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95-538ORIG,�IAL Council File # % ��J' ON Green Sheet # F�cl'I�fT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 2 3 4 5 6 7 8 9 10 11 � 13 VVAERFAS, the City of Saint Paul maintains interceptor sewers within Saint Paul for Metropolitan Council Wastewater Services (MCWS); and WHEREAS, the City and MCWS have annually entered into an agreement to perform this maintenance since 1984; Now Therefore be it Rr..SOLVED, that the Council of the City of Saint Paul does hereby approve the renewal of the agreement between the City and the MCWS whereby the City agrees to maintain interceptor sewers and appurtenances as described in said agreement for the term of January 1, 1995 through December 31, 1995, and the City further agrees to the terms of said agreement to indemnify and hold harmless the said MCWS for any claims or injuries caused by the City's performance under said agreement, and to execute the said agreement on behalf of the City of Saint Paul. Requested by Department of: Adoption Certi£ied o� � C O f Date �-nt��,_ Y„ t�C�� _��k >` "��_ by Council B retary By: �� �-����� Approved By Mayo : Date �'�- By: (�1/U By :`/<� ' �i�Y.,�¢-r,o� /� Adopted by Council: cuiiu e�Y,�iu �u liy �,ity � L�iiiey i By: Approv d p�y Ma or for Submission to Council Public Works Bmce Beese, 266-6p63 OFSIGNATUREPAGES �' ai3i9s����� GREEN SHEET INITIAUDATE — EPARTMENTDIRECTOR �� nss�cH arr nttoan�r .NUMBERFOR ROU7ING �BUDGETDIRECTOR �= ❑g MAYOR(OR/SSISTANn (CLIP ALL LOCAilONS FOR SIGNATURE) Qi SENIOR 9 N o 3 25937 ❑7 CIiYCOUNCIL _ � cinaEaK �g FIN 8 b1GT. SERVICES DIR. ❑O �N�6eese.600C'rtyHallA�r � w� DEPARiMEM ACCO(ly Approve interceptor sewer maintenance agreement between the City of Saint Paul and the Metropolitan Council Wastewater Services for the period Januazy 1, 1995 through December 31,1995. RECOMMENDATIONS:Apprwa (A) w Rajec[ (R� _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION CI8 COMMITTEE A STAFF _ DlSifiICTCAUNCII _ _ SUPPOFTS WHICHCOUNCILOBJECTIVE? PERSONAL SERVICE CONTRACiS MUST ANSWER THE FOLLOWING QUESTIONS: t. Has this persorvfirtn ever worked under a conttaa for this deparonent? YES NO 2. Has fiis persoNfirtn ever been a dry employee? YES NO 3. Does [his person/firm possess a skill w[ �ormally possessed by any current ciry employee? VES NO Ezplain atl yes arewers rn sepaate sheat and attach to green sheat INITIATING PROBLEM, ISSUE. OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHV): The Metropolitan Council Wastewater Services (MCWS) owns interceptor sewers within the City of Saint Paul upon which the City of Saint Paul performs repair and maintenance. The City and the MCWS have annually entered into an agreement for these services since 1984. :��;�M�.�" hIAY 05 1995 ADVANTAGES IF APPROVED: ;�+P � ��+ � ��%"'°G''s The City will be paid for services performed, and the MCWS will not have to employ additional personnel to maintain these sewers. DISADVANTAGES iF APPROVED: None. DISADVANTAGES IF NOT APPROVED: The MCWS will have to find another method of maintaining these sewers. �3Ydai6m;� O�fiae.'r��.ies:� �d6ai�a�tl�"p tt+<�� � � f�� s _.__ _ � .�,� � ', �r APR 2 0 1995 * Finance and Management Services - Please retain one signed original and please send the other two signed originals to Bruce Beese, 600 City Hall Annex. I will forward these two copies to Metropolitan Council Wastewater Services for their files. AMOUMOFTFiANSACTION$ 45000 COST/REVENUEBUDGETED(CIRCLEONE) YES FUNDING SOURCE FINANCIAL INFORMATION: (EXPLAIN) ACTIVITY NUMBER ✓ tix ! -� (� � ' � . �-� CONTRACT N0. 