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90-561 � fl R I G I _ Council File # /0'S�p l �� t�� N�AL Green Sheet # RESOLUTION ��, CITY OF SAINT PAUL, MINNESOTA ' �--- ------� P�esented By 1 / / / �[ V Referred To ��,,�� 2� Committee: Date 7 � -��z-90 WHEREAS, the City of Saint Paul is unable to substantiate the currently assigned sewer flows to the city; and WHEREAS, the Metropolitan Waste Control Commission has a meter Evaluation Study in process; and WHEREAS, the City of Saint Paul and the Metropolitan Waste Control Commission have performed major sewer separation projects over the past 5 years as required by federal and state permits that has removed inflow sources, but also increased interceptor capacity; and WHEREAS, extraneous inflow sources from rainleaders, lake overflows and commercial clear water sources have been removed from the sanitary sewer system in the City of Saint Paul; and WHEREAS, the City of Saint Paul and the Metropolitan Waste Control Commission have mutually agreed to retain an Engineering Consultant to Develop a Method for Determination of Wastewater Flows for the City of Saint Paut; and that the City of Saint Paul will administer the Engineering Study; now, therefore be it RESOLVED, that the proper city officials are authorized and directed to execute an agreement with the Metropolitan Waste Control Commission to conduct a joint engineering study for the Development of a Method for Determination of Wastewater Flows for the City of Saint Paul for 1990-1992 and flow estimates for 1992-1994; and be it RESOLVED, that the proper city officials are authorized and directed to execute an agreement between the City of Saint Paul and Black and Veatch, Engineers-Architects; and be it FURTHER RESOLVED, that the estimated cost for this study, amounting to $100,000, witl be equally shared by the City of Saint Paul and the Metropolitan Waste Control Commission and the $50,000 city share budgeted in Fund No. 260-22200-0548, Contingency: Council Action Required; shall be authorized to fund the city's share of this project. Requested by Department of: Yeas Nays Absent Dimon � osw� z �- Public Works (REB) on q �+- �lacca ee v e man V Thune � B • w� son '� y� T omas J. Egg , Di c or JuN � �ggp Form ed b t tor y Adopted by Council: Date - -- c Adoption rtified by Council Secretary By� Approved by Mayor for Sub sion to By' Council Approved by Mayor: Date (o/� /�U ,�UN � 1990 � � By: ��f By: �i�'��--. PUBUSHED J UN 16 1990_ Cr9o- s�i ��„*,, CITY OF SAINT PAUL Members: ��+` ; OFFICE OF THE CI"I1' COUNCIL Roger J.Goswitz,chair • � David Thune,vice chair o . , w a nu'a+�n� , Tom Dimond r uit L il(1 0 � „ Bob Long Date:April 4,1990 "'� RECEIVED Committee Report �PR05i990 To: Saint Paul City Council CITY CLERK From: Public Works, Utilities, and Transportation Committee Roger J. Goswitz, Chair 1. Approval of minutes of March 21, 1990 Hearing Date 2. 4/12/90 VACATION: Petition of Health One Corporation to vacate the alley in Block 50, Dayton and Approved 3-0 Irvines Addition, bounded by Sherman and Ramsey Streets. Purpose is for a new ambulatory surgical center and additional parking area. 3. RESOLUTION: To authorize the execution of an �� agreement for a joint study between Approved 3-0 �-�,.� Metropolitan Waste Control Commission (MWCC) , and City of St. Paul to develop a method for determination of waste water flows for 'ty of St. Paul . . 4. 4/12/90 FINAL ORDER: Sidewalk Construction and/or reconstruction at the following locations: Approved 3-0 S9001 Both sides Edmund Avenue from North Victoria to North Milton Street. S9002 8oth sides Lafond Avenue from North Griggs Street to North Syndicate Street. S9003 Both sides South Avon Street from Goodrich Avenue to Fairmount Avenue. S9004 West side South Dunlap Street from Fairmount Avenue to St. Clair Avenue. S9005 Both sides Morton Street from South Robert Street to Livingston Avenue, and West side South Robert Street from East Morton Street to Extended north line of Page Street. S9006 Both sides Ottawa from West Winona Street to West Wyoming Street. S9007 Both sides West Stevens Street from Humboldt to Stryker Avenue. 5. 4/19/90 S9008 Both sides Cambridge Street from Approved 3-0 Lincoln Avenue to Princeton Avenue. S9009 East side South Fairview Avenue from Saunders Avenue to Rome Avenue with Integral Curb. 5. cont. S9010 South side Hartford Avenue from South � Cretin to Mt. Curve Boulevard. S9011 Both sides Wellesley Avenue from South Hamline Avenue to South Albert Street. S9012 North side Yorkshire Avenue from Davern �,-�:�;-;:S��;eet to South Fairview Avenue, and South side Yorkshire Avenue from Davern -�,,�,�� ;;t ;S�treet to Hampshire Avenue. S9013" Both' sides Aldine Street from Selby ;,ti;f.y�;; Avenue to Dayton Avenue with Integral Curb. S9014 Both sides Albany Avenue from North Pascal Street to Arona Street. S9015 North side Como Avenue from North Hamline Avenue to North Pascal Street. S9016 Both sides Holton Street from West Nebraska Avenue to West Arlington Avenue. S9017 Both sides Chelsea Street from West Hoyt Avenue to West Idaho Avenue. 