258690 OR161NAL TO CITY CLBRK �J/���V
CITY OF ST. PAUL FLE NCIL NO. �
� , OFFICE OF THE CITY CLERK
• COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED� That the proper City officers are hereby authorized
to execute Agreement between the City of Saint Paul and Twin City
Testing and Engineering La.boratory, Inc. , pertaining to inspection
and engineering services necessary for road construction on
Maryland Avenue (City Project P-0526A), at alestima.ted cost of
$4,000.00, the total cost of said services to be cha.rged to
Permanex�t Improvement Revolving Fund Code 6000 and to be reimbursed
from 1971 County Aid Funds .
FORM PP 0 D:
A r o a ion oun I
COLTNCILMEN Adop�ed by the cou���� MAY 18 197219—
Yeas Nays �
Butler MAy 18
(�� Conway pr 19—
Levine n Favor
Meredith
Sprafka Mayor
:� A gainst
�o-^-�
Mr. President, McCarty
�
�uet���o MAY 2 01���
�
. ..._
_—- --a,�— -_ �_ --�-,-- _
---- _ _ _ _ _ _ _ .
_ _ _
,
�
I{� e No.
�,• (�NERAL CONDITIONS
A. CONII'ZETION DATES . . . . . . . . . . . . . . . . . . . 2
B. TER2�dATIOi� . . . . . . . . . . . . . . . . . . . . . 2
C. Qi1AI.IFICATIONS OF PROJECT ENGII�ER . . . . . . . . . . 2
D. DISPOSITIOFd OF P?�ANS AND COMPt3'rATIONS . . . . . . . . 2
r. c�s, ���� arm n�rs�vcE . . . . . . . . . . . 3
F• CQt�IJ�10E WITH LAWS . . . . . . . . . . . . . . . . . 4
G• CONTINGENT F'F.E. . . . . . . . . . . . . . . . . . . . �F
H. CITY EN�LOYEES . . . . . . . . . • • • • • • • • • • • 5
_.__. .st��rr�G . . . . . . . . . . . . . . . . . . . . . . 5
J. SvccESSORS � assza�s . . . . . . . . . . . . . . . . 5
8. CITY INSPECTIOIY . . . . . . . . . . . . . . . . . . . 5
II• SCOPE OF SERVICES
A• c�i�L RES?orrsls�L�'Y • • • • • • • • • • • • • • • • 5
B. IN-CONSTRUCTION . . . . . . . . . . . . . . . . . . . C
C. n�r��x co:�mzoN . . . . . . . . . . . . . . . . . . . 6
D. SERVICES BY CITY • . . . . . . • • • • • • • • • • • • 6
SII• TI.t� SCI�DULE
A. AtTSHOIRIZATION TO PROCEED . • . • . • . . • • . • • • • 7
IY. PAYMENTS T� CONSULTANT
A. PROJECT COST . • . . . • . • • • • • • . • • • • • • • 7
___ ..,$. FEE RETENTION PRaVISIONS . . . . . . . . . . . . . . . . 8
C. FIIVAL PAYMEIV'T. . . . . . . . . . . • • • • • . • . . • 8 '
.. _ __ _ _ __ _ _ _ __ _ _ _ __ . _ _ ._. _ - . . _ _ � __ . _
�AGREEMENT FOR PROFESSIONAL ENGIlVFERING SERVICES
8�'TWEEN THE
CITY OF SAINT PAUL
-..AND
'�GTIN CITY TESTING AND ENGII�ERING LABORAT�tY, INC.
This Agreement, ma.de this day of , 19 , by arid
between the City of Saint Paul, a municipal corpora.tiori of the State of Minnesota,
hereinaft�r referred to as "City" and Twin City Testing and Engineering Laboratory,
Inc.� hereinafter referred to �,s "Consultant".
i�l2TNESSETH:
-i�if�REAS, the City desires tc construct within its baundaries a certain
xidening and grading project that includes the construction of two bridges. These
pm3ects are identified in the records of the Public Works Depa._tment as P-0526A,
MARYLAISD AVET'UE from Jackson Street to I. S. 35E (Widening and Gra.din�) and B 1022,
tbe_construction of brid�es_No_s._ 62525,.and 62526. •
W�REAS, the City does not have adequate engineering staff to provide inspec-
tion services to construct the afflrementioned project, and
- NdFT, THEREFORE, the City and the Consultant, for the consideration hereinafter
named, do hereby mutually a.gree as follows:
� ' .