124 iPiTcRC�PTOR ;'�.INTE\FC;C� AGRE�MENT `�$` ,53�' The Agreement, made znd en:ered into by and betw°_n the Netropo7itan Sdaste Con*rol Commission (hereina`ter czlled the Commission%, and the City of St. Paul (hereinarier called the Mur�icipality); WITNcSS THA-: In tne joini and mutual er.ercise of their powers znd in con- sideration er the mutual covenants herein coniained, the parties hereto recite and agree as rollowg: Section 1. Recitals. The Commission is ihe owner of the interceptors and appurtenances located in the Municipzlity as described in the list attacned har�- to and marked Exhioit A. ine Commission intends to operate and maintain sucn interceptors and appurtenances as part oi the Metropolitan Disposal System; how- ev�r, th2 Commission has determined that such oeneral maintenancz can best be provided by contracting with the Municipality to per�orm this service on behalf o� the Commission as an indeperdent contractor, pursuan* to Minnesota Statutes, Section �73.504, Subdivision 12. Section 2. hiunicipality's Undertakinq. During the period from January 1, 1983 through L'ecember 31,' 1983, the Municipality, as an independent contractor, wiil perfcrm ozneral maintenance on ail of the interceptors and appurtenances describ2d ir� Exhibit F�. Sec�ion 3. Performance oT Undertakinc on such in�erczptors, the Municipality shall� a, b c in perr'orming general mainterance Comoly with the apolicable pro�iisions or" relating to the operation of the Metropolitan Disposal System adopted by the Commissien. Maintain the in�erceazors and appurterances in clean and in 000d opera- ting condition �or the c�nveya�ce o� s2waae or storm water discharged into them. Per�orm preventive maintenance services as may be required to pre- serve the interc=ptors e�d apourtenances ar,d maintain their r"ull capa- city and condition, including but not limited to `iushina, scraping, disci�g, roddino, and inspection or the system; and perform such ather work on the in�erceptors as is mutuzlly aoreeable and wnich is reason- able and normal. d. Provide all labor, materials, supplies, tools, and equipment necessary for the perTOrmance or" all work reauired by or under this Agreement. e. Provide all supervisory personnel necessary for tne supervision of the above work. Sucn supervisory personr.el shall be the subject t� the direction or the Commission in the performance of their responsibili- ties under this �greement. The Commission shall per�orm all ma4ntenance required `or the instrumenta- tion portion or' sewage flow meters, including chart attendance. The work per- formed and the materials Turnished und�r this Aareement shall comply with all sta*_e laws and the lawrul rules, regulations and orders or" any state agency rea- ulating such matters. The Municipality shall not be reouired to do any work under this Aoreemeni which constitutes exiraordinary maintenanc2, betterment, construction, or reconstruction oT the intercep�ors. ?n the.event that such work is necessary, the Municipality and the Commission snall enier into a sepa- rate aareemen� there`ore speci�ying the work to•be per�ormed and the d�vision oT cost �cr such work, except in �he event or" an emergency, the Municipality may proceed wich repairs as necessary with aoorooriate noti�icat;or to be given �o ihe Commission within 24 hours o� sucn emergency. Noci�ication shall be to the Chief Administrator or his desianated represeni�t�ve. Section 4. Municioalitv tndeaendent Contractor_ The parties agree the Municipality is an independent contrac�or and that a11 persons per�orming ser- vices under this Agreement are emoloyees of the Municioality or its contractors or agents, and are not employed 6y or emoloyees o� th� Commission �or any pur- pose; provided, however, that this orovision sha11 not apply to persons on the regutar payroll of the Corunissio��, or to persons other than the Municipalitf �'� s3 � contracting directly with the Commission The Municipality, with the approvai o� the Corr�nission, may enter into a contract wi'th a third person whereby such person per�orms on benal� of the Municipali�y and under the direction of iis supervisory personnel, a part or ihe work reouired by or un�2r this Agreement. F11 conLracts and agreements made by the Municipality with third persons for th2 performance of any work