HomeMy WebLinkAbout07H Minnesota Pollution Control Agency Joint Powers Agreement
Joint Powers Agreement
State of Minnesota
Doc Type: Contract
\[i-admin9-45 -- Rev. 10/13/16\]
SWIFT Contract No.: 0000000000000000000127950
PO No.:
AI #:
This Agreement is between the State of Minnesota, acting through its Commissioner of the
Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155 ("State" or
"MPCA") and The City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove, MN 55016
("Contractor" or “City” or "Local Governmental Unit" (LGU)).
Recitals
1.Under Minn. Stat. §§ 15.061 and 471.59, subd. 10, the State is empowered to engage such
assistance as deemed necessary.
2.Under MERLA 115B.20, subd. 2(6), MPCA has the authority to reimburse the City of Cottage Grove
for construction of temporary water treatment systems, and for start-up and operational costs for
each of the temporary treatment systems until such time as a permanent well treatments systems
are in place and operational.
3.The State is in need of the Temporary Well Treatment System Construction and Operation Project
("Project"), described in Attachment A.
4.The LGU represents that it is duly qualified and agrees to perform all services described in this
Agreement to the satisfaction of the State.
Agreement
1.Term of Agreement
Effective date: January 1, 2018, or the date the State obtains all required signatures under
1.1
Minn. Stat. § 16C.05, subd. 2, whichever is later. All terms of this agreement between the LGU
and the MPCA will begin when this Agreement is fully executed and the LGU has been notified
by the State's Authorized Representative of the effective date. The MPCA will reimburse costs
incurred by the City since the MPCA’s Declaration of Emergency was issued on May 22, 2017, in
accordance with Minn. Stat. 115B.20, sub. 2(6) and as outlined in Attachment A.
1.2Expiration date: June 30, 2019 or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
1.3Survival of terms: The following clauses survive the expiration or cancellation of this
Agreement: Liability; State Audits; Government Data Practices and Intellectual Property;
Publicity and Endorsement; Governing Law, Jurisdiction, and Venue.
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2.LGU's duties
The LGU, who is not a state employee, will conduct the Project and follow the Budget for the said
Project as specified in Attachment A, which is attached and incorporated into this Agreement. No
terms or conditions of the LGU's proposal will be construed to modify, diminish, or derogate the
terms and conditions of this Agreement.
3.Time
The LGU must comply with all the time requirements described in this Agreement. In the
performance of this Agreement, time is of the essence.
4.Consideration and payment
4.1Consideration. The State will pay for all services performed by the LGU under this Agreement as
follows:
Compensation. The MPCA will reimburse the LGU in accordance with the breakdown of
(a)
costs as set forth in Attachment A (Project Workplan), including the detailed Expenses
section of Attachment A. Attachment A is attached here to and incorporated into this
Agreement. Attachment A Expenses includes both actual costs incurred to date and
estimates of future costs. The MPCA will review the expense documentation submitted by
the LGU for the costs listed in Attachment A and will reimburse the LGU for reasonable and
necessary expenditures, as determined by the MPCA, as provided in Minn. Stat. § 115B.20,
subd. 2(6), including expenditures incurred prior to the Effective Date of the Agreement. .
Travel expenses.(if applicable) Reimbursement for travel and subsistence expenses actually
(b)
and necessarily incurred by the LGU as a result of this Agreement will not exceed the total
amount set forth in travel expense section of the detailed Budget section of Attachment A,
which is attached and incorporated into this Agreement, provided that the LGU will be
reimbursed for travel and subsistence expenses in the same manner and in no greater
amount than provided in the current "Commissioner's Plan" promulgated by the
Commissioner of Minnesota Management and Budget office, which is incorporated into this
Agreement by reference and which can be viewed at:
http://www.mmd.admin.state.mn.us/commissionersplan.htm.
Total obligation. The total obligation of the State for all compensation and reimbursements
(c)
to the LGU under this Agreement will not exceed $5,000,000.00 (Five Million Dollars).
Payment
4.2
(a)Invoices. The State will promptly pay the LGU after the LGU presents an itemized invoice for
the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted timely and according to the following
schedule: monthly or at least quarterly
Invoices will reference the SWIFT Contract number, Purchase Order number, and the name
of the State's Authorized Representative and will be submitted electronically to:
mpca.ap@state.mn.us
If there is a problem with submitting an invoice electronically, please contact the Accounts
Payable Unit at 651-757-2831.