6. 4/17/90 RATIFICATION OF AWARD OF DAMAGES: For Approved 4-0 acquiring permanent utility and temporary construction easements in conjunction with the Starkey/Plato Sewer Project near South Wabasha Avenue and the Mississippi River. 7. 4/10/90 RATIFICATION OF AWARD OF DAMAGES: For Laid over to acquiring permanent utility and temporary 4-18/90 construction easements in conjunction with the Fairview/Montreal Area Sewer Project. 8. 4/10/90 RATIFICATION OF ASSESSMENTS: For Approved 3-0 installation of North Wabasha Area Decorative Lighting (Phase 1) and other improvements. 9. RESOLUTION - 90-428 - Authorizing proper Approved 3-0 City officials to accept easement over part of Lot 15, Hyde Park for the purpose of draining rain runoff collected on the roof of the Lexington Library. (Referred to Committee 3/20/90) . 10. RESOLUTION - 90-430 - Authorizing proper Approved 4-0 City officials to enter into a cooperative construction agreement with the MNDot for proposed construction of left-turn lanes, minor street widening and sewer construction at the intersection of Snelling and Randolph. (Referred to Committee 3/20/90) . 1��-�p-.s"G � � � COST SHAR.ING AGREEMENT ` FOR JOINT STUDY TO DETERIVIINE WASTEWATER FLOWS FOR TI� CITY OF ST.PAUL MWCC CONTFtACT NUMBER C- THIS AGREEMENT, made and entered into by and between the Metropolitan Waste Control Commission, hereinafter called the "Commission", and the City of Saint Paul, hereinafter called "Saint. Paul". WHEREAS, the Commission and Saint Paul have jointly prepared the scope of work for the Study to develop a mechanism for the determination of wastewater flows for Saint Paul; and WHEREAS, Saint Paul for expediency has agreed to be the lead agent in the administration and processing of the Engineering Study; NOW THEREFORE, the parties hereto, in the joint and separate exercises of each of their powers, and in consideration of the mutual covenants herein contained, hereby agree as follows: SECTION 1.RECITALS 1.1 Commission The Commission has determined the need to have a study conducted to evaluate the effectiveness of the existing meters at the Metro Plant as well as develop an interim mechanism for the determination of the Saint Paul flow. 12 St. Paul The City of Saint Paul has expressed interest in a study that would analyze its water records, private well water information, clear water metering to separated storm sewers, equivalent connections, rainfall information (climatology data), and inflow/infiltration assumptions to predict its wastewater flows. L3 Joint Study A Joint study to review all the alternatives for the determination of wastewater flows for Saint Paul and recommend the one most accurate method is to the benefit of both parties as well as being the most economical way to approach the problem. SECTION 2.STUDY PREPARATION 2.1 Enghneering Study Saint Paul and the Commission have jointly selected the firm of Black and Veatch, Engineers-Architects, to prepare the Study. - � �-�o-s�� 22 Contract Administration The contract for the Engineering Study shall be administered by Saint Paul, and Saint Paul agrees to cause the Joint Study to be completed in accordance with the study contract. SECTION 3.PROJECT COSTS 3.1 Study Costs Scope of services for the study will be clearly established with Black and Veatch, and the actual contract will be negotiated with Saint Paul and the Commission. The contract award will be made on a cost reimbursement basis with a limit not to exceed $100,000. Saint Paul and the Commission will share equally in the cost of the study. The contract costs established may not be exceeded without a mutually agreed upon change in the project scope between the two parties. 32 Payment The Commission shall pay all study costs as incurred and allowed in accordance with the preceding paragraphs. Saint Paul shall submit not more than monthly statements on the study costs. Payments shall be made within 30 days of receipt of statement. IN WITNESS WFIEREOF, the parties hereto have executed this agreement on this day of , 1990. METROPOLITAN WASTE CONTROL ` CITY OF SAINT PAUL COMMISSION By By Lurline Baker-Kent, Chair Director, Department of Public Works By Approved as to form: Gordon O. Voss Chief Administrator � B Assistant City Attorney Approved as to form: % By �°'-�� By or Mark D. Thompson General Counsel By Director, Department of Finance and Management Services / c! / „ - , Council File # �� '��r ^ �,..�. . i��. Green Sheet # ' �� '� RESOLUTION � ' CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date .� WHEREAS, the City of Saint Paul is unable to substantiatF �-'-:�� . flows to the city; and C_ ,:1�, -.. WHEREAS, the Metropolitan Waste Control Commission �°''-� c ,, -��=� � ,n process; and ��A.�� T� . ( �� WHEREAS, the City of Saint Paul and the Metropolitan ' -�*'`-7�.