required by this Aareement snall be subject to the terms of this Agreement, and a provision stating this shall be inserted in all such contracts. Section 5. Municipalitv's Responsibilitv; Indemnir"ication. The parties agree that the Commission shall not be responsible or liable in any manner r"or any claim, demand, action or cause of action of any kind arising out of the Municipality's neglect, performance, or failure to perform the work required by this Agreement and within the scope of this Aareement, or arising out or the neglect, perrormance or failure to per`orm such work by any contractor of the Municipality perr"ormina any oT the work provided herein; and the Municipality agrees to indemnir"y the Commission, its orficers, and employees and to save and keep them harmless from z11 losses and expenses incurred as a. result or" any claim, deed, action or cause o� action arising out of the negliaence or aileg- ed negliaence or' the Municioality or any such co�tractor. Szc�ion 6. °aymer�t �or Work; Accountina. 6.01 Pavment or" Costs. The Commission agrees to pay to the Municipality an amount equal to ihe cost of all labor ard or suoolying all maieriais, sup- plies, tools and eouipment, �easonably necessary for the performance or work required by this Aareemeni. and be computed as foliows: The parties aoree tha� such costs shall comprise a. Lahor The cost or the labor `or empioyees or" the Municipality shall be Lhe sume of: (i) Tfie established hourly wage rate or rates of the persons performing the work multiplied by the number of hours worked; and (ii) Actual overnea� (Noted as a percertage of (i)) which sna11 represeat indirect labor and overnead costs and shall be subject to b. Materials and Suaolt�s. Tne cost o� naterials and supplies furnished to tnz municipa7ity. c. Tools and Eauioment Tfie cosi or tools and equipment Turnished by by the Commission audit by the Commission. by the Municipality, which s�all nat be more than their delivered cost the MunTCipality shall be computed in accordance with a standard nourly rental rzte scnedule to be submitted by the Municipality and approved Charges shal7 be assessed only r`or hours of actual use. � Contract Costs Th2 amount required to be paid under contracts approv- ed by the Commission to contractors of the Municipality r'or performance of work required by this Agreement, plus direc* costs incurred by the Municip�lity in administering such contracts, which shall be agreed on when any such contraci is approved. 6.02. Cost Estimaies Month7y Payments. The parties estimate that the total amount af costs which the Commission wi7] be required to pay. �o the Municipality for oerformance of this Agreement in 1983 will be 522;000.00. The Commission agrees to pay to the Municipa7ity on or berore •the last day or' each month in 1483, the sum or" 51,833.33 as an advance payment of sucn casts. On or before R�ri1 1, 19&4, the Municipality will submit to the Commission a detailed statz- ment of the actual costs incurred by the Municipality wnic� the Commission is reauired to pay in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of such actual costs. If the total or the month]y advances previously paid by the Commission is less than the actual amount of sucn costs, the Commission shzll pay to the Municipality on or be�ore May 1, 1°85, an amount equal to the dif�erence between the actuzl costs and the mo�thly advances previousl_v paid_ The Municipality shall keep detailed records support�ng a71 costs oT the types speciTied in Section 6.01 wh�cn it 9S- s3�' exoects the Commission to pay, and shall make the same avail�ble to the Commis- sion on reGuest. Section 7. ?nspection or' U!or�. The in�erceptors and appurtenances may be inspected by the Comrnission to det�rmine whe:her the work required to be perrorm- ed under this Aareement is being oerTOrmed sa�is�actor�ly. I� it is determined that �he Municipality or any o` its contrzctors is not performing the �NOrk