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251748 r � 251�48 ORIGINAL TO CITY GLERK �� CITY OF ST. PAUL FIOE NCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DAT° WHEREAS, Pursuant to Minnesota Laws 1969, Chapter 449, the Metropolitan Sewer Board took over the operation of the Minneapolis-St. Paul Sanitary District and the interceptor sewers connected thereto; and WHEREAS, �he Metropolitan Sewer Board desires that the City of Saint Paul, through its Department of Public Works, continue to maintain and operate such interceptor sewers located within the city limits at the expense af the Sewer 6oard; now therefore be it RESOLVED, That the proper city officers are hereby authorized and directed to execute, on behalf of the City of Saint Paul , agreenent between the City and the Metropolitan Sewer Board, said agreement pertaining to the City operating and maintaining the Sewers Board's interceptor sewers within the city limits at the expense of the Sewer Board, a� more fully described in the said agreement, a copy of which is attached hereto. 1'�� ��r � Rp E FpRM pp e1 orpo 0 �s DEC301'� COUNCILMEN Adopted by the Council 19— Yeas Nays Butler �E(; � (� 197fl Carlson Ap d 19� Levine �In Favor Meredith Sprafka (� yor Tedesco A Sainst � Mr. President, McCarty ,pUBLISHED JAN � 19�� � i . , , � . � � � 251�48 : i • • � AGREFMENT � � This Agreement, made and entered into by and between the Metropolitan Sewer Board (hereinafter called the Board), and the City of Saint Paul (hereinafter called the Municipality); � WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, �the parties hereto recite and agree as follows: S:ection 1. Recitals. The Board is the owner of the interceptors and appurtenances located in the Municipality as described in the list attached hereto and marked Exhibit A. The Board intends to operate and maintain � such interceptors and.appurtenances as part of the metropolitan disposal system; however, the Board has determined that such operation and main- tenance can best be provided by contracting with the Municipality to perform _ this service on behalf of the Board as an independent contractor, pursuant to Chaptex 449, Section 15, Subdivision 12. � Section 2. Municipality's Undertaking. During the period from - January 1, 1971 through December 31, 1971, the Municipality, as an � . independent contractor, will operate and maintain all of the interceptors � and appurtenances described in Exhibit A. . Section 3. Performance of Undertaking. In operating and maintaining such interceptors, the Municipality shall: � • . � . ° a. Comply with the applicaUle provisions of any regulations , . � relating to the operation of the metropolitan disposal ' system adopted by the Board. • b. Maintain the interceptors and appurtenances in clean and � in good operating condition for the conveyance of sewage . or storm water discharged into them. c. Perform preventive maintenance services as inay be • . . required to preserve the interceptors and appurt�enances and maintain their full capacity. an.d condition,� including � but not limited to flushing, scraping, discing, rodding, and • inspection of the system; and perform such other work on ' the interceptors as is mutually agreeable and which is . • reasonable and normal. d. Provide alI Iabor, materials, supplies, tools, _and equipment - - . necessary for the performance of all work required by or under this Agreement. ' . e. Provide a1I supervisory personnel necessary for the - � supervision of the above work. Such supervisory personnel shall be subject to the direction of the Board in the performance of their responsibilities under this � Agreement. . � • The Board shall perform all mai�tenance required for the instrumentation por�ion of sewage flow meters, including chart attendance. The work performed. and the materials furnished under this Agreement shall comply with all state laws and�the Iawful rules, regulations and orders of any state agency regulating � � such matters. The Municipality shall not be required to do any work under this - Agreement which constitutes e�traordinary maintenance, betterment, construction, or reconstruction of the interceptors. In the event that such work is necessary, the Municipality and the Board shall enter into a separate agreement therefor specifying the work to be performed and the division of cost for such work, e�;eept in the event of an emergency, the Municipality may proceed with repairs as necessary with appropriate notification to be given to the Board . .. 