�� ' �✓e performed major sewer separation projects over the past 5 years as required b� ,� `� "�' has removed inflow sources, but also increased interceptor capacity; and �--- '' � �r <- �_� WHEREAS, extraneous inflow sources from rainlead� � °�`�-F" ;rcial clear water sources have been removed from the sani#ary sewer system in thE � WHEREAS, the City of Saint Paul and the Metropc �n have mutuaily agreed to retain an Engineering Consultant to Develop a Method f� r Flows for the City of Saint Paul; and that the City of Saint Paul will administer the Eng��._ �ore be it RESOLVED, that the proper city officials are authorized and directed to �., .e an agreement with the Metropolitan Waste Control Commission to conduct a joint engineering study for the Development of a Method for Determination of Wastewater Flows for the City of Saint Paul for 1990-1992 and flow estimates for 1992-1994; and be it RESn� ��n `�-`"L,. -- -- orized and directed to execute an agreement between the City of Saini � � iitects; and be it � � �� r FUR C`� �r this study, amounting to $100,000, will be equally sha ed by the C � � �° � Control Commission and the $50,000 city share budgeted in Fund -�' � Action Required; shall be authorized to fund the city's share of this p � � � � � � � � � Requested by Department of: �s ^ �� - Public Works (REB) � \ • � - � 1 �� Thu ��'`� �� = By: . �� T omas J. Egg � Di or ,� . Form ed b t tor y Adoptea by Council: Date ' c Adoption Certified by Council Secretary By� Approved by Mayor for Sub sion to By' Council Approved by Mayor: Date ��G�a� � B ��I Y� By: . . ��- s�� DEPARTMENT/OFFICFJCOUNCIL DA INITIATED I�c c� Public Works 3-22-9� GREEN SHEET No. GJJ INITIAL/DATE INITIAUDATE CONTACT PERSON 8 PHONE CITY COUNCIL RoyBredahl292-6138� NUMB RFOR ITYATTOHNEY aCITYCLERK MUST BE ON COUNCIL AGENOA BY(DATE) ROUTING �BUDGET DIRECTOR �FIN.8 MGT.SERVICES DIR. oAOea Council Research April 3, 1990 �MAYOR(OR ASSISTANn � TOTAL#OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ❑ ACTION REOUESTED Approve a cost sharing agreement between the Metropolitan Waste Control Commission and St. Paul for a Joint Study to determine ; wastewater flows for the City of Saint Paul. Reference A: Proposed Joint Study Agreement. Reference B: Draft agreement between consultant and St. Paul. , ,_.. RF('AMMENOATIONS:Approve(A)a Reject(R) COUNCIL COMMITTEFIRESEARCH REPORT OPTIONAL d �M" �"^ V _PLANNING COMMISSION _CIVIL SERVICE COMMISSION ANALYST PHONE NO. "° '6'^- �+� �;,� CIB COMMITTEE A MWCC � , COMMENTS IVIf{''� � ( 'I�a' A STAFF — � DISTRICT COUNCIL _ SUPPORTS WHICH COUNCIL OBJECTIVE? ,�j�r� j..� ( S ��f�� Budget p ' ' f �� INIT�ATING PROBLEM,ISSUE,OPPORTUNITY(WHO.WHAT.WHEN.VN-IERE,NM1�: St. Paul is in the middle of its ten year sewer separation program to remove stormwater from its sanitary sewer system. Given our progress to date, and the fact that the last few years have had below normal precipation,the city cannot justify MWCC increasing the assigned sewer flows to the city. In response,the MWCC has agreed to participate in a study by an independent consultant to develop a more equitable method of estimating St. Paul sanitary sewage flow. � , ADVANTAGESIF APPROVED: Provides the City and the MWCC with a mutually agreed upon, soundly engineered method, of determining the City's wastewater flow allocation during the period of ineter inaccuracy at the Metro Plant. _ a-,.,�Y DISADVANTAGES IF APPROVEO: Na ;: . `Yi�i�f�l:i�i.� ti1i'Yivi:: DISADVANTAGES IF NOT APPROVED: The allocation of wastewater flow volumes to the City witl be made by the MWCC without accurate meters and without the use of a reliable and equitable method developed by a sound engineering study. The City will not be able to detemine if the flow allocation is accurate or equitable. t;�!�?:��;� 3:��:��G;�� ;�rii�r [�lAR 2 91990 TOTAL AMOUNT OF TRANSACTION S 50,000 COSTlREVENUE BUDGETED(CIRC�E ONE) YES NO FUNDING SOURCE S@W2f S2NIC@ FUf1d ACITVITY NUMBER 26O-ZZ2OO-O54H FINANCIAL INFORMATION:(EXPIAINI % � . q� -S�/ ' COST SHARING AGREEMENT '� FOR JOINT STUDY TO DETERMINE WASTEWATER FLOWS FOR TI� CITY OF ST.PAUL MWCC CONTRACT NUMBER C- THIS AGREEMENT, made and entered into by and between the Metropolitan Waste Control Commission, hereinafter called the "Commission", and the City of Saint Paul, hereinafter called "Saint. Paul". WHEREAS, the Commission and Saint Paul have jointly prepared the scope of work for the Study to develop a mechanism for the determination of wastewater flows for Saint Paul; and WHEREAS, Saint Paul for expediency has agreed to be the lead agent in the administration and processing of the Engineering Study; NOW THEREFORE, the parties hereto, in the joint and separate exercises of each of , their powers, and in consideration of the mutual covenants herein contained, hereby agree as follows: SECTION 1.RECITALS 1.1 Commission The Commission has determined the need to have a study conducted to evaluate the effectiveness of the existing meters at the Metro Plant as well as develop an interim mechanism for the determination of the Saint Paul flow. 12 5�Paul The City of Saint Paul has expressed interest in a study that would analyze its water records, private well water information, clear water metering to separated storm sewers, equivalent connections, rainfall