satis- factorily, ttien the Commission may do and perTOrm 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 reouired for the com- pletion o* such work; however, that the per`ormance o� such 4�ork and the reten- tion of monies by the Commission pursuant to this section shall not e�fect the Commission's rioht to commence an action against the Municipality for br2ach o` this Agreement or its right under Section 5. IN WITN=SS WH'cREOF, the parties hereto have executed this Aoreement this 21st day or March, 193<. FOR THE CIiY oq�i FOR � METROPOL?iAN WASTE CONTROL COMMISSiOP; � � �-�-� n,��-- . 'Z � 6ecrae N./Fris h, Cha;rman TiTLE Director-Finance znc Manaaeme_^.L Services I�jA7C' �2.� � Dated APPR(�'VED AS TO rORN?: � f.-L. ///�/�/I�CLn( �G ' L. J. Sreimn:�rSt,'�e'puty Ch�er Adm�n u trator ��/ �/��/%/ ,-? % � � . �JdL°� , ..` �ssis,i'ant Ci�cy �t�arney j � ll C (�l�r.�'�� c� �� ; ����c,cG� Director of Pub1�cJ4�brks ST,^,TEMEh' � OF AGr2E�i iEPlT :2E\TEIdAL ?P�TcRC�PTOR t?,��,I�1TE\ANCc AGREcMENT i:0. 124 The Melropo7itan Vdaste Controi Commiss�on and the City of St. Paul agree to renev� the In�erceptor Maintenance .4greement No. 12� which is currently in forc� between these oarties. The terms of 'the 2greement for the renewal period shall be the same as those contained in the Foreement which was executed for the .lanuary l, 1983 to December 31, 1983 period with the exception of Section 6.�2 :rh:ch is �o be chanaed to read as r"ol too-�s: °Sec�ion 6.02 Cost �stima�es• t4onthly Payments . The parti2s estimate that the toLal amourt or` costs wn�ch the Comm�ssi^n will be required to pay to the Municipality for perr'ormance of this Agreement in 1984 will be �23,]00.00. The Commission agrees to pay to the Municipality on or 6er"ore.the last day or each month in 1984, the sum or" 51,925.00 as an advance payment o� such costs. On or before April 1, 1985, the Munici- pality will suomit to the Commission a detailed statement of the actuzl cos�s incurred by the Municipality which the Commission is reGuired to pay in accordance with Section 6.01, and wi11 �emit to the Commission any amouni paid to the Municipality which is in excess of such actual costs. Ir" the total of the monthly advznces previously paid by the board is less than the actual amount of such costs, the Commission shall pay to �he Municipaliiy on or before Piay 1, 19E5, an amount eGual to the di��erence beioreen the actual costs and the monihly advances previously paid. The Municioality shail keep detailed records supporcir.a a11 costs o� �he types speci�ied in Section 6.01 whicn it exoects the Commission �o eay, and shail make �ne same avziiaole to ihe Commission on reques�. Tne renewa� oer'ed i, i98� - December terms is evidenced FOP, �-"c C:TY OF S� for in�ercep�cr 3i, i4&4. That by �he sian��ure ?AUL Director-F�nance & ??anacemen� Services z�u�e �z i��� uated ?�0 �'D FS TO £O � s_s L ,nL C� �4' Au � ��' �r ! �e�cor o*_" Publ� Mairter�ance Aareement No. 12"-. Shd�� D2 lanuary both part;es agree to the renewal period and a��ixed to this s�a�emeni. � FOP, THE MEiROPOLiTF.P� WASTE CONTROL COh1MISSION � � �, � _ ��?�,r'� 6eorg2 y,! Fri'scn, Chairman � ^ : \ ��--, �//�Z.��� �GljL� L. �. Breimnu; "s�, epury Ch�er P.amims�rator ��i' !' ���'� �',�, � % �I "7 Datedf � �_- �� 9s-s3 8' � Metropolitan Council Working for the Region, Pianning for the Flitwe wQStCU.fQtCi' S@TUIC6S March 22, 1995 Mr. Bruce Beese City of St. Paul 600 City xall Annex 25 Weat 4th Street St. Paul, MN 55117 RE: CITY OF ST. PAUL WNTRACT �124 AGREII++fENNT FOR 1995 Dear Mr. Beese: We wish to renew for another year Znterceptor Maintenance Agreement Number 124 under the same general terms and conditions contained in the Agreement now in force between the City of St. Paul and the Metropolitan Council - Wastewater Services (formerly Metropolitan Waste Control Commission) with the exception of Section 6.02 Cost Estimatea Monthlv Pavments. We would like to amend this section to