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97-427Council File # � �� Green Sheet # 32159 (°�( 1"" R P'-° r- f �"} t �S ! �"'' • s �. . ClTY OF MlNNESOTA 0 Presented By Referred To Committee: Date 1 WHEREAS, the Ramsey-WasRhx�Een�IGtetro Watershed District is the owner of the Beldine Storm Sewer 2 interceptor, and 3 4 WHEREAS, the Watershed District has jurisdiction over and responsibi{ity for stortnwater and surface water 5 management for the land which 6enefits from continued availabiGty of the BelUine Storrn Sewer Interceptor for 6 use as a sub-regionaf stomiwater and surface water management toof, and 7 8 WNEREAS, the Mississippi Outiet Branch, whlch is owned by the City of Saint Paul, provides the outtet 9 to the Mississippi River for the Beltline Stortn Sewer lnterceptor, and 10 11 WHEREAS, the City of Saint Paul wants to convey the Mississippi Outlet Branch to the Watershed 12 District, and 13 i4 WHEREAS, the Watershed District has detemuned that the generai maintenance of the BelUine interceptor, 15 including the Mississippi Outfet Branch, can best be provided by contracting with the City of Saint Paul 16 acting as an independent contractor to perform this service on behalf of the Watershed District, now, 17 therefore be it, 1$ 19 RESOIVED, bv tfie Gity of Saint Paui that the City enter into the attached Conveyance and Maintenance 20 Rgreements wiih the Ramsey-Washington Metro Watershed District, and be it, 21 22 FURTHER RESOLVED, by the City of Saint Paul that the City convey the easement rights to the 23 Mississippi Outlet Branch, and be it, 24 25 fiNALLY RESOLVED, by the Gity ihat the Mayor, Director o# the Office of Technoiogy and Assistant 26 City Attorney be authorized io execute the attached Agreements on behalf of the Ciiy. 27 28 29 30 31 32 Requested by Department of: Adopted by Council: Public Works gY; fir2�i.L l Date � ��3 `°l�� Form Approved by City Attorney � Adoption Certified by Council Secretary �: � ��.,.��,.�.� Approved by Mayor: D e �t�` � gI' �i� gl• 5 7 � Approve� r f r Submis on to Council By: � ., i ;� '� Pubh'c Wo �� 3d27197� GREEN SHEET `1 � ri'o �2149 uan�uo�re wmwa�� carr�craEASanaPra� ��wn�orrar�croA cmcax�a� tlnneWeber266-6245 ,,�et �am�srow�r [�qnc�ac MUSTBEONCWNpLAi?ENWBYIUATq ltOU7Yif! 9WGErpflECiOR �FltihYOi.sEFlViCESp0. aHOBI �ANYOR(IXiASSisTMIS) �� miatoFawruNr�P�s 1 ��au�ua.wcxr�sropaw�rw+E/ L �ssocure ' y oerr..�uHr � � r�a�s�n p�ove conveyance of the Ivxssissippi Outlet Branch including easement rights and ap�ove the maintenance agreement for U� Belt]ine Storm Sewer Interceptor inciuding flie Mississippi OaUet Branch. Copies of the onveyance Agreement, Conveyance of Easement Rights and tl� Maintenance Agreement aze attached for reference. fiECpYEtiM'11pIS: AcP�a+ W a P�jec� P�! PEASONAL SERYlf� CONTRACTS MUST ANSWER THE WLIOWING �UESTIONS: _ p�wp �py4yggpN _CML SERNCE CoA/wSSIaN 1. Has tllla � � woA�O undaf a mntraCl ior di§ d9P�ef1Y7 _GB COwMTTEE _ 2. Hes ih� o�rvfhn� oeen a my emp�oYee't . YE& ._A_ sr�FV — einppy�eei9his aB�M1irtn P�s�s a saf na mm�a1N possessed +ry am arrem tliv __OISTRICTCOUNqI _ YES NO suveonrs wwcH courxa� oadECme� E�IaM w yae mwws on aeparate ahaatana aaach w yreen sneat INITIATIN6 PROBLEM, �9&UE, OPPOfl71A�N7Y (NMO, WHAT, WHEN, WFIERE, WHYl: The Meuopolitan Council has conveyed tl� Beltline Storm 3ewer Tnterceptor to the Ramsey-Washington Metro Watershed District The outlet w the Mississippi River for the Beltline Interceptor is owned by the City of Saint Paul. The Watershed District has determined that the generai maintenance of the Beltline Intercegtor, including the Mississippi Outlet Branch, can best be provided by eontracting with the City af Saint Paul w perform this service on behalf of the Watershed District Saint Paul will act as an independent contractor. ADYANTA6E3 IF APPROVED: The entire Beltline Storm Sewer Intereeptor.will be owned by the Watershed District, which has jurisdiction over and responsibility for stormwaYea and surface water managemQnt for the land which benefits from continued availability of the Beltline Interceptor for use as a sub-regional stormwater and surface water management tool. Tlu�ough the maintenance.contract, SainY Paul will be involved in woridng with the Watershed District in keeping the Belt3ine Interceptor funetional. DISADVANTA6ES IF APPflOVED None ,. �� ,�«��- _. � : � �c� ��' ;�� s� ��7 APR 04 i��T �� 3 19g1 �.��.,� � . ��y�� crrr,�r DISFDVANTAGES IF NOT APPRDYE6 Saint Paul will continue to own the ouflet for the Beitiine Storm Sewer Interceptor. Saint Paul will re ' responsibility for maintenance and rehabilita6on of this pipe as well as for environmental regulations for the discharge into the Mississippi River. TOTAL ANOUtiT OF 7RANSpCTpN S COST/qEVENUE BUDGETED (qRCLE ONE) YES No FUNaKa SWRCE AdNIN NUMBER Fiw�rvaa. n�ora�nnow: lE�wwM � •{ 97-�� CONTRACT NO. GONVEYANCE AGREEMENT FOR TFiE MISSISSIPPI OUTLE7 BRANCfi QF THE BELTLINE STORM SEWER INTERCEPTOR AN AGREEMENT, dated this of , 1997, by and between the TtiE CITY OF SAffVT PAllL, Minnesota, hereinafter called the "CITY" and THE RAMSEY-WASHING70N ME7R0 WATERSHED DtSTRiCT, hereinafter caUed the "DiSTRIGT". WHEREAS, fhe Metropolitan Council and the DISTRICT have executed an agreement conveying the Beltline Storm Sewer Interceptor to the DISTRICT; and WHEREAS, the DfSTRICT has jurisdiction over and responsibiiity for stormwater and surface water management for the I�nd which benefits from continued availability of the Beltline Storm Sewer Interceptor for use as a sub-regional stormwater and surface water management tool; and WHEREAS, the Mississippi Outlet Branch provides the outiet to the Mississippi River for the Beltline Storm Sewer Interceptor; and WHEREAS, the C1TY is willing to convey the Mississippi Outlet Sranch to the DISTRICT; NOW, THEREFORE, in consideration of the mutual terms and,conditions, promises, covenants, and payments hereinafter set forth, the CITY and the DIS7RiCT agree as foifows: SECTION 1. Definitions a) Beitline Storm Sewer fnterceptor means the storm sewers conveyed to the DISTRICl" from the Metropoliian Council. The storm sewers are generaNy described as follows: from the overflow at Lake Phalen south to the intersection of Warner Road and Point Douglas Road extended and from fhe overfiow at Seaver Lake west to Margaret and Birmingham. b) Mississippi Out{et Branch means the storm sewer as shown in Exhibit B, attached hereto and incorporated into this agreement. This storm sewer is generally described as follows: from the intersection of Warner Road and Point Douglas Road extended, to and inciuding the outiet to the Mississippi River. SECT[ON 2. Puroose of Agreement The Mississippi Outlet Branch provides the outlet to the Mississippi River for the Beitline Storm Sewer interceptor. The DfSTRICT is wiifing to acquire and operate ihe Mississippi Outlet Branch so as to provide continued availability of the Beltline Storm Sewer Interceptor for water management within the DISTRlCT. Pursuant to this agreement, the CITY wiif convey the Mississippi Outiet Branch to the DISTRiC7 and the DISTRlCT, which has authority to acquire such facilities, wili acquire the Mississ+ppi Outlet Branch. 1 of 3 � SECTION 3. �onveyance of tfie Mississippi Outiet Branch � �-ya? a) The CITY wilf convey to the DISTRICT, by quit claim deed or other appropriate instruments of conveyance in form satisfactory to the DISTRICT, alf of the C1TY's right, titie, and interest in and to the Mississippi Outlet Branch. Exhibit C, "Conveyance of Easement Rights", is attached hereto and incorporated into this agreement. The ClTY wiil transfer the Mississippi Outlet Branch to the D1STRlCT effective upon execution of this agreement. The C1TY will also convey any permits, licenses, easements, or other property rights which the CITY holds and which are necessary for the location, operation, and repair cf the Mississippi Outlet Branch. The DlSTRlC7 agrees to be responsible for recording such easements. b) The Cl7Y agrees to be responsible for correcting any errors in the {ega{ description of any real property that the CITY conveys to the DISTRICT. The DISTRICT agrees to be responsible for acquiring and transferring the easements or access rights necessary for location, operation, and repair of the Mississippi Outiet Branch, if such easements or access rights are not owned by the CITY as of the effective date of this agreement. c) The DfSTflICT wi11 aliow the CI7Y to utilize certain portions ofi easements or other access rights, as necessary to locate, operate, or mainiain existing CfTY facilities that cross or are connected to the Mississippi Outfet Branch. SECTION 4. Condition of the Mississippi Outlet Branch The CITY will convey and the DfSTRICT agrees to accept the Mississippi Outiet Branch in "as is" condition, i.e., the condition the Mississippi Outlet Branch is in as of the date of the deed or other instrument conveying the Mississippi Outlet Branch. All casts for repairs to the conveyed Mississippi Outlet