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00-577Return copy to: O R i G 1 Na � Reai Estate Division 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # oo - S 9 Z Green Sheet # 104836 Committee: Date WHEREAS, Minnesota Statutes Section 115B_17, Subdivision 19(t�, (2000) allows the Minnesota Poilution Control Agency (MPCA) to grant funds for the implementation of a portion of an approved response action plan (RAP), and 'WI�REAS, the City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's Eye Dump, and a WHEREAS, the MPCA has submitted a grant agreement, a copy of which is attached hereto, to the City 9 for monies to be used implement a portion of the clean up at the Pig's Eye dump, in accordance with the io approved RAP, in the amount of $2,000,000, now therefore be it ii t2 13 14 is 16 RESOLVED, the City of Saint Paul has the institutional, managerial and financial capability to ensure adequate construction, operation and maintenance of the proposed project, now therefore be it RESOLVED, the Mayor and proper City officials of the City of Saint Paul are hereby authorized to execute said agreement on behalf of the City. Requested by Department of: Adopted by Council: Date Adoption Certified by Council�Secretary By: � Approved � Mayor. Date ` ikl� 1 SZAq�}' By: Technoloev & Manaeement Services By: ��/?��itJG L�� u � Director Form Approved by City Attorney B �b.;.Z..L/l✓.�..a-- b-t 1- e o Approve J y ayo�r for Submission to Council ,� �` - By: DIVISION ontac[ Pe�son and Phone Number: Peter Wlrite �� Co�mcil Agenda by: 266-8853 # OF SIGNAI`URE PAGES Date: May z �. �, � 1 iC] (OR.ISSLSTe1NT) ALL LOCAITONS FOR Approval of a grant agreement between the Minnesota Pollution Control Agency (MPCA) and the City to begin the clean up acrion at the old Pigs's Eye Dump. BSONAL SERVICE CONTRACTS M[IST ANSWER THE FOLLOWIlVG: Has the persodfirm evec worked under a coniraM for ihis depar�ment? YES NO PLANNPlG COMMISSION A sxnFr Iias this persun/£uw ever been a City employee? CIDO. SERV[CE COMMLSSION cB CobIDiIT[F.E WHICH COUNCII, OBJEC'PIVE? Does iLis persodFirm possess a sldll not normally possessed by any current Ciry employee? YES NO YES NO COUNCII. WARD(S) �j DISTRICT YLANNING COUNCII, � NG PROBLEM, ISSUE, OPPOR'1'UlvI7'] (Who, Wl�ay Wh¢n, Where, Why?): The 5tate Legislature passe�an amendment to the superfund law to allow the MPCA to grant funds to begin clean up of dumps that meet certain criteria. AGES IF APPROVED: The City will begin the clean up of the Pig's Eye Dump site. IF APPROVED: None .NTAGES IF NOT APPROVED: The opportunity to use this money will be los� �1'OTAL AMOUNT OF'PRANSACTION: $2 nvliiOn COSTfREVENUE BUDGETED (CIRCLE ONE) YES NO F[7NDINGSOURCE: S�tQ�l•ant ACITVII'YNUMBER: �.___ FA*ANCIAL INFORMAITON: (EXPLAIl� � i .. 2000 Green Sheet Number: ARTMEN7'DIItECi'OR 4 CITYCOUN e nrrotcivEx '� . � c�.eu m e — S�l 104836 OFFINA21CIAi,SVCS. oo.s`+11 � � � � � � � � � � � � ' � � � � .ax'9 � I�W �., a c� -� � 0 0 _\ F O P Z u P� S �s S� ��5 e 0 A ` � E A �� •_ �� • / � �/ N QJ � � �� ov � �J � �F � � t.i � � � �1.� � �0. �� - �o .� 0 =, — �� 4 O Z w O � O � � � Q p Qti^ q Q ~ j � � J U � JZ� J J Q W W, W z � � � LJJ � ¢ � U . Z C� � W p � � � Y W Z O � � � N � O a • � N ¢ m � STATE OF MINNESOTA State Accounting Information: Agency: Minnesota Pollution Control Agf Total Amount of Contract: $2,000,000.00 Commodiri Code: 0 Object Code: 265 GRANT CONTRACT Fiscal Yeaz: 2000 � Vendor Number: 0 Amount of Contract First FY: $2,000,000.00 ae _S'1� Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 330 Fund: 0 Fund: 0 Org/Sub: M31R Org/Sub: Org/Sub: Appr: GOS Appr: Appr: Rept Catg: Rept Catg: Rept Catg: AmounC $2,OOQ000.00 Amount: $0.00 Amount: $0.00 Processing Information: BeginDate: Uponfinal signature End Date: July 31, 2000 Contract: 0 4/14/00 Number/ Date/ Signature [Individual signing certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05.] NOTTCE TO GRANTEE: GRAN7'EE is required by Minn. Stat § 270.66 to provide your sceial security number or fedecal employer tax identificafion number and Minnesota tax identification number if you do business with the State of Minnesota. This infoanation may be used in the enForcement of federal and state [ax laws. Supplying these numbers could resul[ in action requiring GRAN1'EE [o file sta[e tax reNms and pay delinquent sta[e taz ]iabili[ies, if any. This erant conlract wil] not be aonroved unless these numbers are nrovided. These numbers will be available to federal and sta[e tax authorities and sta[e pecsonnel involved in approving the gran[ contract and the paymen[ of sta[e obligalions. Grantee Name and Address: City of Saint Paul c/o Peter Wlrite 140 City Hal] Sain[ Paul, MinnesoEa - 55102 Soc. Sec. or Federnl Employer I.D. No. 41-6005521 Minnesota Tax I.D. No. (if appGcable) 8025095 THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXT`ERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this Grant Contract intemally, only offices that require access to the taz identification number AND any individuals/offices signing this Grant Contract should have access to this page. a ADN3\. IOSismupd (p]-A99) Grn�Conva NPC.1Mevo/SR Covvacc\umbcr 00-5'?� THIS Grent Cbnhact, and amendmenis and supplemenLS thereto, is between ihe State of Minnesota, acting through its Minnesota Pollution Control Aeencv (MPCA) (hereinafter"STATE")andtheCiriofSainiPaul anindependentconhactor,notanemployeeoftheStateofNlinneso�a,address140CiriHall.SaintPanl.MN (hereinafter "GRANTEE"). W HEREAS, the STAT"E, pursuan[ to Minn. Siat § 1 liB.17. subd. 19, as amended bv Min¢. l.aws 2000. ch. i76. sec. I. is empowered [o en[er into a�eemeots arid make ganis for tbe imolementation of a oorrion of MPCA-annroved remedial action at sites ]isted on the SFete's nermanent ]ist of oriorifies of Sunerfund sites: and WHEREAS. rhe Pies Eve Dumo Sunerfund Site (Site), in tl�e Citv of Saint Paul. is lisred on the nermanent list of oriorities: and WHEREAS, the MPCA haz anoroved remedia] actions for the Site as documented in the Remedial Action Plan 5ubmitted bv the Grantee. dated December 23. 1999, as modified bv the MPCA in a]etter dated Anri13. 2000: and WHEREAS, oursuant to Minn. Siat & 115B.19, subd. 19, az amended. [he StaCe has detemuned that there are other versons idenfified bv the MPCA as resnons�ble or po[entiallv resnonsib(e for the release of hazazdous substances at the Site who are not pazticinatine in this Gmn[ aseement, and haz vrovided writ[en notice to [hose resnonsible nersons known [o the Sta[e of their oonortunitv to narticioate in tltis Grant aereement or other aoorovriare settlemen[, and W HEREAS, the Grantee's acce [ance of a nt and of the terms and obli a[ions of this Gra�t A ement has been dul autho�zed b the Cit of Saint Paul, and W HEREAS, GRANTEE represents that it is duly quali£ed and willing to pedorm the services se[ forth herein. NOW, THEREFORE, it is ag�eed: (Attach addiUOnal page if necessary, which is incorpora[ed by reference and made a part of this ageemen[.) GRANTEE shalL See Attachment A- Gran[ee Duties II. A. CONSIDERATION: Considerauon for all services pedomied by GRANTEE pursuant m this grant contract shall be paid by the STATE as follows: 1. COMPENSATION: Compensationinanamountnottoexceed$2000000,basedonthefollowingcomputation: PursuantroMinn.Stat. F I 15B 17. subd. 19, as amended [he MPCA has determined tha[ $2 millio» dces not exceed the pronor[ion of the cosGS of the resnonse action olan attributable [o the liabiliN of resnonsible Versons who are not vazties ro tlils Gran[ A�eement. 2. (If applicable.) GRANTEE certifies [ha[ [he fo]Iowing ma[ching requiremen[ for the Gran[ will be met by GRANTEE. See Attachment B- Matching Requirements 3. REIMBURSEMENT: Reimbursement for have] and subsistence expenses acntally and necessartly incurzed by GRAN1'EE in performznw of this. Grant Contract in an amount not to exceed zero dollars ($�; provided that GRAN1'EE shall be reimbu�sed for travel and subsistence expenses in the same manner and in no �'eater amount than provided in fie wrrent "Comrttissioner s Plaq" promulgared by the Commissioner of Employee Relalions. TheGRAN7'EEsfiallnotbereimbursedfortravelandsubsistenceexpenseincurtedoutside[heStateofMinnesotaunlessithasreceived prior written approval for such out-of-state travel from [he STATE. ADMIN. IOSlsm.wpd (0"1-20.99) Grao�Covo-aze MPCAMe�SR ComrecoNUmbei 0 a_SR'1 TFiE TOTAL OBLIGATTON OF THE STATE FOR ALL COMPENSATTON AND REIMBURSEMENTS TO GRANTEE SHALL NOT EXCEED: hvo million dollars (520000001. B. TERMS OF PAYMENT INVOICE: Paymeu[s shall be made by tfie STATE promptly after GRANTEE's presentation of invoices for services performed and acceprznce of such services by the STATE's Authorized Representative pusuant to Clause V L[nvoices shall be submitred in a form prescribed by the STA1'E and according to the following schedule: Notwithsqndins the above orovisions of this oazaganh II.B.1, the State a_aees to nav the mant monev to the Grantee before nresentalion of invoices for services oe6ormed. accordine to a schedule as follows: Pavment [o the Crtan[ee shall be in four installments of 5500.000 over [he course of the work. The first pavment of S500.000 shall be made wi[hine 4 davs afrer the effeclive da[e of [he Grnn[ Aereement. Based on the need for additiona] funds the Gran[ee shall reques[ navment of additlona( 5500.000 installmen[s in wcitine. The requestmus[indude abrief explanavon of what the next installmen[ will be used for. FEDERAL F[JNDS: (When applicable.) Payments are to be made from federnl funds obtzined by the STATE through Tide _of the _ Act of _(Public law _ and amendmenu [here[o). If at any time such funds become u�available, this Grant ConVact shall be temtina[ed immedia[ely upon written novice of such fact by [he STATE [o the GRANTEE. In the event of such tertninatioq GRANTEE shall be entitled to paymenk de[ertnined on a pro nta basis, for services sa[isfactonly performed. IIL CONDITIONS OF PAYMENT: All services provided by the GRANTEE pursuant to this Grant Contract shall be pedormed to the satisfaction of the STATE, as de[e�mined at [he sole discretiou of iGS Authorized Represeutative, and in accord with al] applicable federal, sta[e and ]oca] laws, ordinances, mles and regulations The GRAN1'EE shall no[ receive paymen[ for work found by [he STA1'E to be unsatisfac[ory or perfolmed in violation of federal, sta[e or ]ocal law, ocdinance, mle oc regulation. ADMIN. 1O51�rc.wpL (0']-20-99) GranvConeace MPCAMeeo/SR CoovaaNumber 00 -s�� N. TERMOFGRANT:ThisGantContractsha116eeffectiveonAOri126.,2000,oruponthedatelhatthe8nalreqviredsignatureisobtainedbytheSTA7'E, pursuant to Mina Stai § 16C.05, subd. 2, whichever occnrs later, and shall remain in effect until June 30, 2000, or unril all obligations set forth in this Gmnt Contract ttave bee� satisfactorily fulfilled, whichever occurs firsG The GRANTEE undersYands that NO work should begin under tlus Grant Coa�ac[ unffi ALL required signatures have been obtained and GRANTEE is notified to begin work by the STAT'E's A�thor'u.ed Representative V. CANCELLA7TON:T7usGrentCouuactmaybecanceledbyil�eSTATEOrGRANTEEa[anytime,withorwithoutcause,upontfcirty(i0)days'writtennotice to tk�e other party. In the event of such a cancellalion, GRANTEE shall be e¢litled to payment, de[elmined on a pro rata buis, for work or services satisfactoriiy performed. Also, in the event of such a cancellation, the STATE shall be enbUed to repayment, determined on a rata basis, of any funds initially advanced by the STATE to the GRANTEE. The STA7'E may cancel lltis Gran[ Contract immediatety if the STATE finds Uiat there has been a failure to comply with the provisions of this Grant Contmc[ that reasonable progress has no[ been made or tFtat the puiposes for wttich the funds were grented have not been or wiI] no[ be fulfilled, the $TATE may take aclion to proteM the interests of the Sta[e of Minnesota, including the refusal to disburse additional funds and requiring tfie retum of all or part of the funds already disbursed. V I. STA7'E'S AUTHORIZED REPRESENTATNE: The STATE's Authortzed Representative for the puiposes of administration of this Gant Contract is Frank Wallnec Such represenUtive shall have final authority for acceptance of GRAN7'EE's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant [o clause lI, paragraph B. The GRANTEE's Authorized RepresentaUve for purposes of administration of [h�s gan[ contract is Pe[er 