information (climatology data), and inflow/infiltration assumptions to predict its wastewater flows. L3 Joint Study A Joint study to review all the alternatives for the determination of wastewater flows for Saint Paul and recommend the one most accurate method is to the benefit of both parties as well as being the most economical way to approach the problem. SECTION 2.STUDY PREPAItATION 2.1 Engineering 5tudy Saint Paul and the Commission have jointly selected the firm of Black and Veatch, Engineers-Architects, to prepare the Study. . - . ��-S�l � 22 Contract Administration The contract for the Engineering Study shall be administered by Saint Paul, and Saint Paul agrees to cause the Joint Study to be completed in accordance with the study contract. SECTION 3.PR,OJECT COSTS 3.1 s�ay c�� Scope of services for the study will be clearly established with Black and Veatch, and the actual contract will be negotiated with Saint Paul and the Commission. The contract award will be made on a cost reimbursement basis with a limit not to exceed $100,000. Saint Paul and the Commission will share equally in the cost of the study. The contract costs established may not be exceeded without a mutually agreed upon change in the project scope between the two parties. 32 Payment The Commission shall pay all study costs as incurred and allowed in accordance with the preceding paragraphs. Saint Paul shall. submit not more than monthly statements on the study costs. Payments shall be made within 30 days of receipt of statement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this day of , 1990. METROPOLITAN WASTE CONTROL CITY OF SAINT PAUL COMMISSION By By Lurline Baker-Kent, Chair Director, Department of Public Works By Approved as to form: Gordon O. Voss Chief Administrator � B - Assistant City Attorney Approved as to form: % gy �-`°i-!�%�.��1/ By or Mark D. Thompson General Counsel By Director, Department of Finance and Management Services , Gj'p - �� .� ". ' �� AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Saint Paul and the Metropolitan Waste Control �ommission, A Joint Project, (hereinafter referred to as Owner) and Black & Veatch, Engineers-Architects (hereinafter referred to as Engineer) ; WITNESSETH: WHEREAS, Owner intends to Develop a Method for Determination of uastewater Flows (hereinafter referred to as the Project); and, � WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the oarties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. 022690 1 ��'! ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of fhe Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project. In addition, Engineer shall not be respon- sible for the failure of any contractor, subcontractor, vendor, or other project participant to fulfill contractual or other responsibilities to the Owner or to comply with federal, state, or local law�, crdinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF COST AND SCHEDULE Since Eng�neEr has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors' , subcontractors' , or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such . 022690 2 . . . ��- s�� liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer shall defend and indemnify Owner from and against legal liability for damages arising out of the performance of the services for Owner where such liability is caused by the negligent act, error, or omission of Engineer or any person or organization for whom Engineer is legally liable. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer � agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense and any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determi- nation, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special, indirect, or consequential damages arising out of or resulting in any way from the performance of Services under this Agreement. To .the fullest extent permitted by law, Engineer's total liability for any and all injuries, claims, losses, expenses, or damages arising out of or resulting in any way from the performance of Services under this Agreement shall not exceed the total compensation received by Engineer under this Agreement. - . 022690 3 9�-�� i 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. � 7.7 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CUNTRACTOR Engineer undertakes performance of the Services as an independent con- tractor and shall be wholly responsible for the methods of performance. � Owner shall have no right to supervise the methods used but Owner shall � have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS � In performance of the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall procure the permits, certificates, and licenses necessary to allow Engineer to perform the Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attach- ment A, Scope of Services. ARTICLE 10 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: (1) General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggre- gate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. � 022690 4 . '. �� " ` (Z) Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each �:ccident and with property damage limits of not less than $�00,000 ior each accident. (3) Worker's Compensation Insurance in accordance with statutory require- ments and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. (4) Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. Engineer shall, upon request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to Owner. All Project con- tractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies. Engineer and Owner shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against Owner and Engineer, and all their assignees, subsidiaries, directors, officers, partners, commissioners, officials, agents, and employees. ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer; and Owner shall indemnify 022690 5 . . ' �'�f�`.� and hold harmless Engineer against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from such reuse. A•:iy such verification or adaptation will entitle Engineer tc further compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 13 - TERMINATION OF CONTRACT The obligation to continue Services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. I Owner shall have the right to terminate this Agreement or suspend per- � formance thereof for Owner's convenience upon written notice to Engineer, and Engineer shall terminate or suspend performance of Services on a schedule acceptable to Owner. In the event of termination or suspension for Owner's convenience, Owner shall pay Engineer for all Services performed and termination or suspension expenses. Upon restart of a suspended project equitable adjustment shall be made to Engineer's compensation. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be prcfprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance o£ the Services without the prior written a�thorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agree ment shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address speci- fied below. 022690 6 . . �'�-S� To Engineer: Mr. Len C. Rodman, P.E. P. 0. Box 8405 Kansas City, Missouri 64114 To Owner: Mr. Roy E. Bredahl, P.E. Department of Public Works 700 City Hall Annex . St. Paul, Minnesota 55102 Nothing contained in this Article shall be construed to restrict the trans- mission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - UNCOIdTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrol- lable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollah�e forces" shall mean any event which results in the prevention or delay of per- formance by a party of its obligations un.der this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable dili- gence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted. or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or • 022690 7 . .. �'o r��I other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give writ!en notice to the other party describing the circumstances � and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Minnesota. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such � waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other �r further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any prcvision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agree- ment. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. 022690 8 qa - S�/ ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedPS all prior negotiations, representations, or agree- ments, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, execu- tors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this � Agreement. ARTICLE 21 - ASSIGNMENT . Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written � consent of the other, except to the extent that the effect of this limi- tation may be restricted by law. Unless specifically stated to the contrary in any k�ritten consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. 022690 9 . � . - qo - SG/ IN WITNESS WHEREOF, the parties have executed this Agreement. By , (Date) Title By (Date) Title 022690 10 ,� 9�-S�� ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES AGREEMENT Owner: City of Saint Paul/Metropolitan Waste Control Commission Project: Development of a Method for Determination of Wastewater Flows DESCRIPTION OF SCOPE OF SERVICES The services provided develops three different models to ascertain wastewater flow allocation to the City of Saint Paul. Models will be developed for water use, the existing meters and -ivir with �E � �' /�� 's-d-ata .t�la��i�. '�wY✓'�Y� .ryYL�c�S�o-k! � �uT''J i�� 1n' n �1'' � '�r^ � (:.GYvtif]�O..�r�.