269829 WHI7E - CITV CLERK COl1I1C11. ������
PINK - FINANCE G I TY OF �SA I NT .PALT L - 1 � � - �
CANARV - OEPARTMENT � - �
BLUE - MAVOR . Flle NO•
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C nci Resolution
Presented By �
Referred To Committee: Date
Out of Commiftee By Date
RESOLVED, That the proper City officers are authorized and
directed to execute on behalf of the City of Saint Paul, an agree-
ment between t�ie City .of Saint Paul and Orr-Schelen-Mayeron &
Associates, Inc. , for the preliminary design of the St. Anthony
Hill Sewer Relief System, said agreement to be completed on or
before February l, 1978, and a copy of said agreement to be kept on
file in the Department of Finance and Management Services.
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COUNCILMEIV
Yeas Nays Requested by Department of:
Butler _� �n Favor
Hozza
Hunt �
Levine _ __ Against BY
Roedler
Sylvester
Tedesco 7 1977
Adopted b ouncil: Date
SEP 2, Form ppro ed by ty Attorney
Ce ied Pass y Coun ' Secretary BY �
By
r.\ � ,SEP 3 0 1977 Appr y or for S issi to Council
Appro�ed,by IVlayor: Date '
�,3r `�
By ' BY
� ��1BLISHED �CT � 1��'T
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ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF SAINT PAUL, MIPINESOTA
AND
' ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
FOR
THE PRELIMINARY DESIGN OF THE
ST. ANTHONY HILL SEWER RELIEF SYSTEM
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CITY OF SAINT PAUL
DEPARTMENT OF FINANCE AND MANAGEMENT SERVIC�S
SEPTEMBER 1977
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AGREEMENT
BETWEEN
THE CITY OF SAINT PAUL, MINNESOTA
AND
ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
THIS AGREEMENT, made and entered into this day of
, 1977, by and between the CITY OF SAINT PAUL, a
Municipal Corporation in the County of Ramsey, State of Minnesota,
hereinafter called the "CITY" and ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
a Minnesota Corporation, engaged in consulting engineering services
with offices at 2021 East Hennepin Avenue, Suite 238, Minneapolis,
Minnesota 55413, hereinafter called the "CONSULTANT" ,
WITNESSETH:
VIHEREAS, the CTTY proposes to undertake a study and the pre-
liminary design of a sewer relief system in the St. Anthony Hill
Area of Saint Paul, see E�ibit 1, hereinafter referred to as the
"�ROJECT" ;
WHEREAS , the CONSULTANT represents that he is qualified and
authorized to perform such engineering services in the State of
Minnesota hereinafter described,
NOW, THEREFORE, in consideration of the covenants and agreements
hereinafter set forth, the CITY and CONSULTANT agree as follows:
ARTICLE I: SCOPE OF SERVICES
This AGREEMENT shall cover professional engineering services
for the study and preliminary design of a sewer relief system to
relieve the sewage back up problem in the St. Anthony Hill Area.
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The scope of services under this AGREEMENT includes the
following:
A. Determine the quantities of sewage and storm water inflow into
the combined sewer system.
B. Determi.ne any existing inadequate wastewater conveyance
facilities in the study area by utilizing these flow
quantities, mathematical modeling and city records.
C. Identify and develop soluti.ons for the existing inadequate
wastewater conveyance facilities within the study area which
are now or which will be health hazards or are a limitation
to proper area development.
D. Develop alternative measures to relieve the present combined
sewer system of the area.
E. Develop a cost-effective and implementable plan which can
be readily compatable with the combined sewer overflow plan
of the Metropolitan Waste Control Commission.
F. Prepare the preliminary design of the system plan which will
include preliminary layouts, hydraulic profiles, design
computations, and detailed construction cost estimates.
G. All findings and recommendations shall be prepared in a
final report of which 30 copies will be presented to the
CTTY.
