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06-475Council File # � Green Sheet # a�oZ- Presented Referred To �I Cox�mmittee Date WfIEREAS, Hoyt Avenue and Hamline Avenue, previously Ramsey County roadways, have been "turned back" to the cities, and WHEREAS, the segments of Hoyt Avenue from Fulham Street to Cleveland Avenue and from Snelling Avenue to Hamline Avenue, and the segment of Hamline Avenue from Hoyt Avenue to Larpenteur Avenue, are border streets shared by Saint Paul and Falcon Heights, and WHEREAS, responsibility for maintenance of the shared street and sewer utilty systems and authority for joint use of the storm and sanitary sewer systems must be established; now therefore be it RESOLVED, that we hereby authorize the proper City officials to sign the Agreement. Yeas Nays Absent Benanav � Bostrom ,/ Hazris y Aelgen J Lanhy ,� Montgomery � Thune � Adopted by Council: Date /� dO Adoption Certified by Council Secretary BY� //ilG� oi `L.C�Sdn % Approved by M r: e " Zy �� By: ��'d� RESOLUTION CITY OF SAtNT PAUL, MINNESOTA J �� Requested by Depaztrnent of: Public Works ; / / , � . � Form App d by Ciry Attomey By Appzoved by for Submission to Council By. (///%�7A4a$¢� c.iLSe�v`` ��. ' � f�!! � Green Sheet Green Sheet Green Sheet Green Sheet G�een Sheet Green Sheet � - . - -- . � ��'� 7� p�15/ - PubticWorks CoMact Person & Phone: Larty Lueth 266-6083 ContractType: RE-RESOLlST10i3 21-APR-O6 � , Assign by (Date): Number Foc Routing Order Green Sheet NO: 3030482 1 61ic Wor De arlment 'rec 5 Ctiro Cl ck G titv Q erk ToUI # of Signature Pages _(Clip NI Locations for Signature) Approve a Council Resolution authorizing proper City o�cials to enter into a Join[ Powers Agreemen[ with Falcon Heights, which establishes maintenance responsibilities for border sneecs between Saint Paul and Falcon Heights and for joint use of the storm and sanitary sewer systems in those border streeu. Recommendations: Appro�e (A) or Reject Planning Commission CIB Commi[tee Citil Senice Commission 1. Has this persoNfirtn e�er vrorked under a cont2ct for this department? Yes No 2. Has this persoNfirm e�er been a city employee? Yes No 3. Does this persoNfirm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, tssues, Opportunity (Who, What, When, Where, Why): Hoyt Avenue and Hamline Avenue, previously Ramsey County roadways, have been "turned back to ihe cities. Segments of these two roadways fali on the border between Saint Paul and Faicon Heights. Shazed responsibility for maintaining the street and sewer facili[ies in these roadway segments must be assigned. AdvantageslfApproved: I Responsibilities for maintaining segments of Aoyt and Hamline, shared border streets of Saint Paul and Falcon Heigh[s, will be clarified �� Use of 5ain[ Paul's s[orm and sanitary sewers by Falcon Heights in these same sVeet segments will be authori� �, �� , Disadvanta9es IfApproved: None �i��s� � c�i LUYild i E� MAY 0 5 2006 , �� .�� DisadvanWqeslfNotApproved: Shazed maintenance responsibilities for street and sewer facilities in the stree[ segments along the border of Saint Paul and Falcon � Heigh[s remains unassigned. �, Transaction: Funding Source: N/q CosURevenue Budgeted: y Activity Number. rJ/A Financial information: Falcon Heights wiil reimburse Sain[ Paul for maintenance work performed per terms of the Agreement. (Explain) >�--':--�-"�- �.: � ----�_ ---: —�-- -> -- ---- —�� --��—�t aprii z�, �oos �z:zs Pn� Pa � �'� 0 $ � ��;� rr �� lo'�f �� JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF SAINT PAUL AND THE CITY OF FALCON HEIGHTS RELATING TO MAINTENANCE OF STR,EET AND SEWER FACILITIES AND TO JOINT USE OF SAINT PAUL'S SAIVITARY AND STORM SEWERS IN HAMI�INE AVENUE AND HOYT AVENUE This Joint Powers Agreement (the "Agreement") made and entered into this day of , 2006, (the "Effective Date") by and between the City of Saint Paul, a Minnesota municipal corporation, hereinafter referred to as S.P. and the City of Falcon Heights, a Minnesota municipal corporation, hereinafter referred to as F.H. Based on the representations, covenants and provisions hereinafter contained, the parties do hereby agree as follows� AR.TICLE 1. RECITALS 1.1 Status of Parties. S.P. and F.H. are municipal corporations under the laws of the State of Minnesota. The cities adjoin each other. 