read: "6.02. Cost Estimates Monthlv Pavments." The parties eatimate that the total amount of costs which Wastewater Services will be required to pay to the Municipality for performance of this Agreement in 1995 will be $35,000. Wastewater Services agrees to pay to the Municipality on or before the last day of each month in 1995, the sum of $2,916.67 as an advance payment of such costs. On or before April 1, 1996, the Municipality will submit to Wastewater Services a detailed statement of the actual costs incurred by the Municipality which Wastewater Services is required to pay in accordance with Section 6.01, and will remit to Wastewater Services any amount paid to the Municipality which is in excess of auch actual coats. If the total of the monthly advances previously paid by Wastewater Services is less than the actual amount of such costa, Wastewater Services ahall pay to the Municipality on or before May 1, 1996, an amount equal to the difference between the actual coeta and the monthly advances previously paid. She Municipality shall keep detailed records supporting all costs of the typea apecified in Section 6.01, which it expects Wastewater Services to pay, and shall make the same available to Wastewater Services on request. The renewal Agreement is enclosed in triplicate for endorsement. We have signed the enclosed statement as our intention of renewing the Agreement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changea to the basic Aqreement, please feel free to contact us. EncLosures cc: LaRae Bohn Will Haapala E Bi ' ll MoelLer 230 EastrY �i Stre�Y aul, Minnesota 55101-1634 [612) 222-8423 Faac 229-2183 TDD/1'lY 229-3760 JS:LRB:kme A:\INTCPSTP.LRB � Metropolitan Council 9S-S38' Working for the Regioa, Planning for the Future Wastewater Services STATENIENT OF AGREEMENT RENEWAL INTERCEPTOR MAINTENANCE AGREEMENT NO. 124 The Metropolitan Coun�il - Wastewater Services and the City of St. Paul agree to renew the interceptor Maiatenance Agreement No. 124, which is currently in force between these parties. The terms of the Agreement for the renewal period ahall be the same as those contained in the Agreement, which was executed for the January 1994 through December 31, 1994 period with the exception of Section 6.02: "6.02. Cost Estimates Monthlv Pavments.^ The parties estimate that the total amount of costs which Wastewater Services will be required to pay to the Municipality for performance of the Agreement in 1995 will be $35,000. Wastewater Services agrees to pay to the Municipality on or before the last day of each month in 1995, the aum of $2,916.67 ae an advance payment of such coats. On or before April 1, 1996, the Municipality will submit to Wastewater Services a detailed statement of the actual costs incurred by the Municipality which Wastewater Servicea is required to pay in accordance with Section 6.01, and will remit to Wastewater Services any amount paid to the Municipality which is in excess of such actua2 coats. Zf the tota2 of the month2y advances previous2y paid by Wastewater Services is less than the actual amount of such costs, Wastewater Services ahall pay to the Municipality on or before May 1, 1996, an amount equal to the difference between the actual coste 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 Wastewater Services to pay, and shall make the same available to Wastewater Services on request. The renewal period of Interceptar Mainteaaace Agreement No. 124 shall be from January 1, 1995 through December 31, 1995. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. CITIC OF ST. PAUL � . : - a,, l �� � � i��� ( ame & itle) Mayor (Name & Title)Director - Finance & Mgmt. Services - WASTEWATER SERVICES an�pproved: �-""�-+ Helen Boyer General Manager Wastewater Services (Date Signed) �PPROV AS TO FORM• } '�ssi it Ci'�� to ey �ector of Pu i W r A:\N 24.LR6 �� q , \ V 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612J 222-8423 Faac 229-2183 TDD/1TY 2293760