249929 ORIGINAL TO CITY CLBRK
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` � • 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
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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.
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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
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