88-1001 WFiITE `- C�TV CLERK
PINK - FINANCE COUIICII �� l
BI.UERV - MAVORTMENT GITY OF SAINT PAUL File NO. �� ��/
� Counci Resolution ���
�
Presente By
Referred To Committee: Date '°��'� `�o
Out of Committee By Date
WHEREAS, the City is b ing required by the Environmental
Protection Agency to develo and_ implement a traffic management ,
system on Snelling Avenue f om��,Summit Avenue to Hewitt Avenue and ''
on University Avenue from�;Z xington Parkway to Prior Avenue to
correct an air quality prob em in the Snelling Avenue and
University Avenue area,
WHEREAS, the City does not have sufficient personnel with the
necessary variety of expert' se to perform work of this magnitude,
WHEREAS, the Consultan represents that it is qualified and
authorized to perform such ngineering services in the State of
Minnesota, and has adequate personnel and facilities to complete
work, and shall maintain ad quate personnel and facilities until
all work is completed,
RESOLVED, the proper C' ty officials are hereby authorized and
directed for and on behalf f the City Council to execute and
enter into an agreement for consultant engineering services with
BRW, Incorporated, a copy o said agreement was before the City
Council and which is made a part hereof by reference.
COUNCIL MEMBERS Requested by Department of: �PTK 5/31/88)
Yeas Nays
Dimond � Public Works- Traffic-Donald E. Sobania
Lo� In Favo r . 1
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Adopted by Council: Date �L 2 � �8� Form A ove y Cit rn
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Certified Pas ed b uncil Secr y � By �
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Approved by � vor: e _ +��- � 2 �9oU App by Mayor for S 'ss' r1�to Council
By � .
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P.W. Tra�fic 292-7451 °'�''' ' ��?�
, �e a� _e greemen .
App�ove consultant agreement betwe n BRW, Ir�corporated and the City of 5t.
' Paul for the development and insta lation of tr�ffic control strategies for
the Sn�lling/University Air Qualit Project.
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PlA1MNQ OOMAMBBION.� . pVll BERVICE COMMISSION DATE IN - DAlE OUT ANALYBT � . . PFIUPE►p. - .
. �IIMiO Q04MMBBION� 18D 8?b�.9CF100L BOARD . � . . . ..
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�,�„��z JUN �
�o ttci� Research Cen�et 1988
�A E OF THE DIRECi'OR! ,
JUN 14 3� ,u�u ,�,�+�vT�°,"`�
N/A SER1ttC�
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The City is proposing the construc ion of an Air Quality Tmprovement Projeet
at .Snel3.ing and Un�ver-sity Avenues The City has se�ected a qualifiec�
cbnsul��ant to develop detailed tr� fic control strategi�s artd eptitni'2e sig�al
. t�tmi�gs alo�ig both �venues. . - : _
:,:�mN:tr�we.�»�.�awMro.R r�..�r. . , , _ .: `
The City does not have sufficient ersonnel with the necessary vari8ty of
�xgert'ise to perform the detailed raf�ic control strategies. The consultant,
(BI�W, Inc. )- represents that it' i-s ualified and autYtorized to perform s�ch
engineering ser�rices.
:`C01�IClIr M�rt ra+�a,ana ro,enwm�: , • , . _ . _ ,
Without this agreement, the consul ant will not be able to render the
engineering services needed to cor ect the air quality problem in the
Snelling/University area.
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To be dete��,ned.
_ nisroRr�rs:
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�. Members:
CITY F �AINT PAUL Roger J. Goswitz, chair
�iiiLiijii OFFICI� F TFI� CITY COUNC3IL Janice Rettman
Tom Dimond
������� Date:
Co mittee Report
To: Saint Paul City Cou cil
From :Public Works, Util ties, and Transportation �
Committee
Roger J. Goswitz, Chair
The Public Works Committee a its meeting of July 13, 1988 took the
following action:
Hearing Date
1. 7/19/88 RATIFICATION OF WARD OF DAMAGES: Condemning and taking an
easement in the and necessary for slopes, cuts and fills,
including right f removal of lateral support from sub�ect
land or remai der thereof occasioned by excavations
thereof or con truction of slopes in the grading and
paving of the fo lowing avenue and streets. UPLAND AVENUE
from Burlington Road to Oakridge Street and OAKRIDGE
STREET from app oximately 130 feet west of Upland Avenue
to Howard Street and in FIR STREET from Oakridge Street to
approximately 5 0 feet south of Oakridge Street and in
HOWARD STREET f om Burlington Road to approximately 800
ft. south of Bur ington Road.
