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HomeMy WebLinkAboutRES 84-021 RESOLUTION APPROVING THE SUBSTATE AGREEMENT AND STATE GRANT AGREEMENT BETWEEN THE MINNESOTA POLLUTION CONTROL AGENCY AND THE CITY OF ST. ANTHONY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII , 102486 Box: 23 Folder: RES 1984 Document: RES 84-021 RESOLUTION APPROVING THE SUBSTATE AGREEMENT AND STATE GRANT AGREEMENT BETWEEN THE MINNESOTA POLLUTION CONTROL AGENCY AND THE CIN OF ST. ANTHONY • RESOLUTION 84-021 A RESOLUTION APPROVING THE SUBSTATE AGREEMENT AND STATE GRANT AGREEMENT. BETWEEN THE MINNESOTA POLLUTION CONTROL AGENCY AND THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony desires application be made for financial assistance to implement measures for investigation and remedy of releases or threatened releases of hazardous substances into its water system; and WHEREAS, a declaration of emergency has been issued whereby expen- ditures from the State Superfund have been authorized to accomplish the project entitled "Water System Interconnection Initial Remedial Measure, St. Anthony, Minnesota" ; and WHEREAS, the Environmental Protection Agency and the Minnesota Pollution Control Agency have executed a Cooperative Agreement attached herewith, for the purpose of investigating ground water contamination in the St. Anthony area. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the Substate Agreement and State Grant Agreement between the Minnesota • Pollution Control Agency and the City of St. Anthony on behalf of the City of St_ Anthony. Adopted this jr) L� day of �a ��r� I 1984. Maydr ATTEST: Ua/l./ City Clerk Reviewed for administration: gym . City Manager 'ti i, AGREEMENT Between • MINNESOTA POLLUTION CONTROL AGENCY and CITY OF ST. ANTHONY I. SUMMARY LOCAL UNIT OF GOVERNMENT - City of St. Anthony PROJECT TITLE - Water System Interconnection Initial Remedial Measure St. Anthony, Minnesota COUNTY - Hennepin PERIOD COVERED BY THIS AGREEMENT - 4-1-84 through 10-1-84 TOTAL PROJECT CONTRACT CEILING $125,000 II . RECITALS A. Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) , the U.S. Environmental Protection Agency (EPA) is authorized to provide financial assistance, through Cooperative Agreements with • states, to implement measures for investigation and remedy of releases or threatened releases of hazardous substances. B. Pursuant to the Minnesota Environmental Response and Liability Act Minnesota Statute § 115B (State Superfund Act) the Minnesota Pollution Control Agency (MPCA) is authorized to expend funds from the Environmental Response, Compensation and Compliance Fund (Fund or Superfund) for Response Actions, and the MPCA Executive Director (Director) is authorized to expend funds from the Fund for Response Actions following Determination of an Emergency. C. On April 2, 1984, pursuant to Section 17, Subd. 1(b) of the State Superfund Act the Director determined that an emergency exists, and has authorized certain expenditures from the Fund to accomplish the work described in Part III.B.1. of this Agreement. D. Pursuant to Minnesota Statute Section 116.03, subdivision 3 (1982) the MPCA is authorized to enter into Cooperative Agreements on behalf of the state for the purposes of administering CERCLA funds. E. The EPA and the MPCA have executed a Cooperative Agreement (attached as Attachment 1 and incorporated herein) for the purpose of investigating ground water contamination in the Arden Hills, New Brighton and St. Anthony areas. L -2- F. 2-F. In conjunction with the Cooperative Agreement a consultant under contract to the EPA has issued a report entitled Alternative Screenin Temporary Water Supply St. Anthony, Minnesota, dated June 27, 1983. The report recommended construction of an interconnection of the water systems of the city of St. Anthony and the city of Roseville to provide potable water as an Initial Remedial Measure in the event that a city of St. Anthony municipal well(s) becomes unusable due to contamination. G. The Minnesota Department of Health has issued an "Advisory" to the city of St. Anthony to discontinue use of the ground water from municipal well #3 because of contamination by hazardous substances. H. The city of St. Anthony (hereinafter Local Unit) is a Local Unit of government in which a project to interconnect water supplies (Project) is planned. The city of St. Anthony is authorized to enter into this agreement with the MPCA and has represented that it is capable of carrying out the Project. III . AGREEMENT A. The Project consists of interconnection of the city of Roseville and Local Unit water supply systems via construction of approximately 1400 feet of 12 inch diameter water main along County Road C to Rankin Road, system isolation of an area containing approximately 400 residential units and a 35 acre commercial area by closing of system valves, and street/turf restoration. The Project description may be changed by the MPCA Project Leader by issuance of a • Work Order. The MPCA Project Leader for this Project is Douglas Day. The Project shall proceed by completion of at least the two Tasks described below III.B.1-2. Work by Local Unit on Tasks shall not begin until that Task is authorized by the MPCA Project Leader via issuance of a Work Order. B. Scope of Work 1. Design - Task 1 Task 1 of Project includes design of the facilities, pipes, valves and items necessary for interconnection of the water system of Local Unit and city of Roseville, and preparation of plans, specifications, bid documents, procurement of easements and permits, and other materials necessary to the planning and procurement of subcontractors for construction of said interconnection. Remedial Design (RD) costs shall not exceed $15,000. The interconnection to be designed will be described in a Work Order issued by the MPCA Project Leader and accepted by Local Unit. (see Part III.C.1. of this Agreement) . 