Branch will be the respansibility of and borne by the DISTRIC7. SECTlQN 5. Acquisition Costs The ClTY will convey the Mississippi Outlet Branch and easement rights to the DISTRICT for the sum of One Doflar ($1.00) and other good and valuab{e consideration. SECT{ON 6. Inspection Costs The DiSTRICT wifi reimburse the CITY for the amount of Fourteen Thousand Five Hundred Ninety-7wo Dollars and 0011 �0 Cents ($14,592.00) advanced to The DISTRIC� by the CITY tor preliminary inspection of the Beltiine Interceptor. The CfTY witl invoice the DISTRICT for the inspection Costs upon execution of this agreement. The DISTRfGT will pay the invoice within thirty {30) days of receipt ot the invoice from the CITY. 2 of 3 9 7-�f�-� tN WiTNESS WNEREOF, the parties hereto have executed this Agreement, the day and year first above written. C1TY QF SAlNT PAUL, MINNESOTA RAMSEY-WASNINGTON METRO WATERSHED DISTRICT tVorm Coleman, Mayor By f� Stacy M Beeker, Director Depa�tment of Public Works Martha Larson, Director Office oi Technology App�d as to f rm� 5 Assistant City Attomey Cfifton J. Aichinger, Administrator Approved as to form: Raymond O. Marshaii Watershed District Counsel 3 of 3 N I �� - o'd �1" i 1 h� � � ; . � ( . �- �� ,� � �. � i � � �; � a �. ti , '�•, + � y9N/W�ilS� ,� �: / Y : � r �� / , /, OV I I � u7.t739mi _. ��i i � o1zdS` ' � e. ::92'0'.2L � -� � �� :� �.`� yN13 •� _ _ z �� %Ftb�2�� vt L � � � � 'Q 1 4 �� A~' P " ti � '�_ . 3 , �. �. e 4 ;t� t S6: v3�rd�� <- 6°" � � oy R . ..(�Q� ' m � . �^:J` \ ; � J ' . � � � �� a ,�� V � � W r ...' � O a o. � N � � F— m _ W ��f--------------- ---i 1 ' �' � `-- � �; � � :1a 1 � I {� : Ysco"� 1 �4� . , ,a;"'a'.�, I � �'Z � Q �__ '1\/ ' `I �` . _ � ' �f • . t _.� O : �� a o° O,`ary` �u � 1 , �� ` � Q � o� 4 i � —5 i ; -- — ----._. .. �a �� I s N � � O z �z \� \ .YT j � r> , �'� �� 1 j�� ,� � 97-`��7 �� ry �O V 0 0' t � i Ta\ . 7 . i g � P �J �' "`� "J ��. Q• �L . .� � �' �, .. �` � � n � �� / �� \��\y�\QQ� EXHt81T C Conveyance of Easement Rights 97-�� KNOW ALL NIEN BY THESE PRESENTS that the City of Saint Paui, a Municipal Corporation under the laws of the State of Minnesota, is the holder and owner of the easement rights herein described: SEE EXHIBIT "A", in consideration of the sum of One Doilar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby conveys and quitclaims to the Ramsey Washington Metro Watershed DisYrict, a duly constituted 1vletropolitan Agency under the laws of the State of Minnesota, the above described easement rights. To have and to hold the same forever. The City of Saint Paul covenants that they are well seized in the rights of the above mentioned easement and have good right to convey the same of their own free will. That the Ramsey Washin�ton Metro Watershed District, by acceptance of these easement rights, agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees, from all suits, actions or claims of any character brou�ht as a result of injuries or damages received or sustained by any person, persons or property on account of this conveyance or Ramsey Washington Metro Watershed DistricYs use of these easement rights, including, but not limited to a claim brought because of any act of omission, neglect or misconduct of said Ramsey Washington Metro Watershed District or because of any claims of liahility arising from any violation of any law or re�ulation made in accordance with the law, wheiher by the Ramsey Washington Metro Watershed District or any of its agents or employees. IN TESTIMONY WHEREOF, the City of Saint Paul, have caused this conveyance to be executed and attested to this on the day of , 19 CITY OF SAINT PAUL MAYOR Approved as to form: DiRECTOR - Pinance & Management Services C1TY ATTORNEY CITY CL�RK � �l7 ACKNOWLEDGEMENT The forgoing instrument was acknowledged before me this _ day of , 19 _ by Mayor of the City of Saint Paul, by , Director ofFinance & Management Services for the City of Saint Paul and by , Gity Clerk for the City of Saint Paui. Stamp or Seal: NQtary Public . �;� ti ` �aSemerit �oi' a public sen%er on a strip of lancl 20 feet in R�idth on anct acro'ss the ri�ht of �%ay of the St. Paul � Briclge ancl Terminal Rail- Rti��, Chica�c,, �iil�vaui.ee & St. Paul Rai1R•ay, the Chicago. Eurlinaton and Quincy' P.ailRay, anc. miscel- laneous Yracts, aii within the •:;•E?j�. Section 4. To«n 2S \. Ran�e 2? �%., and the ti�t"3!�, 1ZZ%3�,. Szction 3. Ton'n 33, Pange 23, from�the ,�Iissis- siYPi P.itier to Burns Ave., the cen- tec line of saicl strip being a line de- scribeci a.s folla«s: Commencin3 at the intersection of the north ana souih quarter line o� Section 4. To�cn 2S, N, Ran;e 2? titi. �rith the joint richt of � line of the Chica^o, Burlin�ton cC G2uinC�' P�'. and the Chica�o, IIiI- �saul:ee and St. �aul Rc. 15i6.��6 feet south of the north line of saicl Sec- tion 4. � thence southeasterly alon� the joint right of n•ay line of the C. S. & Q. Ry. and C. �I. �C St. P. Ry. mal:in� an an,te of i0 de�rees 4a minutes �rith the s�id quarter line �83-�.4a feet to an iron monument. 'then�e on last cteserioeci �line .pro- ciuced a distan,ce of 97.6.60 feet to z point on the center line of tfie ease- ment. From this point the � center line of the e�.settlent runs south�cest• eriy at an anole of.63 deo-rees, 53 minutes, �cith the last descri6ed linr to the l�Iississippi ]3iver, and north• e�sterly at the same angle a dis- tance of 1S9. 35 feet: thence to�th� ri�ht by an an�le oE 59 de�rees. 11 minutes _ 1 distance of - 133.S5 feet: thence to the rinht b3" an �anale oP �9 degrees. 11 ri�inutes. "a'distance ot �#?0.63 fee_t; thence to the left by an�� a�igl� of 65 degrec•s, 02 u�inutes, a disiance of i21.52 feet; thence to the � right Uy an ang7e of ZO degrees, 3� ': i�iinutc-s, a distarice of 952.90 ft.;"� thence to the ri�ht by an an�le of.,.;:� 3� degrees, 05 ininutes, a distance of .::_ 309,00 ft,; thence to the left by an angle of 47 de�rees, 24 �ninutes,' 8 diGtance of 346.50 ft. to a Point on � Uie center line of the Point Douglas Road 563.1 feet irom the intersec- tion of the centc-r lines of 73urns A��e. and the Point Doualas Road, meas- ured�along the center line of Point Douglas Foad. Tl�ence to the left by an angle of 20 degrees, U3 minutes, a distance o£ �54.10 ieet to a point on the center line of Eurns 3��e. 2G0 it. ea�t of �tna St. � t�XIL1�Jf �A" ; :: �7 � ,•`. �i ✓ CON7RACTNO. 9 � T�7 BELTL111E STORM SEWER 1lJTERGEPTOR MAINTENANCE AGREEMENT AN AGREEMENT, dated this of . i997, by and between the RAMSEY-W.4SHiWGTON METRO WATERSHED DISTRIC7' hereinafter called the "DISTRICT", and the C1TY OF SAtNT PAUL, Minnesota hereinafter caifed ine "CiTY°, WHEREAS, the DfSTR{CT is the owner of the Beltline Storm Sewer interceptor hereinafter cal{ed the "Interceptor", located in the City of Saint Pauf; and WHEREAS, the DISTRiCT has determined ihat the general maintenance ofi the fnterceptor can besi be provided by contracting with the ClTY to perform this service on behalf of the DISTRICT as an independent contractor; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the DiSl"RiCT and the CiTY agree as folfows: SECTION 1. Definitions a) Beltline Storm Sewer Interce�tar means the storm sewer as shown in Exhibit A, attached hereto and incorporated into this agreement. This storm sewer is generally described as foliows: from the overfilow at Beaver Lake west to Margaret and Birmingham and trom ±he overflow at Lake Phalen south to and including the ouilei io the Mississippi River. SECTtON 2. �cope of Services During the period from the execution of this agreement through December 31, 1999, the C1TY, as an independent contractor, wifl perform generai maintenance on the Interceptor. in performing general maintenance on the inierceptor, the CITY shaA: a. Meet with the DISTR{CT annua{ly to review the results of the DISTRICT's inspection of the Interceptor and to determine the necessary work to be performed and the schedule of such work for the foilowing year. b. Comply with aq state laws and the lawful rules, regulations and orders of any state agency regulating the work performed and the materials furnished under this Agreement. c. Maintain the Interceptor in good operating condition for the conveyance of siorm water. d. PerForm preventative maintenance services as may be required to preserve the interceptor and maintain its full capacity and condition, inciuding, but not {imited to, fiushing, scraping, discing, roddinq, and inspection of the system; and perform such other work on the lnterceptor as is mutually agreeable and which is reasonable and normal. 