The LGU shall submit an invoice for the final payment upon submittal of the final progress
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and financial report within 30 (thirty) days of the original or amended end date of this
Agreement. State reserves the right to review submitted invoices after 30 (thirty) days and
make a determination as to payment.
(b)Retainage, if applicable: Under Minn. Stat. § 16C.08, subd.2(10), no more than 90 percent
of the amount due under this Agreement may be paid until the final product of this
Agreement has been reviewed by the State's agency head. The balance due will be paid
when the State's agency head determines that the LGU has satisfactorily fulfilled all the
terms of this Agreement.
(c)Federal funds. N/A.
4.3 Reporting requirements. The LGU shall submit to the State for review and approval semi-annual
reports in a format prescribed by the State. Semi-Annual Reports shall be due to the State each
February 1 and August 1 during the life of the Agreement. The January 1 -- June 30 reporting
period will be addressed in the August 1 report; the July1 -- December 31 reporting period will
be addressed in the February 1 report. Payments shall be withheld if these reporting
requirements and the monthly reporting requirements in Attachment A have not been met.
5. Conditions of payment
All services provided by the LGU under this Agreement must be performed to the State's
satisfaction, as determined at the sole discretion of the State's Authorized Representative and in
accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The
LGU will not receive payment for work found by the State to be unsatisfactory or performed in
violation of federal, state, or local law.
6.Authorized Representative
The State's Authorized Representative/Project Manager is Gary Krueger, MPCA, 520 Lafayette Road
North, St. Paul, MN 55155, 651-757-2509, gary.krueger@state.mn.us, or his successor, and has the
responsibility to monitor the LGU's performance and the authority to accept the services provided
under this Agreement. If the services are satisfactory, the State's Authorized Representative/Project
Manager will certify acceptance on each invoice submitted for payment.
The LGU's Authorized Representative is Charlene Stevens, City of Cottage Grove, 12800 Ravine
Parkway South, Cottage Grove, MN 55016, 651-458-2822, cstevens@cottage-grove.org, or her
successor. If the LGU's Authorized Representative changes at any time during this Agreement, the
LGU must immediately notify the State.
7.Subcontracting (if applicable)
If the LGU decides to fulfill its obligations and duties under this Agreement through a subcontractor,
to be paid for by funds received under this Agreement, the LGU shall not execute an agreement with
the subcontractor or otherwise enter into a binding agreement until it has first received written
approval from the MPCA's Authorized Representative. All subcontracts shall reference this
Agreement and require the subcontractor to comply with all of the terms and conditions of this
Agreement. The LGU shall be responsible for the satisfactory and timely completion of all work
required under any subcontract and the LGU shall be responsible for payment of all subcontracts.
The LGU shall pay all subcontractors, less any retainage, within 10 calendar days of receipt of
payment to the LGU by the State for undisputed services provided by the subcontractor and must
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pay interest at the rate of one and one-half percent per month or any part of a month to the
subcontractor on any undisputed amount not paid on time to the subcontractor.
The LGU must follow their policies and procedures for obtaining subcontractors and/or policies and
procedures per Minn. Stat. § 471.345 as applicable.
8.Change Orders (if applicable)
If the State's Project Manager or the LGU's Authorized Representative identifies a change needed in
the workplan and/or budget, either party may initiate a Change Order using the Change Order Form
provided by the MPCA. Change Orders may not delay or jeopardize the success of the Project, the
overall scope of the Project, increase or decrease the overall amount of the Agreement, or cause an
extension of the term of this Agreement. Major changes require an Amendment rather than a
Change Order.
The Change Order Form must be approved and signed by the State's Project Manager and the LGU's
Authorized Representative in advance of doing the work. Documented changes will then become
an integral and enforceable part of the Agreement. The MPCA has the sole discretion on the
determination of whether a requested change is a Change Order or an Amendment. The state
reserves the right to refuse any Change Order requests.
