The URL can be used to link to this page

06-963Council File # �-9/, 3 Green Sheet # 3033069 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION SAINT PAUL, MINNESOTA Presented WHEREAS, the Metropolitan CouncIl Environmental Services (MCES) owns and operates the wastewater treatment and sanitary sewer interceptor systems for the Minneapolis-St. Paul, Minnesota region including interceptors 1-SP-214 and 1-SP-222;and �� WHEREAS, on January 22, 2003, MCES, in accordance with Mivuesota Statutes § 473.511, subd. 2, determiued that portions of 1-SP-2141ocated in St. Paul and 1-SP-222 interceptors are no longer necessary for MCES' Comprehensive Plan for the collecrion, ueatment and disposal of sewage in the metropolitan area; and WHEREAS, the Metropolitan Council, in accordance with Minnesota Statutes § 473.5111, subd. 3 declazed that the 1-SP-214 and 1-SP-222 Interceptors to be in good operating condirion as that term is defined by Minnesota Statutes § 473.5111 subject to performance by MCES of certain repairs to the interceptors; and WHEREAS, the Metropolitan Council further detemvned that upon completion of the repairs listed in subpazagraph 6(a) above, pursuant to Minnesota Statutes § 473.S1 ll(7)(b), MCES will transfer to St. Paul certain segments of the 1-SP-214 and 1-SP-222 Interceptors located in Saint Paul; and WAEREAS, MCES has completed repairs to the interceptors and has certified on September 13, 2006 the Interceptors aze in good operating condition pursuant to Minnesota Statutes § 473.511, subd. 6(b)(2); and WHEREAS, Public Works agrees that the 1-SP-214 and 1-SP-222 Interceptors are beneficial to St. Paui as part of St. Paul's sanitary sewer system and St. Paul should accept the transfer of the interceptors; and WHEREAS, MCES and Public Works have now reached agreement on the topics and issues related to the transfer ofthe interceptors. Now, therefore, be it RESOLVED, that St. Paul accept the transfer of ownership for portions of the 1-SP-214 located in St. Paul and 1-SP-222 interceptors and authorize city officials to execute the agreement. Adopted by Council: Date //f �j� ��l/l/� i Adoption Certified by Coi il Secretary BY� ' iSdr� Approve y Ma Date �0 " �. (� (� By: Requested by Department of: � +. � lIl / - _ ,' a„ `1,, y Form Appr by City Attorney� � � /�, BY� _ �f'1 / �S� �. �JC.L'�/ Form App�b ayo ', ubmi ' n to ouncil C/ ,/ By: CA� � Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet Green Sheet � o� -96� P�/1� — Public Works Contact Person & Phone: Nuke kCassan 2C�66249 Musf Be on Councl Aqen Doc. Type: RESOLUTION 25SEP-O6 � .4ssign (Date): Number For Routirtg Order ' E-DocumentRequired: Y DocumentContact MikeKassan Confact Phone: 266-6249 Total # of Signature Pages, (Ciip All Loca6ons for Signature) 0 1 z 3 4 5 Green Sheet NO: 3033069 DePartrnent �ubli Worl's I Acrnmtant � I'cWOrks I r " At�ro I c� A � _��. QyL nr•c(1HSce I Mawr's0ffice cii Co .....�......�y.,<o.�.,. ' _ _.__.__._ ___.___._ Approve the attached resolution accepting the reconveyance of two Ivietropolitan Conncil - Enviri inlerceptors and authorizing propex city officials to sign the ageement from MCES for the reconveyance. or Reject (R): Personal the Plannirg Commission 1. Has this p�soNfirm eeer waked under a corrtract forthis departmerRl qB Committee Yes No Citil S�rice Gommission 2. Has this persoNfirtn eeer been a city employee? Yes No 3. Does this persoNfirtn pessess a skill not nottnally possessed by any cu�reM city employee? Yes No Explain all yes answers on sepaate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, WbaQ When, Where, Why): The MCES has declazed that two of their sanitary sewer interceptors located in Saint Paul no longer meets tl�eir criteria as a regional interceptor because their flow is less Than 200,000 gallons per day. By state law, these interceptors must either be reeonveyed or abandoned. Since Saint Paul contributes significant flow to them, it is in best interest of Saint Paut tr� accept the ownerslup ffansfec of the interceptor sewer. Advantages IFApproved: Saint Paul will continue to use the sewers. �� `; � �d�� Disadvantayes HAparoved: ° None �4�� L• ��"�� Disadvantages If NotApproved: The MCES could abandon the sewers and Saint Paul would have to consh'uct new sewers to replace them. ��I��Q Totai Amount nf CostlRevenue Budgeted: �' Transaction: F ° �� Funding Source: Activity NUmber. $a��s`!'+� �P�% '�tl a ,`�,,. „ 3" a'; '+a' Financial lnformation: �'''�' = " ' � � � � �' � � (Esplain) . September 25, 2006 1:58 PM Page 1 }� : �r�5 � � I S on� �ffe w�rr6� �.