RES 89-007 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA)

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• -8- 2.3 The City has designated Susan VanderHeyden, Acting City Manager, City of St. Anthony, 3301 Silver Lake Road, St. Anthony, Minnesota • 55418, (612/789-8881) , as the City Representative for this contract. This designation may change by official notice from the City Mayor to the MPCA. 3.0 ' STATE RESPONSIBILITIES 3.1 The State is not statutorily granted authority for obtaining easements; the City and EPA have easement authority. The State will, to the extent possible, assist the City in obtaining easements, or request EPA to invoke its authority to obtain easements, for the pipeline installation when the City requests assistance. 3.2 The State will provide the City with opportunity to review and comment on and approve, with such approval not being unreasonally withheld, proposed project changes resulting in materially increased costs to the City or material changes to the effectiveness of the remedy. The Project Manager will notify the City Representative on decisions made concerning the project. These decisions may enlarge the scope of work or increase cost of performance under this contract and this contract may be amended accordingly by the parties to this contract. The City shall not be required to pay increased costs which it has not first approved by an amendment to this contract or otherwise. The State shall transmit in a timely manner to the City Representative information on decisions made between the State and the EPA, time of meetings and inspections, and reports associated with the • RA. 3.3 The State has amended its NBCA with the EPA to provide the CERCLA required 10 percent nonfederal share of the RA costs by the State, to account for the CERC A-required 10 percent nonfederal share of the Extended RA by the City in accordance with Parts 6.0 and 7.0 of this contract, and to provide EPA's 90 percent shares of the RA and the ten-year Extended RA O and M costs. The State will assist the City in requesting the annual federal funding of the Extended RA and will provide the necessary state assurances to EPA and participation through required amendments to the NBCA or other State - EPA agreements. 3.4 The State will conduct the RA pursuant to the schedule set forth below, and to that end will award a construction contract through the State's sealed bid procurement system for the construction of the GAC facility, the building to house it, and the pipeline from well 5 to the GAC facility. Schedule dates reflect the State's current estimates; extension of these dates shall not relieve the city or the State of any obligations under this contract. The construction contract includes the plans and specifications which were developed by the EPA during the Remedial Design phase. The State is responsible for including the performance and payment bond in the construction contract. The State will contract with the EPA Remedial Design Engineer (Camp, Dresser & McKee, Inc. ) through a sole source • procurement for consultant engineer services to include assisting the State with oversight of the construction contractor and preparation of the operations and maintenance plan.