�`� C�•��''FN�^�'� V The scope of services for this wastewater flow determination is as follows: PRELIMINARY/DATA COLLECTION ,i Task O1Q. Consult with Owner to clarify and define Owner's requirements for �-�,,, the project. ��- t �c� Task 015. Obtain NOAA and MWCC precipitation data. The period of record will be sufficient to develop relevant statistical precipitation information. Data will be tabulated, checked for consistency and summarized. ,/ Task 020. Tabulate and review Metro Plant influent flow records. Records, 1982 to date, will be from each of the four magnetic flowmeters and each of two Venturi flowmeters. Maintenance, service call, and ., calibration records for each of the meters will be reviewed. � �� < � Task 025. Metro Plant influent and first stage total solids concentrations will be analyzed in such manner correlate solids concentrations with the plant influent flow rate. Task 030. Flow records, 1982 to present, for all metered wastewater accounts will be reviewed and tabulated. Maintenance, service call and calibration records will be reviewed. Task 035. Flow determination methodologies for the unmetered accounts will be reviewed. Available reports such as I/I Analysis, SSES Reports and related Master Plans will be reviewed to project the I/I portion of -total flow. Task 040. Details, calculations and scheduling of the City's sewer separation program will be analyzed. Historical records of CSO discharges will be reviewed. Flow monitoring data derived by the City in the separation program will be analyzed to determine an efficiency rating. ' 030590 A-1 .L �� -�� / Task 045. Water use (produced and billed) records for the City of Saint Paul will be reviewed. Records include private well data, industrial clear water monitoring to the river and equivalent connections. Where possible, a similar water use revie�a of other communities . whose wastewater is monitored will be ma•je. Task 050. DNR, COE, USGS and SCS data will be obtained as available to determine area wide groundwater levels. Data will include Mississippi River stage data and pool elevation of the major lakes within the service area. Task 055. All reports and data collected will be reviewed and screened for information pertinent to project execution and for additional data that may be required. An informal report will be prepared to summarize the findings and discuss potential data problems if any exist. " MODEL N0. 1 - EXZSTING FLOWMETERS Task 110. Utilizing the data from Tasks 015 and 020, an assessment will be made as to the probable accuracy of the Metro Plant flowmeters. A similar assessment will be made for customer flowmeters. Task 115. The unmetered customer flow estimates to the Metro Plant will be reviewed for methodology and probable accuracy. Task 120. Data from Task 025 will be analyzed with the intent to derive a flow rate from a solids mass balance. Task 125. Model No. 1 (LOTUS) will be developed utilizing the customer metered estimated data and Metro Plant flow. Metro Plant flow will be as obtained from the meters or solids mass balance task, whichever is determined to have the higher probable accuracy. The flow attributable to the City of Saint Paul will be the difference between the flow received at the Metro Plant and all other customers. Task 130. A flow determination will be made for the sample year. To enhance model accuracy, data from years 1982-1986 will be used to calibrate the model. The sample year for flow determination will be as selected by City/Commission staff. MODEL N0. 2 - WATER RECORD�� M�� Q� Task 205. -Sewage flow for the City of Saint Paul will be determined based on water use records. Major industrial/commercial water users will have return rates adjusted to reflect clear water metering. Any adjustments to billing records to derive return rates will be documented in addition to being described in a technical procedure memorandum. It is anticipated first and/or fourth quarter billing records can be utilized eliminating the need for residential re�turn rate adjustments. f� �.,� �� Q c, S p -�,,.,�e��-.� - c U 030590 A-2 .� �o - s�� .- Task 210. Model No. 2 will be in the same com�Gter format as the first model except that it .will calculate Mp� *�..��-R?a-�:t flow. Input data will be � �� customer flows, extraneous flow components and City of Saint Paul ��`'v.�;�� sewage flow based on water records�T�ti-SO-companer�t:c�l� /�. �, �-�-�.--�-- � MODEL N0. 3 - CSO SENSITIVE '-' n,r,.�,�� j <<,�` ��v C J`i Task 305. Model No. 3 will be developed to reflect the �rogress of the City's sewer separation program. Data from ba.raR�a�i-s�wilL_be used .to____ y pattern flows for Saint Paul fThe model will have adjustable cells�� , , '`� trif� ='to reflect impacts from t�Y►e separation program.• It is anticipa�_ ' „�� ;, ' �—�_ fifteen CSO model points will be required. ' __ __ _ ___ �� , _ ._____ __- Task 310. The City of Saint Paul's flow will be determined based on 1982-1986 data recorded a-t--�e-l�r��r��s-met-er. A scale factor, populatio „� , to area, may be employed in o der to make a comparison between �� w��- and Saint Paul. `� � �� . �,t FLOW DETERMINATION ,�•�,�:.vy,_ �,y�,,.iv.-U�,.._ ,Za-,ti y�--c��..r Task 405. Results of the three models�will be compared and presen ed in(J tabular form. Differences in the results will be reviewed�-�� . Task 410. Based on model results, the most accurate (highest confidence level) method of determining flow will be refined. The method may be one or a combination of the models. �. � � 2 ��i� �' Task 415. Based on tne above data, a recommerdation for�flow allocation t�o the City of Saint Paul will be made. This allocation may involve�� methodology refinement for the unmetered areas. � �� REPORT PREPARATION/ADMINISTRATIVE � Task 505. Biweekly meetings will be held with both the City of Saint Paul and ,y �. . the Metropolitan Waste Control Commission to discuss the progress of �,;N �� ch�s S cuay � � - � r�� ,�.