lake the design and
administrative fees actually expended by Prior Lake for the L-58 Project in accordance with the
rerms of this Agreement.
Prior Lake agrees that it will not accept the bid or award the contract until Met Council's
General Manager informs Prior Lake that Met Council has given such approval. If additional
approval is required, Met Council shall consider and make a decision on Prior Lake's
recommendation for bid acceptance in a timely manner not to exceed thirty (30) days from Prior
Lake's notice of recommendation to Met Council of bid acceptance.
5. Prior Lake will administer the contract and inspect the construction of the contract work.
Prior Lake will provide to Met Council monthly construction reports indicating construction
progress and inspection results. The work will be inspected throughout the L-58 Lift Station
Project by Met Council's authorized representative, but Met Council's authorized representative
will not have responsibility for the supervision of the work. If Met Council reasonably
determines that the work has not been properly constructed in accordance with the Construction
Documents, Met Council through its authorized representative shall inform Prior Lake's Project
Engineer in writing of such defects. The term "authorized representative" means the person
designated in writing by the General Manager of Met Council's Environmental Services
Division. Prior Lake shall require its contractor to make the corrections and/or meet the
requirements of the Construction Documents requested by Met Council through its authorized
representative. All work shall be performed in substantial accordance with the approved
Construction Documents. Prior Lake's Project Engineer will inform Met Council in writing of
completion of construction of the Lift Station L-58 Project. Within a reasonable time thereafter,
Met Council will inform Prior Lake in writing either that the Lift Station L-58 Project as
constructed conforms to the Construction Documents approved by Met Council or that the Lift
Station L-58 Project does not conform to the approved Construction Documents. Met Council
will further inform Prior Lake of the specific reasons for non-conformance to the Construction
Documents and what steps, in the opinion of Met Council, must be taken by Prior Lake to make
the Lift Station L-58 Project conform to the Construction Documents. The final decision on
conformance of the Lift Station L-58 Project to the Construction Documents will be made by
Met Council. Evidence of acceptance of the Lift Station L-58 Project will be in writing by letter
from the General Manager of Met Council's Environmental Services Division. Met Council will
not unreasonably withhold acceptance of the Lift Station L-58 Project.
6. Not less than seven (7) days prior to commencement of construction of the Lift Station L-58
Project by Prior Lake, Prior Lake will give written notice to Met Council of it's intention to
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commence construction, said notice to be directed as follows:
Bill Moeller, Assistant General Manager
Metropolitan Council Environmental Services
Regional Maintenance Facility
3565 Kennebec Drive
Eagan, MN 55122
7. Prior Lake will submit any amendments to or material changes in the approved Lift Station
L-58 Project final Construction Documents, including the construction schedule, to Met 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 Met Council's project manager at least five (5) days prior to the implementation
of such change. Prior Lake agrees that it will not proceed with amendment to or changes in the
approved final Construction Documents or construction schedule of the Lift Station L-58 Project
until Met Council has consented to such change in accordance with its procedures and has
approved such change in writing as evidenced by a letter to Prior Lake from Met Council's
authorized representative.
Met Council shall reimburse Prior Lake for design and construction of the L-58 Lift Station
Project as provided in this Agreement in the approximate amount of One Hundred Ninety Four
Thousand Fifty and 00/100 Dollars ($194,050.00) which amount consists of$15,550.00 for
contingency and design, $155,000.00 for construction, $23,500.00 for administration,
engineering and legal costs, all as more specifically shown on Exhibit C attached hereto and
made a part hereof.
The parties agree that the project costs shown on Exhibit C of this Agreement are an
estimate of the design and construction cost of the contract work on the L-58 Lift Station Project
and that the unit set forth in the Contracts with the successful bidders and the final quantities as
measured Met Council's Engineer and its staff shall govern in computing the total final contract
construction costs of the L-58 Lift Station Project. All payments to the contractor for work
performed on the L-58 Lift Station Project will be made by Prior Lake and Met Council will
reimburse Prior Lake in accordance with the terms of this Agreement.
8. During construction, Prior Lake shall submit to Met Council the cost of the partial design
and construction work performed by the Contractor. Upon receipt of the cost, Met Council shall
reimburse Prior Lake the cost of the partial work performed in the amount submitted by Prior
Lake. Met Council shall make such payment within 30 days of receipt of the cost from Prior
Lake, unless such cost(s) is contested by Met Council in which case Met Council shall pay such
cost(s) upon resolution of the contested item or items.