4Vhite. The GRANTEE's Authorized Representa[ive shall have full authoriTy [o represen[ GRANTEE in i[s fulfillmen[ of [he [ertns, conditions and requirements of this Gra�[ Contract. V II. ASSIGNMENT: GRAN'CEE shall nei[6er assign nor hansfer any rights or obligations under this Gnnt Contrac[ without the prior written consent of fie STATE. V IlI. AMENDMENTS: Any amendments ro Uils Grant CooVact shall be in wdting and shal] be executed by the same parties who executed the odginal Grant Contrac[ or their suceessors in office. IX. LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its represenffitrves and employees, hazmless from any and all claims or causes of actioq including all attorneys' fees incurred by the STATE, arising from the perforcnance of [his Crzan[ Contract by GRANTEE or GRAN1'EE's agents or employees. This clause shall not be consWed [o bar any legal remedies GRANTEE may have for [he STATE's failure ro fulfill its obliga[ions pursuant to [his Grant Contrac[. X. STATE AUDITS: The books, records, documenu, and accounting procedures and prnctices of the GRANTEE relevan[ [o Uils Grant Contract shal] be subject to examination by the contracting department and the Legislafive Audi[or, for a minimum of six years from the end of Iltis Grant Contract. XI. GOV ERNMENT DATA PRACTICES ACT: The CONTRACI'OR must comply with [he Minnesota Govemment Data Prnctices Ac[, Minnesota Sratu[es Chapter 13, as it applies [o all data provided by the STATE in accordance with this Contrac[, and as it applies to all da[a crea[ed, collected, received, stored, used, maintained, or dissemina[ed by the CONTRACTOR in accordance with this ContracC. The civil remedies of Mirmesota S[atutes Section 13.08, apply [o the release of the data referred to in this Article by either the CON'CRACTOR or [he STA1'E. In the event the CONTRACTOR receives a reques[ to release the data referred to in [his Ar[icle, [he CONTRACTOR must immedia[ely notify the STATE. The STATE will a �e the CONTRACTOR instructions concerning [he release of the data to [he requesting par[y before ffie data is released. XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STA7'E shall own all rights, title and interes[ in all of the material5 conceived or created by the GRANTEE, or iGS employees or subgrantees, ei[her individually orjomUy wi[h others and which arise out of [he performance of and are paid for under this Gnn[ Contrac[, including any inventions, reports, ADMIN. 1O51�c.wpd (%-2p-99) GrevtCono-xt MPCAMevo/SR Cono-anNUmber eo, S�'1 smdies, designs, drawings, specifications, notes, documents, sofrware and dceumentalion, compu[er bazed training modules, electronica]Iy, magnetically or di�tally recorded marerial, and otf�er work iu wfiatever form ("MA7'ERIALS"). TheGRAN7'EEherebyassignstotheSTA7'Eallrights,titleandinteresttotheMA7'ERIALS. GRAN1'EEshall,uponrequestoftheSTATE,executeallpapecs and perfonn all other acts nuessary to assis[ ihe STATE to obtain and re�ster copyri�hts, pa[ents or other folms of protection provided by ]aw for the MA7'ERIAIa The MA7'ERIALS created under this Grant Contrac[by ihe GRANTEE, its employees or subgantees, individually orjointly with others, shal] be considered "works made for hire" as defined by tLe United Staus Copyright Act. All of the MATERIAI.S, whe[her in paper, electronic, or oNer form, shal] be remitted to [he STA1'E by the GRAM'EE, its employees and any sub�anrees, sttall not copy, reproduce, allow or cause [o t�ave [he MATERIALS copied, reproduced or used for any piupose o[her than perfolmance of the GRANTEE's obli�ations under tltis Grant Contract without the prior written consent of the STA7'E's Autf�orized Representauve. B. GRANTEErepresents and wazrants thatMATERIALS produced or used undertktis Gran[ Contractdo not and will notinfringe upon any intellectual property rights of another, includin� but not limited to patents, copyrights, trade secrets, trade uames, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE's expense, from any action or claim brought against the STA7'E to the extent that it is based on a claim tha[ all or part of the MAT'ERIALS infringe upon the intellecNal property righu of another. GRANTEE shall be responsible for payment of any and all such daims, demands, obligations, liabilities, costs, and darttages including, bu[ no[ limiced to reasonable attomeys' fees arising ou[ of this Gran[ Contract, amendments and suppiements thereto, which are attributable to such claims or actions. If such a claim or ac[ion arises, or in GRANTEE's or the STATE's opinion is likely to azise, GRANTEE shall, at the STATE's discretioq either procure for [he STATE [he right or Gcense to continue osing the MA1'ERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by ]aw. XIII. PUBLICI'I'Y: Any publiciTy given to [he program, publications, or services provided resulRng from [his Gran[ Contrac[, including, but not ]imited ro notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepared by or for the GRAN7'EE or its employees individually or jointly with others or any subgrantees, shall identify the STATE as the aponsoriug agency and shall not be released, unless such release is a specific part of an approved work plan iucluded in tlils Grant Contract pdor to its approval by the STATE's Authorized RepresentaRVe. XIV. WORKERS'COMPENSATION: GRAN7'EEshallprovideacceptableevidenceofcompliancewith[heworkers'compensationinsurancecoveragerequirement of Minn. StaC. § 176181, subd. 2. XV. ANTITRUST: GRANTEE hereby assigns to [he Sta[e of Minnesota auy and all claims for overchazges as ro goods and/or services provided i� co¢nection with this contrac[ resulting from antitrust violations wFtich arise under [he anfitrust laws of the United States and the anritrust laws of the Stace of Minneso[a XVL PROMPT PAYMENT TO SUBCONTRACTORS: (When applicableJ Prtme contmcrors are required to pay subcontrnc[ors pursuant to Minn. StaL § 16A.1245. XV II. JURISDICTION AND VENUE: This Grant Contract and executed amendmenu there[o, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings azising out of this Gnnt Contract, or breach thereof, shall be in the s[ate or federal couR wi[h competentjurisdiction in Ramsey County, Minnesota. XV III. OTHER PROV ISIONS: (Attach additional pages as necessary and incorpornte by reference here. Otherwise insert the word "none.") ADMIN. IOSttm.wpd (0"I-2b99) Geav�Co�eaz� .�1FCAMeho/SR Covvsc�Number ao..s�� IN WI7'NESS WHEREOF, the par[ies have caused this Grnn[ Conhatt to be duly executed in[ending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) ttave exuured the Grnnt Convact on behalf of the GRANTFE as required by applicable articles, by- 2. STATE AGENCY: MINN&SOTA POLLUTION CONTROL AGENCY Gran[ Contract approval and certification [Uat STAT'E funds have been encumbered u required by Minn. Stat §§ 16A15 and 16C.05. ]aws, resolutioas, or ordinances, By: Ti[le: DaCe: By (authorized siwamre): Ticte: Da[e: By: Title: Da[e: By: Title: Date: Distlibution: Agency - Ori�nal (fully executed) Contrac[ Granree S[a[e Authorized Representative ADMIN. 305]¢rc.wpd (0]-20.99) GaneCOVtraa MPCAMew/SR Coneac�Munber i ao-sR1 Attachment A - Grantee's Duties 1. Performance of Response Actions. Grantee shall use the proceeds of this grant solely for the preparation of final design documents, and for construction of the following portions of the Response Action Plan dated December 22, 1999, as modified by the State in a letter dated April 3, 2000 (letter attached as Exhibit 1) • Re-route lower portion of Battle Creek away from the dump. • Re-slope the interface of the dump that abuts Pigs Eye Lake; remove waste along inYerface and replace with a select fill material; place a buffer zone of fill in the old creek bed and the remaining interface; and re-vegetate the soil at dump/Pigs Eye Lake interface. • Stabilize and construct cover over battery disposal azea. • Place fill and plant trees over southeast pond and outlet. Any drums containing waste which are encountered during work will be staged in or near roll-off containers provided by the State. Drums will then be tested and disposed of by the State under a separate contract. In addition to the response actions identified in this Attachment A, Grantee shall implement at its own cost the response actions identified in Attachment B--Matching Requirements; provided that grant funds may be used to pay for the design work for that portion of the cover which the Grantee is required to implement under Attachment B (approximately 70,000 cubic yards) in the 2000 construction season. None of the proceeds of this grant may be spent for any legal or administrative costs of the Grantee. As used in this grant contract, the term "RAP" means the Response Action Plan as modified by the April 3, 2000 MPCA letter. Response actions for the Site are described in more detail in the RAP. All work required under this Grant contract shall be completed on or before December 31, 2001. Grantee shall prepare a Site Health and Safety Plan prior to implementing response acrions which are funded under this Grant Contract. Any employees of Grantee, or its contractors or subcontractors, perfornung any work to construct the response actions 00-5�1 required to be implemented using funds under this Grant Contract shall have up to date 40 hour OSHA safety training for work on hazardous waste sites (OSHA 1910.120). Selected general contractor must have at least 5 years of environmental remediation experience and have the capability and equipment, to work in level B, C, and D protection gear, or have direct access to a subcontractor that has this capability. The Grantee's selected contractor must also have experience in excavating and handling drums of waste. OSHA tr�aining requirements and safety matters for Grantee's personnel or contractors perfornung work under Attachment B to this Grant Contract is the Grantee's responsibility. 2. Requirements For Bid Documents and Contracts for Response Action Construction a. Before soliciting bids from contractors for performance of response action construction, the Grantee shall submit final design documents, including technical specifications, which set forth implementation details to the State far review, modification, and approval as provided in Attachment C. b. Bid documents for selecting response action contractor(s) will be prepazed by the Grantee. Prior to advertising the bid documents, Crrantee shall submit the documents to the State for review. c. The bid documents prepared and the contract(s) entered into by the Grantee for construction of response actions under this Grant Contract shall provide for compliance with the following requirements: l. Workers compensation insurance requirement of Minn. Stat. § 176.182. 2. Prevailing wage law, Minn. Stat. §§ 177.41 to 177.43. 3. Nondiscrimination requirements of Minn. Stat. § 181.59. 4. Payment and performance bond requirements of Minn. Stat. 574.26. 5. Compliance with 40 hour OSHA training requirement for work on hazardous waste sites by contractor's personnel. 6. Grantee will retain 10% of any contract payment until all design and/or construcrion work has been deemed satisfactorily completed by both the Grantee and the State. c. The State shall not be held as a party to any contract entered into by the Grantee to implement its duties under this Grant Contract. 00-5� d. After review of bid responses the Grantee will submit its recommended contractor to the State for concunence. 3. Reporting Requirements By the lOthe day of each month the Grantee will send a progress report to the State detailing work accomplished in the previous month as well as work planned for the upcoming monti�. Copies of all invoices, amounts paid, and amount retained, for the month will be included in the progress reports. A final construction report detailing construction activity, completion, and any problems encountered shall be submitted to the State within 60 days of completion of all work required under this Grant Contract. The report will also include a detailed breakdown of funds spent per task - including invoices paid and retainage. 