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ARTICLE II: THE CITY 'S RESPONSIBILITIES
The CITY will:
A. Provide full information as to its requirements for the PROJECT.
B. Assist the CONSULTANT by placing at his disposal a11 available
information pertinent to the PROJECT including previous reports
and any other data relative to the PROJECT.
C. Guarantee access to and make all provisions for the CONSULTANT
to enter upon public and private property as required for the
CONSULTANT to perform his services under this AGREEMENT.
Provide personnel and equipment to assist the CON5ULT.ANT in
entering any of the facilities for purposes of inspection
or placing and maintaining measuring devices.
D. Examine all studies , reports, sketches, estimates , dr�wings,
and other documents presented by the CONSULTANT and render
in writing decisions per�aining thereto within a reasonable
time so as not to delay the services of the CONSULTANT.
E. Designate in writing a person to act as CITY'S representata,ve
with respect to work to be performed under this AGREEMENT; and
such person shall have complete authority to transmit instruct-
ions, receive information, interpret and define CITY'S policies
and decisions with respect to the services covered by this
A�REEMENT.
F. Give prompt written notice to the CONSULTANT wlzenever the CITY
observes or otherwise becomes aware of any defect in the PROJECT.
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ARTICLE III : SERVICES TO BE PROVIDED BY THE CONSULTANT
This article describes in detail the services to be provided by
the CONSULTANT.
A. Phase 1 - Project Initiation
In this phase the CONSULTANT'S praject team will be �sser.�bled
and a preliminary meeting will be held with the Public Works
and Engineering Department (PLaE) staff to outline the plan of
study and problems of sewage backup in the study area.
B. Phase 2 - Data Collection
The CONSULTANT shall collect existing data, maps, applicable
regulations, previous studies, existing geological and soils
information, existing and proposed land use, other proposed
street and highway improvements, and proposed industrial,
commercial, recreational and residential developments which
might be affected, and other avail�.ble information and data
which may influence the study. The CONSULTANT shall arrange
and confer with City, County, State, Federal, and other
governmental representatives whose authorities may have
influence on the study area to determine possible areas of
cooperation and to avoid unnecessary conflicts.
Reports and data collected will be used in the sewage flow and
inflow analyses, and in establishing characteristics of the
combined sewer system.
C. Phase 3 - Preliminary Evaluation
An evaluation of the combined sewers in the study area will
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be made during this phase to determine the effects of sewage
backup and the surcharging and overloading of the system sewers.
Also, this evaluation will utilize the flow measurement data
collected under Phase 2.
A sewage flow and inflow analyses of certain segments of the
system will be undertaken and completed. The analyses will
determine which part or parts of the study area system
experience excessive overloading.
D. Phase 4 - Identification and Screening of Alternatives
In Phase 4, alternative combined sewer relief inethods will
be considered, in the context of input from the evaluations
done in Phase 3. The methods considered will include sewer
separation, overflows storage (surface and/or subsurface)
and/or treatment, and combinations of all of the foregoing.
Emphasis will be based on preliminary and secondary screening
to obtain a workable number of alternative methods or alter-
native control systems.
The mathematical modeling technique will be employed in
assisting in the evaluation of control methods.
Alternative methods considered will include both above and
below ground storage of overflows.
A preliminary screening of all obviously nonapplicable
methods will be screened out through a joint conference with
PWE staff and by prelimi.nary cost estimates.
A secondary screening process will be undertaken to result in
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the selection of, at most, three primary relief inethods for
the study area. Secondary screening will be based on the
development of a comparative analysis. This will relate
preliminary costs for alternative control techniques to the
level of relief desired. Therefore, for a specified 1eve1
of control, it will be possible to determine which alternative
control technique has the lowest cost.
During this phase the alternate solutions will be reviewed
for compatability with the MWCC Combined Sewer Overflow study
and the Department of Transportation Interstate 94 outfall.