Recommended unan mous approval on 3-0 vote.
2. RATIFICATION OF ASSESSMENTS: For the installation of a
sanitary sewer n FORESTER STREET from Canton Street to
Bay Street (Laid over from June 22nd) .
Recommended unan mous approval on 3-0 vote.
3. FINAL ORDER: S dewalk construction and/or reconstruction
at the following locations:
SS-88-36 - Both sides E. COTTAGE AVENUE from Kennard
Street to Flandr u Street (Laid over from June 29th) .
Recommended unan mous approval on 3-0 vote.
SS-88-44 - Wes side NOKOMIS AVENUE fzom unimproved E.
Geranium to unim roved E. Maryland Avenue (Laid over from
June 29th) .
Recommended unan mous approval on 3-0 vote.
CITY HALL SEVENTH UOR SAINT PAUL, MINNESOTA 55102 .
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SS-88-56 - Nort side of E. SEVENTH STREET from E.
Abutment of E. S venth Street Bridge to Maria Avenue and
west side of RIA AVENUE from E. Seventh Street to
approximately 12 eet north of E. Seventh Street (Referred
to Committee June 28th.
Laid over in Comm ttee indefinitely.
4. FINAL ORDER: F r the installation of approximately 42
single globe st le decorative lights on both sides of
SMITH AVENUE from 50 feet north of Annapolis Street to 100 �
feet south of Ba r Street (West side) and 75 feet south
of Baker Street (East side) to be known as the SMITH
AVENUE NEIGHBORH D PARTNERSHIP PROGRAM (NPP) LIGHTING
PROJECT N0. 2. (La d over from June 29th) .
Laid over in Commi tee to July 27, 1988.
5. FINAL ORDER: Fo the operating costs for the Above
Standard Street ighting System for the SMITH AVENUE
NEIGHBORHOOD PART ERSHIP PROGRAM (NPP) LIGHTING PROJECT
N0. 2. (Laid over from June 29th) .
Laid over in Commi tee to July 27, 1988.
6. RESOLUTION 88-949 - Authorizing proper City officials to
execute a three-ye r lease agreement with BUDGET TOWING OF
ST. PAUL, INC. fro June 1, 1988 to June 1, 1991 for 7,667
sq. ft. of vacan land under the Earl Street Bridge for
storage of non-t xic and non-combustible material by
Budget Towing (Lai over from June 29th) .
Recommended unani ous approval with amendment to change
lease to one year nstead of three years.
7. APPLICATION: For t ansfer of Motor Vehicle Salvage Dealer,
Tow Truck Operato -A and 8 Tow Truck Licenses from Roy R.
Carlson, Sr. , DBA Andi's Towing, Inc. at 846 Earl Street
to Roy R. Carlson, Jr. , DBA: BUDGET TOWING, INC.
Recommended unanim us approval with stipulation
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8. RES(3'L�t''JN""�'8��001 - Author�zirrg�'gr+���`�`��i,ci�ls, to
execute an agreem nt for consultant en.g�,�er "� servi�+�s
with BRW, Inc. f r traffic management sy.stem on SNELLYNG
AVENUE from L�aer� ton Parkway to P�ior Ave�nu�°}���-��-correct
�ir quality proble s.
Recommended unanim us approval on 3-0 vote.
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9. RESOLUTION 88-1 02 - Authorizing proper City officials to
execute an ag eement with the State Department of
Transportation hich covers the cost,� maintenance and
operation of th air quality traffic control signal work
on SNELLING AVEN E and University Avenues.
Recommended unan ous approval on 3-0 vote.