�c.��Z.,�, _;J ��"`ar �� -�- -�,.� �r'`"�'`• � � � Task 510. A technical report will be prepared summarizing the results of each � task. The report will contain analysis of each modeling method, describe associated confidence levels, and make a recommendation for determining Saint Paul's flow. The report will contain appropriate tables, graphs, maps, and exhibits as documentation. Two copies of the recommended model will be provided. Model will be in LOTUS; purchase of software is not included. Task 515. A user's manual will be prepared for. the se]�ected model of flow de t ermi na t i on t� �.:�.�--�, a��.r,yzu��- � -.-.� �. � �� u U 0 c� 030590 A-3 . : �'� -�6/ , . . SUPPLEMENTAL SERVICES A. Any work requested by the Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. B. Supplemental services shall include, but are not limited to: . . 1. Additional meetings. 2. Additional appearances at public hearings or before special boards. 3. Special consultants or independent professional associates requested or authorized by the Owner. 4. Additions to an engineering report to update or revise original recommendations. 5. Provision, through a subcontract, of the servi�es of a land � surveyor to set horizontal and vertical datum. 6. Gbtaining data from the City cf .M�.nneapoli.s or Saint Paul Water Department. �.,�.-� �� f� � �� 030590 A-4 .Y l� ' �� ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Saint Paul/Metropolitar. Waste Control Commission " Project: Development of a Method for Determination of Wastewater Flows COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For preliminary investigations, engineering study, engineering report and models, an amount equal to the Engineer's payroll costs times 2.20 plus reimbursable expenses at cost and plus subcontract billings times 1.05. The maximum billed for these services shall not exceed �58-,-609�1� without further authorization. . ' IGa��1: -- B. For supplemental services, an amount equal to the Engineer's payroll costs times 2.20 plus reimbursable expenses at cost and plus subcontract billings times 1.05. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. C. The following expenses are reimbursable under payroll multiplier work items: � � ��'" �. l. Travel, subsistence, and incidental costs. �� N 2. Use of motor vehicles on a monthly rental basis for assigned �' vehicles and on a mileage basis or rEntal cost basis for vehicles used for short periods. Mileage basis shall be 26 cents per mile. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project-related materials. 6. -Computer time charges including program use charges. 7. Rental charges for use of equipment, including equipment owned by the Engineer. ' 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 030590 B-1 � .�. ,- , r,. D. Th Engineer �agrees to e its best •efforts to erform the services wi in the bi�lling limit stated abo and in a cordance with the agr ed upon pe formance s edules. I , at any t me, the Engineer has rea n to beli ve that tne ost of the services 'll be greater or subs antially 1 ss than the billing '_im' ts, the E ineer shall promp ly notify he Owner to that effect giving a revised billing � limit or perform nce of the ervices. --_ he Own r will not e obligate to reimbur e thE Engi eer for costs \ ;� '}'�` � i curred\in excess o the billin limits sp cified abo e, nor shall---� „v� �� th r--be--o-tsl e to cont'nue perfor ance under t e greement '� or therwi e incur cos�ts in excess of that am unt, unles and until � the wner n�otifies the�Engineer in riting tha the billi g limits have een increased, ana has specifi d in such otice revi ed billing limits for the services i'� question. When and t the exten that the billing limits\have been increased, an costs inc�rred by the� Engineer in excess of the '�illing limi s prior to�their increase shall be llowab��.e to the salne extent as if such costs had bee� incurred a ter the� increase ii� the billin `� limits was approved. �, E. Monthly payments shall be made to the Engineer by the Owner based on the Engineer's statement. The statements, prepared at four week intervals, shall be itemized �to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. F. The entire amount of each statement shall be due and payable upon - receipt by the Owner. Carrying charges of 1-1/2 percent per month from the� billing date, shall be due for accounts which are not pai� within 60 days after the billing datel �r��` ^ `° d G. It is understood and agreed that if the project, after being started is stopped for the Owner's convenience for more than 30 days, but not more than 60, the Owner will pay the Engineer a fee equal to the payroll cost plus 15 percent