12 Statutory Authorit� This Agreement is entered into pursuant to Minnesota Statutes Section 471.59. 1.3 Street Utility and Sewer Utility Maintenance. S.P. and F.H. have noted that Hamline Avenue from Hoyt Avenue to Larpenteur Avenue, and Hoyt Avenue from Fulham Street to Cleveland Avenue, and from Snelling Avenue to Hamline Avenue, are border streets and thus located within the corporate limits of S.P. and F.A. The street utility and sewer utility facilities must be appropriately maintained to service the citizens of the two communities. l.4 Purpose of Agreement. The purpose of this Agreement is to assign facility maintenance responsibilities, to allocate the appropriate compensation due S.P. by F.H. for maintenance services, and to establish joint use of S.P.'s storm and sanitary sewer by F.H. ARTICLE 2. DEFINITIONS 2.1 Terms. The following terms, unless elsewhere defined specifically in this Joint Powers Agreement, shall have the meanings as set forth below. 2.2 S S.P. means the City of Saint Paul, a Minnesota Charter City. 2.3 F_H. FH means the City of Falcon Heights, a Minnesota Statutory City. -1- ro6 -��.� 2.4 Street Utilitv. Includes pavement and curb, sidewalk, street lighting, street striping, street signs, and traffic signals. 2.5 Sewer Utilitv. Includes storm main, catch basins, catch basin leads, storm manholes, sanitary main, and sanitary manholes. 2.6 Roadwavs. For intent of this agreement, "roadways" shall be defined as the segment of Hamline Avenue from Aoyt Avenue to Larpenteur Avenue, and the two segments of Hoyt Avenue from Fulham Street to Cleveland Avenue and from Snelling Avenue to Hamline Avenue. 2.7 Winter Maintenance/Snow & Ice Control. Roadway shall be kept reasonably free and clear of ice and snow, curb face to curb face. Sand and/or salt shall be applied as necessary. Vehicle tagging and towing as needed. 2.8 Routine Road Maintenance. Maintain roadway so as to keep them reasonably smooth and in reasonably good repair for the passage of vehicular traffic and reasonably free of all obstructions and impediments to traffic. This maintenance shall include such preventive maintenance services as may be reasonably required to preserve the roadway in its present operating condition including proper and timely patching� seal coating Hoyt in 2007 and on an eight (8) year cycle thereafter; sweeping of Hoyt twice per year (spring and fall), and of Hamline at least 13 times per year; and debris removal. 2.9 Routine Traffic Maintenance �Strining�Siens. Lights. Signals). Maintain pavement marking (paint twice per year) and traf�c signs in accordance with S.P. practices. Street lighting system shall be maintained on an "as needed" basis. Traffic signal maintenance is governed by a separate agreement. 2.10 Routine Sewer Utility Maintenance. Maintain storm and sanitary sewer systems in a condition such that sewer flows are conducted efficiently. Maintain catch basins so that existing sumps function adequately to capture signif"icant sediment and so that storm flows are efficiently conducted to the main line. Replace structure castings that are cracked or broken. 2.11 Rieht-of-W� Management. Includes reviewing private utility construction proposals, issuing permits for such work, monitoring traffic control efforts, and assuring quality street restoration per specifications. 2.12 S.P. Representative. S.P. representative shall mean the S.P. City Engineer. -2- �� -y �.� 2.13 F.H. Representative. F.H. representative shall mean the F.H. Public Works Director. 