10. RESOLUTION 88-1 41 - Approving the reappointment by the
Mayor of Ra nd Eyler to the Water Board of
Commissioners, te m to expire June 22, 1992.
Recommended unani ous approval on 3-0 vote.
11. FINAL ADOPTION 8 -827 - An ordinance amending Chapter 87
of the Legislati e Code pertaining to the Water Code and
Water Service co nections (referred from Council on 6-30-
88) .
Recommended appro al on 2-1 vote - Dimond voting "NO".
12. RESOLUTION: Acqu sition for acquiring ponding area at
Seventh and Hazel Streets.
Recommended appro al on 3-0 vote.
• . . . ��i�i
ENGINEERI G SERVICES AGREEMENT
BETWEEN
THE CITY F ST. PAUL, MINNESOTA
AN D
BR INCORPORATED
FOR
DEVELOP ENT AND INSTALLATION
OF
TRAFFIC CONTROL STRATEGIES AND TIMING PLANS
FOR
SNELLING / UNIVERSI Y TRAFFIC MANAGEMENT SYSTEM
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' T�HIS AGRE�MENT, made and entered i to this day of , 19_ by and between the
• CITY OF ST. PAUL, a Municipal Corporat n in the County of Ramsey, State of Minnesota, hereinafter
referred to as the "CITY", and BRW In orporated, a firm of professional engineers and architects
engaged in consulting engineering serv es, having its principal place of business at 700 S. 3rd
Street, Minneapolis, MN, hereinafter referr d to as the "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY is being require by the Environmental Protection Agency to develop and
implement a traffic management system o Snelling Avenue from Summit Avenue to Hewitt Avenue and
on University Avenue from Lexington Par way to Prior Avenue. (State of Minnesota Project Numbers
164-010-36, 164-010-39; Federal P oject Numbers M5406(9), M5421(9); CITY Project
Number T-1176.) to correct an air quali y problem in the Snelling Avenue and University Avenue
area, and
WHEREAS, the CITY does not have suf icient personnel with the necessary variety of expertise to
perform work of this magnitude at this ti e,
WHEREAS, The the CONSULTANT rep esents that it is qualified and authorized to perform such
engineering services in the State of Min esota for the project hereinafter described, has adequate
personnel and facilities to complete wo under this AGREEMENT and shall maintain adequate
personnel and facilities until all work under his AGREEMENT is Completed, and
WHEREAS: The project cost is eligible for tate and Federal Funds, and
NOW,THEREFORE,IT IS MUTUALLY AGREE AS FOLLOWS:
1.1 Project Work Descri�t'Qg
1 .11 The services to be provi ed under this agreement are those required to develop
various timing plans a d integrate the On-Street-Master controller with the
Minnesota Pollution Contr I Agency's carbon monoxide monitor at the intersection of
Snelling Avenue and Univ rsity Avenue so that air quality violations do not occur at
the intersection.
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1 .12 Not included in the C NSULTANT'S project is the design of the hardware and
interconnect necessary for local and master operation or the software for the local
intersections or the on treet master.
2.1 Scopg
2.1 1 The Scope of services to be provided shall be in accordance with the CONSULTANT'S
Proposal Letter dated S ptember 30,1987, and the actual proposal, attached to this
document as APPENDIX A
2.12 Where there is conflict etween the proposal and this agreement, the provisions of
this agreement shall pre ail.
2.2 Field Survey Work
2.21 All fieid survey work shall be performed by the CONSULTANT.
2.22 Review the plans, speci ications, and estimate for the hardware which has been
developed by the CITY fo informational purposes.
2.3 Construction
2.31 Determine the local int rsection timing and phasing for the various signalized
intersections in the proje t.
2.32 Determine the traffic sign I system cycle lengths which will be appropriate for these
streets and the nine timing plans.
2.33 Determine the traffic sig I controller offsets which will be appropriate for these
streets and the nine timing plans.
2.34 Determine the weights (v lume and occupancy) to be given the various system
detectors for the on-stree -master to make the decisions on which traffic plan to
implement.