2 _ . � . � ' vvithin 24 hours of such emergency. Notification shall be to the Chief Administrator or his designated representative. � Section 4. Municipality Independent Contractor. The parties agree the � Municipality is an independent contractor and that all persons performing services under this Agreement are employees of the� Municipality or its contractors or agents, and are•not employed by or employees of the Board for any purpos�e; " provided, however, that this provision shall not apply to persons on the regular payroll of the Board, or to persons other than the Municipality contracting � , directly with the Board. The Municipality, with the approval of the Board, may i . � enter into a contract �vith a third person whereby such person performs on . ; . behalf of the Municipality and under the direction of its supervisory personnel, ` a part of the work required by or under this Agreement. All contracts and agreements made by the Municipality with third persons for the performance . of any work required by this Agre�ment shall be subject to the terms of this � Agreement, and a provision stating this shall be inserted in all such contracts. Section 5. Municipality's Responsibility; Indemnification. The paxties agree that the Board shall not be responsible or liable in any manner for any claim, demand, action or cause of action of any kind arising out of the Munici- � pality's neglioent performance ox failure to perform the work required by this Agreement, or arising out of the neglzgent performance or failure to pexform such work by any contractor of the Municipality performing any of the work provided herein; and the Municipality agrees to indemnify the Board, its officers, and employees and to save and keep them harmless from all Iosses and e�penses 3 - • , . • incurxed'as a result of any clairri, demand, action or cause of action arising out of the negligence or alleged negligence of the Municip�lity or any such contractor., � . • � Section 6. Payment for Work; Accounting. � 6.01. Payment of Costs . The Boaxd agrees to pay to the Municipality � an amount equal to the cost of all labor and of supplying all materials, supplies, tools and equipment, reasonably necessary for the performance o£ work required � � by this Agreement. The parties agree that such costs shall comprise and be computed as follows: - � a. Labor. The cost of labor for employees of the _ - Municipality shall be the sum of: (i) the estab- _ Iished hourly wage rate or rates of the persons ' . � -. performing the work multiplied by the number of � - . � hours .worked; and (ii) 25 °�o of item (i} which shall represent indirect labor and overhead costs; , . . � b. Naterials and Supplies, The cost of materials and supplies furnished by the Municipality, . which shall be not more than 115 % of their delivered cost to the Municipality. � � c. Tools and Eq,iipment, The cost of tools and equipment furnished by the Municigality shall � be computed in accordance with a standard : ' hourly rental rate schedule to be submitted by the Municipality and approved by the Board. Charges shall be assessed only for hours of actual use. - d. Contrac� Costs. The amount required to be . � paid under contracts approved by the Board to contractors of the Municipality for performance . of wox� xequired by this Agreement, plus costs , . incurred by the Municipality in administering _ . such contracts, �vhich shall be abreed on whcn . • ' any such contrac��is approved. .. � » � . . • , � , . e. � Administrative Costs. The cost of administering . � the contract which shall be 8 %Q of items a and b. � This amount to be reduced by that amount or amounts . included as costs under sub-sections a, b, c, and d� 6.02. Cost Estimate; Monthly Payments. . The parties estimate that the - total amount of costs which the Board will be required to pay to the Municipality � for performance of this Agreement in 1971 will be $ 42, 000.00 � The Board agrees to pay to the Municipality on or be£ore the last day of each � m:onth in 197I,� the sum of $3, 500.00 , as an advance payment of such costs. On or before April . 