HomeMy WebLinkAboutRES 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) 'Meeting Sheet
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102307
Box: 23
Folder: RES 1989
Document: RES 89-007 RESOLUTION AUTHORIZING THE MAYOR AND
ACTING CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE
CIN OF ST. ANTHONY AND THE MINNESOTA POLLUTION CONTROL
AGENCY (MPGA)
RESOLUTION 89-007
A 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)
WHEREAS, the Environmental. Protection Agency and the
Minnesota Pollution Control Agency have executed a
Cooperative Agreement for the purpose of Remedial
Investigation through Remedial Action activities re-
lated to the ground water contamination in the St.
Anthony area; and
WHEREAS, the contract attached hereto sets forth the
responsibilities and tasks of the parties involved in
said Remedial Action.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and
Acting City Manager are hereby authorized to execute
the agreement between the City and the MPCA on behalf
of the City of St. Anthony.
Adopted this day of , 1989.
Mayor
ATTEST• J
.City Cler
Reviewed for administration:
Acting City Manager
1
STATE OF MINNESOTA
COtrRACP[]AL (non-state employee) SERVICES
Agreement between NOT TO EXCEED
Minnesota Pollution Control Agency
and $53,660.00,
CITY OF ST. ANTHONY
TRN. Fy ACCOUNT DEPT/DV SEQUENCE NO. SUFFIX OBJECT VE MR/TYPE AMOUNT
No. I.D.
A46 r3aS3 3a 3� l �'� . o I ( �"� 06 53,X60' acs
PURCH ASSET NO. C.CD.1 C.CD.2 C.CD.3 COST CODE 4 COST CODE 5
TERMS
TYPE OF TRANSACTION:
I A40 A41 0(oll LI�� )��ZJ J Entered by�e'
Date Number
• A44 A45 A46 Entered by
Date Number
WHEREAS, the concentration of organic solvent contaminants are increasing
in the City of St. Anthony wells 3, 4, and 5; and
WHEREAS, the United States Environmental Protection Agency (EPA) has
conducted a Phased Feasibility Study and identified that a granular activated
carbon (GAC) treatment facility (facility) for contaminated. ground water from
St. Anthony wells 3, 4, and 5 and a pipeline connecting well 5 to the facility
is the preferred Remedial Action (RA) alternative; and
WHEREAS, the EPA, in its Record of Decision (ROD) has approved and selected
this RA; and
WHEREAS, the RA is one of several remedies being pursued at the Twin Cities
Arany Ammunition Plant/New Brighton/Arden Hills/St. Anthony (TCAAP/NB/ AH/SA)
Site; and
WHEREAS, the EPA is authorized pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) as amended to provide
financial assistance, through cooperative agreements with States to implement
measures for investigation and remedy of releases or threatened releases of
• hazardous substances; and
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WHEREAS, the Minnesota Pollution Control Agency (MPCA) is authorized
pursuant to the Minnesota Environmental Response Liability Act (MERLA) , Minn.