/
. J
l. GENERAI, CONDITION3 _
A. COMPLETION DATES .
� Starting times and completion tim�s for the vaxious phases oP the Pro�ect
axe specified in Section III,TII�iE SCHEDULE. � .
B. TERt�NATION
This Agreersent may be terminated by the City at any time upon written notice
to the Consultant, or in the event of death to his legal representative. In
the event th�,t such tesaination should take place at arLy time other than at
the completion of this project, tnen, a.nd in that event, the City will pay
the Consulta.nt the iee determine� by the Consultant's fee schedule for the
work perfor�ed under that portion of zhe Agreea�nt. The ori�i.na1 copies oY
all drawings, prints, plans a.�d field notes prepared by the Consultant prior
to said tez�ai.nation shall beco�e the property of tY:e City. Such termination
shall not a.ffect 8.ny legal right of the Caty agaa,nst the Consultant for ar�y
breach of this Agreement.
C: QUALIFICATIOT;B OF PROJ.�CT ENGIlVE.'ER
For the purpose of deali.ng with the City, the Consultar.t shall assign as
pro�ect er.�ineer, sub�ect to the approral. of the City, a Registered
Professional �n7ineer, registered in I•�.n.�esota, h�ving proven experience in
municipal enoineering who will act as the sin�le ccr.tact with the City in
the conduct o£ plan reviews and during tne construction phase of the work.
Said project engineer shall be in� flzl7. charge a.na responsible f'or th� conduct
of the Consultant's respansibility as well as affordin� liason. The Consultant
may replace said project engineer, subject to the approva.l of the City. The
Consultant shall replace the project er�gineer when requested by the City.
The Consultant shall furnish resumes and other inforrcation as necessary to
permit a proper revi.ew of the qualifications of the project engineer.
D. DISPOSITION OF PLANS AND COMF'UrATIONS
All doctunents, drawings, results of all field tests� final reports and all
_ correspondence produced by this A�reesent shall become the property oP the
' City and sha11 be submitted to the City upon termination of this Agreement •
' or at ax�y other tine upon request by the City. The City ma.y �zse, extend or
enlarge any pZan, specification, designs, survey or other document produced
under this Agreement for any public purpose, at ar�y time� without the conserrt
of or flaxther compensation to the Consultant. '
• - 2 -
E. CLAIldS, INDENIDTITY AND INSik2ANCE
l. Claims
The Consulta,nt indemr�i.fies, saves, and holds harmless and agrees to
dePend the City, its officers, agents or employees thereof, from
any and all claims, demands, actions or causes of action of whatsoever
na.ture or chaxacter arising out of or by reason of the execution or
performa.nce of the work of the Consultant pravided for under this
- Agreement.
2. Independent Contractor
For the purposes of this Agreemerit, the Consultant shall be deemed to
be an independent contractor and not an employee of the City. Ar�y and
all e.mployees of the Consultant or other persons while en�aged in the
performance of ar�y work or services required by the Consultant under this
Agreem�ent shall not be considered employees of the City and any and alI
claims that may or might arise under the Worl�uen's Compensation Act of
Minnesota on behalf of said employees or other persons while so engaged,
and ar�y a.nd all claims made by a�y third party as a consequence of a�y
act or omission on the part of the Consultaat's employees ar other
persons while so enga.ged on any oY the work or services to be rendered
sha11 in no way be the obligation or responsibility of the City. The
Consu7.tant sha11 pay as they becarne due, all �ust claims for work, tools,
machinery, skills, materials, insurance premi�s, equipment and supplies
flarnished, rendered or performed in the execution of this Agreement.