1 of 4 9��7 e. Provide all labor, materials, supplies, tools, and equipment necessary for the pe�fiormance of ail work required by or under this Agreement. fi. Provide ail supervisory personnel necessary for the supervision of the above work. g_ Provide surface support creNr for the DISTRICT and the DISTRICT's Engineer upon adequate notification from the DtSTRICT. �ISTRIGT to obtain necessary permits. h. Provide the DISTRICT, upon adequafe notification, access to the CITY's detention ponds to allow the D15TRICT fo access the Interceptor. SECTION 3. Additional WQrK Additionai unschedu(ed maintenance may be performed by the CITY with mutual agreement between the DISTRICT and the CITY. SECTION 4. Extraordinary Maintenance or Construction The CITY shall not be required to do any work under this Agreement which constitutes extraordinary maintenance, betterment, construction, or reconstruction of the Interceptor. In the event that such work is necessary, the CITY and the DlSTRICT shall enter into a separate agreement specifying the work to be performed and the payment for such work. SECTIaN 5. lnspection The DISTRICT's engineer will perform the inspection of the Interceptor. _ SECTION 6. _ Emergency Repair !n the event of an emergency, the CITY may proceed with repairs as necessary with appropriate notification to be given to the DISTRtGT within 24 hou�s of such emergency. Notification shail be to the DISTRICT Administrator or the designated representative. SECTION 7. Independent Contractor The parties agree the CI7Y is an independent contractor and thet all persons periorming services under this Agreement ase employees of the CITY or its contractors or agents, and are not employed by or employees oI the DISTRICT. SECT{ON 8. SubcQntractor The C{TY, with the approvaf of the DiSTR{CT, may enter into a contract with a third person whereby such person performs on befialf of the C4TY and under the direction of its supervisory parsonnel, a part of the work required by or under this Agreement. Aff contracts and agreements made by the CI7Y with third persons for the performance of any work required by this A�reement shalf be subject to the terms of this Agreement, and a provision stating this shail be inserted in ail such contracts. SEC710N 9. Indemnitv The parties agree that the D{STRICT shali not be responsible or liable in any manner for any cfaim, demand, action or cause of action of any kind arising out of the CITY'S neglect, performance, or failure to perform the work required by this Agreement and within the scope of this Agreement, or arising out of the neglect, performance or failure to perform such work by any contractor of the CIlY 2of4 performing any of the work provided herein; and the CI'fY agrees to indemnify the (�� DISTRIGT, its oificers, and emp{oyees and to save and keep them harm{ess from aff losses and expenses incurred as a resuit of any claim, deed, action or cause of action arising out ot fhe negligence or aileged negligence of the CITY or any such contractor. SECTiON i 0. Silling and Payment The DtSTRICT agrees to pay to the Cil'Y an amount equal io the cost of all labor and of supplying al( materials, supplies, tools and equipment, reasonably necessary for the performance of work required by this Agreement. The parties agree that such costs shall comprise and be computed as foilows: a. Labor The cost of the labor for employees of the CITY shall be the sum of: (i) The estabiished houriy wage rate or raies of the persons performing the work multipiied by the number ofi hours worked; and (ii) actual overhead (Noted as a percentage of (i)), which shall represent indirect labor and overhead costs and shaii be subject to audit by the DISTRICT. b. Materials and Sugplies The cost of materials and suppfies furnished by the CITY, which shaii not be more than their delivered cost to the CITY. c. Tools and Equipment The cost of toois and equipment furnished by the CITY shaA be computed in accordance with a standard hourly rental rate schedule to be submitted by the C1TY and approved by the DfSTflIC7. Charges shall be assessed only for hours of actual use. d. Gontract Costs The amount required io be paid under contracts approved by che DISTRICT to contractors of the CITY for performance of work required by this Agreement, plus direct costs incurred by the CITY in administering such contracts, which shaN be agreed on when any such contract is approved. e. illin in consideration for the CfTY'S faithfui performance of this Agreement, the DISTRICT will reimburse the CITY for work performed, as determined by the DISTRICT'S representatives and based on itemized statements. Statements to include a breakdown of labor, materials, suppiies, tools, equipment and contract costs. f. Payment Payment shaii be made within thirty (30) days afiter submission ofi an invoice by the CITY. SECTION 1 i. Inspection of Work The Interceptor may be inspected by the DISTRICT to detersnine whether the work required to be performed under this Agreement is being performed satisfactorily. SECTI�N 12. Entire Agreement it is understood and agreed that the entire Agreement supersedes ali oral agreements and negotiations between the parties relating to the subject matters hereof. 3of4 • SECTION 13. Termination This Agreement may be terminated by the r � — �o Z 7 DISTRICT or the CITY at any time with or without cause upon ninety (90) days written notice to the other party. In the event of such a cancellation, the CITY shall be entitled to payment determined on a pro rata basis tor work or services satisfactorily performed. IN WITNESS WtiEREOF, the parties hereto have execufed this Agreement, the day and year first above written. CITY OF SAINT PAUL, M{NNESOTA � �'L�'J � Norm Coleman, Mayor Stacy M. Becker, Director Department of Public Works Martha Larson, Director Office of Technology Approved as to form: RAMSEY-WASH{NGTON METRO WATERSHED DISTRICT � Ctifton J. Aichinger, Administrator Approved as to form: Assistant City Attorney Raymond O. Marshafl Watershed District Counsel 4 of 4 > � 7 �o� �9 � � y 9 !�. 2 BIRMINGHAM-MINNEHAHA POND MINNEHAHA BEECH MARGARE7 o a ETNA-THIRD p '¢ POND � m w w N f- 4 � S �� e�. �,P l S71LL1YAiER 0 a � HAZEI-ROSS < V � POND p � �� s ' BUSH � 0, �� Q Q � IVY-GERMAIN O W PONO TOPIC LANE MARYLANO POND Vyy SACKET7 PLAYGROUND ` MAGNOLIA POND A �� BIRMfNGHAM-YORK ppS POND w U � l 4 K = z � w 0 l�! � y Q F- W �.$. � J4 ¢ x � z � � m N �R R� ��S `I�P b�i �'s s, � A / � EXHIBIT A BELTLINE STORM SEWER INTERCEPTOR Council File # � �� Green Sheet # 32159 (°�( 1"" R P'-° r- f �"} t �S ! �"'' • s �. . ClTY OF MlNNESOTA 0 Presented By Referred To Committee: Date 1 WHEREAS, the Ramsey-WasRhx�Een�IGtetro Watershed District is the owner of the Beldine Storm Sewer 2 interceptor, and 3 4 WHEREAS, the Watershed District has jurisdiction over and responsibi{ity for stortnwater and surface water 5 management for the land which 6enefits from continued availabiGty of the BelUine Storrn Sewer Interceptor for 6 use as a sub-regionaf stomiwater and surface water management toof, and 7 8 WNEREAS, the Mississippi Outiet Branch, whlch is owned by the City of Saint Paul, provides the outtet 9 to the Mississippi River for the Beltline Stortn Sewer lnterceptor, and 10 11 WHEREAS, the City of Saint Paul wants to convey the Mississippi Outlet Branch to the Watershed 12 District, and 13 i4 WHEREAS, the Watershed District has detemuned that the generai maintenance of the BelUine interceptor, 15 including the Mississippi Outfet Branch, can best be provided by contracting with the City of Saint Paul 16 acting as an independent contractor to perform this service on behalf of the Watershed District, now, 17 therefore be it, 1$ 19 RESOIVED, bv tfie Gity of Saint Paui that the City enter into the attached Conveyance and Maintenance 20 Rgreements wiih the Ramsey-Washington Metro Watershed District, and be it, 21 22 FURTHER RESOLVED, by the City of Saint Paul that the City convey the easement rights to the 23 Mississippi Outlet Branch, and be it, 24 25 fiNALLY RESOLVED, by the Gity ihat the Mayor, Director o# the Office of Technoiogy and Assistant 26 City Attorney be authorized io execute the attached Agreements on behalf of the Ciiy. 27 28 29 30 31 32 Requested by Department of: Adopted by Council: Public Works gY; fir2�i.L l Date � ��3 `°l�� Form Approved by City Attorney � Adoption Certified by Council Secretary �: � ��.,.��,.�.� Approved by Mayor: D e �t�` � gI' �i� gl• 5 7 � Approve� r f r Submis on to Council By: � ., i ;� '� Pubh'c Wo �� 3d27197� GREEN SHEET `1 � ri'o �2149 uan�uo�re wmwa�� carr�craEASanaPra� ��wn�orrar�croA cmcax�a� tlnneWeber266-6245 ,,�et �am�srow�r [�qnc�ac MUSTBEONCWNpLAi?ENWBYIUATq ltOU7Yif! 9WGErpflECiOR �FltihYOi.sEFlViCESp0. aHOBI �ANYOR(IXiASSisTMIS) �� miatoFawruNr�P�s 1 ��au�ua.wcxr�sropaw�rw+E/ L �ssocure ' y oerr..