00 •3�'1 Attachment B — Matching Requirements In addition to the response actions identified in Attachment A--Grantee's Duties, the CrrauTee shall be responsible for implementing at its own cost the following response actions for the Site: • delivery, spreading and seeding of approximately 70,000 cubic yazds of ciean fill which represents approximately one third of the fill needed to provide 2 feet of cover to those azeas that do not cuirently have 2 feet of cover. • operation, maintenance and monitoring of response actions implemented under this Grant Contract. • The Grantee is responsible for all administrative and legal costs associated with implementation of this Grant Contract, including Grantee's personnel costs associated with the Grantee's administration and oversight of the design and construction of work to be performed under this Grant Contract. � Grantee shail include with final design documents tha final design for all matching requirements (including area to be covered, depth, fill type, operarion, maintenance, and monitoring plan etc.) to the State for review and approval as provided in Attachment C before construction begins. (Use of grant money for design is covered in Attachment A. Grant cannot be used to construct cover under Attachment B). oo-s�� ATTACFIMENT C - OTHER PROVISIONS 1. Settlement of Liability Under Minn. Stat. § 115B.17. This Grant Contract constitutes a partial settlement between the State and the City of Saint Paul of the City's liability for releases and threatened releases of hazardous substances and pollutants or contaminants at or from the Pigs Eye Dump Superfund Site. Additional terms and conditions of the Grant Contract relating to this partial settlement are set forth in items 2 to 4 below. 2. Covenant Not To Sue. a. In consideration for and conditioned upon Grantee's performance of the response actions and other duties specified in Attachments A and B to this Grant Contract (Grantee Duties), and based on the information known to the State on the effective date of this Grant Contract, the State covenants not to bring any administrative, legal or equitable action available to the State under Minn. Stat. § 115B.01 to 115B.24, 42 U.S.C. § 9607, or other State or federal law, regazding the performance of response actions specifically described in Attachment A or Attachment B to this Grant Contract and regarding the recovery of the State's costs incurred in reviewing and approving the Response Action Plan for the Site, or in implementing and overseeing the Grantee's impiementation of response actions under this Grant Contract. b. This Grant Contract does not address any liability of the Crrantee to take or pay the cost of response actions in addition to those specifically required in Attachment A or Attachment B to this Grant Contract that may be required to complete the State-approved Response Action Plan for the Site or to otherwise protect public health and welfue and the environment from any currently lrnown releases and threatened releases at or from the site, or that may be required to address any release or threatened release of hazazdous substances or pollutants or contaminants at or from the Site which may be discovered after the effective date of this Grant Contract. Nothing in this Grant Contract shall preclude the State from exercising any administrative, lega] or equitable remedy available to it to require Grantee to take or pay the cost of such additional response actions. Grantee reserves whatever rights and defenses may be available to it in the event that the State takes further action to require Grantee to take or pay the cost of additional response actions under this paragraph. 3. Other Claims Not Affected By Settlement Nothing in this Grant Contract is intended to bar or release any claims, causes of action or demands in law or equity by the State or the Grantee against any person, firm, partnership or corporation not a signatory to this Grant Contract for any liability such other person or entity may have arising out of or relating in any way to any release or threatened release of any hazardous substances or pollutants or contaminants at or from ao_ s�� the Site. In accordance with Minn. Stat. Section 115B.17, Subd. 18, any conh claims by the Grantee are subordinate to any claims asserted by the State. 4. Contribution Claims The Parties agree that this Crrant Contract embodies a"settlement," as that term is used in Section 113(fl(2) of CERCLA, 42 U.S.C. Section 9613(�(2), as amended, and as that term is used in Minn. Stat. §115B.17, Subd. 18 (1998) and that Grantee is entitled, with respect to the Site, to contribution protecrion from any person not a party to this Order to the extent provided by Section 113(fl(2) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and in Minn. Stat. § 115B.17, Subd. 18 (1998) for matters addressed in this Grant Contract. 5. Grantee Indemnification. Grantee's indemnification and hold hannless agreement under Paragraph IX of this Grant Contract also extends to all claims or causes of action, including al] attorneys fees incurred by the State, arising from the performance of this Grant Contract by Grantee's contractors. 6. Additional Remedies For Unsatisfactory Performance. If the State's Authorized Representative determines that any response action construction work required to be constructed under this Grant Contract has not been constructed in accordance with the requirements of this Grant Contract, the State's Authorized Representative shail notify the Grantee in writing of the deficiency, and provide direction to Grantee for bringing the work into compliance. The Grantee shai] bring the work into compiiance within a reasonable time (not to exceed two months) as specified in the notice or shall be obligated to repay that portion of the Grant that is equal to the cost of bringing the work into compliance. The state's authority to make this determination and transmit this norice shall ternunate 90 days following the submission and approval of the Final Construction Report. 7. Unused funds. In the event there are unused grant funds after construction of the response actions listed in Attachment A- Grantee Duries, the Grrantee may request the State to amend this Grant Contract to aliow use of such funds for implementing additional response actions. If the State notifies Grantee that it does not intend to amend this Grant Contract, then Grantee shali return such unused funds to the State not less than 30 days after receiving such notice. Oo—S�� 8. Review and Approval of Submittals The review of each submittal, document, report, or schedule final design, or bid document (collectively refened to hereafter as "Submittal") which is required to be submitted to and reviewed by the State under this Grant Contract shall be as follows: a. The State shall review each Submittai made by Grantee within fifteen (15) calendar days (or sooner) of receipt and notify Grantee in writing of the State's approval, disapproval, or modification of the Submittal. If the Submittal is approved, it shall be deemed incorporated in this Grant Contract. If the Submittal is disapproved in whole or part, the State shali notify Grantee and shall explain the amendments or revisions that are necessary to bring the Submittal into compliance with this Grant Contract. If the Submittal is modified, the State shall notify Grantee of the specific modifications made to the Submittal and the reasons therefor. b. Within fifteene (15) calendar days of receipt of any notice of disapproval or modification, or on the first working day thereafter, Grantee shall (1) submit revisions necessary to bring the Submittal into compliance with this Grant Contract, (2) respond to the modifications or (3) State in writing the reasons why the Submittal, as originally submitted, should be approved. c. If, within fifteen (15) calendar days from the date of Grantee's submission under paragraph b above, or the first working day thereafter, the parties have not reconciled all issues with respect to the Submittal, the State shall make final modifications of the Submittai as it deems necessary and the modified Submittal shall be deemed incorporated in this Grant Contract. d. All Submittals or final modifications thereto shall be technologically feasible and in accordance with sound engineering practices. e. The State and Grantee shall consuit with each other during the review of 5 Submittals. 9. Neither the issuance of this grant nor this agreement does or is intended to prevent the grantee from applying for or securing or entering into additional grant agreements relating to the payment of costs to perform remedial actions at this site. Return copy to: O R i G 1 Na � Reai Estate Division 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # oo - S 9 Z Green Sheet # 104836 Committee: Date WHEREAS, Minnesota Statutes Section 115B_17, Subdivision 19(t�, (2000) allows the Minnesota Poilution Control Agency (MPCA) to grant funds for the implementation of a portion of an approved response action plan (RAP), and 'WI�REAS, the City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's Eye Dump, and a WHEREAS, the MPCA has submitted a grant agreement, a copy of which is attached hereto, to the City 9 for monies to be used implement a portion of the clean up at the Pig's Eye dump, in accordance with the io approved RAP, in the amount of $2,000,000, now therefore be it ii t2 13 14 is 16 RESOLVED, the City of Saint Paul has the institutional, managerial and financial capability to ensure adequate construction, operation and maintenance of the proposed project, now therefore be it RESOLVED, the Mayor and proper City officials of the City of Saint Paul are hereby authorized to execute said agreement on behalf of the City. Requested by Department of: Adopted by Council: Date Adoption Certified by Council�Secretary By: � Approved � Mayor. Date ` ikl� 1 SZAq�}' By: Technoloev & Manaeement Services By: ��/?��itJG L�� u � Director Form Approved by City Attorney B �b.;.Z..L/l✓.�..a-- b-t 1- e o Approve J y ayo�r for Submission to Council ,� �` - By: DIVISION ontac[ Pe�son and Phone Number: Peter Wlrite �� Co�mcil Agenda by: 266-8853 # OF SIGNAI`URE PAGES Date: May z �. �, � 1 iC] (OR.ISSLSTe1NT) ALL LOCAITONS FOR Approval of a grant agreement between the Minnesota Pollution Control Agency (MPCA) and the City to begin the clean up acrion at the old Pigs's Eye Dump. BSONAL SERVICE CONTRACTS M[IST ANSWER THE FOLLOWIlVG: Has the persodfirm evec worked under a coniraM for ihis depar�ment? YES NO PLANNPlG COMMISSION A sxnFr Iias this persun/£uw ever been a City employee? CIDO. SERV[CE COMMLSSION cB CobIDiIT[F.E WHICH COUNCII, OBJEC'PIVE? Does iLis persodFirm possess a sldll not normally possessed by any current Ciry employee? YES NO YES NO COUNCII. WARD(S) �j DISTRICT YLANNING COUNCII, � NG PROBLEM, ISSUE, OPPOR'1'UlvI7'] (Who, Wl�ay Wh¢n, Where, Why?): The 5tate Legislature passe�an amendment to the superfund law to allow the MPCA to grant funds to begin clean up of dumps that meet certain criteria. AGES IF APPROVED: The City will begin the clean up of the Pig's Eye Dump site. IF APPROVED: None .NTAGES IF NOT APPROVED: The opportunity to use this money will be los� �1'OTAL AMOUNT OF'PRANSACTION: $2 nvliiOn COSTfREVENUE BUDGETED (CIRCLE ONE) YES NO F[7NDINGSOURCE: S�tQ�l•ant ACITVII'YNUMBER: �.___ FA*ANCIAL INFORMAITON: (EXPLAIl� � i .. 2000 Green Sheet Number: ARTMEN7'DIItECi'OR 4 CITYCOUN e nrrotcivEx '� . � c�.eu m e — S�l 104836 OFFINA21CIAi,SVCS. oo.s`+11 � � � � � � � � � � � � ' � � � � .ax'9 � I�W �., a c� -� � 0 0 _\ F O P Z u P� S �s S� ��5 e 0 A ` � E A �� •_ �� • / � �/ N QJ � � �� ov � �J � �F � � t.i � � � �1.� � �0. �� - �o .� 0 =, — �� 4 O Z w O � O � � � Q p Qti^ q Q ~ j � � J U � JZ� J J Q W W, W z � � � LJJ � ¢ � U . Z C� � W p � � � Y W Z O � � � N � O a • � N ¢ m � STATE OF MINNESOTA State Accounting Information: Agency: Minnesota Pollution Control Agf Total Amount of Contract: $2,000,000.00 Commodiri Code: 0 Object Code: 265 GRANT CONTRACT Fiscal Yeaz: 2000 � Vendor Number: 0 Amount of Contract First FY: $2,000,000.00 ae _S'1� Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 330 Fund: 0 Fund: 0 Org/Sub: M31R Org/Sub: Org/Sub: Appr: GOS Appr: Appr: Rept Catg: Rept Catg: Rept Catg: AmounC $2,OOQ000.00 Amount: $0.00 Amount: $0.00 Processing Information: BeginDate: Uponfinal signature End Date: July 31, 2000 Contract: 0 4/14/00 Number/ Date/ Signature [Individual signing certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05.] NOTTCE TO GRANTEE: GRAN7'EE is required by Minn. Stat § 270.66 to provide your sceial security number or fedecal employer tax identificafion number and Minnesota tax identification number if you do business with the State of Minnesota. This infoanation may be used in the enForcement of federal and state [ax laws. Supplying these numbers could resul[ in action requiring GRAN1'EE [o file sta[e tax reNms and pay delinquent sta[e taz ]iabili[ies, if any. This erant conlract wil] not be aonroved unless these numbers are nrovided. These numbers will be available to federal and sta[e tax authorities and sta[e pecsonnel involved in approving the gran[ contract and the paymen[ of sta[e obligalions. Grantee Name and Address: City of Saint Paul c/o Peter Wlrite 140 City Hal] Sain[ Paul, MinnesoEa - 55102 Soc. Sec. or Federnl Employer I.D. No. 41-6005521 Minnesota Tax I.D. No. (if appGcable) 8025095 THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXT`ERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this Grant Contract intemally, only offices that require access to the taz identification number AND any individuals/offices signing this Grant Contract should have access to this page. a ADN3\. IOSismupd (p]-A99) Grn�Conva NPC.1Mevo/SR Covvacc\umbcr 00-5'?