3. Insurance
T'he Consultaat shall carry a.n Architects' and�or Engineers'ProYessional
Liability Insurance Policy an the am�ount of at least $500,000.00, and
shall provide a copy of such Professional Liability Insurasice Po13.cy to
the City� which Policy shall be subject to approval as to form by the
City. In addition to the standaxd co�verage for errors aad omissions,
the Policy shall include coverage for (a) surveys of sub-surface
conditions, (b) ground testing, and contractual liability (hold harm-
less corverage). The Policy sha11 provide that the City shall receive thirty
days' written notice of ca.-�cellation thereof or notice of ar�y ma.terial
changes in sa3d Po].icy.
, - T'h�e Consvltant shall secure and mai.rrtain sueh insurance as will protect
him from claims Por bod.ily i.njury, death, or property damage which may arise •
fram the performance of his services vnder this Agreem�ent.
_ g _
_ ,.--_ . .
F• COI�ZIANCE WaH LAWS
�he Consultant shall comply with all Federal, State and local laws together
vith aLt ordinances and regula.tions applicable to the work. He shall procure
°• �11 licenses, permi.ts, or other rights necessary for the f1i].fil'lm�ent of his
obligations under this Agreem�errt.
Bet'ore fiaal pajrmerrt ca.n be ma.de Yor the worlt on this pro�ect, the �
Consvltant must make a satisfactory showing that he has co�plied with the
- prov3.sions of I,aws of Minnesota, 1961, Chapter 213, Article l, Section 6
as the same may be hereaf'ter cod.ified, requiring the withholding o� State
Inccane Ta�c for wages paid employees on thi.s pro�ect. The required affidavit
- �forms may be alrtained from the Ca�ni.ssioner of Taxa.tion, Centennial Buildi.ng,
st. Pavl, Mirvaesota, 55101.
The Consvltant shall be deemed a contractor Yor the application of all
pravisions hereto and laws against unlaw#'ul discrimination on account of race,
creed or color hereunder. The Consultant agrees, in accordance with Chapter
238, Laws of the State of Minnesota for 1941, that in the hiring of common or
skilled labor for the performance of aRy work under this Agreement, he shall
not, by reason of race, creed, or color discriminate against ar�y person who
is a citizen of the United States who is qualified and available to perform
the work to which such employment relates; that no corrtractor, material
supplier or v�endor under this Agreemerrt shall in ar�y manner discrimi.nate
against, or intim3.date, or prevent the employment of ar�y person, or on bein�
hired, prevenz or conspire to prevent ar�y person from the performance of work
under this Agreemen-t on account o� race, creed or color; that this Agreement
may be cancelled or terminated by the City and a]1 money due or to become
due hereunder shall be forfeited for a second or any subsequent violation of
the terms or conditions of this Agreement.
G• COI�TIN(�NT FEE
The Consu3.tant warrants that he has not employed or reta3ned any c�mpar�y or
J -T-�erson, other tha.n a bonafide employee working sole7�y for the Consu7.tant,
to solicit or secure this Agreement, and tha.t he ha.s not pa3d or agreed to
_pey an�y cwipas�,r or person, other than a bonafide employee working solely for
the Consultarrt, ax.�y fees, co�unission, percentage, brokera.ge fee, gifts, or
at�y other consideration, contingent upon or resulting fra� the awaxd or
making of this Agreement.
, For breach or violation of this warranty, the City .shall hav�e the right to
' annul this contract without lisbility, or in its discretion to deduct from '
t2�e corrtrac-t price or consideration, or otherwise recover, the full amount of
..such fee� ca�ission, percentage, brokerage fee, gif`t or conti.ngent Yee.
� !} _
H• C�C EMP'LO�ES . - - .
Dmcing the period of the contract� the Consta].tant sha11 nart employ ariy
professional or technical personnel who are or have been in the emplay of
__the Department of Pub7ic Works at aay.time during the period of the corrtract,
eaceprt regularly retired empl.oy�ees, without the writtea consent of the public
_�ployer of such person.