�t�- 5, 6 ��e� A5 r-etrr�c•��" i s A-PPro u@ et . F�� vnsio6 i-SP-214 AND 1-SP-222INTERCEPTOR TRANSFER AGREEMENT THIS TRANSFER AGREEMENT ("Agreement"), effective on the date of execution by both of the parties, is made and entered into by the CTI'Y OF ST. PAiJL, a municipal corporarion ("St. PauP') and the METROPOLITAN COUNCII„ a public corporation and political subdivision of the State of Minnesota ("Met Council"), collectively referred to as the "Parties"). BACKGROUND RECITALS Pursuant to Minnesota Statutes §473.146 the Met Council has adopted a comprehensive plan for the collectaon, treatment and disposal of sewage in the Minneapolis-St. Paul metropolitan azea. 2. To implement its comprehensive plan for the collection, treatment and disposal of sewage, the Met Council owns and operates the wastewater treatrnent and collection facilities including the sanitary sewer interceptor systems for the Minneapolis-St. Paul, Minnesota region hereinafter referred to in this Agreement as the "Metropolitan Disposal System". For the purpose of this Agreement, the portion of 5t. Paul Interceptor 214 included in the term "St. Pau1214/222 Interceptors" is that portion of St. Paul Interceptor 214 described as follows: Beginning at Manhole SOA located approximately 450 feet east of Winthzop Street on Larpenteur Avenue extending westward to Ruth Street; then south on Ruth Street to Hoyt Avenue; then west on Hoyt Avenue to Manhole 31 located at White Bear Avenue. For the purpose of this Agreement, the St. Paul Interceptor 222 included in the term "3t. Paul 214/222 Interceptor" is described as follows: Starting with Manhole 21 located just south of the intersection of Larpenteur Avenue and Rice Street extending south on Rice Street to Manhole 15 at Montana Avenue; then east approximately 85 feet to Manhole 56; then south parallel to Rice Street to its connection with MCES Interceptor 8851 on Nebraska Avenue. 3. As part of the Metropolitan Disposal System, the Met Council owns and operates interceptor sewers and related ancillary facilities which for the purposes of this Agreement is identified as the "St. Pau1214/222 Interceptors", the locations of which are shown on Exhibit A attached hereto and made a part of this Agreement. 4. On 7anuary 22, 2003, Met Council, in accordance with Minnesota Statutes § 473.511, subd. 2, detemuned that the St. Pau1214/222 Interceptors are no longer necessary for Met Council's Comprehensive Plan for the collection, treatment and disposal of sewage in the metropolitan area. On October 27, 2004, in accordance with Minnesota Statutes §473.5111, subd. 3, Met Council further deternuned that the St. Paul 214(222 Interceptors continues to be of benefit to the St. Paul sanitary sewer system. �� Fina19/18/06 Met Council notified St. Paul in writing of the determination on November 1, 2004. 5. Further, on October 27, 2004, Met Council, in accordance with Minnesota Statutes § 473.5 ll 1, subd. 3 declared St. Paul 214/222 Interceptors to be in good operating condition as that term is defined by Minnesota Statutes § 473.5121 subject to performance by Met Council of the repairs specifically listed in Exhibit B attached hereto and made a part hereof. 6. On October 27, 2004, Met Council further deternuned that: a. Met Council will perform, at its own expense, the repairs specifically listed in Exhibit B attached hereto and made a part hereof; and b. Upon completion of the repairs listed in subpazagraph 6(a) above, pursuant to Minnesota Statutes § 473.5111(7)(b), Met Council will transfer to St. Paul, St. Paul 214/222 Interceptors in accordance with the terms and conditions of this Agreement. 7. As of the date of this Agreement, Met Council has completed of the repairs listed in Exhibit B attached hereto and has certified on September 13; 2006 the St_ Paul Interceptors 214/222 to be in good operating condition pursuant to Minnesota Statntes § 473.511, subd. 6(b)(2). 8. St. Paul recognizes and agrees with the deternunations made by Met Council as stated above in the Recitals. 9. The Parties have now reached agreement on the topics and issues related to the transfer of the St. Pau1214/222 Interceptors and hereby set forth their agreement pursuant to their power and authority under Minnesota StatuTes § 473.501, et. Seq., § 473.5111, § 473,59, [ST. Paul] and other applicable statutes. Further, the parties specifically acknowledge and agree that it is their intent by this Agreement that Met Council, pursuant to its certification of good operating condirion of St. Pau1214/222 Interceptors specifically listed in this Agreement, will transfer to St. Paul and St. Paul will accept ownership and all responsibility and liability for maintenance and operation of St. Paul 214/222 Interceptors. NOW, THEREFORE, for mutual consideration, the sufficiency of which has been agreed to by the Parties, St. Paul and Met Council agree as follows: I. Purpose of Agreement The purpose of this Agreement is to set forth the terms and conditions with respect to the transfer of the St. Pau1214/222 InTercepYors from Met Council to St. Paul. For purposes of this Agreement, the St. Pau1214/222 Interceptors are the collecrion of