9.Assignment, amendments, waiver, and Agreement complete
9.1 Assignment. The LGU may neither assign nor transfer any rights or obligations under this
Agreement without the prior consent of the State and a fully executed Assignment
Agreement, executed and approved by the same parties who executed and approved this
Agreement, or their successors in office.
9.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and approved the
original Agreement, or their successors in office.
9.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not
waive the provision or its right to enforce it.
9.4 Agreement complete. This Agreement contains all negotiations and agreements between the
State and the LGU. No other understanding regarding this Agreement, whether written or
oral, may be used to bind either party.
10. Liability
Each party agrees that it shall be responsible for its own acts and omissions and shall not be
responsible for the acts or omissions of the other party. Each party therefore agrees that is shall
assume liability for itself, its agents and employees for any injury to persons or property resulting in
any manner from the conduct of its own operations and the operations of its agents and employees
under this Agreement, and for any loss, cost, damage, or expense resulting at any time from failure
to exercise proper precautions, by itself or through its agents and employees.
Nothing in this Agreement is intended to be construed as a waiver of the State Tort Claims Act, Minn.
Stat. § 3. 736, the Municipal Tort Claims Act, Minn. Stat. ch. 466, or any law, legislative or judicial,
limiting governmental liability. This clause will not be construed to bar any legal remedies either party
may have against the other for its failure to fulfill its obligations under this Agreement.
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11.State audits
Under Minn. Stat. § 16C.05, subd. 5, the LGU's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and/or
the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of
this Agreement.
12.Government data practices and intellectual property
12.1 Government data practices. The LGU and State must comply with the Minnesota Government
Data Practices Act, Minn. Stat. ch. 13, (or, if the State contracting party is part of the Judicial
Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the
Minnesota Supreme Court as the same may be amended from time to time) as it applies to all
data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the LGU under this
Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed
by the Minnesota Government Practices Act, Minn. Stat. ch. 13, by either the LGU or the State.
If the LGU receives a request to release the data referred to in this clause, the LGU must
immediately notify the State. The State will give the LGU instructions concerning the release of
the data to the requesting party before the data is released.
12.2Intellectual property rights.
(a)Intellectual property rights: The rights, title, and interest in all of the intellectual property
rights, including all copyrights, patents, trade secrets, trademarks, and service marks in
the works and documents, shall be jointly owned by the LGU and the State. The "works"
means all inventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, negatives, designs, drawings,
specifications, materials, tapes, and disks conceived, reduced to practice, created or
originated by the LGU, its employees, agents, and subcontractors, either individually or
jointly with others in the performance of this Agreement. "Works" includes documents.
The "documents" are the originals of any databases, computer programs, reports, notes,
studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks,
or other materials, whether in tangible or electronic forms, prepared by the LGU, its
employees, agents, or subcontractors, in the performance of this Agreement. The
ownership interests of the State and the LGU in the works and documents shall be equal.
The party's ownership interest in the works and documents shall not be reduced by any
royalties or revenues received from the sale of the products or the licensing or other
activities arising from the works and documents. Each party hereto shall, at the request of
the other, execute all papers and perform all other acts necessary to transfer or record
the appropriate ownership interests in the works and documents.
(b) Obligations
(1)Notification: Whenever any invention, improvement, or discovery (whether or not
patentable) is made or conceived for the first time or actually or constructively
reduced to practice by the LGU, including its employees and subcontractors, in the
performance of this Agreement, the LGU will immediately give the State's Authorized
Representative written notice thereof, and must promptly furnish the State's
Authorized Representative with complete information and/or disclosure thereon. All
decisions regarding the filing of patent, copyright, trademark or service mark
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applications and/or registrations shall be the joint decision of the LGU and the State,
and costs for such applications shall be divided as agreed by the parties at the time of
the filing decisions. In the event the parties cannot agree on said filing decisions, the
filing decision will be made by the State.