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2.35 � Determine the meth d, including hardware and program, by which the
on-street-master contr Iler will interface with, and interpret, the information from
the Minnesota Pollution Control Agency's monitor. Also determine the criteria upon
which the on-street-m ster controller will implement the air quality plan(s).
2.4
2.41 Explain the project and nswer questions to various public bodies and citizen groups
that may be interested i the project.
2.5 Final Product
2.51 Prepare the necessary d cumentation to comply with state and federai regulations.
2.52 Install and fine tune all traffic signal settings in the local controllers and in the
on-street-master
2.53 Integrate the on-street t ffic signal master controller with the Minnesota Pollution
Control Agency's monitor.
2.54 Simulate the various t affic conditions to verify that the various plans are
operational before placing them on the street.
2.55 Monitor the results and m ke adjustments as necessary for a period of one year after
implementation. This mo itoring includes both traffic movement changes brought
about by Air Quality even s. If an air quality event has not occurred, an air quality
event shall be simulated a the monitor and the results analyzed.
2.56 Provide 8 hours of train ng for three CITY staff in the use of the optimization
program that is used to de elop the timing plans.
2.57 Provide documentation to he CITY that clearly identifies the inputs to the program
that is used to determin the various timing plans. This includes air quality
computations.
2.58 Provide the CITY with one py of all traffic data that is collected through the course
of the project.
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3.1 The CITY shall provide a project manager who will be responsible for the day to day
coordination and overall m nagement of the project. The CONSULTANT shall provide a
project director who wil represent and coordinate the design activities of the
Consultant.
REPORTS
4.1 w R I i n n i 1'
4.1 1 In accomplishing the wo k, recognition will be given to the requirements of the
following laws, regulati ns and guidetines related to location, design and
environmental consideratio s. Higher standards shall be used where it is feasible and
economically sound to do
4.111 Minnesota Statutes 161.1 1 - 161.177 inclusive
4.112 U.S. Department of Trans ortation, Federal Highway Administration, Federal - Aid
Program Manuals, includi g:
Book III, Volume 6, Cha ter 2, Section 1, Sub-section 1 (Design Standards for
Federal Aid Projects)
Book V, Volume 7, Chapte 7, Section 9 (Air Quality Guidelines)
4.1 13 National Environmental Po icy Act of 1969. Public Law 91-190
4.1 14 Minnesota Statutes, Sectio 116D.01 et. seq (Environmental Policy Act of 1973).
4.1 15 Minnesota, Department of ransportation Guidelines for Air Quality dated 10/28/85.
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� V T I T TH
Y T IT
5.1 Data and Material
5.1 1 The CITY shali furnish to the CONSULTANT a minimum of two copies of the plans and
specifications for the installation of the hardware, at the master and local
intersections, the inter onnect installation, the placement of the system loop
detectors, and the change ble message signs. �
SECTION 6.0 - TIME SCHEDULE
6.1 �tartinq Time
6.1 1 The CONSULTANT sha I not start work on the project until he receives written
instructions from the CIT .
6.2 i
6.21 The CONSULTANT shall omplete all work and services required under the terms of
this agreement in a time y manner in accordance with reasonable time schedules
approved by the CITY ith a Completion Date set for December 1, 1988. The
CONSULTANT shall subm t a time schedule for all phases of the design work within 10
days of the written notice proceed.
6.22 The CITY may extend th time completion periods upon written request from the
CONSULTANT for delays countered that are beyond its control.
7.1 Method of Payment
7.1 1 The CITY shall pay the C NSULTANT as compensation in full for services performed
hereunder, the lump sum f $76,165.00
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� 7.2 Progress Paxments
7.21 The CITY will make pro ress payments to the CONSULTANT not more than once a
month and upon receip of an invoice therefore in an amount equal to ninety (90)
percent of the estimate progress for each segment of work as noted in the Work
Program Section of the C NSULTANT'S proposal contained in Appendix A.