�uHr � � r�a�s�n p�ove conveyance of the Ivxssissippi Outlet Branch including easement rights and ap�ove the maintenance agreement for U� Belt]ine Storm Sewer Interceptor inciuding flie Mississippi OaUet Branch. Copies of the onveyance Agreement, Conveyance of Easement Rights and tl� Maintenance Agreement aze attached for reference. fiECpYEtiM'11pIS: AcP�a+ W a P�jec� P�! PEASONAL SERYlf� CONTRACTS MUST ANSWER THE WLIOWING �UESTIONS: _ p�wp �py4yggpN _CML SERNCE CoA/wSSIaN 1. Has tllla � � woA�O undaf a mntraCl ior di§ d9P�ef1Y7 _GB COwMTTEE _ 2. Hes ih� o�rvfhn� oeen a my emp�oYee't . YE& ._A_ sr�FV — einppy�eei9his aB�M1irtn P�s�s a saf na mm�a1N possessed +ry am arrem tliv __OISTRICTCOUNqI _ YES NO suveonrs wwcH courxa� oadECme� E�IaM w yae mwws on aeparate ahaatana aaach w yreen sneat INITIATIN6 PROBLEM, �9&UE, OPPOfl71A�N7Y (NMO, WHAT, WHEN, WFIERE, WHYl: The Meuopolitan Council has conveyed tl� Beltline Storm 3ewer Tnterceptor to the Ramsey-Washington Metro Watershed District The outlet w the Mississippi River for the Beltline Interceptor is owned by the City of Saint Paul. The Watershed District has determined that the generai maintenance of the Beltline Intercegtor, including the Mississippi Outlet Branch, can best be provided by eontracting with the City af Saint Paul w perform this service on behalf of the Watershed District Saint Paul will act as an independent contractor. ADYANTA6E3 IF APPROVED: The entire Beltline Storm Sewer Intereeptor.will be owned by the Watershed District, which has jurisdiction over and responsibility for stormwaYea and surface water managemQnt for the land which benefits from continued availability of the Beltline Interceptor for use as a sub-regional stormwater and surface water management tool. Tlu�ough the maintenance.contract, SainY Paul will be involved in woridng with the Watershed District in keeping the Belt3ine Interceptor funetional. DISADVANTA6ES IF APPflOVED None ,. �� ,�«��- _. � : � �c� ��' ;�� s� ��7 APR 04 i��T �� 3 19g1 �.��.,� � . ��y�� crrr,�r DISFDVANTAGES IF NOT APPRDYE6 Saint Paul will continue to own the ouflet for the Beitiine Storm Sewer Interceptor. Saint Paul will re ' responsibility for maintenance and rehabilita6on of this pipe as well as for environmental regulations for the discharge into the Mississippi River. TOTAL ANOUtiT OF 7RANSpCTpN S COST/qEVENUE BUDGETED (qRCLE ONE) YES No FUNaKa SWRCE AdNIN NUMBER Fiw�rvaa. n�ora�nnow: lE�wwM � •{ 97-�� CONTRACT NO. GONVEYANCE AGREEMENT FOR TFiE MISSISSIPPI OUTLE7 BRANCfi QF THE BELTLINE STORM SEWER INTERCEPTOR AN AGREEMENT, dated this of , 1997, by and between the TtiE CITY OF SAffVT PAllL, Minnesota, hereinafter called the "CITY" and THE RAMSEY-WASHING70N ME7R0 WATERSHED DtSTRiCT, hereinafter caUed the "DiSTRIGT". WHEREAS, fhe Metropolitan Council and the DISTRICT have executed an agreement conveying the Beltline Storm Sewer Interceptor to the DISTRICT; and WHEREAS, the DfSTRICT has jurisdiction over and responsibiiity for stormwater and surface water management for the I�nd which benefits from continued availability of the Beltline Storm Sewer Interceptor for use as a sub-regional stormwater and surface water management tool; and WHEREAS, the Mississippi Outlet Branch provides the outiet to the Mississippi River for the Beltline Storm Sewer Interceptor; and WHEREAS, the C1TY is willing to convey the Mississippi Outlet Sranch to the DISTRICT; NOW, THEREFORE, in consideration of the mutual terms and,conditions, promises, covenants, and payments hereinafter set forth, the CITY and the DIS7RiCT agree as foifows: SECTION 1. Definitions a) Beitline Storm Sewer fnterceptor means the storm sewers conveyed to the DISTRICl" from the Metropoliian Council. The storm sewers are generaNy described as follows: from the overflow at Lake Phalen south to the intersection of Warner Road and Point Douglas Road extended and from fhe overfiow at Seaver Lake west to Margaret and Birmingham. b) Mississippi Out{et Branch means the storm sewer as shown in Exhibit B, attached hereto and incorporated into this agreement. This storm sewer is generally described as follows: from the intersection of Warner Road and Point Douglas Road extended, to and inciuding the outiet to the Mississippi River. SECT[ON 2. Puroose of Agreement The Mississippi Outlet Branch provides the outlet to the Mississippi River for the Beitline Storm Sewer interceptor. The DfSTRICT is wiifing to acquire and operate ihe Mississippi Outlet Branch so as to provide continued availability of the Beltline Storm Sewer Interceptor for water management within the DISTRlCT. Pursuant to this agreement, the CITY wiif convey the Mississippi Outiet Branch to the DISTRiC7 and the DISTRlCT, which has authority to acquire such facilities, wili acquire the Mississ+ppi Outlet Branch. 1 of 3 � SECTION 3. �onveyance of tfie Mississippi Outiet Branch � �-ya? a) The CITY wilf convey to the DISTRICT, by quit claim deed or other appropriate instruments of conveyance in form satisfactory to the DISTRICT, alf of the C1TY's right, titie, and interest in and to the Mississippi Outlet Branch. Exhibit C, "Conveyance of Easement Rights", is attached hereto and incorporated into this agreement. The ClTY wiil transfer the Mississippi Outlet Branch to the D1STRlCT effective upon execution of this agreement. The C1TY will also convey any permits, licenses, easements, or other property rights which the CITY holds and which are necessary for the location, operation, and repair cf the Mississippi Outlet Branch. The DlSTRlC7 agrees to be responsible for recording such easements. b) The Cl7Y agrees to be responsible for correcting any errors in the {ega{ description of any real property that the CITY conveys to the DISTRICT. The DISTRICT agrees to be responsible for acquiring and transferring the easements or access rights necessary for location, operation, and repair of the Mississippi Outiet Branch, if such easements or access rights are not owned by the CITY as of the effective date of this agreement. c) The DfSTflICT wi11 aliow the CI7Y to utilize certain portions ofi easements or other access rights, as necessary to locate, operate, or mainiain existing CfTY facilities that cross or are connected to the Mississippi Outfet Branch. SECTION 4. Condition of the Mississippi Outlet Branch The CITY will convey and the DfSTRICT agrees to accept the Mississippi Outiet Branch in "as is" condition, i.e., the condition the Mississippi Outlet Branch is in as of the date of the deed or other instrument conveying the Mississippi Outlet Branch. All casts for repairs to the conveyed Mississippi Outlet Branch will be the respansibility of and borne by the DISTRIC7. SECTlQN 5. Acquisition Costs The ClTY will convey the Mississippi Outlet Branch and easement rights to the DISTRICT for the sum of One Doflar ($1.00) and other good and valuab{e consideration. SECT{ON 6. Inspection Costs The DiSTRICT wifi reimburse the CITY for the amount of Fourteen Thousand Five Hundred Ninety-7wo Dollars and 0011 �0 Cents ($14,592.00) advanced to The DISTRIC� by the CITY tor preliminary inspection of the Beltiine Interceptor. The CfTY witl invoice the DISTRICT for the inspection Costs upon execution of this agreement. The DISTRfGT will pay the invoice within thirty {30) days of receipt ot the invoice from the CITY. 2 of 3 9 7-�f�-� tN WiTNESS WNEREOF, the parties hereto have executed this Agreement, the day and year first above written. C1TY QF SAlNT PAUL, MINNESOTA RAMSEY-WASNINGTON METRO WATERSHED DISTRICT tVorm Coleman, Mayor By f� Stacy M Beeker, Director Depa�tment of Public Works Martha Larson, Director Office oi Technology App�d as to f rm� 5 Assistant City Attomey Cfifton J. Aichinger, Administrator Approved as to form: Raymond O. Marshaii Watershed District Counsel 3 of 3 N I �� - o'd �1" i 1 h� � � ; . � ( . �- �� ,� � �. � i � � �; � a �. ti , '�•, + � y9N/W�ilS� ,� �: / Y : � r �� / , /, OV I I � u7.t739mi _. ��i i � o1zdS` ' � e. ::92'0'.2L � -� � �� :� �.`� yN13 •� _ _ z �� %Ftb�2�� vt L � � � � 'Q 1 4 �� A~' P " ti � '�_ . 3 , �. �. e 4 ;t� t S6: v3�rd�� <- 6°" � � oy R . ..(�Q� ' m � . �^:J` \ ; � J ' . � � � �� a ,�� V � � W r ...' � O a o. � N � � F— m _ W ��f--------------- ---i 1 ' �' � `-- � �; � � :1a 1 � I {� : Ysco"� 1 �4� . , ,a;"'a'.�, I � �'Z � Q �__ '1\/ ' `I �` . _ � ' �f • . t _.� O : �� a o° O,`ary` �u � 1 , �� ` � Q � o� 4 i � —5 i ; -- — ----._. .. �a �� I s N � � O z �z \� \ .YT j � r> , �'� �� 1 j�� ,� � 97-`��7 �� ry �O V 0 0' t � i Ta\ . 7 . i g � P �J �' "`� "J ��. Q• �L . .