I. BUBI�EZTIlVG
The services o� the Consultant to be perPorm�ed here�nder a.re personal and
.ahall not be assigned, sublet or transferred ualess written authority to do
_ ---BO-is granted by the -Ci.ty.
J. SiJCCESSORS Al�ID ASSIQV�
The City and the Consulta� each binds himself, his psrtners, successors,
ezecutors, ad.ministra.tors a.nd assigns to the other party of thi,s AgreemeYrt
and to the partners, successors, e�oeeutors, ac]mi.nistratars and assigns of
sueh ather paxty, in respect to all cavenants of this Agreemerrt; except as
sbo�ve, the Consultazr� shal3. not assign, sublet, or transfer his i.nterest in
this Agreemsnt without the written co�sent of the City. Nothing herei.n shall
be canstrued a.s creating az�y persona3 liability on the part of aRy officer or
a�errt of a�,y public boc�y which may be a party hereto.
B. CITY INSPECTION
Dtt�y authorized representatives of the City shall have the right to inspect
the work oY the Consultant �rhenever they deem it necessary.
_ _ .u• _.__S.�OPE OF SERVICES
A. � x�sPOr:S�arrY
_:_.The consultant shall:
1. Furnish dri]ling rig and crew, �tu�nish all �na.terisls and
� �- supplies, and flzrnish aualified engineer on the project site
to instalZ three piezometers at loca�ions designated and to
degths required. As the filting operation progresses, this �
item would also include the necessaxy a.dditional lengths,
; ' �ath as to material costs arid installation costs.
.
_ 5 _
� ------------ � --_�_
___ ._.___ ,- � ----------- --�___-__ _ ___ _ •-
2. F'urnish qualified soil engineer dvring the pro�ec�t earthwork
crpera.tion to supervise the comrpacting opera.tion, perform all
field. density determi.nations and moisture-density rela.tionships
on the project site, checking quatity a.nd svitabiLity of soil
fYll� and furnishing of required test reports as well as
monitoriag of the settlemerrt pla.tes and aligr�ent stakes.
3. 3ervices of the senior soils eug3.neer to supervise field
apera.tion, malce necessary ana]�ysis, and preparation of
periodic and final test report.
�F. Be ca�pletely responsible for the adequacy aud propriety of
the pha.ses of the inspectio� serviees listed in Paragraphs 1�
2, and 3 above. The Consul.taat warraarts that his findings,
reeam¢nenda-tions, specifications and professional advice will
be performed in accordance with generall�y accepted professional
engineering practices.
5. Serve as the City's professional representative in his pha.ses o�' the
Pro�ect� and shall give consultation a.nd advice to the City during
the perfozmaaice of his services.
B. IN-CONSTRiJCTION
The Consultant shall:
l. Apprave the location and construction oY aLignm�e� stakes,
settlemerrt plates aad sand drains.
2. Install piezo�eters.
3. Apprarve soil �.11 a.nd schedule of embanl�ent operations.
�. Check d.ensity of corupacted materials.
5. Perform o�ther services necessary to complete this pro�ect.
C. AFTER COMPr�TION
Submit to the City all periodic and final test results. Report shall include
_ aew estimates on secondary sett7.emerrt in both the organic swamp soils and in
the soft silty clay alluvial. materi.al. ,
D. SERVICES BY CITY
The City will:
l. Prrnride its requirements for the Project.
2. Make availa.ble for the _use of the Consultant all pertinent City record.s
end documerits pertai.ning to this Project which would assist the
Consultant perfoz7ai.ng his duties.
- 6 -
�
3. Designate persons to act as City representatives with respect to the
xork to be perYormed under this Agreement: Such persons sha11 have
complete authority to tra.nsmit instructio�s, receive information,
imterpret and define City's policies and decisions with respect to
-materials, equipment, elements, and systems gertinent to the work
aavered by this Agreement. .
4. Give prompt written notice to the Consultant wh�never the City
observes or otherwise becomes aware of any error, omission or need
for modification in the Project.