7.3 Final Payment
7.31 Ten (10) percent of the ontract amount will be withheld for a period of one (1) year
after the implementation f the system in the field. This amount will be paid at the
completion of the one 1) year period provided the system is operating in a
satisfactory manner. S ould the system provided not satisfy the requirements of
lowering the level of poll tants at the intersection or the timing plans have flaws in
how they manage the fl w of traffic the consultant will be expected to adjust the
system to respond to the shortcomings. The determination of this will be made by
the Project Engineer, T Minnesota Department of Transportation Traffic Signal
Engineer, and a represent tive of the Minnesota Pollution Control Agency.
7.4 PI R ' i n - F t
7.41 The CITY reserves the ri ht to order revisions at any time in either the preliminary
or final plans. Such alter tions of revisions may or may not cause an increased or
decreased costs to the co sultant. Fee adjustments for such alterations or revisions
shall be subject to the fol wing limitations.
7.41 1 No change in the characte or extent of the work to be performed by the Consultant
that will alter the fee sha be made except by supplemental agreement in writing
between the CITY and CO SULTANT. The supplemental agreement shall set forth the
proposed changes of work, xtension of time for completion an adjustment of the fee to
be paid the Consuttant.
7.412 If the CITY orders alter tions or revisions without a written request for an
adjustment in the fee, or, i the Consultant fails to submit a written request for an
adjustment in the fee within five days after being notified of such alterations or
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� revisions it will be un erstood that the parties mutually agree that all work shall
be completed in accor ance with such alterations or revisions without any adjustment
in the fee.
7.413 In any case where the onsuitant believes extra oompensation is due him fo�work and
services not clearly co ered by this ag�eement or supplement thereto� he shall notify
the CITY in writing of 's intention to make claim for such extra compensation before
he begins the work on hich he bases his claim.
7.5 Proares� s Renorts
7.51 The Consultant shaii s bmit monthly repons to the Project Manager showing the
progress of the work. A copy of the report form to be used by the Consultant wiil be
submitted to the Project Manager for approval.
7.6 Record Evaluation
7.61 As provided under Minn. Stat. 16.095, all books, records� documents and axounting
procedures and practice of the Consultant are subject to examination by the City
auditor and either the I islative audito� or the state auditor as approprlate. This
same right of examinatio shall also apply to those parties to any agreement entered
into by the Consultant un er Section 13.0 - Sub��
T T
8.1 Termination and Diseute
.—
8.11 The agreement may be te minated by the CITY at any time upon written notice to the
Consultant. In the event t at such termination should take piace at the time other than
the completion of the work to be performed under the agreement� the Consultant shall
be paid for the work perfo ed to the date of termination, contract closing costs, and
if applicable, a portion of the net fee which will be determined by the stage of
completion of the total w rk. The totai payment will be determined by mutual
agreement between the CI and the CONSULTANT. The�otal payment for the reduced
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' quantity of work and con ract closing costs shall not exceed the total payments as set
forth in the original agre ment of succeeding supplements. A supplemental agreement
shall be executed settin forth the reduced amount of compensation the Consultant
shall receive.
8.2
8.21 The original of all Timing plans, Algorithms, Computations and any other project data
or equipment purchased hall be turned over to the city as follows:
8.21 1 Upon written termination f the agreement.
8.212 Prior to finai settlement o a dispute arising out of this agreement.
8.213 Prior to final payment of e ultimate gross amount earned.
T
9.1 The Consultant shall com ly with ati Federal, State and local laws, together with all
ordinances, and regulatio s applicable to the work. He shall procure all licenses,
permits or other rights n cessary for the fulfillment of his obligations under this
agreement.
SECTION 10.0 - REGISTRATION
10.1 The engineering portions f any plans or reports shall be prepared by or under the
direct supervision of a pro ssional engineer, registered in the State of Minnesota.
SECTION 11.0 - CONFERENCES
1 1 .1 The Consultant shall conf with the officials of the City as often as is necessary in
regard to the work to be d e under this agreement and perform any travel necessary
for such conferences. Whe requested by the City, the Consultant shall also assist the
City in negotiations with ot er interested parties both public and private.