� THIS Grent Cbnhact, and amendmenis and supplemenLS thereto, is between ihe State of Minnesota, acting through its Minnesota Pollution Control Aeencv (MPCA) (hereinafter"STATE")andtheCiriofSainiPaul anindependentconhactor,notanemployeeoftheStateofNlinneso�a,address140CiriHall.SaintPanl.MN (hereinafter "GRANTEE"). W HEREAS, the STAT"E, pursuan[ to Minn. Siat § 1 liB.17. subd. 19, as amended bv Min¢. l.aws 2000. ch. i76. sec. I. is empowered [o en[er into a�eemeots arid make ganis for tbe imolementation of a oorrion of MPCA-annroved remedial action at sites ]isted on the SFete's nermanent ]ist of oriorifies of Sunerfund sites: and WHEREAS. rhe Pies Eve Dumo Sunerfund Site (Site), in tl�e Citv of Saint Paul. is lisred on the nermanent list of oriorities: and WHEREAS, the MPCA haz anoroved remedia] actions for the Site as documented in the Remedial Action Plan 5ubmitted bv the Grantee. dated December 23. 1999, as modified bv the MPCA in a]etter dated Anri13. 2000: and WHEREAS, oursuant to Minn. Siat & 115B.19, subd. 19, az amended. [he StaCe has detemuned that there are other versons idenfified bv the MPCA as resnons�ble or po[entiallv resnonsib(e for the release of hazazdous substances at the Site who are not pazticinatine in this Gmn[ aseement, and haz vrovided writ[en notice to [hose resnonsible nersons known [o the Sta[e of their oonortunitv to narticioate in tltis Grant aereement or other aoorovriare settlemen[, and W HEREAS, the Grantee's acce [ance of a nt and of the terms and obli a[ions of this Gra�t A ement has been dul autho�zed b the Cit of Saint Paul, and W HEREAS, GRANTEE represents that it is duly quali£ed and willing to pedorm the services se[ forth herein. NOW, THEREFORE, it is ag�eed: (Attach addiUOnal page if necessary, which is incorpora[ed by reference and made a part of this ageemen[.) GRANTEE shalL See Attachment A- Gran[ee Duties II. A. CONSIDERATION: Considerauon for all services pedomied by GRANTEE pursuant m this grant contract shall be paid by the STATE as follows: 1. COMPENSATION: Compensationinanamountnottoexceed$2000000,basedonthefollowingcomputation: PursuantroMinn.Stat. F I 15B 17. subd. 19, as amended [he MPCA has determined tha[ $2 millio» dces not exceed the pronor[ion of the cosGS of the resnonse action olan attributable [o the liabiliN of resnonsible Versons who are not vazties ro tlils Gran[ A�eement. 2. (If applicable.) GRANTEE certifies [ha[ [he fo]Iowing ma[ching requiremen[ for the Gran[ will be met by GRANTEE. See Attachment B- Matching Requirements 3. REIMBURSEMENT: Reimbursement for have] and subsistence expenses acntally and necessartly incurzed by GRAN1'EE in performznw of this. Grant Contract in an amount not to exceed zero dollars ($�; provided that GRAN1'EE shall be reimbu�sed for travel and subsistence expenses in the same manner and in no �'eater amount than provided in fie wrrent "Comrttissioner s Plaq" promulgared by the Commissioner of Employee Relalions. TheGRAN7'EEsfiallnotbereimbursedfortravelandsubsistenceexpenseincurtedoutside[heStateofMinnesotaunlessithasreceived prior written approval for such out-of-state travel from [he STATE. ADMIN. IOSlsm.wpd (0"1-20.99) Grao�Covo-aze MPCAMe�SR ComrecoNUmbei 0 a_SR'1 TFiE TOTAL OBLIGATTON OF THE STATE FOR ALL COMPENSATTON AND REIMBURSEMENTS TO GRANTEE SHALL NOT EXCEED: hvo million dollars (520000001. B. TERMS OF PAYMENT INVOICE: Paymeu[s shall be made by tfie STATE promptly after GRANTEE's presentation of invoices for services performed and acceprznce of such services by the STATE's Authorized Representative pusuant to Clause V L[nvoices shall be submitred in a form prescribed by the STA1'E and according to the following schedule: Notwithsqndins the above orovisions of this oazaganh II.B.1, the State a_aees to nav the mant monev to the Grantee before nresentalion of invoices for services oe6ormed. accordine to a schedule as follows: Pavment [o the Crtan[ee shall be in four installments of 5500.000 over [he course of the work. The first pavment of S500.000 shall be made wi[hine 4 davs afrer the effeclive da[e of [he Grnn[ Aereement. Based on the need for additiona] funds the Gran[ee shall reques[ navment of additlona( 5500.000 installmen[s in wcitine. The requestmus[indude abrief explanavon of what the next installmen[ will be used for. FEDERAL F[JNDS: (When applicable.) Payments are to be made from federnl funds obtzined by the STATE through Tide _of the _ Act of _(Public law _ and amendmenu [here[o). If at any time such funds become u�available, this Grant ConVact shall be temtina[ed immedia[ely upon written novice of such fact by [he STATE [o the GRANTEE. In the event of such tertninatioq GRANTEE shall be entitled to paymenk de[ertnined on a pro nta basis, for services sa[isfactonly performed. IIL CONDITIONS OF PAYMENT: All services provided by the GRANTEE pursuant to this Grant Contract shall be pedormed to the satisfaction of the STATE, as de[e�mined at [he sole discretiou of iGS Authorized Represeutative, and in accord with al] applicable federal, sta[e and ]oca] laws, ordinances, mles and regulations The GRAN1'EE shall no[ receive paymen[ for work found by [he STA1'E to be unsatisfac[ory or perfolmed in violation of federal, sta[e or ]ocal law, ocdinance, mle oc regulation. ADMIN. 1O51�rc.wpL (0']-20-99) GranvConeace MPCAMeeo/SR CoovaaNumber 00 -s�� N. TERMOFGRANT:ThisGantContractsha116eeffectiveonAOri126.,2000,oruponthedatelhatthe8nalreqviredsignatureisobtainedbytheSTA7'E, pursuant to Mina Stai § 16C.05, subd. 2, whichever occnrs later, and shall remain in effect until June 30, 2000, or unril all obligations set forth in this Gmnt Contract ttave bee� satisfactorily fulfilled, whichever occurs firsG The GRANTEE undersYands that NO work should begin under tlus Grant Coa�ac[ unffi ALL required signatures have been obtained and GRANTEE is notified to begin work by the STAT'E's A�thor'u.ed Representative V. CANCELLA7TON:T7usGrentCouuactmaybecanceledbyil�eSTATEOrGRANTEEa[anytime,withorwithoutcause,upontfcirty(i0)days'writtennotice to tk�e other party. In the event of such a cancellalion, GRANTEE shall be e¢litled to payment, de[elmined on a pro rata buis, for work or services satisfactoriiy performed. Also, in the event of such a cancellation, the STATE shall be enbUed to repayment, determined on a rata basis, of any funds initially advanced by the STATE to the GRANTEE. The STA7'E may cancel lltis Gran[ Contract immediatety if the STATE finds Uiat there has been a failure to comply with the provisions of this Grant Contmc[ that reasonable progress has no[ been made or tFtat the puiposes for wttich the funds were grented have not been or wiI] no[ be fulfilled, the $TATE may take aclion to proteM the interests of the Sta[e of Minnesota, including the refusal to disburse additional funds and requiring tfie retum of all or part of the funds already disbursed. V I. STA7'E'S AUTHORIZED REPRESENTATNE: The STATE's Authortzed Representative for the puiposes of administration of this Gant Contract is Frank Wallnec Such represenUtive shall have final authority for acceptance of GRAN7'EE's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant [o clause lI, paragraph B. The GRANTEE's Authorized RepresentaUve for purposes of administration of [h�s gan[ contract is Pe[er 4Vhite. The GRANTEE's Authorized Representa[ive shall have full authoriTy [o represen[ GRANTEE in i[s fulfillmen[ of [he [ertns, conditions and requirements of this Gra�[ Contract. V II. ASSIGNMENT: GRAN'CEE shall nei[6er assign nor hansfer any rights or obligations under this Gnnt Contrac[ without the prior written consent of fie STATE. V IlI. AMENDMENTS: Any amendments ro Uils Grant CooVact shall be in wdting and shal] be executed by the same parties who executed the odginal Grant Contrac[ or their suceessors in office. IX. LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its represenffitrves and employees, hazmless from any and all claims or causes of actioq including all attorneys' fees incurred by the STATE, arising from the perforcnance of [his Crzan[ Contract by GRANTEE or GRAN1'EE's agents or employees. This clause shall not be consWed [o bar any legal remedies GRANTEE may have for [he STATE's failure ro fulfill its obliga[ions pursuant to [his Grant Contrac[. X. STATE AUDITS: The books, records, documenu, and accounting procedures and prnctices of the GRANTEE relevan[ [o Uils Grant Contract shal] be subject to examination by the contracting department and the Legislafive Audi[or, for a minimum of six years from the end of Iltis Grant Contract. XI. GOV ERNMENT DATA PRACTICES ACT: The CONTRACI'OR must comply with [he Minnesota Govemment Data Prnctices Ac[, Minnesota Sratu[es Chapter 13, as it applies [o all data provided by the STATE in accordance with this Contrac[, and as it applies to all da[a crea[ed, collected, received, stored, used, maintained, or dissemina[ed by the CONTRACTOR in accordance with this ContracC. The civil remedies of Mirmesota S[atutes Section 13.08, apply [o the release of the data referred to in this Article by either the CON'CRACTOR or [he STA1'E. In the event the CONTRACTOR receives a reques[ to release the data referred to in [his Ar[icle, [he CONTRACTOR must immedia[ely notify the STATE. The STATE will a �e the CONTRACTOR instructions concerning [he release of the data to [he requesting par[y before ffie data is released. XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STA7'E shall own all rights, title and interes[ in all of the material5 conceived or created by the GRANTEE, or iGS employees or subgrantees, ei[her individually orjomUy wi[h others and which arise out of [he performance of and are paid for under this Gnn[ Contrac[, including any inventions, reports, ADMIN. 