2.14 Uncontrollable Circumstances Uncontrollable Circumstances shall mean the occurrence or non-occurrence of acts or events beyond the control of the party relying thereon, and not the result of willful or negligent action or inaction of the party claiming the event as Uncontrollable Circumstances that materially adversely affects the performance of the party claiming the event as an Uncontrollable Circumstance including, but not limited to, the following� (1) Acts of God including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, wars or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. Note• it is reasonable to expect a rainfall greater than what the storm sewer is designed for — a five year storm. When that happens, local flooding will occur. (2) The adoption of or change in any federal, state, or local laws, rules, regulations, ordinances, permits or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Joint Powers Agreement. (3) A suspension, termination, interruption, denial or failure of renewal of any permit, license, consent, authorization or approval essential to the maintenance effort. (4) Orders and/or judgment of any federal, state or local court, administrative agency or governmental body, provided, however, that the contesting in good faith by such party of any such order andlor judgment shall not constitute or be construed to constitute a willful or negligent action or inaction of such party. (5) Strikes or other such labor disputes shall not be considered Uncontrollable Circumstances, unless such strike or labor dispute involves persons with whom the parties have no employment relationship; and the parties, or either of them cannot, using best efforts, obtain substitute performance. -3- / D� �� 75 AR7'ICLE 3 ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES 3.1 Winter Maintenance/Snow Ice Control, as described in 2.6, shall be the responsibility of F.H. 3.2 Routine Road Maintenance, as described in 2.7, shall be the responsibility of S.P. 3.3 R.outine Traffic Maintenance, as described in 2.8 and £urther described in Attachment "A", shall be performed by S.P. Cost for services provided for/on the Falcon Heights half of the three (3) street segments and for any additional services requested by F.H. will be invoiced to F.H. 3.4 Routine Sewer Utility Maintenance, as described in 2.9 and as further described in Attachment "B", shall be performed by S.P. Cost for services provided forlon the behalf of F.H. will be invoiced to F.H. Note� S.P. Sewer Maintenance will not bill for cost of service directly — services will be billed annually based on the method found in Section 42 and Attachment "C". 3.5 Ri.ght-of-Wa� shall be managed and permits issued by the City that controls that portion of the right-of-way in which the permitted activity is planned. When permits are issued or cuts planned in street segments governed by this agreement, the permitting City shall notify the other of the planned activity. AIZTICLE 4 MAINTENANCE EXPENSE AND BILLINGS 4.1 Services performed by S.P., as described in Section 3.3 on behalf of F.H., shall be invoiced as herein described� S.P. will bill F.H. for services rendered hereunder on a monthly basis detailing a description of the work involved, the labor and equipment used in the performance thereof, and the parts and materials furnished. Lahor charges will be billed by S.P. at the wage it has established as adjusted, via collective bargaining with the various occupational groups who actually perform the work. Such wage rates will also be adjusted to reflect the cost of fringe benefits paid by S.P, to those occupational groups who actually perform the work. � 06-��.� Further, the wage rates and/or fringe benefits will be adjusted if the occupational groups are working holidays, are on overtime status, or have been subject to callback as the case may be and as determined by the time when work is performed hereunder. The labor chaxges referenced shall commence at the time travel begins and terminate when travel ends for any task performed for F.H. hereunder. S.P. shall provide to F.H. the most current billing rates for labor for each occupational group performing the work. S.P. shall also provide to F.H., the most current equipment billing rates. F.H. shall be billed for parts and materials in S.P.'s actual cost plus a markup of twenty percent (20%) to cover the costs of restocking, handling, and operating expenses. F.H. will remit the sum payable to S.P. within thirty (30) days after its receipt of same. 42 Services performed by S.P. as described in Section 3.4 on behalf of F.H., shall be invoiced as herein described. S.P. will bill F.H. annually for services rendered hereunder. 