interceptors shown on Exhibit A attached hereto and made a part hereo£ For the purpose of this Agreement, the —2-- o� �� Fina19/18/06 portion of St. Paul Interceptor 214 included in the term "St. Pau1214/222 Interceptors" is that portion of St. Paul Interceptor 214 described as follows: Beginning at Manhole SOA located approximately 450 feet east of Winthrop Street on Larpenteur Avenue extending westwazd to Ruth Street; then south on Ruth Street to Hoyt Avenue; then west on Hoyt Avenue to Manhole 311ocated at White Bear Avenue. For the purpose of this Agreement, the St. Paul Interceptor 222 included in the term "St. Paul 214/222 Interceptor" is described as follows: Starting with Manhole 21 located just south of the intersection of Larpenteur Avenue and Rice Street south on Rice Street to Manhole 15 at Montana Avenue; then east approximately 85 feet to Manhole 56; then south paraliel to Rice Street to its connection with MCES Interceptor 8851 on Nebraska Avenue. 2. The Parties agree that the purpose of this Agreement is to serve as the agreement governing transfer pursuant to Minnesota Statutes § 473.5111, subd. 7(b). Met Council will transfer the St. Pau1214/222 Interceptors in accordance with the terms of this Agreement. 4. St. Paul agrees that the St. Pau1214/222 Interceptors are beneficial to St. Paul as a local St. Paul sanitary sewer system and St. Paul will accept the transfer of the St. Pau1214/222 Interceptors in accordance with the terms of this Agreement. Met Council has deternuned and St. Paul agrees that the St. Pau1214/222 Interceptors are in good operating condition as that term is defined in Minnesota Statutes § 473.5111, subd. 1(a) "Good Operating Condition") subject to certain repairs to be performed by Met Council at Met Council's expense which repairs are listed in Exhibit B("Repairs) attached hereto and made a part hereof. The Repairs have been performed by Met Council and on September 13, 2006, Met Council certified that St. Pau1214/222 Interceptors are in Good Operating Condition. St. Paul hereby waives any right provided by Minnesota Statutes § 473.5111 or any other applicable statute to contest or request a hearing on Met Council's determination that the St. Pau1214/222 Interceptors are in Good Operating Condition. II. General Conditions 1. Met Council and St. Paul agree that the St. Paul 214(222 Interceptors aze compietely within St. Paul public right of way and therefore Met Council shall have no obligation to obtain or transfer to St. Paul any property right or rights, easements, or right of way for the St. Paul 214/222 Interceptors or any portion thereof. -- 3 -- Fina19/18/06 2. Met Council and St. Paul a�ee that Met Council makes no representation or warranty with respect to suitability of the St. Pau1214/222 Interceptors for any purpose other than for cazrying wastewater. 3. Nothing in this Agreement shall be construed to modify or limit any statutory authority or legal obligations or responsibilities of Met Council. Specifically, and without limitation, nothing in this Agreement shall be deemed to modify or limit Met Council's review authority over the St. PauI's pIans under Minnesota Statutes §§ 103D.401, 103D.405, or 473.165, or other applicable law. III. Transfer of St. Pau1214/222 Interceptors 1. Met Council has, at its own expense, performed the Repairs specifically listed in Eachibit B attached hereto and made a part hereof. The work was inspected by St. Paul's project manager in accordance with an inspection schedule arranged by the project managers of Met Council and St. Paul. 2. The Repairs have been completed and Met Council has certified, pursuant to Minnesota Statutes § 473.Sll l, subd. 6(b)(2) that St. Pau1214/222 Interceptors are in Good Operating Condition. 3. St. Paul agrees that the Repairs have been completed and that the St. Pau1214l222 Interceptors are in Good Operating Condition. Further, St. Paul waives any right provided by Minnesota Statutes § 473.5111 or any other applicable statute to contest or request a hearing on Met Council's certification that St. Pau1214/222 Interceptors are in Good Operating Condition. 4. Immediately upon execurion of this Agreement by both parties Met Council shall transfer to St. Paul, at no cost to St. Paul, and St. Paul shall accept the transfer of Met CounciPs interest in the St. Pau1214/222 Interceptors. Met Council shall transfer and St. Paul shall accept by such transfer in "as is" condition by means of a Bill of Sale for Met Council's interest in the pipes and associated facilities consfituting the St. Pau1214/222 Interceptors. 