1O51�c.wpd (%-2p-99) GrevtCono-xt MPCAMevo/SR Cono-anNUmber eo, S�'1 smdies, designs, drawings, specifications, notes, documents, sofrware and dceumentalion, compu[er bazed training modules, electronica]Iy, magnetically or di�tally recorded marerial, and otf�er work iu wfiatever form ("MA7'ERIALS"). TheGRAN7'EEherebyassignstotheSTA7'Eallrights,titleandinteresttotheMA7'ERIALS. GRAN1'EEshall,uponrequestoftheSTATE,executeallpapecs and perfonn all other acts nuessary to assis[ ihe STATE to obtain and re�ster copyri�hts, pa[ents or other folms of protection provided by ]aw for the MA7'ERIAIa The MA7'ERIALS created under this Grant Contrac[by ihe GRANTEE, its employees or subgantees, individually orjointly with others, shal] be considered "works made for hire" as defined by tLe United Staus Copyright Act. All of the MATERIAI.S, whe[her in paper, electronic, or oNer form, shal] be remitted to [he STA1'E by the GRAM'EE, its employees and any sub�anrees, sttall not copy, reproduce, allow or cause [o t�ave [he MATERIALS copied, reproduced or used for any piupose o[her than perfolmance of the GRANTEE's obli�ations under tltis Grant Contract without the prior written consent of the STA7'E's Autf�orized Representauve. B. GRANTEErepresents and wazrants thatMATERIALS produced or used undertktis Gran[ Contractdo not and will notinfringe upon any intellectual property rights of another, includin� but not limited to patents, copyrights, trade secrets, trade uames, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE's expense, from any action or claim brought against the STA7'E to the extent that it is based on a claim tha[ all or part of the MAT'ERIALS infringe upon the intellecNal property righu of another. GRANTEE shall be responsible for payment of any and all such daims, demands, obligations, liabilities, costs, and darttages including, bu[ no[ limiced to reasonable attomeys' fees arising ou[ of this Gran[ Contract, amendments and suppiements thereto, which are attributable to such claims or actions. If such a claim or ac[ion arises, or in GRANTEE's or the STATE's opinion is likely to azise, GRANTEE shall, at the STATE's discretioq either procure for [he STATE [he right or Gcense to continue osing the MA1'ERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by ]aw. XIII. PUBLICI'I'Y: Any publiciTy given to [he program, publications, or services provided resulRng from [his Gran[ Contrac[, including, but not ]imited ro notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepared by or for the GRAN7'EE or its employees individually or jointly with others or any subgrantees, shall identify the STATE as the aponsoriug agency and shall not be released, unless such release is a specific part of an approved work plan iucluded in tlils Grant Contract pdor to its approval by the STATE's Authorized RepresentaRVe. XIV. WORKERS'COMPENSATION: GRAN7'EEshallprovideacceptableevidenceofcompliancewith[heworkers'compensationinsurancecoveragerequirement of Minn. StaC. § 176181, subd. 2. XV. ANTITRUST: GRANTEE hereby assigns to [he Sta[e of Minnesota auy and all claims for overchazges as ro goods and/or services provided i� co¢nection with this contrac[ resulting from antitrust violations wFtich arise under [he anfitrust laws of the United States and the anritrust laws of the Stace of Minneso[a XVL PROMPT PAYMENT TO SUBCONTRACTORS: (When applicableJ Prtme contmcrors are required to pay subcontrnc[ors pursuant to Minn. StaL § 16A.1245. XV II. JURISDICTION AND VENUE: This Grant Contract and executed amendmenu there[o, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings azising out of this Gnnt Contract, or breach thereof, shall be in the s[ate or federal couR wi[h competentjurisdiction in Ramsey County, Minnesota. XV III. OTHER PROV ISIONS: (Attach additional pages as necessary and incorpornte by reference here. Otherwise insert the word "none.") ADMIN. IOSttm.wpd (0"I-2b99) Geav�Co�eaz� .�1FCAMeho/SR Covvsc�Number ao..s�� IN WI7'NESS WHEREOF, the par[ies have caused this Grnn[ Conhatt to be duly executed in[ending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) ttave exuured the Grnnt Convact on behalf of the GRANTFE as required by applicable articles, by- 2. STATE AGENCY: MINN&SOTA POLLUTION CONTROL AGENCY Gran[ Contract approval and certification [Uat STAT'E funds have been encumbered u required by Minn. Stat §§ 16A15 and 16C.05. ]aws, resolutioas, or ordinances, By: Ti[le: DaCe: By (authorized siwamre): Ticte: Da[e: By: Title: Da[e: By: Title: Date: Distlibution: Agency - Ori�nal (fully executed) Contrac[ Granree S[a[e Authorized Representative ADMIN. 305]¢rc.wpd (0]-20.99) GaneCOVtraa MPCAMew/SR Coneac�Munber i ao-sR1 Attachment A - Grantee's Duties 1. Performance of Response Actions. Grantee shall use the proceeds of this grant solely for the preparation of final design documents, and for construction of the following portions of the Response Action Plan dated December 22, 1999, as modified by the State in a letter dated April 3, 2000 (letter attached as Exhibit 1) • Re-route lower portion of Battle Creek away from the dump. • Re-slope the interface of the dump that abuts Pigs Eye Lake; remove waste along inYerface and replace with a select fill material; place a buffer zone of fill in the old creek bed and the remaining interface; and re-vegetate the soil at dump/Pigs Eye Lake interface. • Stabilize and construct cover over battery disposal azea. • Place fill and plant trees over southeast pond and outlet. Any drums containing waste which are encountered during work will be staged in or near roll-off containers provided by the State. Drums will then be tested and disposed of by the State under a separate contract. In addition to the response actions identified in this Attachment A, Grantee shall implement at its own cost the response actions identified in Attachment B--Matching Requirements; provided that grant funds may be used to pay for the design work for that portion of the cover which the Grantee is required to implement under Attachment B (approximately 70,000 cubic yards) in the 2000 construction season. None of the proceeds of this grant may be spent for any legal or administrative costs of the Grantee. As used in this grant contract, the term "RAP" means the Response Action Plan as modified by the April 3, 2000 MPCA letter. Response actions for the Site are described in more detail in the RAP. All work required under this Grant contract shall be completed on or before December 31, 2001. Grantee shall prepare a Site Health and Safety Plan prior to implementing response acrions which are funded under this Grant Contract. Any employees of Grantee, or its contractors or subcontractors, perfornung any work to construct the response actions 00-5�1 required to be implemented using funds under this Grant Contract shall have up to date 40 hour OSHA safety training for work on hazardous waste sites (OSHA 1910.120). Selected general contractor must have at least 5 years of environmental remediation experience and have the capability and equipment, to work in level B, C, and D protection gear, or have direct access to a subcontractor that has this capability. The Grantee's selected contractor must also have experience in excavating and handling drums of waste. OSHA tr�aining requirements and safety matters for Grantee's personnel or contractors perfornung work under Attachment B to this Grant Contract is the Grantee's responsibility. 2. Requirements For Bid Documents and Contracts for Response Action Construction a. Before soliciting bids from contractors for performance of response action construction, the Grantee shall submit final design documents, including technical specifications, which set forth implementation details to the State far review, modification, and approval as provided in Attachment C. b. Bid documents for selecting response action contractor(s) will be prepazed by the Grantee. Prior to advertising the bid documents, Crrantee shall submit the documents to the State for review. c. The bid documents prepared and the contract(s) entered into by the Grantee for construction of response actions under this Grant Contract shall provide for compliance with the following requirements: l. Workers compensation insurance requirement of Minn. Stat. § 176.182. 2. Prevailing wage law, Minn. Stat. §§ 177.41 to 177.43. 3. Nondiscrimination requirements of Minn. Stat. § 181.59. 4. Payment and performance bond requirements of Minn. Stat. 574.26. 5. Compliance with 40 hour OSHA training requirement for work on hazardous waste sites by contractor's personnel. 6. Grantee will retain 10% of any contract payment until all design and/or construcrion work has been deemed satisfactorily completed by both the Grantee and the State. c. The State shall not be held as a party to any contract entered into by the Grantee to implement its duties under this Grant Contract. 00-5� d. After review of bid responses the Grantee will submit its recommended contractor to the State for concunence. 3. Reporting Requirements By the lOthe day of each month the Grantee will send a progress report to the State detailing work accomplished in the previous month as well as work planned for the upcoming monti�. Copies of all invoices, amounts paid, and amount retained, for the month will be included in the progress reports. A final construction report detailing construction activity, completion, and any problems encountered shall be submitted to the State within 60 days of completion of all work required under this Grant Contract. The report will also include a detailed breakdown of funds spent per task - including invoices paid and retainage. 00 •3�'1 Attachment B — Matching Requirements In addition to the response actions identified in Attachment A--Grantee's Duties, the CrrauTee shall be responsible for implementing at its own cost the following response actions for the Site: • delivery, spreading and seeding of approximately 70,000 cubic yazds of ciean fill which represents approximately one third of the fill needed to provide 2 feet of cover to those azeas that do not cuirently have 2 feet of cover. • operation, maintenance and monitoring of response actions implemented under this Grant Contract. • The Grantee is responsible for all administrative and legal costs associated with implementation of this Grant Contract, including Grantee's personnel costs associated with the Grantee's administration and oversight of the design and construction of work to be performed under this Grant Contract. � Grantee shail include with final design documents tha final design for all matching requirements (including area to be covered, depth, fill type, operarion, maintenance, and monitoring plan etc.) to the State for review and approval as provided in Attachment C before construction begins. (Use of grant money for design is covered in Attachment A. Grant cannot be used to construct cover under Attachment B). oo-s�� ATTACFIMENT C - OTHER PROVISIONS 1. Settlement of Liability Under Minn. Stat. § 115B.17. This Grant Contract constitutes a partial settlement between the State and the City of Saint Paul of the City's liability for releases and threatened releases of hazardous substances and pollutants or contaminants at or from the Pigs Eye Dump Superfund Site. Additional terms and conditions of the Grant Contract relating to this partial settlement are set forth in items 2 to 4 below. 2. Covenant Not To Sue. a. In consideration for and conditioned upon Grantee's performance of the response actions and other duties specified in Attachments A and B to this Grant Contract (Grantee Duties), and based on the information known to the State on the effective date of this Grant Contract, the State covenants not to bring any administrative, legal or equitable action available to the State under Minn. Stat. § 115B.01 to 115B.24, 42 U.S.C. § 9607, or other State or federal law, regazding the performance of response actions specifically described in Attachment A or Attachment B to this Grant Contract and regarding the recovery of the State's costs incurred in reviewing and approving the Response Action Plan for the Site, or in implementing and overseeing the Grantee's impiementation of response actions under this Grant Contract. b. This Grant Contract does not address any liability of the Crrantee to take or pay the cost of response actions in addition to those specifically required in Attachment A or Attachment B to this Grant Contract that may be required to complete the State-approved Response Action Plan for the Site or to otherwise protect public health and welfue and the environment from any currently lrnown releases and threatened releases at or from the site, or that may be required to address any release or threatened release of hazazdous substances or pollutants or contaminants at or from the Site which may be discovered after the effective date of this Grant Contract. Nothing in this Grant Contract shall preclude the State from exercising any administrative, lega] or equitable remedy available to it to require Grantee to take or pay the cost of such additional response actions. Grantee reserves whatever rights and defenses may be available to it in the event that the State takes further action to require Grantee to take or pay the cost of additional response actions under this paragraph. 3. Other Claims Not Affected By Settlement Nothing in this Grant Contract is intended to bar or release any claims, causes of action or demands in law or equity by the State or the Grantee against any person, firm, partnership or corporation not a signatory to this Grant Contract for any liability such other person or entity may have arising out of or relating in any way to any release or threatened release of any hazardous substances or pollutants or contaminants at or from ao_ s�� the Site. In accordance with Minn. Stat. Section 115B.17, Subd. 18, any conh claims by the Grantee are subordinate to any claims asserted by the State. 