9. Upon substantial completion of the work, Prior Lake shall prepare an updated revised
estimate of design and construction costs that will be based upon the contract unit prices and the
actual units of work performed and submit a copy to Met Council. The administrative costs to be
paid to Prior Lake by Met Council shall be based on this estimated final construction. Prior Lake
shall add to Met Council's estimated final design and construction costs, the construction
administrative costs, the costs of supplemental agreements, if any, and deduct Met Council funds
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previously advanced for the L-58 Lift Station Project by Met Council. Met Council shall make
such payment within 30 days of receipt of the cost from Prior Lake together with written
evidence from Prior Lake of payment to the Contractor by Prior Lake for the L-58 Lift Station
Project, unless such cost(s) is contested by Met Council in which case Met Council shall pay
such cost(s) upon resolution of the contested item or items.
In the event the calculations show that Met Council has advanced funds in greater amount
that is due Prior Lake, Prior Lake shall refund without interest the amount to Met Council.
10. Payment by Met Council as provided above in this Section shall be adjusted by any change
orders approved by Met Council as provided in Section II, Paragraph 7 of this Agreement.
The total obligation of Met Council for all compensation to Prior Lake under this
Agreement shall not exceed One Hundred Ninety Four Thousand and Fifty Dollars.
($194,050.00).
III.
Entry Upon Property
For purposes of construction of the L-58 Lift Station Project, Prior Lake may enter upon the
property or property interests owned by Met Council in conjunction with design and construction
of the L-58 Lift Station Project.
Prior Lake shall apply for and secure any regulatory permits and approvals applicable to the
L-58 Lift Station Project.
IV.
All records kept by Met Council and Prior Lake with respect to Met L-58 Lift Station
Project shall be subject to examination by the representative of each party hereto. Upon
completion of the construction of Met L-58 Lift Station Project by Prior Lake and acceptance of
the Project by Met Council as provided in this Agreement, Prior Lake shall provide Met Council
a complete set of reproducible record drawings.
All data collected, created, received, maintained or disseminated for any purpose by the
activities of Prior Lake and Met Council pursuant to this Agreement shall be governed by
Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act
now in force or hereinafter adopted.
V.
All employees of Prior Lake and all other persons engaged by Prior Lake in the performance
of any work or services required or provided for herein to be performed by Prior Lake 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
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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.
VI.
Each party agrees that it will be responsible for its own acts and the results thereof to the
extent authorized by the law and shall not be responsible for the acts of the other party and the
results thereof. Prior Lake's and the Council's liability is governed by the provisions of
Minnesota Statutes Chapter 466.
Prior Lake and the Council each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance of self insurance program and
have minimum coverage consistent with the liability limits contained in Minnesota Statutes
Chapter 466.
Prior Lake further agrees that any contract let by Prior Lake for the performance of the L-58
Lift Station Project as provided herein shall include clauses that will: I) require the contractor to
defend, indemnify, and save harmless the Council, its officers, agents and employees from
claims, suits, demands, damages, judgments, costs, interest, expenses, including, without
limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof
arising out of or by reason of the negligence of said contractor, its officers, employees, agents or
subcontractors; 2) require the contractor to provide and maintain insurance as required in the
contract documents between Prior Lake and the contractor and to provide the Council, also as
required in the contract documents between Prior Lake and the contractor, with Certificates of
Insurance naming the 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;
and (4) provide a provision that requires the contractor to make prompt payment to
subcontractors and required lien waivers prior to project closeout.
VII.
Reconveyance of Lift Station L-58
1. Nothing in this Agreement shall be construed to modify or limit any statutory authority or
legal obligations or responsibilities of Met Council. Specifically, and without limitation, nothing
in this Agreement shall be deemed to modify or limit Met Council's review authority over Prior
Lake's plans under Minnesota Statutes ~~ 103D.401, 103D.405, or 473.165, or other applicable
law.
2. Upon completion of the rehabilitation/construction of the Lift Station L-58 Project by Prior
Lake in accordance with the terms of this Agreement, Met Council will certify, pursuant to
Minnesota Statutes ~ 473.5111, subd. 6(b)(2) that Lift Station L-58 is in Good Operating
Condition.
If pursuant to Section II of this Agreement, the design and construction provisions of this
Agreement terminate, Met Council may itself perform the rehabilitation/construction of the Lift
Station L-58 Project in accordance with the Construction Documents approved by Met Council
for the Lift Station L-58 Project under this Agreement.
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Upon completion of the rehabilitation/construction of the Lift Station L-58 Project by Met
Council in accordance with the construction documents, Met Council will certify, pursuant to
Minnesota Statute ~ 473.5111, subd. (6)(b)(2) that Lift Station L-58 is in Good Operating
Condition.