� � �' �, .. �` � � n � �� / �� \��\y�\QQ� EXHt81T C Conveyance of Easement Rights 97-�� KNOW ALL NIEN BY THESE PRESENTS that the City of Saint Paui, a Municipal Corporation under the laws of the State of Minnesota, is the holder and owner of the easement rights herein described: SEE EXHIBIT "A", in consideration of the sum of One Doilar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby conveys and quitclaims to the Ramsey Washington Metro Watershed DisYrict, a duly constituted 1vletropolitan Agency under the laws of the State of Minnesota, the above described easement rights. To have and to hold the same forever. The City of Saint Paul covenants that they are well seized in the rights of the above mentioned easement and have good right to convey the same of their own free will. That the Ramsey Washin�ton Metro Watershed District, by acceptance of these easement rights, agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees, from all suits, actions or claims of any character brou�ht as a result of injuries or damages received or sustained by any person, persons or property on account of this conveyance or Ramsey Washington Metro Watershed DistricYs use of these easement rights, including, but not limited to a claim brought because of any act of omission, neglect or misconduct of said Ramsey Washington Metro Watershed District or because of any claims of liahility arising from any violation of any law or re�ulation made in accordance with the law, wheiher by the Ramsey Washington Metro Watershed District or any of its agents or employees. IN TESTIMONY WHEREOF, the City of Saint Paul, have caused this conveyance to be executed and attested to this on the day of , 19 CITY OF SAINT PAUL MAYOR Approved as to form: DiRECTOR - Pinance & Management Services C1TY ATTORNEY CITY CL�RK � �l7 ACKNOWLEDGEMENT The forgoing instrument was acknowledged before me this _ day of , 19 _ by Mayor of the City of Saint Paul, by , Director ofFinance & Management Services for the City of Saint Paul and by , Gity Clerk for the City of Saint Paui. Stamp or Seal: NQtary Public . �;� ti ` �aSemerit �oi' a public sen%er on a strip of lancl 20 feet in R�idth on anct acro'ss the ri�ht of �%ay of the St. Paul � Briclge ancl Terminal Rail- Rti��, Chica�c,, �iil�vaui.ee & St. Paul Rai1R•ay, the Chicago. Eurlinaton and Quincy' P.ailRay, anc. miscel- laneous Yracts, aii within the •:;•E?j�. Section 4. To«n 2S \. Ran�e 2? �%., and the ti�t"3!�, 1ZZ%3�,. Szction 3. Ton'n 33, Pange 23, from�the ,�Iissis- siYPi P.itier to Burns Ave., the cen- tec line of saicl strip being a line de- scribeci a.s folla«s: Commencin3 at the intersection of the north ana souih quarter line o� Section 4. To�cn 2S, N, Ran;e 2? titi. �rith the joint richt of � line of the Chica^o, Burlin�ton cC G2uinC�' P�'. and the Chica�o, IIiI- �saul:ee and St. �aul Rc. 15i6.��6 feet south of the north line of saicl Sec- tion 4. � thence southeasterly alon� the joint right of n•ay line of the C. S. & Q. Ry. and C. �I. �C St. P. Ry. mal:in� an an,te of i0 de�rees 4a minutes �rith the s�id quarter line �83-�.4a feet to an iron monument. 'then�e on last cteserioeci �line .pro- ciuced a distan,ce of 97.6.60 feet to z point on the center line of tfie ease- ment. From this point the � center line of the e�.settlent runs south�cest• eriy at an anole of.63 deo-rees, 53 minutes, �cith the last descri6ed linr to the l�Iississippi ]3iver, and north• e�sterly at the same angle a dis- tance of 1S9. 35 feet: thence to�th� ri�ht by an an�le oE 59 de�rees. 11 minutes _ 1 distance of - 133.S5 feet: thence to the rinht b3" an �anale oP �9 degrees. 11 ri�inutes. "a'distance ot �#?0.63 fee_t; thence to the left by an�� a�igl� of 65 degrec•s, 02 u�inutes, a disiance of i21.52 feet; thence to the � right Uy an ang7e of ZO degrees, 3� ': i�iinutc-s, a distarice of 952.90 ft.;"� thence to the ri�ht by an an�le of.,.;:� 3� degrees, 05 ininutes, a distance of .::_ 309,00 ft,; thence to the left by an angle of 47 de�rees, 24 �ninutes,' 8 diGtance of 346.50 ft. to a Point on � Uie center line of the Point Douglas Road 563.1 feet irom the intersec- tion of the centc-r lines of 73urns A��e. and the Point Doualas Road, meas- ured�along the center line of Point Douglas Foad. Tl�ence to the left by an angle of 20 degrees, U3 minutes, a distance o£ �54.10 ieet to a point on the center line of Eurns 3��e. 2G0 it. ea�t of �tna St. � t�XIL1�Jf �A" ; :: �7 � ,•`. �i ✓ CON7RACTNO. 9 � T�7 BELTL111E STORM SEWER 1lJTERGEPTOR MAINTENANCE AGREEMENT AN AGREEMENT, dated this of . i997, by and between the RAMSEY-W.4SHiWGTON METRO WATERSHED DISTRIC7' hereinafter called the "DISTRICT", and the C1TY OF SAtNT PAUL, Minnesota hereinafter caifed ine "CiTY°, WHEREAS, the DfSTR{CT is the owner of the Beltline Storm Sewer interceptor hereinafter cal{ed the "Interceptor", located in the City of Saint Pauf; and WHEREAS, the DISTRiCT has determined ihat the general maintenance ofi the fnterceptor can besi be provided by contracting with the ClTY to perform this service on behalf of the DISTRICT as an independent contractor; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the DiSl"RiCT and the CiTY agree as folfows: SECTION 1. Definitions a) Beltline Storm Sewer Interce�tar means the storm sewer as shown in Exhibit A, attached hereto and incorporated into this agreement. This storm sewer is generally described as foliows: from the overfilow at Beaver Lake west to Margaret and Birmingham and trom ±he overflow at Lake Phalen south to and including the ouilei io the Mississippi River. SECTtON 2. �cope of Services During the period from the execution of this agreement through December 31, 1999, the C1TY, as an independent contractor, wifl perform generai maintenance on the Interceptor. in performing general maintenance on the inierceptor, the CITY shaA: a. Meet with the DISTR{CT annua{ly to review the results of the DISTRICT's inspection of the Interceptor and to determine the necessary work to be performed and the schedule of such work for the foilowing year. b. Comply with aq state laws and the lawful rules, regulations and orders of any state agency regulating the work performed and the materials furnished under this Agreement. c. Maintain the Interceptor in good operating condition for the conveyance of siorm water. d. PerForm preventative maintenance services as may be required to preserve the interceptor and maintain its full capacity and condition, inciuding, but not {imited to, fiushing, scraping, discing, roddinq, and inspection of the system; and perform such other work on the lnterceptor as is mutually agreeable and which is reasonable and normal. 1 of 4 9��7 e. Provide all labor, materials, supplies, tools, and equipment necessary for the pe�fiormance of ail work required by or under this Agreement. fi. Provide ail supervisory personnel necessary for the supervision of the above work. g_ Provide surface support creNr for the DISTRICT and the DISTRICT's Engineer upon adequate notification from the DtSTRICT. �ISTRIGT to obtain necessary permits. h. Provide the DISTRICT, upon adequafe notification, access to the CITY's detention ponds to allow the D15TRICT fo access the Interceptor. SECTION 3. Additional WQrK Additionai unschedu(ed maintenance may be performed by the CITY with mutual agreement between the DISTRICT and the CITY. SECTION 4. Extraordinary Maintenance or Construction The CITY shall not be required to do any work under this Agreement which constitutes extraordinary maintenance, betterment, construction, or reconstruction of the Interceptor. In the event that such work is necessary, the CITY and the DlSTRICT shall enter into a separate agreement specifying the work to be performed and the payment for such work. SECTIaN 5. lnspection The DISTRICT's engineer will perform the inspection of the Interceptor. _ SECTION 6. _ Emergency Repair !n the event of an emergency, the CITY may proceed with repairs as necessary with appropriate notification to be given to the DISTRtGT within 24 hou�s of such emergency. Notification shail be to the DISTRICT Administrator or the designated representative. SECTION 7. Independent Contractor The parties agree the CI7Y is an independent contractor and thet all persons periorming services under this Agreement ase employees of the CITY or its contractors or agents, and are not employed by or employees oI the DISTRICT. SECT{ON 8. SubcQntractor The C{TY, with the approvaf of the DiSTR{CT, may enter into a contract with a third person whereby such person performs on befialf of the C4TY and under the direction of its supervisory parsonnel, a part of the work required by or under this Agreement. Aff contracts and agreements made by the CI7Y with third persons for the performance of any work required by this A�reement shalf be subject to the terms of this Agreement, and a provision stating this shail be inserted in ail such contracts. SEC710N 9. Indemnitv The parties agree that the D{STRICT shali not be responsible or liable in any manner for any cfaim, demand, action or cause of action of any kind arising out of the CITY'S neglect, performance, or failure to perform the work required by this Agreement and within the scope of this Agreement, or arising out of the neglect, performance or failure to perform such work by any contractor of the CIlY 2of4 performing any of the work provided herein; and the CI'fY agrees to indemnify the (�� DISTRIGT, its oificers, and emp{oyees and to save and keep them harm{ess from aff losses and expenses incurred as a resuit of any claim, deed, action or cause of action arising out ot fhe negligence or aileged negligence of the CITY or any such contractor. SECTiON i 0. Silling and Payment The DtSTRICT agrees to pay to the Cil'Y an amount equal io the cost of all labor and of supplying al( materials, supplies, tools and equipment, reasonably necessary for the performance of work required by this Agreement. The parties agree that such costs shall comprise and be computed as foilows: a. Labor The cost of the labor for employees of the CITY shall be the sum of: (i) The estabiished houriy wage rate or raies of the