plus expenses of the project team assigned, so that Engineer can maintain the project team. If delay extends beyond 60 days then, at the Owner's option, either this basis of payment will be extended without further notice from the Owner, or upon written notice from the Owner to disband the project team, the project team will be disbanded. If the team is disbanded and the work is restarted at a later date, then the Owner will pay the Engineer a restart fee equal to 10 percent of the original contract amount. All payments for project suspension and restart will be in addition to the original contract amount. H. It is understood and agreed: H-1 That the Engineer shall start the performance of the services within ten days of receipt of notice to proceed and shall submit the , documents covering them to the Owner for review within six .consecutive calendar months. Other Owner review periods are estimated to be ten calendar days for critical activities. � 030590 B-2 . � 9��s�� H-2 That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. 030590 B-3 . .,� : �'��G� -., _ . _ � � ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Ow�ier: City of Saint Paul/Metropolitan Waste Control Commission Project: Development of a Method far Determination of Wastewater Flows OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense�of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and \ other data that are available in the files of the Owner and which may �`�`' be useful in the' work involved under this contract. Data and records �,�, k� required include but are not limited to: �r a. Raw wastewater characteristics. � b. Primary tank influent, effluent and waste solids characteristics. � c. Facilitiy operating records, including quantity and pattern of raw / water processing, finished water discharge, raw wastewater flok�, pump station capacities and operational patterns. d. Metro Plant flowmeter maintenance/service-call records. e. MWCC rain gauge records. f. Wastewater customer I/I-SSES Analysis Reports g. Copy of the current computer model used to estimate customer wastewater flows. h. Wastewater customer service contracts. i. Procedure(s) utilized in determining wastewater flows from unmonitored service areas. 2. Access to public and private property when required in performance of the Engineer's services. , 3. Tabulation of sewer customers whose sewer usage is not metered, water ,�'7 usage used for sewer billings by customer class by billing frequency . for a recent full year summarized in a manner suitable for use by the Engineer in analyzing wastewater use. In addition, annual water usage used-for sewer billings for same customer classes for calendar years 1982 through 1986 summarized in a manner suitable for use by the � Engineer in analyzing wastewater use. 4. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the general overall facilities operation. � 030590 . C-1 � �� _.�� 4 o,tr,, CITY OF SAINT PAUL Members: ,�+ ; OFFICE OF THE CTTY COUNCIL Roger J.Goswitz,chair • ; � David Thune,vice chair � =i`��n� � Tom Dimond +� �° Date.May 30, 1990 �'��j�'/(��.n Bob Long �... � Committee Report �A�'�� '��-�� j99D To: Sain# Paui City Council �fF,;� From: � Public Works, Utilities, and Transportation Committee Roger J. Goswitz, Chair Hearinq Date 1. � Approval of Minutes of May 16, 1990. APPROVED 3-0 �.2. 6/5/90 VACATION: Petition of the Port Authority to APPROVED 3-0 • vacate part of Arch Street, Park Street, Blair Avenue and part of Lots 4, 5, 6 and 7, Block 2, Fletcher's Subdivision bounded by Pennsylvania Avenue, Rice and Park Streets. Vacation is required for new platting of Empire Builder Industrial park. 3. 6/5/90 FINAL ORDER: Constructing a storm sewer in APPROVED 3-0 Burns Avenue from English Street to Clarence St. and in the east-west alley in Block 2, of Point Douglas Addition from the north-south alley to Point Douglas Road. 4. 6/7/90 FINAL ORDER: Improving the following streets with APPROVED 3-0 a bent straw street lighting system in conjunction with the Arlington Western Area Street Paving and Lighting Project: Parts of the Arundel , Cohansey, Cottage, Cumberland, Galtier, Nebraska and Western. Also, rescinding construction of a lantern style street lighting system approved 1/9/90. 5. 6/5/90 AMENDED FINAL ORDER: Installing a lantern style APPROVED 4-0 street lighting system for the following streets: Part of Maryland, Magnolia, Rose, Barclay and Hazelwood and installing a bent straw street lighting system in Mechanic Ave. from Etna St. to the east and there terminating. To be known as the Hazelwood/Magnolia Area Street Lighting Project. 6. RESOLUTION - 90-561 - Authorizing agreement with APPROVED 4-0 Metropolitan Waste Control Commission on joint engineering study on methods of determination of waste water flows. (Referred back to Committee 4/12/90) 7. RESOLUTION - 90-721 - Releasing 5250,000 in 1990 APPROVED AS CIB funds currently in contingency for the study AMENDED 5-1 and redesign of the Selby Avenue Bridge. (Laid over in Committee 5/.16/90) �GJ�(��i/ L;� = ��o��%�Gf �.�;��->y��.