If Met Council does not certify Lift Station L-58 to be in Good Operating Condition, Prior
Lake has no obligation to accept transfer of Lift Station L-58.
3. Prior Lake agrees that upon completion of the rehabilitation/construction of the Lift Station
L-58 Project in accordance with the terms of this Agreement Lift Station L-58 will be in Good
Operating Condition. Further, Prior Lake waives any right provided by Minnesota Statutes ~
473.5111 or any other applicable statute to contest or request a hearing on Met Council's
certification that Lift Station L-58 is in Good Operating Condition.
4. Immediately upon certification by Met Council that Lift Station L-58 is in Good Operating
Condition as provided in this Section VII, Met Council shall transfer to Prior Lake, at no cost to
Prior Lake, and Prior Lake shall accept the transfer of Met Council's interest in Lift Station L-58
and Met Council's interest in any associated property subject to Section II of this agreement.
Met Council shall transfer and Prior Lake shall accept by such transfer in "as is" condition
by means of a Bill of Sale for Met Council's interest in Lift Station L-58 and a Quit Claim Deed
for any property rights Met Council has for Lift Station L-58 with the Lift Station L-58.
Prior Lake acknowledges that any rights transferred by Met Council to Prior Lake are
subject to existing easements and rights-of-way for highways, roads, railroads, pipelines, canals,
laterals, ditches or electric or telephone lines previously granted by Met Council or by any other
party or parties.
5. Subsequent to transfer of Lift Station L-58 to Prior Lake, Prior Lake shall have full and sole
liability and responsibility for operation and maintenance of Lift Station L-58.
VIII.
General Provisions
1. Applicable provisions of Minnesota State law, federal law and of any applicable local
ordinances relating to Civil fRights and discrimination of the Affirmative aAction Policy
statements
of Prior Lake and Met Council shall be considered a part of this Agreement as though fully set
forth herein. Specifically, Prior Lake agrees to comply with all federal, state and local applicable
laws and ordinances relating to nondiscrimination, affirmative action, public purchases,
contracting employment, including worker's compensation and surety deposits required for
construction contracts. Prior Lake agrees to request payment of state labor wage information
from its contractor and provide such information to Met Council.
2. 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. All items referred to in this Agreement are incorporated or
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attached and 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.
3. 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 party as a waiver of a subsequent breach of the same
by the other party.
4. All records kept by Met Council and Prior Lake with respect to this Agreement shall be
subject to examination by the representatives of each party hereto and the State Auditor, and its
representatives. All data collected, created, received, maintained or disseminated for any
purpose by the activities of Prior Lake and Met Council pursuant to this Agreement shall be
governed by Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules
implementing such Act now in force or hereafter adopted.
5. Each party will be solely responsible for its own acts and omissions and the results thereof to
the extent permitted by law.
6. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
7. Any notice or demand, which mayor must be given or made by a party hereto, under the
terms 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
c/o William Moore, General Manager, Wastewater Services
Mears Park Centre
230 East Fifth Street
St. Paul, MN 55101-1634
City Administrator
City of Prior Lake
16776 Fish Point Road S.E..16200 Eagle Creek }..venue E.E.
Prior Lake, MN 55372-1714
8. This Contract is entered into in and under the laws of the State of Minnesota and shall be
interpreted in accordance therewith.
9. If a dispute should arise between Met Council and Prior Lake with respect to this Agreement
or any of its provisions, Met Council and Prior Lake agree to attempt to resolve such dispute
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through the use of a mediator mutually acceptable to Met Council and Prior Lake prior to
initiation of any legal action on the part of Met Councilor Prior Lake with respect to this
Agreement, any of its provisions and/or its enforcement. The costs of such mediation shall be
shared equally by the parties.
10. Met Council's project manager is:
William Moeller, Assistant General Manager, Interceptor Services
or his designee
Metropolitan Council Environmental Services
Prior Lake's project manager is:
Steve Albrecht or his designee
Public Works Director
City of Prior Lake
11. The Recitals to this Agreement are incorporated herein and made a part hereof.
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF PRIOR LAKE
Approved as to form:
Bv
Prior Lake City Attorney
Its
METROPOLITAN COUNCIL
Approved as to form:
Bv
Office of General Council
Its
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EXHIBITS
EXHIBIT A - Location ofL-58 Lift Station
EXHIBIT B - Details of Lift Station L-58 Project
EXHIBIT C - Lift Station L-58 Project Costs
City of Prior Lake
MCES L-58 Lift Station Opinion of Probable Construction Cost 2/28/2006
Estimated
Item Diameter Quantity Unit Unit Cost Tax Install O&P Total Cost
1 Lift Station Wet Well
Aluminum Hatch 1 LS $1,000.00 1.065 1.3 1.15 $1.600.00
Grout 1.5 CY $200.00 1 1.3 1.15 $400.00
Top Slab 1 EA $900.00 1.065 1.3 1.15 $1,400.00
Install
Pump/Equipment
Guide Rails Etc LS $8,500.00 1.15 $9,800.00
Wet Well Total = $13,200.00
2 Valve Manhole
VM Excavation 226 CY $5.00 1 1 1.15 $1,300.00
VM Backfill 181 CY $5.00 1 1 1.15 $1,000.00
6'MH 6 12 LF $400.00 1.065 1.3 1.15 $7,600.00
Grout 3.0 CY $200.00 1 1.3 1.15 $900.00
Base slab 1 EA $1,000.00 1.065 1.3 1.15 $1,600.00
Top slab 1 EA $900.00 1.065 1.3 1.15 $1,400.00
Alum Hatch 1 LS $1,000.00 1.065 1.3 1.15 $1,600.00
Pipe Supports 2 EA $250.00 1.065 1.3 1.15 $800.00
Valve Manhole
Total = $16,200.00
3 Piping and Misc.
Forcemain 6 30 LF $28.50 1.065 1 1.15 $1,000.00
DIP Discharge Piping 6 70 LF $35.00 1.065 1.3 1.15 $3,900.00
DIP Drain Piping 3 20 LF $25.00 1.065 1.3 1.15 $800.00
Swing Check Valve 6 2 EA $875.00 1.065 1.3 1.15 $2,800.00
Gate Valve 6 2 EA $450.00 1.065 1.3 1.15 $1,400.00
Flange Coupling
Adaptor 6 2 EA $350.00 1.065 1.3 1.15 $1,100.00
Megalug 6 6 EA $50.00 1.065 1.3 1.15 $500.00
Link Seal 6 6 EA $200.00 1.065 1.3 1.15 $1,900.00
Misc. Fittings 6 450 LBS $3.00 1.065 1.3 1.15 $2,100.00
Piping and Misc.
Total = $15,500.00
4 Electrical
Electrical Work LS $8,500.00 1.15 $9,800.00
I nstrblmentration Instrumentation
and Controls LS $17,500.00 1.15 $20,100.00
Power EA $3,500.00 1.15 $4,000.00
Standby Power EA $20,000.00 1.15 $23,000.00
Electrical Total = $56,900.00
Estimated
Item Diameter Quantity Unit Unit Cost Tax Install O&P Total Cost
5 Site Work
Dewatering 1 LS $0.00 1 1 1.15 $0.00
Concrete Pads 400 SF $8.00 1 1 1.15 $3,700.00
Aggregate 25 CY $20.00 1 1 1.15 $600.00
Grading 1 LS $1,500.00 1 1 1.15 $1,700.00
Sod 250 SY $3.50 1 1 1.15 $1,000.00
Bollards 4 EA $350.00 1 1.3 1.15 $2,100.00
Site Work = $9,100.00
6 Removals
Equipment 1 LS $3,500.00 1.15 $4,000.00
Dry Well 1 LS $7,500.00 1.15 $8,600.00
Sand Fill 25 CY $20.00 1.15 $600.00
Concrete Slab 300 SF $5.00 1.15 $1,700.00
Electrical 1 LS $2,000.00 1.15 $2,300.00
Fencing 90 LF $7.00 1.15 $700.00
Removals = $17,900.00
7 Equipment
Pumps LS $13,500.00 1.15 $15,500.00
D153 Controller LS $3,600.00 1.15 $4,100.00
CB1T Backup
Controller LS $900.00 1 1 1.15 $1,000.00
A 1000 Transducer LS $1,800.00 1 1 1.15 $2,100.00
Omni Site LS $3,000.00 1 1 1.15 $3,500.00
Equipment = $26,200.00
SUBTOTAL $155,000.00
CONSTRUCTION
COST $155,000.00
ELA $23,500.00
TOTAL COST $178,500.00
Item
Construction Cost
Contingency (Undeveloped Design Details)
Engineering, Administrative and Legal
(includes Prior Lake Admin)
Total Sum
EXHIBIT C
Cost
$155,000.00
$ 15,550.00
$ 23,500.00
$194,050.00