2. Construction - Task 2 Task 2 of Project includes construction of the interconnection described above according to plans approved by the MPCA Project Leader and according to a Work Order (see Part III.C.1, of this Agreement) . Interim Remedial Measure ( IRM) costs shall not exceed $110,000. -3- C. Responsibilities of Local Unit 1. When the MPCA Project Leader and Local Unit agree on the work, schedule, and budget necessary to complete Tasks 1 and 2 of the Project, and MPCA has received appropriate authorization to expend CERCLA or Funds, the MPCA's Project Leader, may issue a Work Order directing Local Unit to complete the agreed upon Task(s) . Local Unit may agree to complete the agreed upon Task(s) by signature of the Work Order by Local Unit's Authorized Agent. The Local Unit's Authorized Agent is Mr. David Childs. Work Orders shall contain or incorporate by reference detailed descriptions of Tasks, Schedules of Tasks, and Budgets to complete Tasks. Work Orders shall state whether funds for the Task are from CERCLA or from Superfund. Work Orders shall become effective upon the date that both MPCA's Project Leader and Local Unit's Authorized Agent have signed the Work Order. Local Unit shall complete the work as described in the fully executed Work Order. 2. The Local Unit shall not, during the performance of this Agreement, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance or disability: (1) discriminate against any person with respect to hire, tenure, compensation, terms, upgrading, conditions, facilities, 'or privileges of employment; (2) refuse to hire a person seeking employment; or (3) discharge any employee. 3. It shall be the responsibility of the Local Unit to obtain all necessary local , State and Federal permits prior to commencing the Project - specified in this -Agreement _ 4. The Local Unit shall assume ownership, monitor, operate, manage and maintain the Project after completion of construction. 5. The Local Unit shall use all CERCLA and/or Superfund funds disbursed to it under this Agreement exclusively for the purposes of the Project. The Local Unit shall keep complete and accurate records which fully disclose the amount and disposition of such funds. Accounts and records related to the funds provided under this Agreement shall be accessible to authorized representatives of the MPCA for the purpose of examination and audit. 6. The Local Unit shall keep complete and accurate. records which -disclose the Local Unit personnel , equipment, supplies, contractual , cash, and other costs associated with the Project. These costs shall be applied toward the nonfederal share of the Project if CERCLA funds are expended. The Local Unit shall report such costs to the MPCA Project Leader monthly. Records of such costs shall be accessible to authorized representatives of the MPCA for the purposes of examination and audit. 7. The Local Unit may subcontract for the performance of any or all of the work to be performed under this Agreement subject to the following conditions: -4- a. 4-a. The Local Unit shall comply with all applicable State and Federal laws and rules in its selection of architects, engineers or contractors to perform any of the work required under the terms of this Agreement. b. Any contract between the Local Unit and any person with whom it contracts for the purposes of performing work under this Agreement shall provide that the MPCA is a third-party beneficiary to the contract. c. All contracts between the Local Unit and any person with whom it proposes to contract for the purpose of performing work under this Agreement shall be approved by the MPCA Project Leader prior to the execution of the contract by the Local Unit. The Local Unit shall provide the MPCA Project Leader with an executed copy of each contract within 10 days of the execution of such contract. d. The Local Unit shall retain its right to assign its contract with any person in regard to performance of work under this Agreement and any or all rights pursuant thereto to the MPCA. e. Pursuant to the April 24, 1984 MPCA Board resolution, the Local Unit shall obtain the MPCA Director 's written approval before any change order is made which results in an increase in the amount of funds needed to complete the Project or other changes, regardless of cost, which substantially alter the Project, or its efficiency, versatility or reliability. Such increased costs, authorized by MPCA's Director, shall be paid from CERCLA or Superfund funds. • f. The Local Unit shall be responsible for the satisfactory completion of all work required under any contract with respect to the Project and for the payment of all monies due under such contracts for which CERCLA or Superfund funds have been approved and provided. g. The Local Unit shall , as necessary, inspect all work performed under any contract with respect to the Project to insure compliance with the requirements of the contract. Upon completion of work performed under a contract, the Local Unit shall certify to the MPCA Project Leader that all work has been fully and satisfactorily performed in accordance with the requirements of the contract, to the best of the Local Unit 's knowledge. h. The Local Unit shall exert all reasonable effort to investigate claims that the Local Unit may have with respect