Stat. S 115B (State Superfund Act) to expend funds fresm the Environmental
Response, Compensation and Ccmpliance Fund (Fund) for response actions; and
WHEREAS, the MPCA has authorized certain expenditures from the Fund to
accomplish the work described in this contract; and
WHEREAS, the MPCA is authorized pursuant to Minn. Stat. § 116.03, subd. 3
(1988) to enter into cooperative agreements on behalf of the State of Minnesota
(State) for the purposes of administering CERC A funds; and
WHEREAS, the EPA and the MPCA have executed a Cooperative Agreement for the
purpose of Remedial Investigation/Feasibility Study (RI/FS), Remedial Design
(RD), and Remedial Action activities related to ground water contamination in
the New Brighton, Arden Hills and-St. Anthony areas; and
WHEREAS, to fulfill the requirements of CERCZA as amended, the State will
provide the 10 percent nonfederal share to match the EPA 90 percent share. of
funding as described herein for the construction of the RA; and
WHEREAS, the City of St. Anthony (City) is a local unit of government in
which a RA project for a GAC facility and pipeline is planned, the City is
authorized to enter into this contract with the MPCA, the City Council has
approved the attached resolution granting such authority, and the City has
represented that it is capable of carrying out certain portions of the project;
• WHEREAS, to fulfill the requirements of CERC-A as amended, the City will
provide the 10% nonfederal share to match the EPA 90% share of funding as
described herein for the Operation and Maintenance (0 and M) of the remedy for
the first ten years;
WHEREAS, the State commits to accept transfer of title of the GAC facility
and pipeline frcam EPA;
WHEREAS, the State agrees to permit use and actual possession of the GAC
facility and pipeline by the City; and,
WHEREAS, the City agrees to accept the use and actual possession of the CAC
facility and pipeline after the project construction is completed in accordance
with the plans and specifications and accepted by the City, State and EPA;
NOW THEREFORE, it is agreed by and between the MPCA on behalf of the State
and the City:
1.0 DEFINITIONS AND PURPOSE
1.1 Definitions
City City of St. Anthony
City Representative
40 The designated contact person with authority to
represent the City in matters relating to this contract.
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comprehensive Environmental Response, compensation and
Liability Act (CERCJ-A)
• The federal act as amended, 42 U.S.C. §§ 9601 et seq. ,
which provides for cleanup of hazardous waste. It is
the source of the federal Superfund money used to pay
for activities related to cleanup of the TCAAP Site and
provision of a safe permanent water supply for the City
of St. Anthony.
Construction Contractor
The State's Contractor who will construct the GAC
facility, the building to house it, and the pipeline.
The State will procure the construction contractor by
the Sealed Bidding Method, using a posted bidding
process for electrical and mechanical subcontractors.
Cooperative Agreement
An agreement between EPA and the State or City which
provides for an exchange of EPA funding for the
accomplishment of tasks authorized by CERCLA. It
provides project information, a budget, specific
conditions and assurances documentation.
Extended RA
• The ten years of 0 and M funded 90 percent by EPA and 10
percent by the City, which follows the date certified in
the Interim RA report that the project is complete and
the remedy is operational and functional. It includes a
Shakedown year and the following nine years of 0 and. M.
Interim RA Report
A document prepared by the State's Consultant Engineer
within 60 days after Final Inspection. It describes
resolution of items from the prefinal inspection,
certifies that the work in-the construction contract was
performed, explains any modifications, and certifies
that the remedy is operational and functional.
Life of the Remedy
The duration of the time of need for GAC treatment of
contaminated water to provide a safe drinking water
supply for the City.
New Brighton Cooperative Agreement (NBCA)
An agreement between EPA and the MPCA, for the State of
• Minnesota, which provides funding for a variety of
activities related to the TCAAP site and area ground
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water contamination. The NBCA finances Remedial
Investigation, Feasibility Studies, temporary water
• supply remedies, and the St. Anthony water supply
remedial action.
Operations and Maintenance (0 and M)
The continued performance of activities after
construction to ensure the sustained effectiveness of
the remedy. 0 and M specifically begins with the date
certified in the Interim RA Report that the construction
is complete and the remedy is operational and
functional. 0 and M continues until the remedy is no
longer needed. 0 and M includes:
- 1 year of 0 and M shakedown) Extended RA
- 9 years of 0 and M )
- indefinite number years of 0 and M to end of life
of remedy
0 & M Plan
The document itemizing necessary 0 and M activities,
prepared by the State's consultant Engineer, reasonably
approved by the City and the State and completed by the
date of the Final Inspection.
• Plans and Specifications
The engineering statement of particulars which clearly
defines the construction aspects of this remedy. In
this case, the State's construction contractor is
responsible for performing the work described in the
construction contract according to the plans and
specifications developed by EPA's Remedial Design
Engineer.
Project
The construction and activities related to the
construction of the remedy according to RD plans and
specifications. The project will consist of
constructing a GAC facility. The facility will be
capable of treating 3.1 million gallons per day. The
facility will house 8 GAC contactors with each contactor
having an approximated carbon capacity of 20,000 pounds.
