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HomeMy WebLinkAbout2003 07-23 CCP Special Session AGENDA CITY COUNCIL SPECIAL MEETING July 23, 2003 5:00 P.M. City Council Chambers 1. Consideration of agreement for billing services related to discharge of dewatering for construction activities on Highway 100 2. Adjourn AGREEMENT THIS AGREEMENT is made this _ day of , 2003, by and between the City of Brooklyn Center, a Minnesota municipal corporation ( "City"), Ames Construction, Inc., a corporation ( "Ames "), and the State o Minnesota, acting through its Commissioner of Transportation (MnDOT); WITNESSETH: WHEREAS, the Minnesota Department of Transportation ( "MnDOT ") is reconstructing a portion of Trunk Highway 100 through the City of Brooklyn Center (the "Project ") under contract with Ames; and WHEREAS, the Project includes the construction of underground utilities that will require temporary dewatering of the trench during construction; and WHEREAS, water from the dewatering operations may contain contaminants or pollutants and therefore may not be discharged into the storm drainage system of the City; and WHEREAS, MnDOT has therefore secured from the Metropolitan Council, Environmental Services Division ( "MCES ") a permit to discharge water from the dewatering operations into a Metropolitan Council interceptor pipe in the City of Brooklyn Center (the "MCES Permit "); and I CLLr234874v1 BR291- 4 WHEREAS, Ames and MnDOT wish to contract with the City of Brooklyn Center to allow pumping of the water from the dewatering operations into the MCES interceptor pipe in the City of Brooklyn Center; and WHEREAS, the City is willing to allow such water to be pumped into the interceptor on the terms and conditions hereinafter set forth; NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. The City consents to allow pumping of water from its dewatering operations into the interceptor of MCES within the City of Brooklyn Center in accordance with the requirements and limitations of the MCES Permit and this Agreement. 2. The City will invoice Ames, with a copy to MnDOT, for sewer charges at the rate of $1.65 per 1,000 gallons. This rate may be increased by the City in the event of an increase in rates charged by MCES to the City. Ames will comply in all respects with all requirements of the MCES Permit. Volume measurement for purposes of determining compliance with the MCES Permit and all other purposes shall be made by, or meet the requirements of, the MCES. CLL-234874v1 2 BR291 -4 3. The City may require that pumping of water into the interceptor i tY Y q P p g e be terminated p pipe immediately at any time, upon the order of the City Engineer for violation of any requirements of the MCES Permit, or this Agreement, or at any time the City Engineer determines, in his absolute and sole discretion, that such pumping may adversely affect the public health, safety and welfare. Ames will notify the City Engineer of names and telephone numbers of contact persons who will be available on a 24 -hour basis, during the entire period of pumping, who may be notified that pumping operations must terminate. In the event of an emergency, or if the City Engineer is unable to contact such persons, the City Engineer may turn off or disconnect pumping equipment in accordance with instructions for turning off such systems given to the City Engineer by Ames before the commencement of pumping. The City will incur no liability to Ames, or to any other party for turning off such pumping equipment or requiring Ames to do so, and Ames will defend, indemnify and hold the City harmless from any claims arising therefrom in accordance with paragraph 5 hereof. 4. Sewer charges for the discharge into the City's sanitary sewer system will be billed by the City of Brooklyn Center to Ames on a monthly basis. Amounts billed are due no later than the 15 day of the month following the month of service. Payments not received by the 15' day of the month shall bear interest at the rate of 1% per month on the unpaid balance, until paid. CLL- 234874v1 3 BR291 -4 5. Ames will defend, indemnify and hold the City its officers, agents and employees harmless from any and all claims, charges, penalties, actions, causes of action or demands of any kind or nature whatsoever for damages to property, death, or injury, including direct, consequential and incidental damages, whether foreseen or unforeseen, or for any violation of law or liability imposed by law including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. Section 9601, et sea. and the Minnesota Environmental Response and Liability Act, Minnesota Statutes, Sections 115B.01 to 115B.24 ( "MERLA ") arising directly or indirectly from the discharge of water by Ames into the MCES interceptor or action or inaction of the City, its officers, agents and employees in connection with this Agreement. 6. Ames will provide to the City evidence of contractors' liability insurance or other liability insurance that includes contract liability coverage for the obligations set forth in this Agreement, in an amount of at least $2,000,000. Such policy shall name the City as additional insured and shall provide that the policy may not be canceled or terminated without first giving the City 30 days' prior written notice. 7. In addition to the foregoing, Ames will provide to the City a cash deposit in the amount of $200,000 to secure performance with all requirements of this Agreement. Such deposit shall not bear interest and will be used only for the purpose of paying costs incurred by the City in enforcement of this Agreement or satisfying the obligations of Ames hereunder in the event of default by Ames. Any unused portion CLL- 234874v1 4 BR291 4 thereof will be returned to MCES upon satisfactory completion of its obligations under this Agreement. 8. This Agreement may not be assigned by either parry without prior written consent of the other. 9. All notices required to be sent by this Agreement shall be deemed complete when placed in the United States Mail, postage prepaid, and addressed as follows: If to the City: City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 If to Ames: CLL- 234874v1 5 BR2914 10. MnDot agrees that the City is a third parry beneficiary of its supplemental agreement No. 3 between Ames and MnDOT, a copy of which is attached hereto and hereby made a part hereof, and agrees that all liquidated damages due from Ames under said Supplemental Agreement No. 3 will be collected by MnDOT and remitted to the City. 11. This Agreement may not be amended except in writing executed by duly authorized representatives of all parties. CITY OF BROOKLYN CENTER By: Its Mayor And by: Its Manager AMES CONSTRUCTION, INC. By: Its And by: Its CLL- 234874v1 6 BR291 -4