1, 1972, the Muri�ipality will submit to the Board a detailed statement of the actual costs incurred by the Municipality which the Board is required to pay in accordance with Section 6. 01, and will remit to the Board any am�unt paid to the Municipality which is in excess of such actual costs. If the total of the morithly advances previously paid by the Board is less than the actual amount of such costs, the Board shall pay to the Municipality on or be fore J.VI2.y 1, 1972 an amount equal to the dif£erence between the actual costs and the monthly advances previously paid. The • . Municipality shall keep detailed records supporting all costs of the types � . specified in Section 6.01 which it expects the Board to pay, and shall make the same available to the Board on request. • � Section 7. Inspection of Woxk. .The interceptors and appurtenances may be inspected by the Board to determine �vnether �the �vork required to be performed under this Agreement is being performed satisfactorily. If it is . determined that the Municipality or any of its contractors is not performing . ..5:. . b • ' ` ` the work satisfactorily, then the Board may do and perform such work or cause it to be done and performed, and may retain from any monies then due or to become due to the Municipality under this Agreement, the amount thereof required for the completion of such work; provided, however, that the perfor- mance of such work and the retention of monies by the Board pursuant to this Section shall not affec� the Board's ri.ght to commence an action against the Municipality for breach of this Agreement, or its rights under Section 5. IN WITNESS `VHEREOF, the parties hereto have execu�ed this Agreement this day of , 1970. . In the presence of: � Metropolitan Sewer Board _ . By _ . Chairman • And . � ' • Chief Administrator � . C ity of S aint Paul By , � Mayor And Commissioner of Public Works And � . • - � City Clerk . And � Comptxoller -- 6 _ (k) ,� • . • EXHIBIT A • . . ' ' CITY OF SAINT PAUL � INTERCEPTORS MSS Identif. Number Description 1-SP-200 From connection with Maplewood at Upper Afton Road and McKnight, westerly to intersection with Minneapolis- Saint Paul Main Interceptor (MSB No, 1-MS-100) at Childs Road approximately 1500 feet north of treatment works. . 1-SP-201 From connection with Woodbury at Lower Afton Road and Winthrop, westerly to intersection with St, Paul Interceptor (M,SB No. 1-SP-200) vicinity of Point Douglas Road a�nd Battle Creek. _ 1-SP-202 From connection with Maplewood at Highwood and McKnight . . northerly to intersection-with Sto Pau1 Interceptor (M$B. No,. . . _ . _ - ' � - Y-SP-201) at Lower Afton Road and Point Douglas Road. - -- - 1-SP-210 From connection with Maplewood at Stillwater and McKnight westerly and southerly to intersection with Minneapolis-Saint Paul Main Interceptor (M,SB No, 1-MS-100) vi.cinity of Childs � Road and Warner Road. 1-SP-211 From connection with Maplewood at Margaret and McKnight westerly to intersection with St, Paul Interceptor (MSB No. � 1-SP-210) at Pederson and Minnehahao 1-SP-212 From connection wi.th 3M Company at Conway and McKnight westerly to intersection with St, Paul Jnterceptor (MSB No. 1-SP-210) at Hazel and Minnehaha, 1-SP-214 From connection wi.th Maplewood on Larpenteur east and west of Winthrop Street (two connections) westerly and southerly to intersection with St, Paul Interceptor (MSB Noe 1-SP-210) on Margaret between Birminbham and Clarence, 1-SP-215 From connection with Maplewood at Larpenteur and Flandrau southerly to intersection with St, Paul Interceptor (MSB No, � 1-SP-214) at Hoyt and White Bear. 