The treatment facility will also have a control room,
chemical feed systems, and all associated piping and
instrumentation.
The project will also consist of constructing a 12-inch
ductile iron watermain approximately 5500 feet to
connect existing St. Anthony well 5 with the existing
• and new water treatment facilities. A highway boring at
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Silver Lake Road and 34th Avenue and railroad boring
near Silver Lake Road and 37th Avenue will be included
in the pipeline work. The project is further described
in paragraph 1.2.2 below.
Project Manager
The person designated by the State to coordinate,
monitor and manage the project and to be the point of
contact in matters related to this agreement.
Project Site
The City property and easements areas on or through
which the remedy is to be constructed..
Record of Decision (ROD)
The documentation of the EPA's decision making process
for approving federal fund-financed remedial actions
under CERCLA. The ROD for the St. Anthony remedial
action, dated March 31, 1987, is one of several needed
for the TCAAP Site. It stated that the GAC treatment
facility and the pipeline fra, well 5 to the facility
along with 0 and M for 10 years is the selected remedial
action for the contaminated St. Anthony water supply,
• and that treated water should be discharged into the St.
Anthony municipal water distribution system.
Remedial Action (RA)
The RA consists of rehabilitation of well #3;
construction of a GAC treatment facility to treat water
frmm wells #3, #4, and #5 (including facility access
road) ; construction of a pipeline to connect well #5 to
the GAC facility; preparation of RA operations and
maintenance (0 & M) plan for 10 years; and start up.
Remedial Design (RD)
The phase of remedial activities during which the plans
and specifications are produced and incorporated into a
bid package acceptable to the EPA, the City and the.
State. The EPA assigned its consultant Engineer, Camp
Dresser and McKee, Inc. , to prepare the plans and
specifications for the St. Anthony Water Supply RA. The
State and the City have been reviewing.
•
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Remedy
• The action selected to prevent or minimize the release
of hazardous substances. In this case the remedy is the
construction and utilization of a GAC treatment facility
and pipeline, to minimize the effects of the release.
This remedy is construction during RA and utilization
during the Extended RA and thereafter until it is no
longer needed to protect the public health and to
minimize the effects of the release.
Subcontract
Any contract(s) let by the City to accomplish work under
this agreement. (Technically, this contract is a
subcontract to the NBCA wherein the MPCA is considered
the recipient of federal funding and also subject to the
Model Subagreenent Clauses of CFR Part 33) .
TCAAP Site
The approximate 25 square mile area including the Twin
Cities Army Anamuiition Plant (TCAAP) and any other areas
contaminated by the migration of hazardous substance,
pollutant, or contaminant from TCAAP. The MPCA staff
determined that the contamination in the St. Anthony
water supply is due to migration of contaminants from
TCAAP, so the St. Anthony Water Supply is considered
part of the TCAAP site.
1.2 Purpose
1.2.1 This contract is an agreement between the MPCA, on
behalf of the State, and the City to provide for the payment of
the nonfederal 10 percent match for the 90 percent federal
funding of RA and extended RA to provide for performance of
certain tasks related to construction of the project, to provide
for 0 and M and to pass several assurances between the State and
the City regarding this RA and the Extended RA.
1.2.2 The project consists of the construction of a GAC
facility to remove volatile organic ccmpounds from the
contaminated water from St. Anthony wells 3, 4 and 5, provision
for discharge of the treated water into the municipal water
treatment plant'and distribution system, and construction of a
pipeline connecting well 5 to the GAC facility, according to the
EPA's ROD and EPA's plans and specifications. Project activities
will include:
1. Rehabilitation by the City under this contract of City
well 3 to assure long-tern operation.
•
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2. Construction and start up of a GAC treatment facility by
the State through the State's construction contractor
• obtained by letting bids, to treat water from wells 3, 4, and
5, including a facility building and access road.