5• Furnish the lo�at3on and elevation af-existing City,bench marks.
b. Furnish approved City Standard Detaa.l Plates if requested by the
Consultant.
7. Furnish one copy of the City of St. Paul Specifications for Street
and Sewer Construction if requested by the Consultant.
III. TIl� SCHEDULE
�4. AUrHORIZATION TO PROCE'ED
The Consultant sha11 not start work on any portion of the Project until he
� receives written instructions to do so t�om the Chief Engineer of the City
of St. Paul.
Before the contractor begins construction on this project, he shall submit
to the City of St. Paul a progress schedule of his proposed construction
operation. The City of St. Paul shall furnish the Consultant with a copy
. _ .�_._..,_,_,.�f�his__s che dule.
N. � PAYI�NTS TO CONSULTANT
-�.A� .�'ROJECT COST � .
_ _._ l._ Furnish drilling rig and crew, flarnish all materials a.nd
-suppLies, and f�.irnish qualified engineer on the project site -
to install three piezoneters at locations designated and to .
depths required. As the filling operation progresses, this �
item would also include the necessary additional len.gths,
' � - both as to ma.terial costs and installation costs. $1�fl00.00
� � ,
_ 7 _
. ... 4 , . . . ...
2. Furnish qualified soil engineer during the pro�ect
earthwork operation to supervise the compacting operation,
perform all field density determina,tions and moisture-
density relationships on the project site, checking quslity
and suitability of soil fill, and flarnishing of required
test reports as well as monitoring of the settl.ement plates
and align�►ent stakes. $2,500•00
3. 3ervices of the senior soils engineer to supervise field
operation, make necessary analysis, and preparation of
periodic and final test report. 5�•�
$4,000.00.
B. FEE RETENTION PROVISIONS
An amouuut oY ten percent of the c�vlative pa.yment due the Consultant, to
pravide for ad'justments in Project Cost, wi11 be withheld until thirty days
af`ter Agreement Termination or until Fina1 Payment. In ar�y instance where
the amount withheld is insufficient to pravide for downwaxd adjustments in
the fee, the Consultant shall pay the amount of the insufficiency within
thirty days o� determination.
C. FINAL PAYMENT
Final payment to the Consultant will be made within thirty days after a11
of the conditions of this Ag_eement have been satisfied.
IN WITNESS WHEREOF, The parties hereto have caused this agr..ement to be
executed by their proper officers thereunto duly authorized the day a.nd year
first above written. '
�CITY OF SAINT PAUL
,Approved as to form: By �
' . Ma,yor
Assista.n o o io C unsel Commissioner of Public Works
Attest: '
City Clerk
Countersigned:
City Comptroller
_ $�_
� , � �
WITNESSED: TW1N CITY TESTING & ENGINEERING
LABORATORY, IlVC. �
��-._xGr�c�a� /� �,��..�a5.�� B3►' � � �
�
r' I J
�� ����
��7
�
_ 9 _
_
__.�___ ____ ___ ___._____ - �--
ou��cnrs ro�rnN�sn
• CITY OF ST. PAUL CF.O�UNqL No 25869f�
.�_ OFFICE OF THE CIN CLERK
N COUNCIL RESOLUTION—GENERAL FORM
PRQSENTED!Y
COMMISSIONER DAT�
RESOLVED, Th�tt the proper City officers are hereby authorized
to execute �greemQnt between the City of Saint Paul and �i,n City
Tastin�g and E�gineering Le„boratory, Inc. , partaining tv inspaction
and engineering services neceasary for road construction on
Maryland Avenue (Gity Project P-0526A), at a eetimated coat of
$4,000.00, the total cost of said aervicea to be charg�d to
Permanent Improv+ement Revolving Furyd Code 6000 ar�d to be reimblsrsed
from 1971 County Aid Fun�ds.
MAY 18 1972
COUNCILMEN Adopted by the Co�m . 19_
Yeas Nays
Butler MAY 18 1�
(� Conway Approv� 19—
�°�e Tn Favor
Meredith
Sprafka � �r
�ede�sca---� AS�amst
Mr. President, McCarty
��9