to the work performed under this Agreement and, in appropriate circumstances, take whatever action, including legal action, that may be available to the Local Unit. D. Financial Participation for CERCLA Funded Activities 1. Cost Sharing for CERCLA Funded Activities a. Federal Share Certain Tasks of the Project may be funded at a level of 90 • percent by funds from CERCLA. Contingent upon receipt from EPA of CERCLA funds and subject to the limitations set out in Section III.D.l.b. , the MPCA shall provide to the Local Unit the Federal share for the purpose of completing the work required under this Agreement. -5- b. 5-b. Nonfederal Share The MPCA and the Local Unit are required by CERCLA to provide ten percent of the costs of CERCLA funded projects. The Local Unit shall contribute to the necessary ten percent nonfederal share in the form of "soft matches" of Local Unit personnel effort, equipment and supplies. The level of effort provided by the Local Unit shall be commensurate with the level of effort expended by the Local Unit on recent projects of a similar nature. The MPCA agrees to provide up to ten percent of the cost of the Project as approved by the EPA. The MPCA share will be in the form of contributed state personnel effort, equipment, and supplies, and, as necessary funds from Superfund. The MPCA share will be used only to make up any short fall between Local Unit's contribution and the necessary 10 percent nonfederal share. 2. Costs for Superfund Funded Activities Certain of the Tasks of the Project may be funded by the MPCA by funds from Superfund. The Local Unit shall contribute personnel effort, equipment and supplies at levels commensurate with the level of effort expended by the Local Unit on recent projects ,of similar nature. 3. Additional Work The Local Unit may, with the written permission of the Director, contract for expansion or additional work in conjunction with the Project scope • of work as funded and approved by the MPCA and EPA. All such additions and expansions shall be the complete legal and financial responsibility of the Local Unit. Such additions or expansions shall not substantially delay or hinder completion of the Project. The estimated costs and the scope of work for any such additions or expansions shall be clearly separated from the costs of the Agency and EPA funded and approved Project prior to the letting of any construction bids by the Local Unit. The costs for such additions and expansions shall be clearly identified to the MPCA Project Leader on invoices submitted to the MPCA Project Leader and shall be kept separate from costs for the MPCA and EPA funded portions of the Project. 4. Payment a. The Local Unit shall submit invoices to the MPCA Project Leader at least quarterly, or more frequently if requested by the MPCA Project Leader. Invoices shall be itemized in accordance with budget categories. b. The MPCA shall pay the allowable costs of each invoice to the Local Unit. c. Final payment by MPCA, not to exceed ten percent, shall not be made until final inspection and approval of the Project by the MPCA Project Leader. In addition, the MPCA may withhold grant payments in the following circumstances: -6- (1) 6-(1) If the Director determines that the Project does not substantially conform to approved plans and specifications or there has been a major breach of a condition of this Agreement, the MPCA may withhold all the unpaid funds. (2) If the Director determines that the Project does not conform to approved plans and specifications, but such non-conformity is not substantial , or is a minor breach of a condition of this Agreement, the MPCA may withhold up to ten percent of the unpaid funds. (3) If the Director determines that the Project has any other deficiency, the MPCA may withhold up to ten percent of the unpaid funds. (4) If funds are withheld pursuant to paragraph (1) , (2) or (3) above, and the condition causing such action has been corrected to the satisfaction of the Director, then all retained funds shall be released to the Local Unit unless otherwise agreed to by the Director and the Local Unit. E. Agency Rights In addition to any other remedies, the MPCA may seek to recover from the Local Unit any or all funds tendered or disbursed for the Project if it is designed,. constructed or operated and maintained contratry to this Agreement. If any such default exists the Director shall give the Local Unit written notice thereof and a reasonable period of time to cure the default. • F. General Conditions 1. This Agreement is subject to the conditions of the Cooperative Agreement between the MPCA and EPA dated June 17, 1983, Attachment 1. 2. This Agreement is subject to EPA's procurement regulations (40 CFR Part 33) , and EPA's general grant regulations (40 CFR Part 30) . 3. This Agreement shall be effective on the date it is executed as to encumbrance by the Commissioner of Finance and shall remain in effect until October 1, 1984, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. 4. All amendments to this Agreement shall be in writing duly executed by the parties. 5. This Agreement may be funded in part by a grant from EPA. Neither the United States nor the EPA is a party to this Agreement. • -7- Date: 7-Date: MINNESOTA POLLUTION CONTROL AGENCY By Executive Director Date: M �� �� OF ST. A THONY By 6'p Mayor of St. Anthony By City Manager Approved As to form and Execution by the • Attorney General By Special Assistant Attorney General COMMISSIONER OF ADMINISTRATION Date By Authorized Signature COMMISSIONER OF FINANCE ENCUMBERED DEPARTMENT OF FINANCE By Title Date