3. Acquisition of easements by the City for the pipeline,
provided that funds are made available to the City for such
task by the State through the NBCA.
4. Construction of a pipeline by the State through the
State's construction contractor, to connect well 5 to the GAC
facility.
5. Preparation by the State through the State's consultant
engineer of the 0 and M plan for use by the City.
6. Shakedown by the City of the project facilities (the
first year of the ten-year Extended RA period), provided that
the cost of shakedown will be funded 10 percent by the City
and 90 percent by the EPA.
7. 0 and M by the City during the next nine years of the
Extended RA period, provided that the cost of 0 and M will be
funded 10 percent by the City and 90 percent by the EPA.
8. 0 and M by the City after the completion of the Extended
RA period for the' life of the remedy.
• 1.2.3 Part 4.0 of this contract describes the tasks to be
performed and the manner of performance under this contract.
This contract may be amended if the parties agree to undertake
additional activities beyond the scope of the work described in
Part 4.0.
1.2.4 The contract delineates the responsibilities of the
parties and provides assurances required by CERCIA as amended.
1.2.5 This contract will become effective upon execution by the
State and the City, and shall remain in effect for the life of
the remedy, until completion of the activities and any agreed
amendments hereto.
2.0 PARTIES
2.1 This contract is entered into by the. MPCA and the City of St.
Anthony. The MPCA Commissioner has been delegated the authority to
enter into remedial action contracts for this project by the MPCA
Board. The Mayor and City Manager are authorized by the attached City
Council Resolution (Attachment 2) to enter into this contract.
2.2 The State has designated Nile Fellows, Project Manager, Ground
Water and Solid Waste Division, Minnesota Pollution Control Agency,
520 Lafayette Road North, St. Paul, Minnesota 55155, (612/296-7715) ,
• as the Project Manager of this contract. This designation may change
by official notice from the MPCA Commissioner to the City.
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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.
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The estimated schedule is to open bids in July 1989, after a
minimum of 30 days of advertisement, and to award the bid in twenty
• working days. The successful bidder has ten working days to submit
required documents and sign the contract. The State then has ten
working days to sign the contract. A notice to proceed will be-issued
in 5 to 30 days and the construction contractor must commence within
ten days and complete his work within 485 days.
4.0 CITY RESPONSIBILITIES
4.1 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 according to the 0 and M Plan. The City
agrees that it shall not use the land on which the project is
constructed or land -necessary -for the operation of the project for any
other use which interferes with that operation, for the duration of
the life of the remedy.
4.2 The City shall obtain those necessary and appropriate City
permits identified by the State. The State's construction contractor
will be required to obtain other permits required in the construction
contract.
4.3 When requested by the State, the City shall provide comments on
reports and assistance related to the municipal water supply during
the project. This time spent is a City contribution and is not
• reimbursable.
4.4 The date certified in the Interim RA Report that the construction
is complete and the remedy is operational and functional is the date
when the Extended RA camriences. The City shall operate and maintain
the GAC facility and associated parts of the system as directed by the
0 and M Plan, in accordance with Parts 6.0 and 7.0 of the contract.
Prior to the end of the shakedown year the City shall prepare and,
subject to EPA approval thereof, administer a separate City-EPA
cooperative agreement with EPA for the last nine years of the Extended
RA.
4.5 The City shall pay for the 10% nonfederal share of the 0 and M
costs of the Extended RA ten-year period, and 100% thereafter without
State or EPA assistance for the life of the remedy.
4.6 The City shall perform the following tasks upon the Project
Manager's Notice to Proceed for each. The City shall provide a
schedule to the Project Manager for each task at its beginning.
Task I. Rehabilitation of City Well 3
The City shall provide the State with an evaluation and
justification for extent of rehabilitation required for long-tern
performance of Well 3 and a Work Plan. Upon approval of the Work
• Plan by the Project Manager, the City shall subcontract the
rehabilitation of City well 3 at a cost not to exceed the
following:
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City labor and reimbursable costs $ 4,600
Subcontract
• Normal Repair 21,360
New Motor & Controls (potential) 14,100
Bawl Replacement (potential) 10,600
Total $50,660
Well 3 shall be in sufficient operational condition at the
completion of the work to begin normal pumping for the City water
supply and treatment on long-tern basis. This task must be
completed by June 30, 1990.
