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268508 WHITE - CITV CLERK COIlIICll ��V"v�:JV PINK - FINANCE GITY OF SAINT PAITL CANqRV - DEPARTMENT BIUE - MAYOR File NO. �� ouncil Resolutian Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul hereby approves the joint exercise of powers agreement between the City and the Metropolitan Waste Control Com- mission providing for the construction by the Commission of its interceptor sewer and the City' s lateral or stub connections , and the proper City officers are authorized to execute the agreement on behalf of the City of Saint Paul . COU[VCILMEN Yeas Nays Requested by Department of: Butler 7 Publ ic Works Hozza [n Favor Hunt / � • Levine V _ Against BY Roedler `� Sylvester Tedesco�-- FEB 3 �� Form Approved y 'ty At ey Adopted Counci Date rtified ed by Co ' Secret�ry BY Approv by ;Vlayor: D e � � �9� Appr v by M or r u ission to Council r By BY RUBLISHED �EB 1 � �Q77 ,, -- : �r� _ al : z2/197� Rev, : g/8/76 ��:��ANA�TUN OF ADMINISTRATIVE ORDERS, RE�OI�UZ'IONS, Al�ia ORDINANCES. . ,. •�� Date: Janu�ry 21, 1977 . TQ: MAYOR GEURGE L�ITIMER F'R; Pub11c Works - Office Engineering �: Agreement between City and Metropol itan Waste Control Commi'ssion (MWCC) con- � cerAing Cerver Lake Interceptor Sewer. �CTSON REQU�STED: This agreement would authorize the MWCC to construct, as part of th�ir proposed � Carver Lake Interceptor Sewer, taterai sewer connections and service stub-outs from the intercaptor sewer. These are St. Paul facilities. . Pt;.F.P05E �ND RATIONHLE F�P. THIS ACTIQN: Without this authorization the City would be rec�qd:red to construct these facilities at a much higher cost. The City has a proposal to co�stru�t the Carver-McKnight Sanitary Sewer System (S-1511) in early 19�7. This sewer systeni would drsin to the MWCC's proposed Carver Lake interceptor Sewe r. �.T'►'ACHM?�:.NT5: Resol tu ion ..�...._..._._.._._......._. Copy of Agree�b / G�'�Q - . � TJE/RAH/bjh : � � N \�, • ` F • �� . . . . AGREENENT �._____.__._ ThTs Agreemertt� made and entered into by and between the Metropolitan Waste Control Commiss.fon (hereinafter called the Commission}, and the City of _ St. Paul (hereinafter called St. Paul); WITNESSETH THAT, In the Joint and separate exercise of each of their powers and tn consideratton of the mutual covenants herein contained, the parties hereto recite and agree as follows: Section 1 . Recitals. 1.01. Council S Commission. Pursuant to Laws 1g69, Chapter 449, the Metro- � politan Counctl has adopted a comprehensive plan for the collectton, treatment and disposal of sewage in the metropolitan area and has established the Commisslon to const�uct, operate and maintatn a seweraqe system for this purpose. Minn. Stats. 473•51 ) authorizes the Cammisston at any time after January 1 , 1970, to acqui�e, construct and equip all interceptors and treatment works needed to implement the Councit 's canprehensive plan. 1.02. Carver Lake Interceptor. The Commission has determtned that a 24 and 27 inch dlameter interceptor sewe� extending f rom the Maplewood-Woodbury border at the north edge of Garver Lake to the i�tersection of Carver Avenue with State Trunk Nighway 10 and 6) should be const�ucted to tmplement the Metropolitan Council ' s comprehensive plan. This lnterceptor is hereinafter referred to as "the Interceptor". 1.03. St. Paul Facilities. St. Paul has authorized the construction of private � � service stub-outs from the i�terceptor desc�lbed in Sectfon 1.02. These stub-outs are hereinafter �eferred to as the "St. Paul facilities". St. Paul verifies that it has conducted all proceedtngs necessary under tts Home Rule Charter so to authorize it , to preceed with the construction of and the issuance of bonds or sewer assessments to finance the St. Paul faciltties, except the award of a construction contract. ' � 1.04. Joi�t Construction. The Interceptor and the St. Paul factlities must be ' constructed in the same right-of-way and can best and most economically be constructed by the Commission under a single set of pians and specifications and a singte construc- tlon contract; and the construction can best be done by the Commission. All of the f improvemerti-ts to !,e constructed, including the inter��ptor anG the St. Paut facilities, are hereinaft�r referred to as the "Constructton Pra�Ject". ' ; � �� Sectton 2. Interceptor ConstrucCfon. 