5. Subsequent to transfer of the St. Paui 214l222 Interceptors to St. Paul, St. Paul shall have full and sole liability and responsibility for operation and maintenance of the SI. Paul 214/222 Interceptors. �� D(� - 9C� 3 Fina19l18/06 IV. Warranty 1. Provided that St. Paul has performed routine maintenance in accordance with industry standards on the St. Paui 214/222 Interceptors, Met Council agrees, pursuant to Minnesota Statutes § 473.5111 that it will reimburse St. Paul for Met CounciP s share as provided in this Agreement, in the actual, reasonable and verifiable cost of uninsured and unwarranted emergency repairs for the St. Paul 214/222 Interceptors for a period of ten (10) years starting on the date Met Counci] has certified the St. Pau1214/222 Interceptors to be in Good Operating Condition pursuant to Minnesota Statutes § 473.5111, subd. 6(2) and Section III of this Agreement and ending ten (10) years from such date. Met Council will transfer to St. Paul any warranties or guarantees Met Council has received from its contractors and subcontractors for such Repairs. For the purposes of this Agreement, emergency repairs are only such repairs needed to fix any imminent and bona fide threat to the pipe's structural integrity of The St. Pau1214{222 Interceptors within the ten year period stated above in this Section IV. Specifically, repairs due to outside sources, including but not limited to, acts of God, terrorism, use of facilities for other than wastewater purposes, misuse of facilities and vandalism are not considered to be due to structural condition of the pipe and are the responsibility of St. Paul. 2. Met CounciPs obligation to reimburse the St. Paul for its share in the cost of emergency repairs for the St. Pau1214/222 Interceptors is subject to the following conditions: a. St. Paul has provided written notice as soon as practicable to Met Council that an imminent and bona fide threat to the structural integrity of the St. Pau1214/222 Interceptors has occurred, the date on which the threat first occurred, and the nature and cause of imminent and bona fide threat; and b. If there is a disagreement that the condition reported by St. Paul constitutes an imminent and bona fide threat to St. Paul 214/222 Interceptors an independent third party will be contracted to make the deternunation of the cause. c. The deternuning date for eligibility of the emergency repair costs to be shared by Met Council under the terms of this Agreement is the date on which the incident causing the bona fide and imminent threat was noticed to Met Council as provided in subpazagraph 2(a) above in this Section N; and d. St. Paul has submitted to Met Council written plans for the emergency repair to the St. Paul 214/222 Interceptors and Met Councii has reviewed such plans and detezmined that the plans are reasonable and necessary for the emergency repair; and e. St. Paul provides to Met Council maintenance records that demonstrate the routine maintenance of the facilities to be repaired; and -- 5 -- Fina19/18/06 3. � £ Any portion of the facilities for which St. Paul has done a material rehabilitation or repairs previously covered under this Section IV of this Agreement are not eligible for repair under trris Section N of this Agreement. Met CounciPs share of the actual, reasonable and verifiable emergency repair costs will be determined in accordance with the following equation: Number of days remaining in the 10- year period starting with the date on which St. Paul provided written notice to Met Council of the threat Total Days in 10-year period Percentage of = Met CounciPs share of emergency repair costs Met Council will make the reimbursement for emergency repairs in accordance with the following procedure: Met Council will reimburse St. Paul within 45 days of submittal tq Met Council of an invoice from St. Paul specificaily listing the reimbursable costs listed in this Section IV of this Agreement, written evidence of payment to coniractors and subcontractors by St. Paul including written receipts of such payments from contractors and subcontractors, and certificaUon from St. Paul that the work for which it is requesting reimbursement has been completed to the satisfaction of St. Paul and St. Paul has accepted such work in accordance with the terms of its contract with its contractor. In the event any items of an invoice are contested, the uncontested portion of the invoice shall be paid in accordance with the norma145-day period and the contested items shall be paid within 45 days of resolution of the matter. Upon completion of the emergency repairs, St. Paul will submit a Final Estimate for the emergency repairs, a final invoice for any remaining eligible reimbursable costs, together with certification from St. Paul that the emergency repairs have been completed in accordance with the construction documents and accepted by St. Paul and certification from St. Paul that all contractors and subcontractors have been paid. St. Paul agrees that Met Council may use general obligation bond funds to reimburse St. Paul for any eligible costs under this Section N of this Agreement, and