Task 2. Pipeline Easements
The City shall obtain appropriate legal easements frcm all
property owners affected for the installation and maintenance of
the pipeline. The City shall subcontract the easement survey and
work at a cost not to exceed the following:
City labor and reimbursable costs $1,000
Subcontract:
Title search and legal description 2,000
$3,000
If the City finds that additional costs must be incurred to
obtain easements, such as by purchase or condemnation, notice
shall be given to the Project Manager at the time of the finding
and this contract may be amended to provide funding. This task
• shall be completed by August 1, 1989.
Task 3. Operation and Maintenance
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
ccnrmmcate and deal directly with the EPA rather than through
the State. After the end of the Extenders RA, the City shall
continue to conduct operation and maintenance for the life of the
remedy in such a manner as to ensure the effectiveness of the
may•
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4.7 In any procurement activities for tasks 1, 2, and 3 of Part 4.6
of this contract during the RA and the shakedown year, and for the
• remainder of the Extended RA to the extent required of the State by
the NBCA for the last nine years of the Extended RA, the City shall
comply with 40 CFR Part 33 and applicable federal law and regulations,
including but not limited to the following:
a. The City is responsible .for the settlement and satisfactory
completion in accordance with sound business judgment and, good
administrative practice of all contractual and administrative
issues arising out of subcontracts.
b. The City shall maintain a subcontract administration system
to assure that subcontractors perform in accordance with the
terns, conditions and specifications of their subcontracts.
c. The City shall notify the State in writing of each
subcontract. The notice shall include:
1) Name, address, telephone number, employee identification
number of subcontractor;
2) Amount of award;
3) Estimated starting and completion dates; and,
4) Copy of the' tabulations of bids or offers and the name of
• each bidder or offeror.
d. The City shall award subcontracts only to responsible
contractors that possess the potential ability to perform
successfully under the terns and conditions of the proposed
procurement.
e. The City shall conduct all procurement transactions in a
manner that provides maximum open and free competition.
f. The City shall assure that only fair and reasonable profits
are paid under subcontracts.
g. The City shall take affirmative steps to assure that small,
minority and women's businesses are used when possible.
Affirmative steps shall include the following:
1) Including qualified small, minority, and warren's
businesses on solicitation lists;
2) Assuring that small, minority, and women's businesses are
solicited whenever they are potential sources;
3) Dividing total requirements when economically feasible,
into small tasks or quantities to permit maximum
participation of small, minority, and.wcmen's businesses;
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4) Establishing delivery schedules, where the requirements
of the work permit, which will encourage participation by
• small, minority, and women's businesses;
5) Using the services and assistance of the-Small Business
Administration and the Office of Minority Business Enterprise
of the U.S: Department of Commerce, as appropriate; and
6) If the contractor awards subagreements, requiring the
contractor to take the affirmative steps in paragraphs (a) ('1)
through (5) of this section. The City shall also comply with
applicable State law and regulations throughout the Extended
RA.
h. The City shall comply with the federal Office of Management
and Budget (DMB) Circular A-87 to determine allowable costs. The
MPGA will provide a copy of the circular upon request. The
City's subcontractors shall comply with cost principles contained
in 48 CFR 31.2 to determine allowable costs.
i. Cost-plus-percentage of cost and percentage-of-construction-
cost types of subcontracts shall not be used.
J. The City shall conduct a cost analysis of all negotiated
change orders and all negotiated subcontracts estimated to exceed
$10,000. The City shall conduct a price analysis of all formally
advertised procurements estimated to exceed $10,000 if there are
• fewer than three bidders.
k. The City shall include in subcontracts, when appropriate, the
Model Subagreenent Clauses as in Attac}mient 1.