persons performing the work multipiied by the number ofi hours worked; and (ii) actual overhead (Noted as a percentage of (i)), which shall represent indirect labor and overhead costs and shaii be subject to audit by the DISTRICT. b. Materials and Sugplies The cost of materials and suppfies furnished by the CITY, which shaii not be more than their delivered cost to the CITY. c. Tools and Equipment The cost of toois and equipment furnished by the CITY shaA be computed in accordance with a standard hourly rental rate schedule to be submitted by the C1TY and approved by the DfSTflIC7. Charges shall be assessed only for hours of actual use. d. Gontract Costs The amount required io be paid under contracts approved by che DISTRICT to contractors of the CITY for performance of work required by this Agreement, plus direct costs incurred by the CITY in administering such contracts, which shaN be agreed on when any such contract is approved. e. illin in consideration for the CfTY'S faithfui performance of this Agreement, the DISTRICT will reimburse the CITY for work performed, as determined by the DISTRICT'S representatives and based on itemized statements. Statements to include a breakdown of labor, materials, suppiies, tools, equipment and contract costs. f. Payment Payment shaii be made within thirty (30) days afiter submission ofi an invoice by the CITY. SECTION 1 i. Inspection of Work The Interceptor may be inspected by the DISTRICT to detersnine whether the work required to be performed under this Agreement is being performed satisfactorily. SECTI�N 12. Entire Agreement it is understood and agreed that the entire Agreement supersedes ali oral agreements and negotiations between the parties relating to the subject matters hereof. 3of4 • SECTION 13. Termination This Agreement may be terminated by the r � — �o Z 7 DISTRICT or the CITY at any time with or without cause upon ninety (90) days written notice to the other party. In the event of such a cancellation, the CITY shall be entitled to payment determined on a pro rata basis tor work or services satisfactorily performed. IN WITNESS WtiEREOF, the parties hereto have execufed this Agreement, the day and year first above written. CITY OF SAINT PAUL, M{NNESOTA � �'L�'J � Norm Coleman, Mayor Stacy M. Becker, Director Department of Public Works Martha Larson, Director Office of Technology Approved as to form: RAMSEY-WASH{NGTON METRO WATERSHED DISTRICT � Ctifton J. Aichinger, Administrator Approved as to form: Assistant City Attorney Raymond O. Marshafl Watershed District Counsel 4 of 4 > � 7 �o� �9 � � y 9 !�. 2 BIRMINGHAM-MINNEHAHA POND MINNEHAHA BEECH MARGARE7 o a ETNA-THIRD p '¢ POND � m w w N f- 4 � S �� e�. �,P l S71LL1YAiER 0 a � HAZEI-ROSS < V � POND p � �� s ' BUSH � 0, �� Q Q � IVY-GERMAIN O W PONO TOPIC LANE MARYLANO POND Vyy SACKET7 PLAYGROUND ` MAGNOLIA POND A �� BIRMfNGHAM-YORK ppS POND w U � l 4 K = z � w 0 l�! � y Q F- W �.$. � J4 ¢ x � z � � m N �R R� ��S `I�P b�i �'s s, � A / � EXHIBIT A BELTLINE STORM SEWER INTERCEPTOR Council File # � �� Green Sheet # 32159 (°�( 1"" R P'-° r- f �"} t �S ! �"'' • s �. . ClTY OF MlNNESOTA 0 Presented By Referred To Committee: Date 1 WHEREAS, the Ramsey-WasRhx�Een�IGtetro Watershed District is the owner of the Beldine Storm Sewer 2 interceptor, and 3 4 WHEREAS, the Watershed District has jurisdiction over and responsibi{ity for stortnwater and surface water 5 management for the land which 6enefits from continued availabiGty of the BelUine Storrn Sewer Interceptor for 6 use as a sub-regionaf stomiwater and surface water management toof, and 7 8 WNEREAS, the Mississippi Outiet Branch, whlch is owned by the City of Saint Paul, provides the outtet 9 to the Mississippi River for the Beltline Stortn Sewer lnterceptor, and 10 11 WHEREAS, the City of Saint Paul wants to convey the Mississippi Outlet Branch to the Watershed 12 District, and 13 i4 WHEREAS, the Watershed District has detemuned that the generai maintenance of the BelUine interceptor, 15 including the Mississippi Outfet Branch, can best be provided by contracting with the City of Saint Paul 16 acting as an independent contractor to perform this service on behalf of the Watershed District, now, 17 therefore be it, 1$ 19 RESOIVED, bv tfie Gity of Saint Paui that the City enter into the attached Conveyance and Maintenance 20 Rgreements wiih the Ramsey-Washington Metro Watershed District, and be it, 21 22 FURTHER RESOLVED, by the City of Saint Paul that the City convey the easement rights to the 23 Mississippi Outlet Branch, and be it, 24 25 fiNALLY RESOLVED, by the Gity ihat the Mayor, Director o# the Office of Technoiogy and Assistant 26 City Attorney be authorized io execute the attached Agreements on behalf of the Ciiy. 27 28 29 30 31 32 Requested by Department of: Adopted by Council: Public Works gY; fir2�i.L l Date � ��3 `°l�� Form Approved by City Attorney � Adoption Certified by Council Secretary �: � ��.,.��,.�.� Approved by Mayor: D e �t�` � gI' �i� gl• 5 7 � Approve� r f r Submis on to Council By: � ., i ;� '� Pubh'c Wo �� 3d27197� GREEN SHEET `1 � ri'o �2149 uan�uo�re wmwa�� carr�craEASanaPra� ��wn�orrar�croA cmcax�a� tlnneWeber266-6245 ,,�et �am�srow�r [�qnc�ac MUSTBEONCWNpLAi?ENWBYIUATq ltOU7Yif! 9WGErpflECiOR �FltihYOi.sEFlViCESp0. aHOBI �ANYOR(IXiASSisTMIS) �� miatoFawruNr�P�s 1 ��au�ua.wcxr�sropaw�rw+E/ L �ssocure ' y oerr..�uHr � � r�a�s�n p�ove conveyance of the Ivxssissippi Outlet Branch including easement rights and ap�ove the maintenance agreement for U� Belt]ine Storm Sewer Interceptor inciuding flie Mississippi OaUet Branch. Copies of the onveyance Agreement, Conveyance of Easement Rights and tl� Maintenance Agreement aze attached for reference. fiECpYEtiM'11pIS: AcP�a+ W a P�jec� P�! PEASONAL SERYlf� CONTRACTS MUST ANSWER THE WLIOWING �UESTIONS: _ p�wp �py4yggpN _CML SERNCE CoA/wSSIaN 1. Has tllla � � woA�O undaf a mntraCl ior di§ d9P�ef1Y7 _GB COwMTTEE _ 2. Hes ih� o�rvfhn� oeen a my emp�oYee't . YE& ._A_ sr�FV — einppy�eei9his aB�M1irtn P�s�s a saf na mm�a1N possessed +ry am arrem tliv __OISTRICTCOUNqI _ YES NO suveonrs wwcH courxa� oadECme� E�IaM w yae mwws on aeparate ahaatana aaach w yreen sneat INITIATIN6 PROBLEM, �9&UE, OPPOfl71A�N7Y (NMO, WHAT, WHEN, WFIERE, WHYl: The Meuopolitan Council has conveyed tl� Beltline Storm 3ewer Tnterceptor to the Ramsey-Washington Metro Watershed District The outlet w the Mississippi River for the Beltline Interceptor is owned by the City of Saint Paul. The Watershed District has determined that the generai maintenance of the Beltline Intercegtor, including the Mississippi Outlet Branch, can best be provided by eontracting with the City af Saint Paul w perform this service on behalf of the Watershed District Saint Paul will act as an independent contractor. ADYANTA6E3 IF APPROVED: The entire Beltline Storm Sewer Intereeptor.will be owned by the Watershed District, which has jurisdiction over and responsibility for stormwaYea and surface water managemQnt for the land which benefits from continued availability of the Beltline Interceptor for use as a sub-regional stormwater and surface water management tool. Tlu�ough the maintenance.contract, SainY Paul will be involved in woridng with the Watershed District in keeping the Belt3ine Interceptor funetional. DISADVANTA6ES IF APPflOVED None ,. �� ,�«��- _. � : � �c� ��' ;�� s� ��7 APR 04 i��T �� 3 19g1 �.��.,� � . ��y�� crrr,�r DISFDVANTAGES IF NOT APPRDYE6 Saint Paul will continue to own the ouflet for the Beitiine Storm Sewer Interceptor. Saint Paul will re ' responsibility for maintenance and rehabilita6on of this pipe as well as for environmental regulations for the discharge into the Mississippi River. TOTAL ANOUtiT OF 7RANSpCTpN S COST/qEVENUE BUDGETED (qRCLE ONE) YES No FUNaKa SWRCE AdNIN NUMBER Fiw�rvaa. n�ora�nnow: lE�wwM � •{ 97-�� CONTRACT NO. GONVEYANCE AGREEMENT FOR TFiE MISSISSIPPI OUTLE7 BRANCfi QF THE BELTLINE STORM SEWER INTERCEPTOR AN AGREEMENT, dated this of , 1997, by and between the TtiE CITY OF SAffVT PAllL, Minnesota, hereinafter called the "CITY" and THE RAMSEY-WASHING70N ME7R0 WATERSHED DtSTRiCT, hereinafter caUed the "DiSTRIGT". WHEREAS, fhe Metropolitan Council and the DISTRICT have executed an agreement conveying the Beltline Storm Sewer Interceptor to the DISTRICT; and WHEREAS, the DfSTRICT has jurisdiction over and responsibiiity for stormwater and surface water management for the I�nd which benefits from continued availability of the Beltline Storm Sewer Interceptor for use as a sub-regional stormwater and surface water management tool; and WHEREAS, the Mississippi Outlet Branch provides the outiet to the Mississippi River for the Beltline Storm Sewer Interceptor; and WHEREAS, the C1TY is willing to convey the Mississippi Outlet Sranch to the DISTRICT; NOW, THEREFORE, in consideration of the mutual terms and,conditions, promises, covenants, and payments hereinafter set forth, the CITY and the DIS7RiCT agree as foifows: SECTION 1. Definitions a) Beitline Storm Sewer fnterceptor means the storm sewers conveyed to the DISTRICl" from the Metropoliian Council. The storm sewers are generaNy described as follows: from the overflow at Lake Phalen south to the intersection of Warner Road and Point Douglas Road extended and from fhe overfiow at Seaver Lake west to Margaret and Birmingham. b) Mississippi Out{et Branch means the storm sewer as shown in Exhibit B, attached hereto and incorporated into this agreement. This storm sewer is generally described as follows: from the intersection of Warner Road and Point Douglas Road extended, to and inciuding the outiet to the Mississippi River. SECT[ON 2. Puroose of Agreement The Mississippi Outlet Branch provides the outlet to the Mississippi River for the Beitline Storm Sewer interceptor. The DfSTRICT is wiifing to acquire and operate ihe Mississippi Outlet Branch so as to provide continued availability of the Beltline Storm Sewer Interceptor for water management within the DISTRlCT. Pursuant to this agreement, the CITY wiif convey the Mississippi Outiet Branch to the DISTRiC7 and the DISTRlCT, which has authority to acquire such facilities, wili acquire the Mississ+ppi Outlet Branch. 