(2)Representation: The LGU must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the works and documents are the sole property
of the LGU and the State, as agreed herein, and that no LGU employee, agent, or
subcontractors retains any interest in and to the works and documents. The LGU
represents and warrants that the works and documents do not and will not infringe
upon any intellectual property rights of others. The LGU shall indemnify; defend, and
hold harmless the State, at the LGU's expense, from any action or claim brought
against the State to the extent that it is based on a claim that all or part of the works
or documents infringe upon the intellectual property rights of others. The LGU shall be
responsible for payment of any and all such claims, demands, obligations, liabilities,
costs, and damages, including but not limited to, attorney fees. If such a claim or
action arises, or in the LGU's or the State's opinion is likely to arise, the LGU must, at
the State's discretion, either procure for the State the right or license to use the
intellectual property rights at issue or replace or modify the allegedly infringing works
or documents as necessary and appropriate to obviate the infringement claim. This
remedy shall be in addition to and not exclusive of other remedies provided by law.
(c)Use of works and documents: The State and LGU shall jointly have the right to make, have
made, reproduce, modify, distribute, perform, and otherwise use the works, including
documents produced under this Agreement, for noncommercial research, scholarly work,
government purposes, and other noncommercial purposes without payment or accounting
to the other party. No commercial development, manufacture, marketing, reproduction,
distribution, sales or licensing of the works, including documents, shall be authorized
without a future written contractual agreement between the parties.
(d)Possession of documents: The documents may remain in the possession of the LGU. The
State may inspect any of the documents at any reasonable time. The LGU shall provide a
copy of the documents to the State without cost upon the request of the State.
(e)Survivability: The rights and duties of the State and the LGU, provided for above, shall
survive the expiration or cancellation of this Agreement.
13.Insurance requirements
Below are the minimum insurance limits required by the State of Minnesota for any entity that is
not a state Agency or Local Government Unit (LGU) unless otherwise noted (**).
13.1 LGU shall not commence work under the Agreement until they (or subcontractor) have
submitted acceptable evidence of insurance and the State of Minnesota has approved such
insurance. LGU or subcontractor shall maintain such insurance in force and effect throughout
the term of the Agreement. A certificate of insurance is acceptable evidence.
13.2 Subcontractor is required to maintain and furnish satisfactory evidence of the following
insurance policies:
(a) Workers' Compensation Insurance. Subcontractor must provide Workers' Compensation
insurance for all its employees and, in case any work is subcontracted, LGU will require the
subcontractor to provide Workers' Compensation insurance in accordance with the
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statutory requirements of the State of Minnesota, including Coverage B, Employer's
Liability. Insurance minimum amounts are as follows:
$100,000 -- Bodily Injury by Disease per employee
$500,000 -- Bodily Injury by Disease aggregate
$100,000 -- Bodily Injury by Accident
If Minn. Stat. § 176. 041 exempts subcontractor from Workers' Compensation insurance
or if the subcontractor has no employees in the State of Minnesota, subcontractor must
provide a written statement, signed by an authorized representative, indicating the
qualifying exemption that excludes LGU from the Minnesota Workers' Compensation
requirements.
If during the course of the Agreement the subcontractor becomes eligible for Worker's
Compensation, the subcontractor must comply with the Workers' Compensation
Insurance requirements herein and provide the State of Minnesota with a certificate of
insurance.
(b)Commercial General Liability Insurance. Subcontractor is required to maintain insurance
protecting it from claims for damages for bodily injury, including sickness or disease,
death, and for care and loss of services as well as from claims for property damage,
including loss of use which may arise from operations under the Agreement and in any
case work is subcontracted the LGU will require the subcontractor to provide Commercial
General Liability. Insurance minimum amounts are as follows:
$2,000,000 -- per occurrence
$2,000,000 -- annual aggregate
$2,000,000 -- annual aggregate -- Products/Completed Operations
**For LGUs, the coverage shall be maintained in conformance with the Tort Claims limits
set forth in Minn. Stat. ch. 466, with limits not less than $500,000 per claimant and
$1,500,000 per occurrence for bodily injury and property damage.
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
State of Minnesota named as an Additional Insured
(c)Commercial Automobile Liability Insurance. Subcontractor is required to maintain
insurance protecting the LGU from claims for damages for bodily injury as well as from
claims for property damage resulting from the ownership, operation, maintenance or use
of all owned, hired, and non-owned autos which may arise from operations under this
Agreement, and in case any work is subcontracted the LGU will require the subcontractor
to provide Commercial Automobile Liability. Insurance minimum amounts are as follows:
$2,000,000 -- per occurrence Combined Single limit for Bodily Injury and Property
Damage
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**For LGUs, the coverage shall be maintained in conformance with the Tort Claims limits
set forth in Minn. Stat. Ch. 466, with limits not less than $500,000 per claimant and
$1,500,000 per occurrence for bodily injury and property damage.