4. Contribution Claims The Parties agree that this Crrant Contract embodies a"settlement," as that term is used in Section 113(fl(2) of CERCLA, 42 U.S.C. Section 9613(�(2), as amended, and as that term is used in Minn. Stat. §115B.17, Subd. 18 (1998) and that Grantee is entitled, with respect to the Site, to contribution protecrion from any person not a party to this Order to the extent provided by Section 113(fl(2) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and in Minn. Stat. § 115B.17, Subd. 18 (1998) for matters addressed in this Grant Contract. 5. Grantee Indemnification. Grantee's indemnification and hold hannless agreement under Paragraph IX of this Grant Contract also extends to all claims or causes of action, including al] attorneys fees incurred by the State, arising from the performance of this Grant Contract by Grantee's contractors. 6. Additional Remedies For Unsatisfactory Performance. If the State's Authorized Representative determines that any response action construction work required to be constructed under this Grant Contract has not been constructed in accordance with the requirements of this Grant Contract, the State's Authorized Representative shail notify the Grantee in writing of the deficiency, and provide direction to Grantee for bringing the work into compliance. The Grantee shai] bring the work into compiiance within a reasonable time (not to exceed two months) as specified in the notice or shall be obligated to repay that portion of the Grant that is equal to the cost of bringing the work into compliance. The state's authority to make this determination and transmit this norice shall ternunate 90 days following the submission and approval of the Final Construction Report. 7. Unused funds. In the event there are unused grant funds after construction of the response actions listed in Attachment A- Grantee Duries, the Grrantee may request the State to amend this Grant Contract to aliow use of such funds for implementing additional response actions. If the State notifies Grantee that it does not intend to amend this Grant Contract, then Grantee shali return such unused funds to the State not less than 30 days after receiving such notice. Oo—S�� 8. Review and Approval of Submittals The review of each submittal, document, report, or schedule final design, or bid document (collectively refened to hereafter as "Submittal") which is required to be submitted to and reviewed by the State under this Grant Contract shall be as follows: a. The State shall review each Submittai made by Grantee within fifteen (15) calendar days (or sooner) of receipt and notify Grantee in writing of the State's approval, disapproval, or modification of the Submittal. If the Submittal is approved, it shall be deemed incorporated in this Grant Contract. If the Submittal is disapproved in whole or part, the State shali notify Grantee and shall explain the amendments or revisions that are necessary to bring the Submittal into compliance with this Grant Contract. If the Submittal is modified, the State shall notify Grantee of the specific modifications made to the Submittal and the reasons therefor. b. Within fifteene (15) calendar days of receipt of any notice of disapproval or modification, or on the first working day thereafter, Grantee shall (1) submit revisions necessary to bring the Submittal into compliance with this Grant Contract, (2) respond to the modifications or (3) State in writing the reasons why the Submittal, as originally submitted, should be approved. c. If, within fifteen (15) calendar days from the date of Grantee's submission under paragraph b above, or the first working day thereafter, the parties have not reconciled all issues with respect to the Submittal, the State shall make final modifications of the Submittai as it deems necessary and the modified Submittal shall be deemed incorporated in this Grant Contract. d. All Submittals or final modifications thereto shall be technologically feasible and in accordance with sound engineering practices. e. The State and Grantee shall consuit with each other during the review of 5 Submittals. 9. Neither the issuance of this grant nor this agreement does or is intended to prevent the grantee from applying for or securing or entering into additional grant agreements relating to the payment of costs to perform remedial actions at this site. Return copy to: O R i G 1 Na � Reai Estate Division 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # oo - S 9 Z Green Sheet # 104836 Committee: Date WHEREAS, Minnesota Statutes Section 115B_17, Subdivision 19(t�, (2000) allows the Minnesota Poilution Control Agency (MPCA) to grant funds for the implementation of a portion of an approved response action plan (RAP), and 'WI�REAS, the City of Saint Paul has submitted, and the MPCA has approved, a RAP for the Pig's Eye Dump, and a WHEREAS, the MPCA has submitted a grant agreement, a copy of which is attached hereto, to the City 9 for monies to be used implement a portion of the clean up at the Pig's Eye dump, in accordance with the io approved RAP, in the amount of $2,000,000, now therefore be it ii t2 13 14 is 16 RESOLVED, the City of Saint Paul has the institutional, managerial and financial capability to ensure adequate construction, operation and maintenance of the proposed project, now therefore be it RESOLVED, the Mayor and proper City officials of the City of Saint Paul are hereby authorized to execute said agreement on behalf of the City. Requested by Department of: Adopted by Council: Date Adoption Certified by Council�Secretary By: � Approved � Mayor. Date ` ikl� 1 SZAq�}' By: Technoloev & Manaeement Services By: ��/?��itJG L�� u � Director Form Approved by City Attorney B �b.;.Z..L/l✓.�..a-- b-t 1- e o Approve J y ayo�r for Submission to Council ,� �` - By: DIVISION ontac[ Pe�son and Phone Number: Peter Wlrite �� Co�mcil Agenda by: 266-8853 # OF SIGNAI`URE PAGES Date: May z �. �, � 1 iC] (OR.ISSLSTe1NT) ALL LOCAITONS FOR Approval of a grant agreement between the Minnesota Pollution Control Agency (MPCA) and the City to begin the clean up acrion at the old Pigs's Eye Dump. BSONAL SERVICE CONTRACTS M[IST ANSWER THE FOLLOWIlVG: Has the persodfirm evec worked under a coniraM for ihis depar�ment? YES NO PLANNPlG COMMISSION A sxnFr Iias this persun/£uw ever been a City employee? CIDO. SERV[CE COMMLSSION cB CobIDiIT[F.E WHICH COUNCII, OBJEC'PIVE? Does iLis persodFirm possess a sldll not normally possessed by any current Ciry employee? YES NO YES NO COUNCII. WARD(S) �j DISTRICT YLANNING COUNCII, � NG PROBLEM, ISSUE, OPPOR'1'UlvI7'] (Who, Wl�ay Wh¢n, Where, Why?): The 5tate Legislature passe�an amendment to the superfund law to allow the MPCA to grant funds to begin clean up of dumps that meet certain criteria. AGES IF APPROVED: The City will begin the clean up of the Pig's Eye Dump site. IF APPROVED: None .NTAGES IF NOT APPROVED: The opportunity to use this money will be los� �1'OTAL AMOUNT OF'PRANSACTION: $2 nvliiOn COSTfREVENUE BUDGETED (CIRCLE ONE) YES NO F[7NDINGSOURCE: S�tQ�l•ant ACITVII'YNUMBER: �.___ FA*ANCIAL INFORMAITON: (EXPLAIl� � i .. 2000 Green Sheet Number: ARTMEN7'DIItECi'OR 4 CITYCOUN e nrrotcivEx '� . � c�.eu m e — S�l 104836 OFFINA21CIAi,SVCS. oo.s`+11 � � � � � � � � � � � � ' � � � � .ax'9 � I�W �., a c� -� � 0 0 _\ F O P Z u P� S �s S� ��5 e 0 A ` � E A �� •_ �� • / � �/ N QJ � � �� ov � �J � �F � � t.i � � � �1.� � �0. �� - �o .� 0 =, — �� 4 O Z w O � O � � � Q p Qti^ q Q ~ j � � J U � JZ� J J Q W W, W z � � � LJJ � ¢ � U . Z C� � W p � � � Y W Z O � � � N � O a • � N ¢ m � STATE OF MINNESOTA State Accounting Information: Agency: Minnesota Pollution Control Agf Total Amount of Contract: $2,000,000.00 Commodiri Code: 0 Object Code: 265 GRANT CONTRACT Fiscal Yeaz: 2000 � Vendor Number: 0 Amount of Contract First FY: $2,000,000.00 ae _S'1� Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 330 Fund: 0 Fund: 0 Org/Sub: M31R Org/Sub: Org/Sub: Appr: GOS Appr: Appr: Rept Catg: Rept Catg: Rept Catg: AmounC $2,OOQ000.00 Amount: $0.00 Amount: $0.00 Processing Information: BeginDate: Uponfinal signature End Date: July 31, 2000 Contract: 0 4/14/00 Number/ Date/ Signature [Individual signing certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05.] NOTTCE TO GRANTEE: GRAN7'EE is required by Minn. Stat § 270.66 to provide your sceial security number or fedecal employer tax identificafion number and Minnesota tax identification number if you do business with the State of Minnesota. This infoanation may be used in the enForcement of federal and state [ax laws. Supplying these numbers could resul[ in action requiring GRAN1'EE [o file sta[e tax reNms and pay delinquent sta[e taz ]iabili[ies, if any. This erant conlract wil] not be aonroved unless these numbers are nrovided. These numbers will be available to federal and sta[e tax authorities and sta[e pecsonnel involved in approving the gran[ contract and the paymen[ of sta[e obligalions. Grantee Name and Address: City of Saint Paul c/o Peter Wlrite 140 City Hal] Sain[ Paul, MinnesoEa - 55102 Soc. Sec. or Federnl Employer I.D. No. 41-6005521 Minnesota Tax I.D. No. (if appGcable) 8025095 THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXT`ERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this Grant Contract intemally, only offices that require access to the taz identification number AND any individuals/offices signing this Grant Contract should have access to this page. a ADN3\. IOSismupd (p]-A99) Grn�Conva NPC.1Mevo/SR Covvacc\umbcr 00-5'?� THIS Grent Cbnhact, and amendmenis and supplemenLS thereto, is between ihe State of Minnesota, acting through its Minnesota Pollution Control Aeencv (MPCA) (hereinafter"STATE")andtheCiriofSainiPaul anindependentconhactor,notanemployeeoftheStateofNlinneso�a,address140CiriHall.SaintPanl.MN (hereinafter "GRANTEE"). W HEREAS, the STAT"E, pursuan[ to Minn. Siat § 1 liB.17. subd. 19, as amended bv Min¢. l.aws 2000. ch. i76. sec. I. is empowered [o en[er into a�eemeots arid make ganis for tbe imolementation of a oorrion of MPCA-annroved remedial action at sites ]isted on the SFete's nermanent ]ist of oriorifies of Sunerfund sites: and WHEREAS. rhe Pies Eve Dumo Sunerfund Site (Site), in tl�e Citv of Saint Paul. is lisred on the nermanent list of oriorities: and WHEREAS, the MPCA haz anoroved remedia] actions for the Site as documented in the Remedial Action Plan 5ubmitted bv the Grantee. dated December 23. 1999, as modified bv the MPCA in a]etter dated Anri13. 2000: and WHEREAS, oursuant to Minn. Siat & 115B.19, subd. 19, az amended. [he StaCe has detemuned that there are other versons idenfified bv the MPCA as resnons�ble or po[entiallv resnonsib(e for the release of hazazdous substances at the Site who are not pazticinatine in this Gmn[ aseement, and haz vrovided writ[en notice to [hose resnonsible nersons known [o the Sta[e of their oonortunitv to narticioate in tltis Grant aereement or other aoorovriare settlemen[, and W HEREAS, the Grantee's acce [ance of a nt and of the terms and obli a[ions of this Gra�t A ement has been dul autho�zed b the Cit of Saint Paul, and W HEREAS, GRANTEE represents that it is duly quali£ed and willing to pedorm the services se[ forth herein. NOW, THEREFORE, it is ag�eed: (Attach addiUOnal page if necessary, which is incorpora[ed by reference and made a part of this ageemen[.) GRANTEE shalL See Attachment A- Gran[ee Duties II. A. CONSIDERATION: Considerauon for all services pedomied by GRANTEE pursuant m this grant contract shall be paid by the STATE as follows: 1. COMPENSATION: Compensationinanamountnottoexceed$2000000,basedonthefollowingcomputation: PursuantroMinn.Stat. F I 15B 17. subd. 19, as amended [he MPCA has determined tha[ $2 millio» dces not exceed the pronor[ion of the cosGS of the resnonse action olan attributable [o the liabiliN of resnonsible Versons who are not vazties ro tlils Gran[ A�eement. 