1 of 3 � SECTION 3. �onveyance of tfie Mississippi Outiet Branch � �-ya? a) The CITY wilf convey to the DISTRICT, by quit claim deed or other appropriate instruments of conveyance in form satisfactory to the DISTRICT, alf of the C1TY's right, titie, and interest in and to the Mississippi Outlet Branch. Exhibit C, "Conveyance of Easement Rights", is attached hereto and incorporated into this agreement. The ClTY wiil transfer the Mississippi Outlet Branch to the D1STRlCT effective upon execution of this agreement. The C1TY will also convey any permits, licenses, easements, or other property rights which the CITY holds and which are necessary for the location, operation, and repair cf the Mississippi Outlet Branch. The DlSTRlC7 agrees to be responsible for recording such easements. b) The Cl7Y agrees to be responsible for correcting any errors in the {ega{ description of any real property that the CITY conveys to the DISTRICT. The DISTRICT agrees to be responsible for acquiring and transferring the easements or access rights necessary for location, operation, and repair of the Mississippi Outiet Branch, if such easements or access rights are not owned by the CITY as of the effective date of this agreement. c) The DfSTflICT wi11 aliow the CI7Y to utilize certain portions ofi easements or other access rights, as necessary to locate, operate, or mainiain existing CfTY facilities that cross or are connected to the Mississippi Outfet Branch. SECTION 4. Condition of the Mississippi Outlet Branch The CITY will convey and the DfSTRICT agrees to accept the Mississippi Outiet Branch in "as is" condition, i.e., the condition the Mississippi Outlet Branch is in as of the date of the deed or other instrument conveying the Mississippi Outlet Branch. All casts for repairs to the conveyed Mississippi Outlet Branch will be the respansibility of and borne by the DISTRIC7. SECTlQN 5. Acquisition Costs The ClTY will convey the Mississippi Outlet Branch and easement rights to the DISTRICT for the sum of One Doflar ($1.00) and other good and valuab{e consideration. SECT{ON 6. Inspection Costs The DiSTRICT wifi reimburse the CITY for the amount of Fourteen Thousand Five Hundred Ninety-7wo Dollars and 0011 �0 Cents ($14,592.00) advanced to The DISTRIC� by the CITY tor preliminary inspection of the Beltiine Interceptor. The CfTY witl invoice the DISTRICT for the inspection Costs upon execution of this agreement. The DISTRfGT will pay the invoice within thirty {30) days of receipt ot the invoice from the CITY. 2 of 3 9 7-�f�-� tN WiTNESS WNEREOF, the parties hereto have executed this Agreement, the day and year first above written. C1TY QF SAlNT PAUL, MINNESOTA RAMSEY-WASNINGTON METRO WATERSHED DISTRICT tVorm Coleman, Mayor By f� Stacy M Beeker, Director Depa�tment of Public Works Martha Larson, Director Office oi Technology App�d as to f rm� 5 Assistant City Attomey Cfifton J. Aichinger, Administrator Approved as to form: Raymond O. Marshaii Watershed District Counsel 3 of 3 N I �� - o'd �1" i 1 h� � � ; . � ( . �- �� ,� � �. � i � � �; � a �. ti , '�•, + � y9N/W�ilS� ,� �: / Y : � r �� / , /, OV I I � u7.t739mi _. ��i i � o1zdS` ' � e. ::92'0'.2L � -� � �� :� �.`� yN13 •� _ _ z �� %Ftb�2�� vt L � � � � 'Q 1 4 �� A~' P " ti � '�_ . 3 , �. �. e 4 ;t� t S6: v3�rd�� <- 6°" � � oy R . ..(�Q� ' m � . �^:J` \ ; � J ' . � � � �� a ,�� V � � W r ...' � O a o. � N � � F— m _ W ��f--------------- ---i 1 ' �' � `-- � �; � � :1a 1 � I {� : Ysco"� 1 �4� . , ,a;"'a'.�, I � �'Z � Q �__ '1\/ ' `I �` . _ � ' �f • . t _.� O : �� a o° O,`ary` �u � 1 , �� ` � Q � o� 4 i � —5 i ; -- — ----._. .. �a �� I s N � � O z �z \� \ .YT j � r> , �'� �� 1 j�� ,� � 97-`��7 �� ry �O V 0 0' t � i Ta\ . 7 . i g � P �J �' "`� "J ��. Q• �L . .� � �' �, .. �` � � n � �� / �� \��\y�\QQ� EXHt81T C Conveyance of Easement Rights 97-�� KNOW ALL NIEN BY THESE PRESENTS that the City of Saint Paui, a Municipal Corporation under the laws of the State of Minnesota, is the holder and owner of the easement rights herein described: SEE EXHIBIT "A", in consideration of the sum of One Doilar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby conveys and quitclaims to the Ramsey Washington Metro Watershed DisYrict, a duly constituted 1vletropolitan Agency under the laws of the State of Minnesota, the above described easement rights. To have and to hold the same forever. The City of Saint Paul covenants that they are well seized in the rights of the above mentioned easement and have good right to convey the same of their own free will. That the Ramsey Washin�ton Metro Watershed District, by acceptance of these easement rights, agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees, from all suits, actions or claims of any character brou�ht as a result of injuries or damages received or sustained by any person, persons or property on account of this conveyance or Ramsey Washington Metro Watershed DistricYs use of these easement rights, including, but not limited to a claim brought because of any act of omission, neglect or misconduct of said Ramsey Washington Metro Watershed District or because of any claims of liahility arising from any violation of any law or re�ulation made in accordance with the law, wheiher by the Ramsey Washington Metro Watershed District or any of its agents or employees. IN TESTIMONY WHEREOF, the City of Saint Paul, have caused this conveyance to be executed and attested to this on the day of , 19 CITY OF SAINT PAUL MAYOR Approved as to form: DiRECTOR - Pinance & Management Services C1TY ATTORNEY CITY CL�RK � �l7 ACKNOWLEDGEMENT The forgoing instrument was acknowledged before me this _ day of , 19 _ by Mayor of the City of Saint Paul, by , Director ofFinance & Management Services for the City of Saint Paul and by , Gity Clerk for the City of Saint Paui. Stamp or Seal: NQtary Public . �;� ti ` �aSemerit �oi' a public sen%er on a strip of lancl 20 feet in R�idth on anct acro'ss the ri�ht of �%ay of the St. Paul � Briclge ancl Terminal Rail- Rti��, Chica�c,, �iil�vaui.ee & St. Paul Rai1R•ay, the Chicago. Eurlinaton and Quincy' P.ailRay, anc. miscel- laneous Yracts, aii within the •:;•E?j�. Section 4. To«n 2S \. Ran�e 2? �%., and the ti�t"3!�, 1ZZ%3�,. Szction 3. Ton'n 33, Pange 23, from�the ,�Iissis- siYPi P.itier to Burns Ave., the cen- tec line of saicl strip being a line de- scribeci a.s folla«s: Commencin3 at the intersection of the north ana souih quarter line o� Section 4. To�cn 2S, N, Ran;e 2? titi. �rith the joint richt of � line of the Chica^o, Burlin�ton cC G2uinC�' P�'. and the Chica�o, IIiI- �saul:ee and St. �aul Rc. 15i6.��6 feet south of the north line of saicl Sec- tion 4. � thence southeasterly alon� the joint right of n•ay line of the C. S. & Q. Ry. and C. �I. �C St. P. Ry. mal:in� an an,te of i0 de�rees 4a minutes �rith the s�id quarter line �83-�.4a feet to an iron monument. 'then�e on last cteserioeci �line .pro- ciuced a distan,ce of 97.6.60 feet to z point on the center line of tfie ease- ment. From this point the � center line of the e�.settlent runs south�cest• eriy at an anole of.63 deo-rees, 53 minutes, �cith the last descri6ed linr to the l�Iississippi ]3iver, and north• e�sterly at the same angle a dis- tance of 1S9. 35 feet: thence to�th� ri�ht by an an�le oE 59 de�rees. 11 minutes _ 1 distance of - 133.S5 feet: thence to the rinht b3" an �anale oP �9 degrees. 11 ri�inutes. "a'distance ot �#?0.63 fee_t; thence to the left by an�� a�igl� of 65 degrec•s, 02 u�inutes, a disiance of i21.52 feet; thence to the � right Uy an ang7e of ZO degrees, 3� ': i�iinutc-s, a distarice of 952.90 ft.;"� thence to the ri�ht by an an�le of.,.;:� 3� degrees, 05 ininutes, a distance of .::_ 309,00 ft,; thence to the left by an angle of 47 de�rees, 24 �ninutes,' 8 diGtance of 346.50 ft. to a Point on � Uie center line of the Point Douglas Road 563.1 feet irom the intersec- tion of the centc-r lines of 73urns A��e. and the Point Doualas Road, meas- ured�along the center line of Point Douglas Foad. Tl�ence to the left by an angle of 20 degrees, U3 minutes, a distance o£ �54.10 ieet to a point on the center line of Eurns 3��e. 2G0 it. ea�t of �tna St. � t�XIL1�Jf �A" ; :: �7 � ,•`. �i ✓ CON7RACTNO. 