4.2a For sanitary sewers connected to Hoyt Avenue between Snelling Avenue and Hamline Avenue, F.H. agrees to annually reimburse S.P. an amount equal to the distance of the joint-use sewer segment, times the percentage of flow originating within F.H. to the total sewer flow, times an annual sanitary sewer maintenance cost per mile as established herein. Attachment "C" tabulates the F.H. flow to total flow percentage for the various segments of the jointuse sewers based on calculated Residential Equivalent Connection (REC) units. Should the use of these percentages be unsatisfactory as basis of maintenance cost apportionment to either party, then they may be superseded by a revised determination of REC units or field checks of actual flow rates. Attachment "C" also tabulates the proportionate mileage of joint-use sanitary sewer on which F.H: s annual reimbursement to S.P. is based. 4.2b For the sanitary sewers connected to Hoyt Avenue between Fulham Street and Cleveland Avenue, F.H. agrees to annually reimburse S.P. an amount equal to the charge as calculated in Section 42a above, divided by the number of F.H's. REC units established in Attachxnent "C," times the number of F.H.'s REC units for this area which has been determined to be 111 REC units. Should the established number of REC units be unsatisfactory as basis of maintenance cost apportionment to either party, then they may be superseded by a revised determination of REC units or field checks of actual flow rates. -5- 06-��.� 42c For the storm water portion, F.H. agrees to annually reimburse S.P. an amount equal F.H.'s land area contributing flow to S.P.'s storm sewer �0.119 sq. mi.) divided by the total land area in S.P. �52.8 sq. mi.) times S.P.'s previous year spending in their Storm Water Management Program. For 2005, that program's spending was $292,806. It is noted that F.H.'s storm water between Fulham Street and Cleveland Avenue flows north and does not enter the S.P.'s storm sewer system. 42d On or before February 1 of each year, S.P. shall submit to F.H., an invoice and documentation of the Saint Paul Department of Public Works Sewer Maintenance Annual Budget, the prior year's spending for storm water management, and a summation of mileage of sewer, irrespective of size or type. The annual sanitary sewer maintenance cost utilized for the purposes of this agreement, shall be the annual Saint Paul Department of Public Works Sewer Maintenance budget ($5,770,568 for 2006), divided by the mileage of sewer within S.P. (1,254 miles in 2006) times 110 percent to account for other administrative, depreciation, and related overhead expenses not included within the Sewer Maintenance Division budget. For 2006, the annual sanitary sewer maintenance cost per mile is agreed to be $5,062. 4.2e F.H. shall make payment to S.P. within thirty (30) days of receipt o£ invoice for the maintenance cost sharing amount as determined by the basis set forth in this agreement for the current calendar year. 4.2f In the event that it is necessary to reconstruct, reline or replace part or all of the existing joint-use sewer in Hoyt Avenue, F.H. will recompense S.P. based on the percentages of F.H.'s flow as shown in Attachment "C" for the segments to be reconstructed or replaced. If replacement is needed because F.H.'s wishes to convey additional flow, that cost will be paid by F.H. ARTICLE 5 JOINT USE OF SAINT PAUL'S SAIVITAR,Y AND STORM SEWERS 5.1 S.P. does hereby grant permission to F.H. to allow F.H.'s sanitary and storm sewers that currently drain into the Hoyt and Hamline Avenue sewers at the locations shown in Attachment "B", Exhibits "A" and "B", to continue to do so in exchange for F.Ei.'s sharing of maintenance and replacement costs of the sewers. � o�-�� 52 The F.H. sanitary sewer system connected to the S.P. sewer system shall be used solely for the purpose of conveying sanitary sewage. F.H. shall not permit storm water, clear water, or inflow and infiltration exceeding standards set by the Metropolitan Council Environmental Services to be connected to S.P. sanitary sewers. 