CC RES 93-023 RESOLUTION AUTHORIZING THE MAYOR AND CIY MANAGER TO SIGN THE AMENDMENT NO. 4 OF THE GRANULAR ACTIVATED CARBON WATER FILTRATION PLANT

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STATE OF MINNESOTA 0Minnesota Pollution Control Agency Amount $1,505,485.00 City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 AMENDMENT NO. 4 TO CONTRACT NO 32300-19754 WHEREAS, the state of Minnesota, Minnesota Pollution Control Agency (State) , has a contract identified as Contract No. 32300-19754 with the city of St. Anthony (City) to rehabilitate city well #3, obtain pipeline easements and provide operation and maintenance for the Granular Activated Carbon (GAC) Water Filtration Plant, and WHEREAS, paragraph 4.1 provides in part that: The City shall furnish the necessary personnel, materials, services, land and other facilities to perform its responsibilities under this contract for the portions of the project described in this part and for its 0 and M (operations and maintenance] according •to the 0 and M Plan. WHEREAS, the extended Remedial Action (RA) period began April 1, 1991, WHEREAS, paragraph 4 .5 provides that: The City shall pay for the 1016 nonfederal share of the 0 and M costs of the Extended RA ten-year period, and 10016 thereafter without State or EPA assistance for the life of the remedy. WHEREAS, paragraph 4 .6 Task 3 Operations and Maintenance provides in part that: The City shall conduct operation and maintenance as described in this contract and according to the 0 and M Plan to be prepared by the State's Consultant Engineer. This contract is contingent on 100 percent funding of tasks 1 and 2 above from the State through the State's NBCA with EPA, and 90 percent federal funding of Task 3 for the first ten years of the Extended RA. It is the intention of the parties that this contract shall be amended, when 0 and M costs are finalized at the conclusion of the construction phase, to provide 90 percent 0 and M cost reimbursement to the City from the State through the State's NBCA with EPA for the shakedown year. Prior to the end of the shakedown year, the City shall prepare and, subject to EPA approval thereof, administer a separate cooperative agreement with EPA which addresses the last nine years of the Extended RA. The City's cooperative agreement with EPA will allow the City to communicate and deal directly with the EPA rather than through the State. After the end of the Extended RA, the City shall continue to conduct operation and maintenance for the life of the remedy in •such manner as to ensure the effectiveness of the remedy.