9 � T�7 BELTL111E STORM SEWER 1lJTERGEPTOR MAINTENANCE AGREEMENT AN AGREEMENT, dated this of . i997, by and between the RAMSEY-W.4SHiWGTON METRO WATERSHED DISTRIC7' hereinafter called the "DISTRICT", and the C1TY OF SAtNT PAUL, Minnesota hereinafter caifed ine "CiTY°, WHEREAS, the DfSTR{CT is the owner of the Beltline Storm Sewer interceptor hereinafter cal{ed the "Interceptor", located in the City of Saint Pauf; and WHEREAS, the DISTRiCT has determined ihat the general maintenance ofi the fnterceptor can besi be provided by contracting with the ClTY to perform this service on behalf of the DISTRICT as an independent contractor; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the DiSl"RiCT and the CiTY agree as folfows: SECTION 1. Definitions a) Beltline Storm Sewer Interce�tar means the storm sewer as shown in Exhibit A, attached hereto and incorporated into this agreement. This storm sewer is generally described as foliows: from the overfilow at Beaver Lake west to Margaret and Birmingham and trom ±he overflow at Lake Phalen south to and including the ouilei io the Mississippi River. SECTtON 2. �cope of Services During the period from the execution of this agreement through December 31, 1999, the C1TY, as an independent contractor, wifl perform generai maintenance on the Interceptor. in performing general maintenance on the inierceptor, the CITY shaA: a. Meet with the DISTR{CT annua{ly to review the results of the DISTRICT's inspection of the Interceptor and to determine the necessary work to be performed and the schedule of such work for the foilowing year. b. Comply with aq state laws and the lawful rules, regulations and orders of any state agency regulating the work performed and the materials furnished under this Agreement. c. Maintain the Interceptor in good operating condition for the conveyance of siorm water. d. PerForm preventative maintenance services as may be required to preserve the interceptor and maintain its full capacity and condition, inciuding, but not {imited to, fiushing, scraping, discing, roddinq, and inspection of the system; and perform such other work on the lnterceptor as is mutually agreeable and which is reasonable and normal. 1 of 4 9��7 e. Provide all labor, materials, supplies, tools, and equipment necessary for the pe�fiormance of ail work required by or under this Agreement. fi. Provide ail supervisory personnel necessary for the supervision of the above work. g_ Provide surface support creNr for the DISTRICT and the DISTRICT's Engineer upon adequate notification from the DtSTRICT. �ISTRIGT to obtain necessary permits. h. Provide the DISTRICT, upon adequafe notification, access to the CITY's detention ponds to allow the D15TRICT fo access the Interceptor. SECTION 3. Additional WQrK Additionai unschedu(ed maintenance may be performed by the CITY with mutual agreement between the DISTRICT and the CITY. SECTION 4. Extraordinary Maintenance or Construction The CITY shall not be required to do any work under this Agreement which constitutes extraordinary maintenance, betterment, construction, or reconstruction of the Interceptor. In the event that such work is necessary, the CITY and the DlSTRICT shall enter into a separate agreement specifying the work to be performed and the payment for such work. SECTIaN 5. lnspection The DISTRICT's engineer will perform the inspection of the Interceptor. _ SECTION 6. _ Emergency Repair !n the event of an emergency, the CITY may proceed with repairs as necessary with appropriate notification to be given to the DISTRtGT within 24 hou�s of such emergency. Notification shail be to the DISTRICT Administrator or the designated representative. SECTION 7. Independent Contractor The parties agree the CI7Y is an independent contractor and thet all persons periorming services under this Agreement ase employees of the CITY or its contractors or agents, and are not employed by or employees oI the DISTRICT. SECT{ON 8. SubcQntractor The C{TY, with the approvaf of the DiSTR{CT, may enter into a contract with a third person whereby such person performs on befialf of the C4TY and under the direction of its supervisory parsonnel, a part of the work required by or under this Agreement. Aff contracts and agreements made by the CI7Y with third persons for the performance of any work required by this A�reement shalf be subject to the terms of this Agreement, and a provision stating this shail be inserted in ail such contracts. SEC710N 9. Indemnitv The parties agree that the D{STRICT shali not be responsible or liable in any manner for any cfaim, demand, action or cause of action of any kind arising out of the CITY'S neglect, performance, or failure to perform the work required by this Agreement and within the scope of this Agreement, or arising out of the neglect, performance or failure to perform such work by any contractor of the CIlY 2of4 performing any of the work provided herein; and the CI'fY agrees to indemnify the (�� DISTRIGT, its oificers, and emp{oyees and to save and keep them harm{ess from aff losses and expenses incurred as a resuit of any claim, deed, action or cause of action arising out ot fhe negligence or aileged negligence of the CITY or any such contractor. SECTiON i 0. Silling and Payment The DtSTRICT agrees to pay to the Cil'Y an amount equal io the cost of all labor and of supplying al( materials, supplies, tools and equipment, reasonably necessary for the performance of work required by this Agreement. The parties agree that such costs shall comprise and be computed as foilows: a. Labor The cost of the labor for employees of the CITY shall be the sum of: (i) The estabiished houriy wage rate or raies of the persons performing the work multipiied by the number ofi hours worked; and (ii) actual overhead (Noted as a percentage of (i)), which shall represent indirect labor and overhead costs and shaii be subject to audit by the DISTRICT. b. Materials and Sugplies The cost of materials and suppfies furnished by the CITY, which shaii not be more than their delivered cost to the CITY. c. Tools and Equipment The cost of toois and equipment furnished by the CITY shaA be computed in accordance with a standard hourly rental rate schedule to be submitted by the C1TY and approved by the DfSTflIC7. Charges shall be assessed only for hours of actual use. d. Gontract Costs The amount required io be paid under contracts approved by che DISTRICT to contractors of the CITY for performance of work required by this Agreement, plus direct costs incurred by the CITY in administering such contracts, which shaN be agreed on when any such contract is approved. e. illin in consideration for the CfTY'S faithfui performance of this Agreement, the DISTRICT will reimburse the CITY for work performed, as determined by the DISTRICT'S representatives and based on itemized statements. Statements to include a breakdown of labor, materials, suppiies, tools, equipment and contract costs. f. Payment Payment shaii be made within thirty (30) days afiter submission ofi an invoice by the CITY. SECTION 1 i. Inspection of Work The Interceptor may be inspected by the DISTRICT to detersnine whether the work required to be performed under this Agreement is being performed satisfactorily. SECTI�N 12. Entire Agreement it is understood and agreed that the entire Agreement supersedes ali oral agreements and negotiations between the parties relating to the subject matters hereof. 3of4 • SECTION 13. Termination This Agreement may be terminated by the r � — �o Z 7 DISTRICT or the CITY at any time with or without cause upon ninety (90) days written notice to the other party. In the event of such a cancellation, the CITY shall be entitled to payment determined on a pro rata basis tor work or services satisfactorily performed. IN WITNESS WtiEREOF, the parties hereto have execufed this Agreement, the day and year first above written. CITY OF SAINT PAUL, M{NNESOTA � �'L�'J � Norm Coleman, Mayor Stacy M. Becker, Director Department of Public Works Martha Larson, Director Office of Technology Approved as to form: RAMSEY-WASH{NGTON METRO WATERSHED DISTRICT � Ctifton J. Aichinger, Administrator Approved as to form: Assistant City Attorney Raymond O. Marshafl Watershed District Counsel 4 of 4 > � 7 �o� �9 � � y 9 !�. 2 BIRMINGHAM-MINNEHAHA POND MINNEHAHA BEECH MARGARE7 o a ETNA-THIRD p '¢ POND � m w w N f- 4 � S �� e�. �,P l S71LL1YAiER 0 a � HAZEI-ROSS < V � POND p � �� s ' BUSH � 0, �� Q Q � IVY-GERMAIN O W PONO TOPIC LANE MARYLANO POND Vyy SACKET7 PLAYGROUND ` MAGNOLIA POND A �� BIRMfNGHAM-YORK ppS POND w U � l 4 K = z � w 0 l�! � y Q F- W �.$. � J4 ¢ x � z � � m N �R R� ��S `I�P b�i �'s s, � A / � EXHIBIT A BELTLINE STORM SEWER INTERCEPTOR