5.3 The F.H. storm sewer system connected to the S.P. sewer system shall be used solely for the purpose of conveying municipal storm water. F.H. shall prevent non-storm water discharges as currently defined by the Minnesota Pollution Control Agency and Saint Paul's National Pollutant Discharge Elimination System Permit from being discharged into S.P.'s storm sewers. 5.4 F.H. shall save S.P. harmless from any damage, cost or expense> and fully indemnify S.P. against any and all liability sustained by reason of the connections, or the maintenance of connections hereunder, between the public sewer system of F.H. and the public sewer system of S.P., by reason of any damage, cost, expense or loss that may be sustained by F.H., its inhabitants or any other person or persons connected with the use of F.H.'s public sewer system, or by diversion into F.H.'s public sewer system of prohibited discharges as outlined in Sections 5.2 and 5.3. This agreement is entered into pursuant to all of the terms, provisions, and conditions of Chapter 80 (Sewer Contracts, Suburbs) of the Legislative Code of S.P. F.H. does not waive, and expressly retains, any and all defenses and immunities pursuant to Minnesota Statutes, Chapter 466, et.al. 5.5 It is agreed between the parties hereto, that the Metropolitan Council Environmental Services (MCES) shall estimate the amount of sanitary sewage attributable to the F.H. properties hereby authorized to be connected to the S.P. sanitary sewer, and shall accordingly, charge F.H. for its proportionate cost of sewage treatment, conveyance in MCES interceptors, and related costs in its annual billings. F.H. and S.P. shall cooperate with, and provide all necessary information to the Metropolitan Council Environmental Services so as to permit the proper billing to F.H. and credit to S.P. for its sewage. -7- o�-��.� AR,TICLE 6 INDENINIF'ICATION 6.1 Indemnification. Each party to this agreement shall be liable for its own acts and its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any party, its officers, employees or agents. AR,TICLE 7 GENER,AL PROVISIONS 7.1 Governine Law. This Agreement shall be construed and interpreted according to the laws of the State of Minnesota. 72 Amendment. This agreement may be amended by the parties, but only by a written instrument. 7.3 Notices. All notices or communications required or permitted pursuant to this Joint Powers Agreement, shall be either hand delivered or mailed to F.H. and S.P. by certified mail, return receipt requested, at the following address� F.H. Greg Hoag Director of Public Works 2077 West Larpenteur Avenue Falcon Heights, Minnesota 55113 S.P. John Maczko City Engineer Department of Public Works 15 West Kellogg Boulevard 140 City Hall Saint Paul, Minnesota 55102 Either party may change its address or authorized representative by written notice delivered to the other party pursuant to this Section. � ��-�� 7.4 Service Calls. Requests for Service shall be initiated by and requested of those authorized persons listed below. This list of authorized representatives is to be updated as necessary. S.P. Authorized R.epresentatives Street Maintenance� Gary Erichson Tom Scaramuzzo Jeff Sanchez Jim Crudo Traffic Maintenance� Tom Stadsklev John McNamara Michael Miller Sewer Maintenance� Greg Galloway Rich Rowan 24-hour Phone #651-292-6600 Street Maintenance Engineer Sweeping, Mowing, Litter Patching, Sealcoating Patching 7�00 a.m.-4�00 p.m. Phone #651-487-7200 After Hours — Phone #651 Traf�c Maintenance Engineer General Lead Electrician Pavement Markings and Signing 7�00 a.m. — 4�00 p.m. Phone #651-558-2277 After Hours — Telephone #651�292-6600 Sewer Maintenance Supervisor Dispatcher F.H. Authorized Representatives� Winter Street Maintenance by Ramsey County Pam Thompson @ County. 7�00 a.m. — 3�30 p.m. 651-266-7100 Night Crew @ County 3�30 p.m. — 12�00 p.m. 651-266-7100 Sheriff's Office @ County 12�00 p.m. — 7�00 a.m. 651-484-3366 Sewer Maintenance by Saint Paul Greg Hoag Dave Tretsven Collin Callahan �O£fice) 651-792-7600 (Cell) 651-248-9318 (Home) 651 �O�ce) 651-792-7600 (Cel� 651-248-9410 �Home) 651 �Office) 651-792-7600 (Cell) 651-248-9437) tHome) 651 Traffic Maintenance by Saint Paul Falcon Heights contacts as listed above. �'➢ o�-��.