1. For any activities including subcontracting which are
eligible for reimbursement with federal funds, the City agrees:
1) To prepare plans, specifications, bid documents and other
materials necessary to the planning and procurement of the
subcontractor.
2) To evaluate subcontractor's bids to ensure that bids are
responsive and the subcontractors are responsible bidders.
The City shall review all bidding documents submitted by the
subcontractor before a contract is signed. The City is
responsible for complete review and check of the bidding
documents submitted by the subcontractor for compliance with
the requirements of the subcontract plans and specifications.
The City shall be responsible for selection, notification of
the successful bidder, and award of contract.
3) To administer the subcontract, provide oversight and
monitoring of activities in coordination with the State to
ensure compliance with all contract requirements. The City
• shall track construction schedules and costs.
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4) To provide expertise in city-related construction
aspects, projects, and proceedings during any and all on-site
• construction.
5) To satisfy all Federal, State and local requirements
including construction or building permits and approvals;
verify compliance with all environmental requirements; obtain
access rights-of-way and easements necessary to complete the
subcontract; provide access for EPA, State, their
representatives, and contractors at all reasonable times;
assist in resolving design problems associated with
interpretation of contract plans and specifications.
6) To schedule and administer progress meetings and
specifically called meetings, including agenda preparation,
meeting arrangements, recording and distribution of minutes.
The City shall determine payment quantities for
subcontractors.
7) To maintain site-specific accounts and documentation for
reimbursement and to help assure successful recovery of
CERCLA and State funds, including:
- Employee hours and salary (time sheets) .
- Employee travel and per diem expenses (travel
authorizations, paid vouchers, treasury schedules)
• - Receipts for materials, equipment and supplies.
Contract cost (paid invoices, treasury schedules and copy
of the contract)
Any other costs not included above.
The City shall retain documentation for six years from
completion of the Extended RA or until any litigation
dispute, claim or audit is ccopleted and resolved, whichever
is longer.
8) To utilize an extended RA Operation and Maintenance Plan
prepared by the State in accordance with plans and
specifications and with applicable guidance documents during
design. The City shall use the plan during shakedown (the
first year after completion and acceptance), the additional
nine years of extended RA, and, although not eligible for
federal funding, for the remaining life of the project.
9) To submit detailed monthly progress reports to the State.
The contents of the report shall reflect a chronologized
record of all site activities and shall include:
Estimate of the percentage of project ccupleted and the
total project cost to date.
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Summaries of the following items for the reporting
period.
• A. Work performed on the task.
B. Change orders and claims made on the subcontract.
C. Problems or potential problems encountered.
D. Status of any contingency fund to date.
E. Projected work for the next reporting period.
F. Copies of contractor daily reports, change orders,
laboratory/monitoring data, and appropriate documents
of concern.
4.8 The City shall provide the State's Project Manager with a
completion report for the rehabilitation of Well 3, copies of
any subcontracts let for tasks 1, 2 and 3 of Part 4.6 of this
contract; monthly 0 and M reports on water volume, quality and system
status and any other information requested by the State.
5.0 IMMEDIATE REMOVAL ACTION
The terms of this contract shall not restrict any immediate removal
activities conducted pursuant to the National Contingency Plan, 40
CFR, Part 300.65. The EPA, in consultation with the State, and
consistent with any.Federal Facility Agreement (FFA) for the site, can
suspend the activities described in Part 4.6 of this contract during
any such immediate removal actions.
• 6.0_ PAYMENT
6.1 The City shall provide to the State sufficient and appropriate
documentation of expenses to fulfill EPA requirements for EPA
reimbursement through the State to the City. The City shall submit
the documentation with a monthly statement separately for each task in
Part 4.6 formatted as follows:
Expenditures Current Cumulative
since previous Expenditures Expenditures
report
Personnel
Fringe
Travel
Equipment
Supplies
Contracts
Construction
Other
Total Direct Costs
Indirect Costs
Total Costs
Federal Share
Non-Federal Share
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6.2 The City shall be paid by the State and/or EPA as a contractor
for portions of the Remedial Action ,as described in Part 4.6 of this
• contract. Tasks 1 and 2 are 100 percent reimbursable. Task 3 is 90
percent reimbursable.