2. (If applicable.) GRANTEE certifies [ha[ [he fo]Iowing ma[ching requiremen[ for the Gran[ will be met by GRANTEE. See Attachment B- Matching Requirements 3. REIMBURSEMENT: Reimbursement for have] and subsistence expenses acntally and necessartly incurzed by GRAN1'EE in performznw of this. Grant Contract in an amount not to exceed zero dollars ($�; provided that GRAN1'EE shall be reimbu�sed for travel and subsistence expenses in the same manner and in no �'eater amount than provided in fie wrrent "Comrttissioner s Plaq" promulgared by the Commissioner of Employee Relalions. TheGRAN7'EEsfiallnotbereimbursedfortravelandsubsistenceexpenseincurtedoutside[heStateofMinnesotaunlessithasreceived prior written approval for such out-of-state travel from [he STATE. ADMIN. IOSlsm.wpd (0"1-20.99) Grao�Covo-aze MPCAMe�SR ComrecoNUmbei 0 a_SR'1 TFiE TOTAL OBLIGATTON OF THE STATE FOR ALL COMPENSATTON AND REIMBURSEMENTS TO GRANTEE SHALL NOT EXCEED: hvo million dollars (520000001. B. TERMS OF PAYMENT INVOICE: Paymeu[s shall be made by tfie STATE promptly after GRANTEE's presentation of invoices for services performed and acceprznce of such services by the STATE's Authorized Representative pusuant to Clause V L[nvoices shall be submitred in a form prescribed by the STA1'E and according to the following schedule: Notwithsqndins the above orovisions of this oazaganh II.B.1, the State a_aees to nav the mant monev to the Grantee before nresentalion of invoices for services oe6ormed. accordine to a schedule as follows: Pavment [o the Crtan[ee shall be in four installments of 5500.000 over [he course of the work. The first pavment of S500.000 shall be made wi[hine 4 davs afrer the effeclive da[e of [he Grnn[ Aereement. Based on the need for additiona] funds the Gran[ee shall reques[ navment of additlona( 5500.000 installmen[s in wcitine. The requestmus[indude abrief explanavon of what the next installmen[ will be used for. FEDERAL F[JNDS: (When applicable.) Payments are to be made from federnl funds obtzined by the STATE through Tide _of the _ Act of _(Public law _ and amendmenu [here[o). If at any time such funds become u�available, this Grant ConVact shall be temtina[ed immedia[ely upon written novice of such fact by [he STATE [o the GRANTEE. In the event of such tertninatioq GRANTEE shall be entitled to paymenk de[ertnined on a pro nta basis, for services sa[isfactonly performed. IIL CONDITIONS OF PAYMENT: All services provided by the GRANTEE pursuant to this Grant Contract shall be pedormed to the satisfaction of the STATE, as de[e�mined at [he sole discretiou of iGS Authorized Represeutative, and in accord with al] applicable federal, sta[e and ]oca] laws, ordinances, mles and regulations The GRAN1'EE shall no[ receive paymen[ for work found by [he STA1'E to be unsatisfac[ory or perfolmed in violation of federal, sta[e or ]ocal law, ocdinance, mle oc regulation. ADMIN. 1O51�rc.wpL (0']-20-99) GranvConeace MPCAMeeo/SR CoovaaNumber 00 -s�� N. TERMOFGRANT:ThisGantContractsha116eeffectiveonAOri126.,2000,oruponthedatelhatthe8nalreqviredsignatureisobtainedbytheSTA7'E, pursuant to Mina Stai § 16C.05, subd. 2, whichever occnrs later, and shall remain in effect until June 30, 2000, or unril all obligations set forth in this Gmnt Contract ttave bee� satisfactorily fulfilled, whichever occurs firsG The GRANTEE undersYands that NO work should begin under tlus Grant Coa�ac[ unffi ALL required signatures have been obtained and GRANTEE is notified to begin work by the STAT'E's A�thor'u.ed Representative V. CANCELLA7TON:T7usGrentCouuactmaybecanceledbyil�eSTATEOrGRANTEEa[anytime,withorwithoutcause,upontfcirty(i0)days'writtennotice to tk�e other party. In the event of such a cancellalion, GRANTEE shall be e¢litled to payment, de[elmined on a pro rata buis, for work or services satisfactoriiy performed. Also, in the event of such a cancellation, the STATE shall be enbUed to repayment, determined on a rata basis, of any funds initially advanced by the STATE to the GRANTEE. The STA7'E may cancel lltis Gran[ Contract immediatety if the STATE finds Uiat there has been a failure to comply with the provisions of this Grant Contmc[ that reasonable progress has no[ been made or tFtat the puiposes for wttich the funds were grented have not been or wiI] no[ be fulfilled, the $TATE may take aclion to proteM the interests of the Sta[e of Minnesota, including the refusal to disburse additional funds and requiring tfie retum of all or part of the funds already disbursed. V I. STA7'E'S AUTHORIZED REPRESENTATNE: The STATE's Authortzed Representative for the puiposes of administration of this Gant Contract is Frank Wallnec Such represenUtive shall have final authority for acceptance of GRAN7'EE's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant [o clause lI, paragraph B. The GRANTEE's Authorized RepresentaUve for purposes of administration of [h�s gan[ contract is Pe[er 4Vhite. The GRANTEE's Authorized Representa[ive shall have full authoriTy [o represen[ GRANTEE in i[s fulfillmen[ of [he [ertns, conditions and requirements of this Gra�[ Contract. V II. ASSIGNMENT: GRAN'CEE shall nei[6er assign nor hansfer any rights or obligations under this Gnnt Contrac[ without the prior written consent of fie STATE. V IlI. AMENDMENTS: Any amendments ro Uils Grant CooVact shall be in wdting and shal] be executed by the same parties who executed the odginal Grant Contrac[ or their suceessors in office. IX. LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its represenffitrves and employees, hazmless from any and all claims or causes of actioq including all attorneys' fees incurred by the STATE, arising from the perforcnance of [his Crzan[ Contract by GRANTEE or GRAN1'EE's agents or employees. This clause shall not be consWed [o bar any legal remedies GRANTEE may have for [he STATE's failure ro fulfill its obliga[ions pursuant to [his Grant Contrac[. X. STATE AUDITS: The books, records, documenu, and accounting procedures and prnctices of the GRANTEE relevan[ [o Uils Grant Contract shal] be subject to examination by the contracting department and the Legislafive Audi[or, for a minimum of six years from the end of Iltis Grant Contract. XI. GOV ERNMENT DATA PRACTICES ACT: The CONTRACI'OR must comply with [he Minnesota Govemment Data Prnctices Ac[, Minnesota Sratu[es Chapter 13, as it applies [o all data provided by the STATE in accordance with this Contrac[, and as it applies to all da[a crea[ed, collected, received, stored, used, maintained, or dissemina[ed by the CONTRACTOR in accordance with this ContracC. The civil remedies of Mirmesota S[atutes Section 13.08, apply [o the release of the data referred to in this Article by either the CON'CRACTOR or [he STA1'E. In the event the CONTRACTOR receives a reques[ to release the data referred to in [his Ar[icle, [he CONTRACTOR must immedia[ely notify the STATE. The STATE will a �e the CONTRACTOR instructions concerning [he release of the data to [he requesting par[y before ffie data is released. XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STA7'E shall own all rights, title and interes[ in all of the material5 conceived or created by the GRANTEE, or iGS employees or subgrantees, ei[her individually orjomUy wi[h others and which arise out of [he performance of and are paid for under this Gnn[ Contrac[, including any inventions, reports, ADMIN. 1O51�c.wpd (%-2p-99) GrevtCono-xt MPCAMevo/SR Cono-anNUmber eo, S�'1 smdies, designs, drawings, specifications, notes, documents, sofrware and dceumentalion, compu[er bazed training modules, electronica]Iy, magnetically or di�tally recorded marerial, and otf�er work iu wfiatever form ("MA7'ERIALS"). TheGRAN7'EEherebyassignstotheSTA7'Eallrights,titleandinteresttotheMA7'ERIALS. GRAN1'EEshall,uponrequestoftheSTATE,executeallpapecs and perfonn all other acts nuessary to assis[ ihe STATE to obtain and re�ster copyri�hts, pa[ents or other folms of protection provided by ]aw for the MA7'ERIAIa The MA7'ERIALS created under this Grant Contrac[by ihe GRANTEE, its employees or subgantees, individually orjointly with others, shal] be considered "works made for hire" as defined by tLe United Staus Copyright Act. All of the MATERIAI.S, whe[her in paper, electronic, or oNer form, shal] be remitted to [he STA1'E by the GRAM'EE, its employees and any sub�anrees, sttall not copy, reproduce, allow or cause [o t�ave [he MATERIALS copied, reproduced or used for any piupose o[her than perfolmance of the GRANTEE's obli�ations under tltis Grant Contract without the prior written consent of the STA7'E's Autf�orized Representauve. B. GRANTEErepresents and wazrants thatMATERIALS produced or used undertktis Gran[ Contractdo not and will notinfringe upon any intellectual property rights of another, includin� but not limited to patents, copyrights, trade secrets, trade uames, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE's expense, from any action or claim brought against the STA7'E to the extent that it is based on a claim tha[ all or part of the MAT'ERIALS infringe upon the intellecNal property righu of another. GRANTEE shall be responsible for payment of any and all such daims, demands, obligations, liabilities, costs, and darttages including, bu[ no[ limiced to reasonable attomeys' fees arising ou[ of this Gran[ Contract, amendments and suppiements thereto, which are attributable to such claims or actions. If such a claim or ac[ion arises, or in GRANTEE's or the STATE's opinion is likely to azise, GRANTEE shall, at the STATE's discretioq either procure for [he STATE [he right or Gcense to continue osing the MA1'ERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by ]aw. XIII. PUBLICI'I'Y: Any publiciTy given to [he program, publications, or services provided resulRng from [his Gran[ Contrac[, including, but not ]imited ro notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepared by or for the GRAN7'EE or its employees individually or jointly with others or any subgrantees, shall identify the STATE as the aponsoriug agency and shall not be released, unless such release is a specific part of an approved work plan iucluded in tlils Grant Contract pdor to its approval by the STATE's Authorized RepresentaRVe. XIV. WORKERS'COMPENSATION: GRAN7'EEshallprovideacceptableevidenceofcompliancewith[heworkers'compensationinsurancecoveragerequirement of Minn. StaC. § 176181, subd. 2. XV. ANTITRUST: GRANTEE hereby assigns to [he Sta[e of Minnesota auy and all claims for overchazges as ro goods and/or services provided i� co¢nection with this contrac[ resulting from antitrust violations wFtich arise under [he anfitrust laws of the United States and the anritrust laws of the Stace of Minneso[a XVL PROMPT PAYMENT TO SUBCONTRACTORS: (When applicableJ Prtme contmcrors are required to pay subcontrnc[ors pursuant to Minn. StaL § 16A.1245. XV II. JURISDICTION AND VENUE: This Grant Contract and executed amendmenu there[o, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings azising out of this Gnnt Contract, or breach thereof, shall be in the s[ate or federal couR wi[h competentjurisdiction in Ramsey County, Minnesota. XV III. OTHER PROV ISIONS: (Attach additional pages as necessary and incorpornte by reference here. Otherwise insert the word "none.") ADMIN. IOSttm.wpd (0"I-2b99) Geav�Co�eaz� .�1FCAMeho/SR Covvsc�Number ao..s�� IN WI7'NESS WHEREOF, the par[ies have caused this Grnn[ Conhatt to be duly executed in[ending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) ttave exuured the Grnnt Convact on behalf of the GRANTFE as required by applicable articles, by- 2. STATE AGENCY: MINN&SOTA POLLUTION CONTROL AGENCY Gran[ Contract approval and certification [Uat STAT'E funds have been encumbered u required by Minn. Stat §§ 16A15 and 16C.05. ]aws, resolutioas, or ordinances, By: Ti[le: DaCe: By (authorized siwamre): Ticte: Da[e: By: Title: Da[e: By: Title: Date: Distlibution: Agency - Ori�nal (fully executed) Contrac[ Granree S[a[e Authorized Representative ADMIN. 