St. Paul agrees to consult with Met Council in advance of spending such funds and to comply wiTh any requirements of Met Council for use of bond funds. V. General Provisions Applicable provisions of Minnesota of federal law and of any applicable local ordinances retating to civil rights and discrimination and the AfFrmative Acrion Policy statements of � d �f'' ��P � F5na19/18/06 St. Paul and Met Council shall be considered a part of this Agreement as though fuliy set forth herein. Specifically, St. Paul agrees to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, �rmative action, public purchases, contracting, employment, including workers' compensation and surety deposits reyuired for construction contracts. St. Paul agcees to request payment of state labor wage information from its contractor and provide such information to Met Council. 2. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Ali items refened to in this Agreement aze incoiporated or attached and deemed to be part of this Agreement. 3. All employees of St. Paul and all other persons engaged by St. Paui in the performance of any work or services required or provided for herein to be performed by St. Paul shall not be considered employees of Met Council, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the state of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act ar omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of Met Council. It is further agreed that any and all employees of Met Council and all other persons engaged by Met Council in the performance of any work or services required or provided herein to be performed by Met Council shall not be considered employees of St. Paul, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law of behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission of the part of said employees while so engaged , on any work or services provided to be rendered herein, shall in no way be the obligation or responsibility of St. Paul. 4. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of Yhis Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 5. Ali records kept by Met Council and St. Paul with respect to this Agreement shall be subject to examination by the representatives of each party hereto and the State Auditor, and its representatives. All data collected, created, received, maintained or disseminated for any purpose by the activilies of St. Paul and Met Council pursuant to this Agreement shall be govemed by Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. -- 7 -- Fina19/18/06 6. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Any notice or demand, which may or must be given or made by a party hereto, under the terms of tlris Agreement or any statute or ordinance, shall be in wriring and shall be sent certified mail or delivered in person to the other party addressed as follows: Metropolitan Councii Environmental Services c/o William Moore, General Manager, Wastewater Services 390 North Robert Street St. Pau1, MN 55101-1805 Bruce Elder, Sewer Utility Manager St. Paul Pub]ic Works 700 City Hall Annex 25 West Fourth Street. St. Paul, MN 55102-1660 8. This Contract is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. 9. If a dispute should arise between Met Council and St. Paul with respect to this Agreement or any of its provisions, Met Council and St. Paul agee to attempt to resolve such dispute through the use of a mediator mutually acceptable to Met Counci] and St. Paul prior to initiation of any legal action on the part of Met Council or St. Paul with respect to this Agreement, any of its provisions and/or its enforcement. The costs of such mediaUon shatl be shared equally by the parties. Met Counci]'s project manager is: William Moeller, Assistant General Manager Metropolitan Council Environmental Services Regional Maintenance Facility 3565 Kennebec Drive Eagan, MN 55122 St. Paul's project manager is: Bruce Elder, Sewer Urility Manager St. Paul Public Works 700 City Hall Annex 25 West Fourth Street. St. Paul, NIN 55102-1660 �� Ol�� I(�3 Fina19/18/06 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. PAUL Approved as to form: By: St. Paul Assistant City Attorney Mayor � Public Works Director : Office of Financial Services Director METROPOLITAN COUNCIL Approved as to form: Office of General Counsel EXHIBIT LIST E�►ibit A— Map Showing Location of the St. Pau1214/222 Interceptors E�ibit B— Repairs Made by Met Council �.� Fina19/18/06 E�ibit A Map Showing L,ocation of the St. Pau1214 Interceptor Figure 1 �(� Final 9/18/06 Exhibit A Map Showing L.ocation of the St. Pau1222 Interceptor Figure 2 .. E�ibit B Repairs Made by Met Council Figure 3 St Paul Interceptors rehabilitation, MCFS Project Number 802920, Maintenance Hole #55 Adjustments EA Interceptor 1-SP-222 Pipe Joint testing EA 459 Pipe Joint gnuting EA 160 Interceptor 1-SP-214 Fina19/18/06