6.3 The City is assuring payment for its share of operation and
maintenance of the remedial action as the following paragraph from the
NBCA describes:
The ROD [Record of Decision] declares that the operation and
maintenance activities to assure continued effectiveness of the
remedy will be considered part of the approved action and
eligible for CERCIA monies for a period not to exceed 10 years.
The "Recommended Alternative" section states: "Operation and
maintenance shall be considered to be any activities required to
maintain the effectiveness of the treatment or measure following
the initial 10 year period [of extended RA). . .only the
construction or installation and operation of the GAC treatment
system and the pipeline will be considered the remedial action.
Therefore, operation of wells 3, 4, and 5 are not considered part
of the remedial action. " The State assures funding of 10% of the
capital costs of the remedial action. Through an agreement with
the City of St. Anthony, the State assures funding of 10% of the
annual operation costs of the remedial action for up to ten years
and all Operation and Maintenance costs for the life of the
project. The City will also assure funding of all costs
associated with the operation of wells 3, 4, and 5. Pursuant to
• CERCQA Section .104 (c) (6) the State assures payment of 100% of
the Operation and Maintenance costs, in accordance with the final
extended RA plan, from nonfederal sources after the extended RA.
The following table provides a summary.
Costs
Activity Responsibility Duration
RA Construction 90% EPA Construction Period
10% State
O & M - GAC facility 90% EPA 10 years, Extended RA
and pipeline 10% City
100% City after Extended RA for
life of the remedy
Normal Well 100% City Entire RA, Extended
Operation Costs of RA, and thereafter
Wells 3, 4, and 5 for life of the remedy
6.4 The City recognizes that reimbursement is dependent upon
funding through the EPA, and that the State is not responsible for
changes or delays caused by EPA . Expenses for activities undertaken
• by the City related to this agreement prior to the Cooperative
Agreement Award and the effective date of this contract are not
reimbursable.
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6.5 The contract dollar amount for this Contract for Task land 2 as
described in Part 4.6 of this contract shall not exceed fifty-three
• thousand six hundred sixty dollars ($53,660) . This contract may be
amended to increase the total funding for Operation and Maintenance as
provided for in Task 3 of Part 4.6 of this contract for the shakedown
year of Extended RA.
7.0 OPERATION AND MAINTENANCE PLAN
The State will submit a draft 0 and M Plan to the City for comment.
The City agrees to comment on the draft plan and return comments to the
State and EPA within 30 days. The City, State and EPA are the plan's
approval authorities. The City agrees to implement the final operation and
maintenance plan as reasonably approved by the City, State and EPA as of
the certified date that the construction is complete and the remedy is
operational and functional.
8.0 ACCESS TO THE SITE
8.1 The City shall secure access for MPCA, EPA or contractors for the
purpose of completing the pipeline installation portion of the RA by
the State, as described in Task 3 in Part 4.8.
8.2 The City shall provide the property on which the GAC facility
will be constructed and access for the construction contractor and the
consultant engineer.
• 8.3 Representatives of the State and EPA shall have access to the
project site to review work in progress.
9.0 AVAILABILITY OF INFORMATION
9.1 The City has previously provided to the EPA and the MPGA
necessary information concerning the St. Anthony GAC facility. At the
request of the State, the City shall provide the EPA or MPCA with any
further information concerning the facility which is in the possession
of the City. If such information is submitted by the City pursuant to
a claim of confidentiality, said information shall be treated in
accordance with the requirements of Minn. Stat. ch. 13 and ch. 116.075
by the State. Absent such a claim, the State or EPA may make such
information available to the public without further notice.
