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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-17- 10.0 COMMUNITY RELATIONS PLAN • The State will develop a Community Relations Plan which the EPA and the State shall implement in carrying out the RA. The City shall assist either agency in community relations associated with this RA upon its request. 11.0 LIABILITY TO THIRD PARTIES Nothing in this contract is intended to be construed as .a waiver of the Minnesota Torts Claim Act, Minn. Stat. SS 3.736 et seq. (1988) or any other law, legislative or judicial, limiting government liability. Neither party shall defend, indemnify, or hold harmless the other framm any claims, damages, losses, and expenses including those incurred as a result of willful, reckless or negligent act or omissions. The State agrees to require- its project construction contractor, for the period prior to completion of project construction, and the City agrees, for the Extended RA period, to cavy appropriate amounts and types of insurance including but not limited to general liability, fire and damages, appropriate to cover any events arising from or related to the treatment facility and pipeline. This insurance shall cover the period fiat the date the City is permitted Use of and Possession to the end of the Extended RA. The State will require the construction contractor to name the City as an additional insured on the construction contractor's insurance policies. • 12.0 COST RECOVERY The City agrees to cooperate and coordinate with the efforts by the EPA and the State to recover the EPA and State costs for the RA taken at the Site described herein. This shall include making available evidence and witnesses in the preparation and presentation of any EPA or State cost recovery action, except any documents or information which may be confidential under the provisions of any applicable State or Federal laws or regulations. 13.0 PRE-FINAL INSPECTIONS The City shall participate in the pre-final construction conference, to' be held upon preliminary project completion, to discuss the remedial action and operation and maintenance requirements. The State will provide the City five working days advance notice of, and an agenda for, this meeting. The City also shall participate in the pre-final inspection of the remedy to determine the project's completeness. The State Project Manager (PM) will provide the pre-final inspection report to the City for review. This report will outline outstanding construction items, actions required to resolve them, and anticipated completion dates for these actions. The City shall return any comments to the State PM within five working days of receipt of the inspection report.