� 7.5 Counternarts. This Joint Powers Agreement may be executed more than one counterpart, each of which shall be deemed to be an original but, all of which taken together, shall be deemed a single instrument. 7.6 Survival of Itepresentations and Warranties. The representations, covenants, warranties, and agreements of the parties under this Joint Powers Agreement, and the remedies of either party for the breach of such representations, warranties, covenants and agreements by the other party, shall survive the execution and termination of this Joint Powers Agreement. 7.7 Non Neither F.H. nor S.P. shall assign any interest in this Joint Powers Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. Such consent shall not be unreasonably withheld. 7.8 Severabilitv. The provisions of this Joint Powers Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phase of this Joint Powers Agreement is, for any reason, held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of the Joint Powers Agreement. 7.9 Termination. This maintenance and joint-use agreement shall be permanently binding on both parties unless it is terminated by mutual consent, or in the event that sewage facilities that allow a connection to the Metropolitan Council Environmental Services Interceptor System within F.H. become available and obviates the state purpose of the joint sewer use aspects of this agreement. L[1j b��y�,� IN WITNESS WHEREOF, the parties have executed this Agreement, the date and year first set forth above. CITY OF SAINT PAUI. Approved as to Form� $ Mayor $ : City Attorney Director of Public Works : Director, Financial Services CITY OF FALCON HEIGHTS I� Susan Gehrz, Its Mayor $ Heather Worthington Its City Administrator -11- o�-�� STATE OF NIINNESOTA ) ) ss. COUNZ`Y OF RAMSEY ) On this day of 2006, before me a Notary Public within and for said County, personally appeared > and to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor, Director of Public Works, and Financial Services Director of the City of Saint Paul, the municipality named in the foregoing instxument, and that the seal affised to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor, Director of Public Works, and Financial Services Director acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this day of 2006, before me a Notary Public within and for said County, personally appeared , and to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Administrator of the City of Falcon Heights, the municipality named in the foregoing instrument, and that the seal af�xed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed o£ said municipality. Notary Public 12- o�-��'' ATTACHMENT "A" ROUTINE TRAFFIC MAINTENANCE Routine Traffic Maintenance on Hamline Avenue from Hoyt to Larpenteur, Hoyt Avenue from Fulham Street to Cleveland and Hoyt Avenue from Snelling Avenue to Hamline Avenue will be completed as follows� • Signs within S.P. will be maintained by S.P. • Signs within F.H. will be maintained by F.H. • Pavement markings within S.P. and F.H. will be maintained by S.P. The cost of services provided for maintaining pavement markings in F.H. will be billed to F.H. by S.P. • Street lighting within S.P. will be maintained by S.P. • Street lighting in F.H. on the north side of Hoyt from Fulham Street to Cleveland Avenue will be maintained by S.P. and costs of services will be billed to F.H. • There is no street lighting in F.H. on Hamline Avenue from Hoyt to Larpenteur and Hoyt Avenue from Snelling Avenue to Hamline. At sometime in the future, F.H. may desire that S.P. complete additional routine traffic maintenance services on above referenced streets or at other locations within F.H. city limits. Attachment "A" may be amended by F.H. at any time, providing such amendment is in writing and specifically describes the nature and type of such matter, its location and effective date of change. Such amendment shall be sent to the Traffic Operations Engineer, 899 North Dale Street, Saint Paul, Minnesota 55103. Amendments to Attachment "A" can include on-going or short-term requests for services for street lighting maintenance, traffic signal maintenance, pavement marking installation, sign manufacturing, repair or installation or other traf�c infrastructure installation, maintenance or repair. 