In addition, the following coverages should be included:
Owned, Hired, and Non-owned Automobile
(d)Professional Liability Insurance. This policy will provide coverage for all claims the LGU, or
its subcontractors, may become legally obligated to pay, resulting from any actual or
alleged negligent act, error, or omission related to LGU's or its subcontractors'
professional services required under the Agreement.
$2,000,000 -- per claim or event
$2,000,000 -- annual aggregate
**For LGUs, the coverage shall be maintained in conformance with the Tort Claims limits
set forth in Minn. Stat. Ch. 466, with limits not less than $500,000 per claimant and
$1,500,000 per occurrence for bodily injury and property damage.
Any deductible of the subcontractor will be the sole responsibility of the subcontractor
and may not exceed $50,000 without the written approval of the State. If the
subcontractor desires authority from the State to have a deductible in a higher amount,
the subcontractor shall request in writing, specifying the amount of the desired deductible
and providing financial documentation by submitting the most current audited financial
statements or other approved documentation so that the State can ascertain the ability of
the subcontractor to cover the deductible from its own resources.
(e)The retroactive or prior acts date of such coverage shall not be after the effective date of
this Agreement and LGU or subcontractor shall maintain such insurance for a period of at
least three (3) years, following completion of the work. If such insurance is discontinued,
extended reporting period coverage must be obtained by LGU or subcontractor to fulfill
this requirement.
13.3 Additional insurance conditions:
LGU's or subcontractor's policy(ies) or subcontractor's shall be primary insurance to any
•
other valid and collectible insurance available to the State of Minnesota with respect to
any claim arising out of the performance under this Agreement.
LGU or subcontractor is responsible for payment of Agreement-related insurance
•
premiums and deductibles.
If LGU or subcontractor is self-insured, a Certificate of Self-Insurance must be attached
•
Include legal defense fees in addition to liability policy limits, with the exception of 13.2(d)
•
above.
Obtain insurance policies from an insurance company having an "AM BEST" rating of A-
•
(minus); Financial Size Category (FSC) VII or better and must be authorized to do business
in the State of Minnesota or obtain comparable coverage under a program of self-
insurance.
An Umbrella or Excess Liability insurance policy may be used to supplement the LGU's or
•
subcontractor's policy limits to satisfy the full policy limits required by the Agreement.
If LGU or subcontractor receives a cancellation notice from an insurance carrier affording
•
coverage herein, LGU agrees to notify the State of Minnesota within five (5) business days
with a copy of the cancellation notice, unless LGU's or subcontractor's policy(ies) contain a
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provision that coverage afforded under the policy(ies) will not be cancelled without at
least thirty (30) days advance written notice to the State of Minnesota.
13.4 The State reserves the right to immediately terminate the Agreement if the LGU or
subcontractor is not in compliance with the insurance requirements and retains all rights to
pursue any legal remedies against the LGU. All insurance policies must be open to inspection
by the State, and copies of policies must be submitted to the State's authorized representative
upon written request.
13.5 The successful responder is required to submit Certificates of Insurance acceptable to the
State of Minnesota as evidence of insurance coverage requirements prior to commencing
work under the Agreement.
14.Publicity and endorsement (not applicable)
14.1 Publicity. Any publicity regarding the subject matter of this Agreement must identify the State
as the sponsoring agency and must not be released without prior written approval from the
State's Authorized Representative. For purposes of this provision, publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the LGU individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Agreement.
14.2 Endorsement. The LGU must not claim that the State endorses its products or services.
15.Governing law, jurisdiction, and venue
Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all
legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
16.Data disclosure
Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the LGU consents to disclosure of its
social security number, federal employer tax identification number, and/or Minnesota tax
identification number, already provided to the State, to federal and state agencies, and state
personnel involved in the payment of state obligations. These identification numbers may be used in
the enforcement of federal and state laws which could result in action requiring the LGU to file state
tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities.