9.2 At the request of the City, and in accordance with applicable
State and Federal law, the State agrees to provide the City with
information and reports developed or prepared pursuant to MPCA and EPA
RA activities. The City agrees not to release such information or
reports determined to be confidential pursuant to Minn. Stat. ch. 13
or S 116.075 or 40 CFR Part 2 to the public unless the City first
obtains approval from the EPA Region V Office of Regional Counsel and
the EPA Regional Project Manager for matters confidential under
federal law, and from the MPCA Commissioner for matters confidential
under State law.
•
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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.
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14.0 FINAL INSPECTION
Following completion of remedial action, the City, the State, and EPA,
• and/or the remedial contractor will jointly inspect the project to confine
that all outstanding construction items are resolved. Upon the State's
approval of the final inspection report the remedial action will be ready
for service.
15.0 REMEDIAL ACTION REPORT
The State will prepare an Interim RA report at the completion of the
RA Construction described in this Contract. This report shall be submitted
to the City for review within sixty (60) days after the joint EPA/State/City
Final Inspection. This report will describe outstanding construction items
from the pre-final inspection and indicate that disputed items were
resolved; summarize work defined in the Statement of Work (SOW) for the GAC
facility construction contract and certify that this work was performed;
explain any modifications to work in the SOW and why these were necessary
for the project; and certify that the remedy is functional and operational.
16.0 ACCEPTANCE OF THE REMEDY
The State Interim RA report will be provided to the City by the State.
The City shall review and comment on the Interim RA report and respond in
writing to the State regarding the City's approval of the report within 20
days of receipt of the report. The City review and approval of the RA
report will signify the City's acceptance of the project. The State shall
not accept the project until the City has accepted the project. Any dispute
• regarding the acceptability of the project shall be resolved according to
Part 19.0. The State will then provide to EPA the Interim RA Report
documenting the RA's adequate completion and performance. The State will
request the EPA Regional Administrator to accept the treatment facility and
pipeline.
17.0 TRANSFER OF FACILITIES, GUARANTEES AND WARRANTIES
Title to the project property (not including the land which is owned
by the City) is vested in the State subject to the conditions of 40 CFR Part
30.530(b) . The date of the EPA's letter of acceptance of the project will
be the effective date of the State's transfer of use and actual possession
of the project RA, including the GAC facility and pipeline to the City.
Upon transfer: (i) The City assures that it will comply with 40 CFR Part 30
and any other applicable federal laws or regulations; (ii) When the remedy
is no longer needed to treat contaminated ground water, the City agrees to
notify the MPCA and the EPA and to follow their instructions on disposal of
the CERCLA and state-funded facilities and equipment; (iii) if and when the
MPCA is granted authority to transfer the title to the project property, the
City agrees to accept the transfer of title.
Upon the EPA's acceptance of the remedy all guarantees and warranties
associated with the remedy will be transferred to the City's possession.
•
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18.0 AMENDHEN S
Any modifications to this contract must be agreed to, in writing,. by
both parties hereto.
19.0 RESOLITTION OF DISPUTES
19.1 Any disagreements arising under this Contract shall be resolved
to the extent possible by the State PM and the City Representative.
19.2 If any such disagreement cannot be resolved by the State PM and
the City Representative, it shall be referred to the MPCA Commissioner
and the City Mayor for a final resolution. If the disagreement cannot
then be resolved, it shall be decided in a court of competent
jurisdiction.
20.0 TERMINATION OF 71M CONTRACT
This contract shall remain in effect until all activities described in
Part 4.0 and any agreed amendments hereto have been con pleted, unless the
parties jointly agree in writing to terminate the contract.
•
1
In witness whereof, the parties hereto have executed this contract in
• copies, each of which shall be deemed an original.
CITY OF ST. ANTHONY
Maybr UDatff
City Manager Date
MINNESOTA POLLUTION CONTROL AGENCY
zzet6�1'
Commission r Date
Attorney neral 9RIGINAC M
!JUL 0 6 l
Commissioner of Administration B
Commissioner of Finance Date
JUL 121969