1. Said services shall include repair of malfunctions and knockdowns as they occur. Painting of poles may be arranged through the City of Saint Paul, or its contractor, which will be paid directly by Falcon Heights. Services contemplated herein do not include energy costs. 2. Electrical work performed by S.P. will be in conformance with the national electric code and in a neat and workmanlike manner. Further, traf£ic control during any maintenance performed by S.P., shall be structured according to Appendis "B" of the Manual of Uniform Traffic Control Devices. -13- o� ��S 3. Any construction work, excavation work and concrete work needed for the effective installation, repair of maintenance of the infrastructure serviced by S.P. shall be done by F.H. or agreed upon prior to commencement of work. 4. Damaged materials removed by S.P., pursuant to this agreement, shall be turned over to F.H. for inspection and disposal. 5. F.H, shall furnish to S.P., a copy of any and all repair and maintenance manuals and revisions of the same for any and all equipment. 6. S. P. shall immediately dispatch qualified personnel to repair and correct emergency or dangerous situations, on a priority basis, considering all traffic infrastructure maintained by S.P., taking care of the most dangerous situations �rst. 7. S.P. shall, for non or non situations, respond to calls for service within twenty-four (24) hours if such calls are received between 7�00 a.m. and 5�30 p.m., Monday through Friday, excluding legal holidays. A call for service at any other time shall be responded to within seventy- two (72) hours. 8. To the extent possible, depending on S.P.'s complement of available staff and available parts, any infrastructure covered hereunder shall be restored to normal operation within seventy-two (72) hours from the time the call for sexvice is received. 14- 0�-�7� ATTACHMENT "B" ROUTINE SEWER UTILITY MAINTENANCE 1. Catch basins and catch basin leads within S.P. will be maintained by S.P. Catch basins and catch basin leads within F.H. will be maintained by F.H. 2. Storm sewer and sanitary sewer main lines in Hoyt from Fulham to Cleveland and in Hoyt from Snelling to Aamline shall be maintained by S.P. Costs for services provided for on behalf of F.H. will be invoiced to F.H. 3. Storm sewer in Hamline from Hoyt to Larpenteur , will be maintained by S.P. Costs for serviced provided for on behalf of F.H. will be invoiced to F.H. 4. Sanitarv Sewer in Hamline — S.P. and F.H. have, for the most part, separate systems. Each city will be responsible to maintain their own system. 5. Attached Exhibit "A" identifies location of joint use sanitary sewer. 6. Attached Exhibit "S" identifies location of joint use storm sewer. 7. Frequencv of Routine Maintenance — Sewer main blockages shall be deemed an emergency and resolved as soon as possible. For the most part, Sewer Maintenance Services will be complaint driven. Sewer mains in these three (3) street segments were inspected and televised in 2005; hereafter these mains will be inspected and televised on a ten cycle. -15- �b "�f 7� ATTACHMENT "8" EXHIBIT A LOCATION OF JOINT USE SANITARY SEWER: HOYT AVENUE FROM SNELLING TO HAMLINE AVENUES c� J j � m 2 h y Q �I � 1 ,��a LARPENTEUR --; , ' � CAUf'ORNlA e IDANO ,� /OWA �, HDYT ti- $� � �, NEBAASXA " � 2 � Z r. o Z ai y Q O � O . p 2 " h C Z Q y _?.. ...._._ ; � � N. � r.'� ;'n . �' I ! s t �. i ' O)Ji ' S� -16- 06 -�� EXHIBIT A (CONTINUED) LOCATION OF JOINT USE SANITARY SEWER: HOYT AVENUE FROM FULHAM STREET TO CLEVELAND AVENUE 2 Q W y W � �� '�� _ ,ti�� . _. . '�' _ � � U OF M I —� r ,OL F COURSE � 0 N I' �aG i W J p � ,, Cf Z � g UNI ✓EHSIT Y v ' l�, � � j 0 GROVE ElJST 4� d � � � m �, 3 : � � J - a z �, �ti k � p � �� l� �� it"� 9' :- 3� .. S _ Zo� ' j� • a � I �,��7, � ,�_�— - --�._!� - F'p�u; 4 . ;Z _ `.,_.'' /iz \*. 4� � � 2.