1-SP-216 From connection with North Saint Paul at Larpenteur and Kennard, southerly to intersection with Sto Paul Interceptor (MSB No, 1-SP-214) at Hoyt and Kennard, ~1 ' � � ' Exhibit A (Cont'd) ' City of Saint Paul Interceptors Page 2 MSB � Identif. Number � Description 1-SP-21? From connection with White Bear Lake at Larpenteur and • McAfee, southerly to intersection with St, Paul Interceptor (MSB No, 1-SP-214) at Mechanic and Etna. 1-SP-220 From connection with Maplewood at Larpenteur and West- minister southerly to intersection with Minneapolis-St, Paul Main Interceptor (MSB No. 1-MS-100), vicinity of Grove and Kitts on. 1-SP-221 From connection with Maplewood on Larpenteur at Agate and Adolphus (two connections) easterly to intersection with St. Paul Interceptor (MSB No. 1-SP-220) at Westminister and _ � Wheelock ParkwaY•. . -- . . . . - - - . 1-SP-222 From connection with Maplewood at Larpenteur and Rice, southerly to intersection with St. Paul Interceptor (MSB No, 1-SP-220) on Maryland approximately 1000 feet west of W.estminister. 1-SP-223 From connection with Roseville at Larpenteur at Galtier, southerly to intersection with St, Paul Interceptor (MSB No. 1-SP-222} at Nebraska and Rice, 1-SP-224 From connection with Falcon Heights at Hoyt and Hamline, easterly to intersection with St, Paul Interceptor (MSB No. 1-SP-222) at Cottage and Sylvan. 1-SP-230 From connection with West St, Paul at Annapolis and Robert northerly to intersection with Minneapolis-St, Paul Main Interceptor (MSB No, 1-MS-100) at Wabasha and I-94. 1-SP-2�4 From connection with MSB No. 1�SP-235 at Baker and � Strykex northerly to intersection with St. Paul Interceptor (MSB No, 1-SP-230) at Winifred and Humboldto 1-SP-235 From connection with MSB No, 1-SP-236 at Dodd Road and Winslow northerly to intersection with St. Paul 7nterceptor (MSB No, 1-SP-234) at Baker and Stryker, ' 1-SP-236 From connection with West Sto Paul at Sydney and Dodd Road northerly to intersection with St. Paul Interceptor (MSB Noo 1- SP-235) at Dodd Road and Winslow. . ' � ' M � . ' t � � � Exhibi.t A (Cont'd) . City of Saint Paul Interceptors Page 3 MSB Identif. � Number Description 1-SP-237 From connection with M�SB No, 1-SP-239 at Cherokee and . Ohio easterly to intersection with St. Paul Interceptor (MSB No. 1-SP-230) at Delos and Humboldt, 1-SP-239 From connection with MSB Noo 1-SP-241 at Cherokee and � George northerly to intersection with St, Paul Interceptor (MSB No, 1-SP-237) at Cherokee and Ohio. 1-SP-241 From connection with West St, Paul at Annapolis and Cherokee northerly to intersection with St. Paul Interceptor (MSB No. 1-SP-239) at Cherokee and George. 1-SP-250 From connection with Mendota Heights at Adrian and Vista northeasterly to intersection with St, Paul Interceptor (MSB No. 1-SP-230) at Wabasha and lOth Street, _ , �i , �.i�� � � DUlLICATS TO lRIN7ZR , CIT1f OF ST. PAUL F,�UNCIL NO OFFICE OF THE CITY CLERK COUNCIL RESOLUTION--GENERAL FO�RM r�a+rEO er COMMISSIONEQ DATE Yi1��t�AS, Par:�t te Mtp�sot�► Lars 1A69, Cl�apt�r 449, tAe-Metropol�taA Sa+�r �o�rd teok a�rtr tt� apantloA of th� Mln�ap�lts•St. Pa�i Sa�ltarr 0lstrl�t ar�d ihe 1at�re�ptor s�rsrs cs�n�c�d tMtr�tt�o� and - Iq�IE�11S. ttHr N�tropot�t�n s�r eourA an1 r+e: ti�t �h. :::�:', � Cit�r ot Sa1�t Ih�al* �u�h t�at tfep�r�t �f P�lt� N�rks, aontt�,t tie �ai�tai� and op�ra#� wch tAtet�a�pt�� sar�nr� to�eat�d MitA1� t� ait,� 11�1t� at �he expa�:e af !h� S�wr doard; �orr t��t*�tor� b� i x , �,YEC. Taat t�� �roper ci�y ofttcer� �n '�erN��► �thor�tsed �d dlr�tt�d to �t�r, oa b�halt di tt�e CttY of Sai�t Pa�t, a9nwewt �tw�e�� �he C1ty �ad ths Mftropotttaa ; , : �3aMa�► eear�, atd yre�nt p e r t af�f a g tio tfN Cl f�r o��1 n q �� �_ �d �intstwl�q � S�rs �arr's int�rceptor �rs wttl�ta !tN <:; clty �trits at t�e �xp�s� ot �e �r 9e�r�� �= rore t�tty '�' - �. �:crlb�d 1n tat s�1d a9raw�At, a arp�r st wb1�h ts +��dNd htrfto. � „�,. OEC 3 0 �� COUNCIIII�EN Adopted by the Co»ncil 19� Yeas Nays Bu�� �EC 3 0 1�70 Carlson � Apprnv� 19� Levine TT Favor : Meredith Sprafka (� e ��� ;�"��t Tedesco Mr. Preaident, McCarty ��