17.Payment to subcontractors
\[If applicable\] As required by Minn. Stat. § 16A.1245, the prime contractor must pay all
subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of
payment from the State for undisputed services provided by the subcontractor(s) and must pay
interest at the rate of one and one-half percent per month or any part of a month to the
subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
18.Termination
18.1 Termination by the State. The State or Commissioner of Administration may cancel this
Agreement at any time, with or without cause, upon 30 days' written notice to the LGU. Upon
termination, the LGU will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
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18.2 Termination for insufficient funding. The State may immediately terminate this Agreement if it
does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to the LGU. The State is not obligated to pay for
any services that are provided after notice and effective date of termination. However, the LGU
will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if
the Agreement is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the LGU notice of the lack of
funding within a reasonable time of the State's receiving that notice.
19.Minn. Stat. § 181.59
The vendor will comply with the provisions of Minn. Stat. § 181.59 which requires:
Every Agreement for or on behalf of the State, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall
contain provisions by which the LGU agrees: (1) That, in the hiring of common or skilled labor for
the performance of any work under any Agreement, or any subcontract, no LGU, material
supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and available
to perform the work to which the employment relates; (2) That no LGU, material supplier, or
vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of
any person or persons identified in clause (1) of this section, or on being hired, prevent, or
conspire to prevent, the person or persons from the performance of work under any Agreement
on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4)
That this Agreement may be canceled or terminated by the state, county, city, town, school
board, or any other person authorized to grant the contracts for employment, and all money
due, or to become due under the Agreement, may be forfeited for a second or any subsequent
violation of the terms or conditions of this Agreement.
20.E-Verify certification (In accordance with Minn. Stat. § 16C.075)
For services valued in excess of $50,000, Contractor certifies that as of the date of services
performed on behalf of the State, Contractor and all its subcontractors will have implemented or
be in the process of implementing the federal E-Verify Program for all newly hired employees in the
United States who will perform work on behalf of the State. Contractor is responsible for collecting
all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form
available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor
certifications must be kept on file with Contractor and made available to the State upon request.
21.Certification Of Nondiscrimination (In Accordance with Minn. Stat. § 16c.053)
The following term applies to any contract for which the value, including all extensions, is $50,000 or
more: Contractor certifies it does not engage in and has no present plans to engage in discrimination
against Israel, or against persons or entities doing business in Israel, when making decisions related
to the operation of the vendor's business. For purposes of this section, "discrimination" includes but
is not limited to engaging in refusals to deal, terminating business activities, or other actions that are
intended to limit commercial relations with Israel, or persons or entities doing business in Israel,
when such actions are taken in a manner that in any way discriminates on the basis of nationality or
national origin and is not based on a valid business reason.
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Attachment A
Project Workplan
Doc Type: Contract
MPCA Use Only
Swift #: 127950
AI #:
Project Title:
Temporary Well Treatment System Construction and Operation Project
1.Project Summary:
Organization:
City of Cottage Grove
Contractor contact name:
Charlene Stevens
Address:
12800 Ravine Parkway South
Cottage Grove, MN 55016
Phone:
651-458-2822
E-mail:
cstevens@cottage-grove.org
MPCA contact(s):
MPCA project manager:
Gary Krueger
Address:
520 Lafayette Road North
St. Paul, MN 55155
Phone:
651-757-2509
E-mail:
Gary.krueger@state.mn.us
Project information
Start
date:End date:
1/1/18 06/30/2019
(mm/dd/yyyy) (mm/dd/yyyy)
Total
cost:
$5,000,000.00
www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats
e-admin9-38 • 3/11/16 Page 1 of 3
2.Statement of Problems, Opportunities, and Existing Conditions
In response to a Drinking Water Well Advisory issued by the Minnesota Department of Health (MDH) to the
City due to elevated levels of perfluorochemicals (PFCs), the City of Cottage Grove is installing and operating
temporary carbon treatment systems at two (2) city wells (#10 and #3) in order to provide a safe drinking water
supply to city residents.