� ;-'`-�. �� , ,� � j�� = µ� \ �. � � (� �/� .� � ,.� \ i•� � v 0�1� w G j�_ � • �.M1 `' � � ��' o �� h� �� i..: � � � w . S ` i ,� ,� o� � �� 1 1 ' ' � `�,�.i � i �' �L �� is':onf ,y� � ��_'l2�CT.�_�1 IY _,._I 4 �0"-a� � i _ b'a8s�� ix'�a.:. �.i I � �Z_�fA � � 'i r---- { -----:� � � ------- -- -� ... �- �. � HDYT ��I� . a. y, � ` � 1 Y N v p � �' _� Q {7 Y n I y �? '� �Sc-�.�Y�� N•-/• �/r'9'.Sx �'vs.n.. �.�t!� �i� �'1 a ; ' li�Y.ta�. � �� 1 _•--••—�� .� �� ----� � ir "�-- 3,Ir'�� :1 .t z �,� ! , m D EY i Figure 1 -17- o�-� 7� ATTACHMENT "B" EXHIBIT B LOCATION OF JOINT USE STORD'I SEWERS: HOYT AVENUE FROM SNELLING TO PASCAL AVENUES, HOYT AVENUE FROM ALBERT STREET TO HAMLINE AVENUE AND HAMLINE AVENUE FROM CALIFORNIA TO IOWA AVENUES i '- J j W m Z Q y I p � LARP£NTEUR --� . " � ;; CALIFORN/A /DAHO ' /OWQ � NOYT ti :, $'� J �� V t �' � N£BRASXA ' 0 Q � y � Q y a 0 � O Z � ti m � x ° o Z � t�i.w tfj9' f R < i f' d I, �, f L:N r� � � � e� ATTACHMENT "C" JOIIVT USE SANITARX SE`VERS AND PERCENTAGE OF FLOW The following table shows the percentage in 2005 of Falcon Heights's sanitary sewer flow entering the sanitary sewer in Hoyt Avenue. Flow from Falcon Heights includes part of the area bounded by Larpenteur, Snelling, Hoyt and Hamline Avenues (see Exhibit D). It also includes Hollywood Court and the S W comer of Larpenteur and Snelling Avenues. The Equivalent Falcon Heights Mileage is calculated as a factor in determining Falcon Heights's annual cost for using these sections of St. Paul's sanitary sewer. Sewer 5egment (Falcon Aeiahts' REC) Falcon Heights's Segment Equivalent (Total REC) Share % Miles Falcon Heights Mileage Hoyt Ave. from 231 59.5% 0.499 0.297 Snelling Ave to 388 Hamline Ave. i otai r atcon rieignts iviiieage = u.ay � Note: The Metropolitan Council Environmental Services defines a REC as the sanitary sewer volume (80,000 gallons per year) generated by a typical residential connection. -19- o�-�� ATTACHMENT "C" EXHIBIT D NUMBER OF HOMES AND OTAER PROPERTIES CONNECTED TO THE HOYT AVEN UE SEWER For St. Paul Asbury St. from Nebraska Ave. to Hoyt Ave. Twenty-eight homes 28 REC Arona St. from Nebraska Ave. to Hoyt Ave. Twenty-eight homes 28 REC Simpson St. from Nebraska Ave. to Hoyt Ave. Twenty-seven homes 27 REC Pascal St. from Nebraska Ave. to Hoyt Ave. Twenty-eight homes 28 REC Hoiton St. from Nebraska Ave. to Hoyt Ave. Twenty-eight homes 28 REC Sheldon St. from Nebraska Ave. to Hoyt Ave. Sixteen homes plus Como Lutheran Church 18 REC In 2005 the church used 127,160 gallons of water. This amounts to 127,160 �al = 2 REC 8Q000 gaUREC Total: 157 REC -20- o� ATTACHMENT "C" EXHIBIT D (CONTINUED) For Falcon HeiQhts: Part of the area of Falcon Heights' sanitary sewer system drainin� to the Hoyt Ave, sewer can be described as follows: It is the area bounded by a line beginning at the intersection of Snelling Ave. and Hoyt Ave., then north to the intersection of Snelling Ave. and Larpenteur Ave., then east to Arona Ave. then south to the alley between Larpenteur Ave. and California Ave. then east ' along the alley to Pascal St. then south on Pascal St. to the intersection of the alley beriveen Califomia Ave. and Idaho Ave. then west along the alley to the mid block point then south to the intersection of the alley between Idaho Ave. and Iowa Ave., then east along the alley to the midpoint of the alley between Pascal St. and Albert St. then south to the intersection of the alley beriveen Iowa Ave. and Hoyt Ave. then east to the commercial properties fronting Hamline Ave., then south to Hoyt Ave. This atea contains 134 homes or 134 REC The Hollywood Court development contains 18 homes or 18 REC During the past twelve months, 1550 W. Larpenteur used 2,724,216 gallons of water. This amounts to: 2.724,216 = 34 REC 80,000 gaUREC During the past twelve months, 1530 W. Larpenteur used 1,279,828 gallons of water. This amounts to: 1,279,828 = 16 REC 80,000 gaUREC During the past twelve months, 1667 N. Snelling Ave. used 2,303,840 gallons of water. This amounts to: 2.303,840 = 29 REC 80,000 gaVREC Therefore the total contribution of Falcon Heights sanitary flow to the Hoyt Ave. sewer is 231 REC. -21-