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�ECTION 12.0 - INSPECTION
12.1 Duly authorized represe tatives of the City, State and the Federal Highway
Administration shall have the right to inspect the work of the Consultani whenever
they deem it necessary. —
�ECTION 13.0 - SUBLETTING
13.1 The services required for certain portions of the project shall be sublet to Bather,
Belrose and Boje, 7101 Y rk Avenue South, Minneapolis, MN 55435 who is qualified
and authorized to perform engineering services in the State of Minnesota as directed
in the proposal attached a Appendix A. BRW, Inc. is still the Primary Consultant and
is wholly responsible for he project.
13.2 Since the subcontracted ork will exceed $10,000.00 the subconsultant agreement
shall contain all required rovisions of this agreement.
SECTION 14.0 - EMPLOYEES
14.1 The Consultant shall not e gage, on a full or part time or other basis during the period
of the contract, any profe sional or technical personnel who are or have been at any
time during the period of e contract in the employ of the City and the State, except
regularly retired employe , without written consent of the City.
SECTION 15.0 - CONTINGENT FEE
15.1 The Consultant warrants t t he has not employed or retained
any company or person, other than a bona fide employee working solely for the
Consultant to solicit or se re this contract, and that he has not paid or agreed to pay
any company or person, o her than a bona fide employee working for the Consultant,
any fee, commission, per entage, brokerage fee, gifts, or any other consideration,
contingent upon or resulti from the award or making of the agreement. For breach
or violation of this warra ty, the City shall have the right to annul this agreement
without liability or, in ts discretion, to deduct from the contract price or
consideration, or otherw se recover, the full amount of such fee, commission,
percentage, brokerage fee gift or contingent fee.
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SECTION 16.0 - CLAIMS
16. 1 n t t m 1
16.11 Any and ali employee of the Consultant or othe� persons while engaged in the
performance of any wo or services required by the Consultant under the agreement
shall not be considered mployees of the City and any and all claims that may or might
arise under the Worker' Compensation Act of Minnesota on behalf of said employees
or other persons while engaged, and any and all claims made by any third parry as a
consequence of any act r omission on the part of the ConsultanYs employees or other
persons while so engag d on any of the work or services rendered shall in no way be
the obligation or respon ibility of the City.
16.2 n i ilit f n i ili
16.21 The Consultant indemni es, saves, and holds harmless the City and any agents or
employees thereof from any and all claims, demands, actions or causes of action
whatsoever nature of c aracter arising out of or by reason of the execution or
performance of the work f the Consultant provided for under the agreement.
E TI N17. - E FD I A P T
17.1 All designs, reports, and opies of design computations shall become the property of
the City who shall have t e right to use any or all of said plans or designs for any
public purpose.
�ECTION 18.0 - INSURANCE
18.1 The Consultant shall furn sh satisfactory evidence of insurance from loss by any
means of all data furnishe to him by the City and of partially completed survey data,
plans and computations for hich the City has made payment.
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� TI N - IVIL RI T N i TY B T I
19. 1
19.11 During the performance the work and services hereunder, the Consultant's firm,
any assignees and succe ors ininterest shall comply with Title VI of the Civil Rights
Act of 1964, as amended Accordingly, 49 Code of Federal Regulations (CFR) 21
through Appendix H and 3 CFR 710.405 (b) are made a part hereof by reference
with the same force and e fect as though fully set forth herein.
19.2
19.21 It is the policy of the Fed al Department of Transportation and the Ciry that minority
business enterprises as efined in 49 CFR, Part 23, shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in
part with Federal funds un er this agreement. Consequently, the MBE requirements
of 49 CFR, Part 23, apply o this agreement.
19.22 The Consultant shall insur that minority business enterprises as defined in 49 CFR,
Part 23, have the maxi um opportunity to participate in the performance of
contracts financed in wh le or in part with Federal funds. In this regard, the
Consultant shall take all n cessary and reasonable steps in accordance with 49 CFR,
Part 23, to insure tha minority business enterprises have the maximum
opportunity to compete fo and perform such contracts. The Consultant shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of Federally f nded contracts under the terms of this agreement.
19.23 Failure to carry out the above requirements shall constitute a breach of this
agreement and may result in termination of the agreement by the City, and possible
debarment from performin other contractual services with the Federal Department
of Transportation.
