Loading...
249929 ORIGINAL TO CITY CLBRK �9J29 ` � • CITY OF ST. PAUL FIOENCIL NO OFFICE OF THE CITY CLERK UNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE ATF RESOLVED� That the proper C:ii�y officers are hereby authorized and directed to execute on behalf of the City of Saint Paul an agreement between the City� the Metropolitan Sewer Board, and the Metropolitan Council� said agreemen.t pertaining to the City constructing an interceptor at the expense of the Metropolitan Council and Metropolitan Sewer Board, copy of which agreement is attached he reto and made a part hereof by reference. �ORM R E � , t1 n n� I Ass arP JUL 31 1970 COUNCILMEN Adopted by the Counci� 19— Yeas Nays J�;� � 1 1970 Butler ��g�,� Approved 19� Levine Favor Meredith Mayor Sprafka V' Tedesco Against Mr. President, McCarty . PUBLISHED AUG 8 �970 �O ._ � , ��g�,�9 , AGREEi�NT This Agreement, made aad entered into by and among the I�Zetropolitan Council (hereinafter calle3 the Council) , the tiietropolitan Sewer Board (hereinafte� called the Sewer Board) , and the Citq of St. Paul (hereinafter called St. Paul) ; WITNESSETH THAT, In the �oint and separate exercise of each of their powers and in consideration of the mutuel covenants herein contained, the parties hereto recite and agree as follo��s: � SECTIO�t 1 GENERAL 1.01. Council & Sewer Board. Pursuant to Laws 19G9, Chapter 449, tY:e ?�etropolitan Council has adopted a comgrehensive plan for the collection, treat- ment and disposal of sewage in the metropolitan area and ras appointed the Sev�er Board to construct, operate and maintain a sewerage sy�tem for this purpose. Chapter 449, authorizes the Sewer Board at any time after January 1, 1970, to assume ownership of existing interceptors and treatment works needed to imple- ment the Council's comprehensive plan, and to acquire, construct and equip all additiona.l interceptors and treatment ��orks needed for this purpose. 1.02. Interceptor. The interceptor secaer, pump station and necessary appurtenances described in Exhibit A attached ?.t�reto (hereinafter called the Interceptor), when completed, ��ill be an ''interceptor'' within the meaning of Chapter 4�59, and is in accordance with and will be needed to implement the Council's comprehensive plan. ' SECTION 2 IN'fERCEPTOR COATSTP.UCTION 2.01. Plans and 3pecifications. St. Paul has prepared plans and specifica- tioas for the Interceptor, and has presented them to the Se��er Board for approval; and the plans and specifications have been approved by the SeR,�er Board by its Resolutian No. 70-21. 2.02. Construction Contract. St. Paul has advertised and received bids for the construction of the Interceptor, and has furnished the Sewer Board with a complete tabulatioa of the bids received an� their recommendations re�arding them. St. Paul and the Sewer Board agree that the bid of tiorettini Construction Com�any, of St. Paul, ?�tinnesota, in the base a�unt of $174,^55.�0 is the lowest and best �id received pursuant to said advertisement, and that St. Paul shall award the contract for the construction of the Interceptor to said bidder. 2.03. Contract Terms aud Administration. The construction contract shall be acaarded in the name of St. Paul, but shall be assignable to the Sewer Board. St. Paul shall permit the Se��er Board's engineer in charge of supervision of con- struction to inspect the construction and make recommendations concerning it. Amounts paqable uader the contract shall be naid only after verification in the manner required by the Sewer Board's By-laws. Final paym�nt shall not be made to the contractor until it has fullq completed the worl�: ar.d �.t has been �.pproved by the Sewer Board. Proposed change orders and other rQ�ate�' matters shall not be pt=.t into effect until they are approved by the Sewer Board. 2.04. Sewer Board's Designee. To the extent that any action of St. Paul requires approval of the Sewer Board, its Chief Admi.nistrator is herebq desi�mated the Sewer Board°s representative for such purpose and St. Paul may rely on the written approval of such representative for their authority to take such action. SECTION 3 INTERCEPTOR FINAI�IICING 3.01. Interceptor Costs. The total cost of the Interceptor is presentlq estimated to be as follaws: Construction contracts $174,955.00 Engineerin� & Inspection 1�,500.00 Traffic Control 100.0� Transfer Existing Station 20Q.00 Total $192,755.�J0 -2- . � 3.02. Temporarq Financing. Until pernianenC financing of the Interceptor is completed as provided in Section 3.02, St. Paul agrees to advance funds to pay all costs incurred and to be incurred in the preparation of plans and specifications for and the canstruction of the Interceptor. 3.03. PermanenC Financing. The Sewer Board agrees that it will provide all funds necessary to pay all costs of the Interceptor incurred or paid by St. Paul after l�Iay 27, 1�?69, including the costs paid pursuant to Section 3.02, from the proceeds of the $42,0OO,OG`0 Sewer Bonds dated July 1, 1970, to be issued by the Metropolitan Council, when available. After such proceeds become available the Sewer Board shall pay to St. Paul an amount equal to ell costs theretofore incurred and paid by it for the planning and construction of the Interceptor, and shall thereafter pay the casts of all additional work and materials necessary for the completion of the In*ercegtor. SECTION 4 Ot�ATERSHIP 4.01. Sewer Board Owxzers:zip. The Sewer Board shall be the owner of the Interceptor to the extent that costs thereof are paid from �neys made available therefor by the Nietropolitan Council or the Sewer Board. SECTION 5 TERP�INATIOId BY SEWER BOARD � 5.01. Termination of Agreement. The Sewer Board may terminate this Agreement at anq time by givin$ St. Paul notice by registered mail of its intention to terminate aad the proposed date of termination which shall be not less than 15 days after the notice is mailed, provided that it assumes the obli- gations of all contracts awarded by St. Paul for the construction or engineering of the Interceptor, and provided that it pays to St. Paul an amount equal to all funds advanced by it to paq costs of the Interceptor. Upon receipt of such notice St. Paul shall prepare and deliver to Sewer Board assignmen.ts of all such contracts effective as of the uroposed termination date, all property rights acquired for the Interceptor, an itemized accounting of f�ds so advanced, verified in the manner required by the Sewer Board's By-laws, and an assignment of its rights to any federal grant for the Interceptor. -3- e 5.02. Effect of Termination. Upon termination of this Agreement se pro- vided in Section 5.01, all obligations of the parties hereunder shall cease. IN WITNESS �JfiEREOF, the parties hereto have executed this Agreement on this day of , 1970. In the presence of: i�Ietropolitan Council By - Chairman And _. Executive Director t�ietropolitan Sewer Board By Chairman And Chief A�mi.r_3.stra':or CiCy of St. Paul sy ?�yor And - Commissioner of Public t�Torks Approved as to fosm and execution: Assistant Corporation Counsel City Clerk Countersigned: Comptrol er -4-