Plans for each alternative relief inethod will be evaluated
on the basis of cost, implementation, environmental impact
and �inancial and 1ega1 characteristics. All of the plans
will be displayed for and discussed with PWE staff.
A matrix ranking system or similar approach will be developed
which will be used by the CONSULTANT and PWE staff to rank all
of the alternative relief plans. The three plans will be pre-
sented at a public meeting.
E. Phase 5 - Alternatives Evaluation and Selection
After the public meeting the three plans will be reranked in
a joint conference with PWE and the recommended relief plan
selected.
F. Phase 6 - Preliminary Engineering
The preliminary engineering phase will include preparation of
prela,minary layouts, hydraulic profiles, design computations,
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and detailed construction cost estimates. It will also in-
clude additional geophysical evaluations for subsurface contrnl
facilities .
ARTICLE IV: TIME SCHEDULE
A. AUTHORIZATION TO PROCEED
The CONSULTANT shall commence work on the PROJECT promptly
after the execution of this AGREEMENT and written notice to
proceed and shall proceed to carry through to completion
without any undue delay, except as provided herein.
B. COMPLETION OF FINAL SEWER RELIEF SYSTEM PLAN
The CONSULTANT shall deliver to the CITY the completed Final
Sewer Relief System Plan and preliminary engineering design
drawings of the PROJECT no later than February 1, 1978 .
C. TIME EXTENSIONS OF COMPLETION PERIODS
The CITY may extend the aforesaid time completion period upon
written request from the CONSULTANT because of delays encountered
that are beyond his control. The extent of this time extension
shall be determir�ed by the CITY.
ARTICLE V: COMPENSATION
A. TOTAL COMPENSATION
The CTTY agrees to pay the CONSULTANT for his services described
in ARTICLE III an amount not to exceed Fifty eight thousand
four hundred sixty eight dollars ($58,468.00) in accordance
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with the Price Summary, attached hereto as Exhibit 2 .
Billings by the CONSULTANT for labor will be made at actual
rates times the multiplier for personnel engaged in the PROJECT.
Other direct expenses , including computer rental, travel,
equipment rental, and report reproduction costs not generally
included in normal overhead will be reimbursable at cost.
B. ADDITIONAL COMPENSATION
In the event that unforeseen or unusual conditions arise
during the study that would alter the scope of services
described in this AGREEMENT for which the CITY would request
additional professional services the CONSULTANT must make a
request for extra compensation for the additional professional
services within ten (10) days of the CITY'S request. Upon
AGREEMENT between the CITY and CONSULTANT as to the amount
of such extra compensation when it has been determined
that such an amount exceeds the maximum amount of $58,468.00
mentioned above, a supplement to this AGREEMENT will be entered
into establishing the scope and extent of the additional pro-
fessional services.
C. METHODS OF COMPENSATION
The amount of $58,468.00 will be paid to the CONSULTANT in the
following manner, in every case, subject to receipt of a
requisition for payment from the CONSULTANT specifying that
he has performed the work under this AGREEMENT in conformance
with the AGREEMENT and that he is entitled to receive the
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The Consultant agrees , in accordance with Minnesota Statutes
181.59 , and in accordance with Chapter 74 of the Saint Paul
Legislative Code, that in the hiring of common or skill�d labor
for the performance of any work under this Agreement, Consultant
shall not by reason of race, creed, color, national origin,
religion, or sex discriminate against any person who is
qualified and available to perform the work to which such
employment relates; and that this agreement may be cancelled
or terminated by the CITY and all money due or to become due
hereunder shall be forfeited for a s�cond or any subsequent
violation of the t�rms or conditions of this agreement.
C. ASSIGNMENT
The services of the CONSULTANT to be performed hereunder are
personal and sha11 not be assigned, sublet, or transferred
unless written authority to do so is granted by the CITY,
except as provid�d herein. !