The temporary treatment system includes the installation of granular activated carbon vessels at Well #10 and
#3 to treat water from those two wells. Ten (10) carbon vessels will be needed for the treatment of well #10,
and 4 carbon vessels will be needed for well #3. The MPCA has provided the carbon treatment vessels, with
the city preparing and constructing the necessary infrastructure (i.e., earthwork, cement slab, plumbing/piping,
electric, buildings) to begin operating the temporary treatment system. The MPCA issued an Emergency
Declaration on May 29, 2017 to provide technical and financial assistance to the City, and for the purpose of
providing the carbon vessels through a MPCA contractor.
The MPCA will reimburse the City for costs incurred to operate each of the temporary treatment systems at the
two wells. The MPCA will pay for rental fees for the carbon treatment vessels, change-out of carbon, and
disposal of spent carbon during the timeframe of this JPA or amended JPA. The MPCA will contract directly
with appropriate provider for the purpose of providing carbon treatment vessels, change-out of carbon and
disposal of spent carbon for the necessary operational time-frame of the temporary treatment system(s). The
MPCA will lease the carbon treatment vessels. The MPCA and City will enter into a separate right to enter
agreement for access to the carbon treatment vessels.
City costs that will be eligible for reimbursement include design services, surveying, construction observation,
staking, testing, and permitting. Legal costs are not reimbursable. Additional City costs that are eligible for
reimbursement include utilities (electrical, heat for temporary buildings, security system), construction of
temporary buildings to contain the carbon vessels due to weather, costs for easements needed for placement
of vessels/containment buildings, city staff costs to operate the temporary systems, and other costs that are
reasonable and necessary for the operation of the temporary treatment systems. The City will be reimbursed
for demolition of the temporary buildings once they are no longer needed, with an MPCA approved cost
estimate prior to demolition.
The City of Cottage Grove needs PFC treatment for Wells 3 and 10 to provide a reliable and redundant
water supply below the MDH Hazard Index of 1.0. Without treatment of Well 3, there is no
Intermediate Pressure Zone redundant supply if Well 9 is out of service. Treatment of Well 10 is
required for additional water supply in the Low Pressure Zone and with the existing booster stations can
supply the Intermediate and High Pressure Zone also.
Water supply from wells that have an Hazard Index value of less than 1 only provide firm capacity of 3.1
million gallons per day (MGD). This firm capacity does not meet the City's average day demand of 3.6
MGD. With the addition of treatment at Well 3 (1.1 MGD) and Well 10 (2.9 MGD) the firm capacity
increases to 9.6 MGD. The City of Cottage Grove design maximum day demand is 10.8 MGD, but
through enforcement of existing conservation methods and new water restrictions that demand can be
lowered.
Through treatment of Wells 3 and 10, a firm water supply of 9.6 MGD is anticipated to meet maximum
day demand with a MDH Hazard Index for PFCs of less than 1.0. The MPCA will continue to request that
3M either pay for or reimburse the cost of providing permanent water treatment solutions for the City.
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3.Measurable Outcomes
The City will report monthly to the MPCA regarding operation of treatment systems, including amount of
drinking water treated. The City will also report to the MPCA as part of the monthly report the itemized costs
incurred for that month for reimbursement by the MPCA. The City will also provide as part of the monthly
report updates and status of design/development of a permanent treatment system to remove PFCs from the
City’s drinking water supply.
Costs – See Attached Expenses Chart
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Attachment A
Swift Contract No.: 127950
Expenses
Estimated Reimburseable ExpensesRequested ExpensesEstimated Expenses
May - June 30, 2017$533,083.94
July 1 - 30, 2017$417,979.21
August 1 - 30, 2017$165,737.17
September 1 - 30, 2017$608,675.90
October 1 - 31, 2017$95,961.89
November 1 - 31, 2017$131,700.13
December 1 - 31, 2017$32,617.19
Total Requested$1,985,755.43
Amount reimbursed to be determined by MPCA
Estimated Annual Reimburseable Operational Annual charges per tempoary
costs after January 1, 2018treatment system (two
temporary treatment
systems)
Maintenance Costs
Security $100.00
Electric$5,000.00
Annual Discharge permit$450.00
Labor $15,200.00
Admin$1,200.00
Other eligible misc. expenses TBD
Temporary Buildings for treatment systems
Well #10 building construction - estimated$260,000
Well #3 building construction - estimated$120,000
Demo buildingsTBD
As of December 19, 2017