305]¢rc.wpd (0]-20.99) GaneCOVtraa MPCAMew/SR Coneac�Munber i ao-sR1 Attachment A - Grantee's Duties 1. Performance of Response Actions. Grantee shall use the proceeds of this grant solely for the preparation of final design documents, and for construction of the following portions of the Response Action Plan dated December 22, 1999, as modified by the State in a letter dated April 3, 2000 (letter attached as Exhibit 1) • Re-route lower portion of Battle Creek away from the dump. • Re-slope the interface of the dump that abuts Pigs Eye Lake; remove waste along inYerface and replace with a select fill material; place a buffer zone of fill in the old creek bed and the remaining interface; and re-vegetate the soil at dump/Pigs Eye Lake interface. • Stabilize and construct cover over battery disposal azea. • Place fill and plant trees over southeast pond and outlet. Any drums containing waste which are encountered during work will be staged in or near roll-off containers provided by the State. Drums will then be tested and disposed of by the State under a separate contract. In addition to the response actions identified in this Attachment A, Grantee shall implement at its own cost the response actions identified in Attachment B--Matching Requirements; provided that grant funds may be used to pay for the design work for that portion of the cover which the Grantee is required to implement under Attachment B (approximately 70,000 cubic yards) in the 2000 construction season. None of the proceeds of this grant may be spent for any legal or administrative costs of the Grantee. As used in this grant contract, the term "RAP" means the Response Action Plan as modified by the April 3, 2000 MPCA letter. Response actions for the Site are described in more detail in the RAP. All work required under this Grant contract shall be completed on or before December 31, 2001. Grantee shall prepare a Site Health and Safety Plan prior to implementing response acrions which are funded under this Grant Contract. Any employees of Grantee, or its contractors or subcontractors, perfornung any work to construct the response actions 00-5�1 required to be implemented using funds under this Grant Contract shall have up to date 40 hour OSHA safety training for work on hazardous waste sites (OSHA 1910.120). Selected general contractor must have at least 5 years of environmental remediation experience and have the capability and equipment, to work in level B, C, and D protection gear, or have direct access to a subcontractor that has this capability. The Grantee's selected contractor must also have experience in excavating and handling drums of waste. OSHA tr�aining requirements and safety matters for Grantee's personnel or contractors perfornung work under Attachment B to this Grant Contract is the Grantee's responsibility. 2. Requirements For Bid Documents and Contracts for Response Action Construction a. Before soliciting bids from contractors for performance of response action construction, the Grantee shall submit final design documents, including technical specifications, which set forth implementation details to the State far review, modification, and approval as provided in Attachment C. b. Bid documents for selecting response action contractor(s) will be prepazed by the Grantee. Prior to advertising the bid documents, Crrantee shall submit the documents to the State for review. c. The bid documents prepared and the contract(s) entered into by the Grantee for construction of response actions under this Grant Contract shall provide for compliance with the following requirements: l. Workers compensation insurance requirement of Minn. Stat. § 176.182. 2. Prevailing wage law, Minn. Stat. §§ 177.41 to 177.43. 3. Nondiscrimination requirements of Minn. Stat. § 181.59. 4. Payment and performance bond requirements of Minn. Stat. 574.26. 5. Compliance with 40 hour OSHA training requirement for work on hazardous waste sites by contractor's personnel. 6. Grantee will retain 10% of any contract payment until all design and/or construcrion work has been deemed satisfactorily completed by both the Grantee and the State. c. The State shall not be held as a party to any contract entered into by the Grantee to implement its duties under this Grant Contract. 00-5� d. After review of bid responses the Grantee will submit its recommended contractor to the State for concunence. 3. Reporting Requirements By the lOthe day of each month the Grantee will send a progress report to the State detailing work accomplished in the previous month as well as work planned for the upcoming monti�. Copies of all invoices, amounts paid, and amount retained, for the month will be included in the progress reports. A final construction report detailing construction activity, completion, and any problems encountered shall be submitted to the State within 60 days of completion of all work required under this Grant Contract. The report will also include a detailed breakdown of funds spent per task - including invoices paid and retainage. 00 •3�'1 Attachment B — Matching Requirements In addition to the response actions identified in Attachment A--Grantee's Duties, the CrrauTee shall be responsible for implementing at its own cost the following response actions for the Site: • delivery, spreading and seeding of approximately 70,000 cubic yazds of ciean fill which represents approximately one third of the fill needed to provide 2 feet of cover to those azeas that do not cuirently have 2 feet of cover. • operation, maintenance and monitoring of response actions implemented under this Grant Contract. • The Grantee is responsible for all administrative and legal costs associated with implementation of this Grant Contract, including Grantee's personnel costs associated with the Grantee's administration and oversight of the design and construction of work to be performed under this Grant Contract. � Grantee shail include with final design documents tha final design for all matching requirements (including area to be covered, depth, fill type, operarion, maintenance, and monitoring plan etc.) to the State for review and approval as provided in Attachment C before construction begins. (Use of grant money for design is covered in Attachment A. Grant cannot be used to construct cover under Attachment B). oo-s�� ATTACFIMENT C - OTHER PROVISIONS 1. Settlement of Liability Under Minn. Stat. § 115B.17. This Grant Contract constitutes a partial settlement between the State and the City of Saint Paul of the City's liability for releases and threatened releases of hazardous substances and pollutants or contaminants at or from the Pigs Eye Dump Superfund Site. Additional terms and conditions of the Grant Contract relating to this partial settlement are set forth in items 2 to 4 below. 2. Covenant Not To Sue. a. In consideration for and conditioned upon Grantee's performance of the response actions and other duties specified in Attachments A and B to this Grant Contract (Grantee Duties), and based on the information known to the State on the effective date of this Grant Contract, the State covenants not to bring any administrative, legal or equitable action available to the State under Minn. Stat. § 115B.01 to 115B.24, 42 U.S.C. § 9607, or other State or federal law, regazding the performance of response actions specifically described in Attachment A or Attachment B to this Grant Contract and regarding the recovery of the State's costs incurred in reviewing and approving the Response Action Plan for the Site, or in implementing and overseeing the Grantee's impiementation of response actions under this Grant Contract. b. This Grant Contract does not address any liability of the Crrantee to take or pay the cost of response actions in addition to those specifically required in Attachment A or Attachment B to this Grant Contract that may be required to complete the State-approved Response Action Plan for the Site or to otherwise protect public health and welfue and the environment from any currently lrnown releases and threatened releases at or from the site, or that may be required to address any release or threatened release of hazazdous substances or pollutants or contaminants at or from the Site which may be discovered after the effective date of this Grant Contract. Nothing in this Grant Contract shall preclude the State from exercising any administrative, lega] or equitable remedy available to it to require Grantee to take or pay the cost of such additional response actions. Grantee reserves whatever rights and defenses may be available to it in the event that the State takes further action to require Grantee to take or pay the cost of additional response actions under this paragraph. 3. Other Claims Not Affected By Settlement Nothing in this Grant Contract is intended to bar or release any claims, causes of action or demands in law or equity by the State or the Grantee against any person, firm, partnership or corporation not a signatory to this Grant Contract for any liability such other person or entity may have arising out of or relating in any way to any release or threatened release of any hazardous substances or pollutants or contaminants at or from ao_ s�� the Site. In accordance with Minn. Stat. Section 115B.17, Subd. 18, any conh claims by the Grantee are subordinate to any claims asserted by the State. 4. Contribution Claims The Parties agree that this Crrant Contract embodies a"settlement," as that term is used in Section 113(fl(2) of CERCLA, 42 U.S.C. Section 9613(�(2), as amended, and as that term is used in Minn. Stat. §115B.17, Subd. 18 (1998) and that Grantee is entitled, with respect to the Site, to contribution protecrion from any person not a party to this Order to the extent provided by Section 113(fl(2) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and in Minn. Stat. § 115B.17, Subd. 18 (1998) for matters addressed in this Grant Contract. 5. Grantee Indemnification. Grantee's indemnification and hold hannless agreement under Paragraph IX of this Grant Contract also extends to all claims or causes of action, including al] attorneys fees incurred by the State, arising from the performance of this Grant Contract by Grantee's contractors. 6. Additional Remedies For Unsatisfactory Performance. If the State's Authorized Representative determines that any response action construction work required to be constructed under this Grant Contract has not been constructed in accordance with the requirements of this Grant Contract, the State's Authorized Representative shail notify the Grantee in writing of the deficiency, and provide direction to Grantee for bringing the work into compliance. The Grantee shai] bring the work into compiiance within a reasonable time (not to exceed two months) as specified in the notice or shall be obligated to repay that portion of the Grant that is equal to the cost of bringing the work into compliance. The state's authority to make this determination and transmit this norice shall ternunate 90 days following the submission and approval of the Final Construction Report. 7. Unused funds. In the event there are unused grant funds after construction of the response actions listed in Attachment A- Grantee Duries, the Grrantee may request the State to amend this Grant Contract to aliow use of such funds for implementing additional response actions. If the State notifies Grantee that it does not intend to amend this Grant Contract, then Grantee shali return such unused funds to the State not less than 30 days after receiving such notice. Oo—S�� 8. Review and Approval of Submittals The review of each submittal, document, report, or schedule final design, or bid document (collectively refened to hereafter as "Submittal") which is required to be submitted to and reviewed by the State under this Grant Contract shall be as follows: a. The State shall review each Submittai made by Grantee within fifteen (15) calendar days (or sooner) of receipt and notify Grantee in writing of the State's approval, disapproval, or modification of the Submittal. If the Submittal is approved, it shall be deemed incorporated in this Grant Contract. If the Submittal is disapproved in whole or part, the State shali notify Grantee and shall explain the amendments or revisions that are necessary to bring the Submittal into compliance with this Grant Contract. If the Submittal is modified, the State shall notify Grantee of the specific modifications made to the Submittal and the reasons therefor. b. Within fifteene (15) calendar days of receipt of any notice of disapproval or modification, or on the first working day thereafter, Grantee shall (1) submit revisions necessary to bring the Submittal into compliance with this Grant Contract, (2) respond to the modifications or (3) State in writing the reasons why the Submittal, as originally submitted, should be approved. c. If, within fifteen (15) calendar days from the date of Grantee's submission under paragraph b above, or the first working day thereafter, the parties have not reconciled all issues with respect to the Submittal, the State shall make final modifications of the Submittai as it deems necessary and the modified Submittal shall be deemed incorporated in this Grant Contract. d. All Submittals or final modifications thereto shall be technologically feasible and in accordance with sound engineering practices. e. The State and Grantee shall consuit with each other during the review of 5 Submittals. 9. Neither the issuance of this grant nor this agreement does or is intended to prevent the grantee from applying for or securing or entering into additional grant agreements relating to the payment of costs to perform remedial actions at this site.