Personnel from the firm of Gannett Fleming Corddry & Carpenter, �
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Inc. , Harrisburg, Pennsylvania; and American Consulting Servic�s,
Inc. , Minneapolis , Minnesota; will be engaged by the CONSULT.ANT
to provide specialized assistance in 1) Computer analysis and
alternatives development and 2) flow measurements and sewer
system evaluation respectively. Also Dr. Charles Nelson and
Dr. Donald Yardley, Underground Consultants, will be used by
the CONSULTANT to provide consultation regarding geotechnical
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evaluations. Services performed by these specialized consul-
tants will be billed on an hourly basis according to the rates
set forth in Exhibit 2.
D. INSURANCE
The CONSULTANT, as Principal, shall carry an Architects '
and/or Engineers ' Professional Liability Insurance Policy in
the amount of at least One Million Dollars ($1,000,000)
and shall provide a copy of such professional liability
insurance policy to the CITY, which policy shall be subject
to approval as to form by the CITY. The policy shall provide
that the CITY shall receive thirty (30) days ' written notice
of cancellation thereof or notice of any material changes in
said policy.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT
to be executed in their behalf respectively by their corporate seals
to be hereunto affixed as of the day and y�ar first above written. ;
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Approved as to form: CITY OF SAINT PAUL
Assistant City Attorney Mayor
Director, Finance & Management
Services
In presence of: ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
By
Its
And
Its �
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CITY OF 5T. PAUL, MINNESOTA
ST. ANTHONY HILL SE4dER RELIEF SYSTEM
PRICE 5UM1�'tARY
Consultant: Orr-Schelen-I�Zayeron & Associates, Inc.
2021 East Hennepin Avenue
Niinneapolis, Minnesota 55413
LABOR CO5T5
Classification Hourly Payroll Rates Hours Estimated Cost
Range Average*
Project Director $20. 00 $20. 00 88 $ 1, 760. 00
Project Engineer 12. 50-19. 75 17. 00 260 4,420. 00
Design Engineer 10.50-11.50 11. 00 535 5,8$5.00
Technician 8. 50-I2. 00 9. 50 534 5,073.00
Draftsman &
Non-Technical 4. 50- 9. 00 7. 00 367 2,569. 00 t
$19 ,707.00 !
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Multiplier (G � A, Profitj X 2. 50 �
Total Labor Costs $49,268.�0
ESTIMATED DIRECT EXPEN5ES
Computer Rental $ 2,000.00
Travel 1,200. 00
Monitoring Equipment 4 ,000. 00
Reproduction 2,000.00
$ 9 ,200.00 `
TOTAL PROJECT COST (NOT TO EXCEED) $58 ,468 .00
*Weighted average based on anticipated personnel assignments
EXHIBIT 2
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amount requisitioned under the terms of the AGREEMENT. Partial
payments will be made on a monthly basis based on the percent-
age of the scope of tasks completed at the time of billings.
Invoic�s are due and payable within thirty (30) days after
date of the invoice. Such invoices shall represent the value
to the CITY of the partially completed work based on the
proportion which its percentage of completion bears to the
total value of $58 ,468.00 . Such invoices will be checked by
the CITY and payments will be made in the amount of 90 percent
of such amount thereof as has been found to represent the
value to the CITY of the partially completed work, less any
amounts previously paid on account.
ARTICLE VI: GENERAZ CONDI�IONS
A. TERMZNATION
This AGREEMENT may be terminated by the CITY for any reason
whatsoever, at any time upon seven (7) days written notice �
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to the CONSULTANT. In the event that such teranination should '
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take place at any time before the completion of the PROJECT, '
the CITY will pay the CONSULTANT the same percentage of the fee
as the completed work bears percentage-wise to the total work to '
be performed under this AGREEMENT.
B. NON DISCRIMINATION
The CONSULTANT shall be deemed a contractor for the application
of all provisions hereto and laws against unlawful discri-
mination on account of race, creed, color, sex, national origin.
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