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E TI 2 . - F NI N I MA I N T T I
20. 1
20.1 1 At the request of the E ineer, the Consultant shall furnish to the City during the
progress of the work su h designs or other information or data in such detail as may
be required to enable t e City to carry out or to proceed with related phases of the
project not covered by th agreement, or which may be necessary to enable the City to
furnish information to th Consultant upon which to proceed with further work.
E TI - MAINT N E M T AN RD
21 .1 The Consultant shall mai tain all books, documents, papers, accounting records and
other evidence pertainin to cost incurred in connection with work and services
performed hereunder. e shall make such material available at his office at all
reasonable times during t e contract period and for three years from the date of final
payment under this agree ent for inspection by the Ciry, State, the Federal Highway
Administration, or any a thorized representative of the Federal government and
copies thereof shall be fur ished upon request.
22.1 1 The Consultant shall be r sponsible for the accuracy of the work and shall promptly
make necessary revisions or corrections resulting from errors and omissions on the
part of the Consultant with ut additional compensation. Acceptance of the work by the
City will not relieve the C nsultant of the responsibility for subsequent correction of
any such errors and the cl rification of any ambiguities.
22.12 At the time of signing this greement, the Consultant shall furnish to the City a copy
of a policy of Professional Liability Insurance in the amount of ten percent (10%) of
the estimated construction st and, in no case, shall the minimum coverage be less
than $200,000 per project. The insurance premium shall be paid by the Consultant.
age 12
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� SECTION 23.0 - APPROVALS
23.1 Before this agreement s all become binding and effective, it shall receive the
approval of such City offic rs as the law may provide.
ERTIFICATION OF CONSULTANT
I hereby certify that I am and duly authorized
of the firm of BRW, Inc. whose address is
700 S. 3rd Street, Minneapolis, MN, nd that neither I nor the above firm I here represent has:
a. employed or retained for a com ission, percentage, brokerage, contingent fee, or other
consideration, any firm or person other than a bona fide employee working solely for me or
the above consultant) to solicit or ecure this agreement;
b. agreed, as an express or implie condition for obtaining this contract, to employ or retain
the services of any firm or perso in connection with carrying out the agreement;
c. paid, or agreed to pay, to any fir , organization or person (other than a bona fide employee
working solely for me or the above consultant) any fee, contribution, donation, or
consideration or any kind for, or in connection with procuring or carrying out the
agreement;
except as here expressly stated (if a y):
I acknowledge that this certificate is to be furnished to the City of St. Paul, Minnesota
Department of Transportation and he Federal Highway Administration, U.S. Department of
Transportation, in connection wit this agreement involving participation of Federal-aid
highway funds, and is subject to app cable State and Federal laws, both criminal and civil.
DATE:
age 13
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. CERTIFICATION OF THE CITY
I hereby Certify that I am the , and that the above
consulting firm or his represen ative has not been required, directly or indirectly, as an
express or implied condition in nnection with obtaining or carrying out this agreement to:
a. employ or retain, or agree to retain, any firm or person, or
b. pay, or agree to pay, to any f rm, person or organization, any fee, contribution, donation, or
consideration of any kind:
except as here expressly stated (f any):
I acknowledge that this certific te is to be furnished to the Minnesota Department of
Transportation, Fede�al Highwa Administration, U.S. Department of Transportation, in
connection with this agreement i volving participation of Federal-Aid Highway funds, and is
subject to applicable State and Fe eral laws, both criminal and civil.
DATE
IN WITNESS WHEREOF, the parties here o have caused this AGREEMENT to be executed in their behalf
respectively by their duly authorized re resentatives and have caused their corporate seals to be
hereto affixed as of the day and year first above written.
D T F
c
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Assistant City ttorney
CITY OF ST. PAUL CONSULTANT
_________________________ BRW Incorporated
Mayor
��Z�C����-- ---- '� B
- - Y
Director of Public Wor Richard P. Wolsfeld, P.E., Principal
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Direct , Department of Finance 1�lat, f
and Management Services ��`'��
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