2.01. P1ans and Specifications. The Commission has retained Howard� Neadtes, Tammen and Bergendoff, consulting engineers� to prepare plans and specificattons for the Construction ProJect. The ptans and specifications have been prepared, presented to and approved by the Commission. St. Paut has approved the plans with the stipulation thet the Metropolitan Council coordinate planning with St. Paul for proper development of the area. 2.42. Construction Contract. The Commission shail advertise, receive bids and shall award the contract. 2.03, Contract Administration. Except as hereinafter provided, the construction contract shatl be administered by the Corrnnission, and the Commission agrees to cause the Construction ProJect to be c�mpleted in accordance with the construction contract. The Comnission shali provide a resident engineer to supervise the performance of the work� but St. Paut may inspect the materials for and construction of the St. Paut faciltties at any time, and may request the Cortmission to require the contractor to � perform any part of the contract in accordance with its terms, and to enfarce any proviston of the contract necessary to obtain such performance. 2.04. Commission's Desiqnee. Any action or right which may be taken or exerctsed by Lhe Cortmisston under this contract, may be taken or exercised by the CommEssion's Chief Admtnistrator or his designee on behaTf of the Cortxnission. Section 3. Construction ProJect F�nancinq. 3.01. Constructian ProJect Costs. The cost of St. Paul facilities shatl be based on untt prices for appropriate items of work. Upon completton of the contract, the Commission shall determine Ehe finai quantities and total costs of the St. Paul facilities, and shall furnish St. Paul with a copy of such determination. 3.02. St. Paui Costs. St. Paul agrees to pay ali construction costs of the St. Paul facitities. 3.03. Payment of Casts. The Commisston shall pay atl costs of the Construction ProJect as incurred and altowed in accordance wi�h the constructTon contract; provtded that no installation wnrk under the contract shall be made without the priar approval of S�� Paul. The parties intend that the Commission shoutd not be required to use its own funds to pay costs of the St. Paul facilities when due, and that St. Paul < , �'(3'� y�� sh�u�d mak� man�ys �vafilable ta the C�r�vntss3on fao� this purpose. The Commtssion shali submit ta St, Paui once �a�h rr�flr�Ch a staterr:�nt for St. �aui 's shar� of all eonstr�sctiesn C05t5 approved far paymenc to the cor�tractor. St. Paul shall pay th� amount sF�own on the statement on or be�'ore the lSth day of the month following the month in ►�hich it is recsived. Any billings not paid by St. Paul within 30 days of the rPCetpt of the statement shatl bear interest at the rate of 6�; per annum. - Settton 4. Ownershfp and Use. 4.01. Use of Constructian ProJect. On completion of the Constructton Pro,ject and payment of all costs therEOf, the Commission shall be entitled to the sole and extlusive eontroi and use of the interceptor, and St. Paul shall be entitled to the sole and exclusive control and use of the St. Paut facilities, except that St. Paut matntenance forces may enter Cortxnission manholes for the purpose of cleaning St. Raut public see��er laterals. The Commission shatl operafe and maintain the Interceptor, and St. Paul or its ag�nts or employees shall operate and maintatn the St. Paul facitities, alt in good working order and without causing damage to the other party's factiftTes. If it becomes necessary for either party to excavate a portion of Che � common rtght-of-way conCaining the faciliries of each, such party shali give the other party noticc of its intention to excavate. Such �otice shalt be given not less than two days prior to commencement of excavation except in case of emergency, in which case notice shali be given prior to commencement of excavation. Writt�n notice may be delivered or maited to the St. Paul City iiail ar tihe Commtssion's qeneral offices at 35� Metro Square Building in St. Paul , as the case may be, and oral notice may be given by teiephoning any designated officer or employee �f etther party at the same tacations. In the case of emergency� if the Commission's offices are closed, the City shali give oral notice to thre Co�nission's Chief Administrator or one of its members; and if �he St. f'aul City offlces �re closed, the Commission shall c�iv� oral notice to the City's Mayor or a member of the CiCy Council . IN MliTNESS WHEREQF, �he partiss t7ereto have executed thts Rgr�ement on this . day of _________, 1976. F�ETROPOL I TAN WASTE COFi7ROL COMM I SS 10N By � C a rman Anri Ch e Adm n st�ator C 17Y OF 5'f. PA � �}• �yar l�n� ��`rec��r - F n�nce s Management Services �P1��'.•,se�t��c;;�n►_. r�Y •.,�...�. {'�ss4.. Ci ty Attor.-��