255421 6R16�lJA(.TO CfTY CLBRK
CITY GF ST. PAUi. couNC�� a
` � OFFICE �JF THE CiTY CLERK FILE NO.
COUNCIL RESOLUTIGN--G�ENERAL FORM
PRESEN7E� BY
COhiMI5570NEP_
DA7E
RESOLUtD, th�t thP rrop�; city cfficer; �-�re nereby authorized
and directed to execute on t�ehaif ef the City of St. Pau) the
A�reemEnt between the City and Stafie of Minnesota, Department of �
Natural Resources, Metropolitan Council , State Pla�ning Agency, City
of South St. Paul , and Mark Hurd Aerial Surveys,' 1nc.,
said Agreement initiating study in the matter of fiood plain management
for the Mississippi River to allow for the City to prepare a flood plain
ordinance and continue f]ood ptain insurance,
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�1 �o�y of sG i d �1g reemen t be i ng a ttached hereto and i n- p :},
corporated her�in �y refrrence, cC �
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FURTfiER R�tGI_'JE�, that the costs i ncurred by the C i ty ot p :
St. Paui ��r�dei- the term; of this Agreement shali be paid from �'-
code 7730, Fiood Controt Bond Fund, for flood control and
flood plain manageme�t purposes in the sum of $11 ,300.OQ as author-
ized by the extra session of the Minnesota State Legistature.
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coUNCr.�n��N AUG 2 4 1971
Adopted by the �ouncil.__________lg� ,
Yeas �r�y�
Butler AUG 2 4 197�1
�ss�r C° - Ap � �
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Levine �
�_____In Favor
1'.72redi th
Sprafka �
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Mi. President, 11�cCarty
pUBI.ISHED ��� �'-a �lyl� '
Form 1277(5-71) ;
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2554�1
AGREEMENT FOR PROFESSIONAL SERVICES
.. . . . . . . . . . . .....Yg�,p:: . . .. . . � . .
; THIS AGREEI�NT made this day of , 1971, by
_ and between the State of Minnesota, Department of Natural Resources, hereafter
referred to as the "Department", the Metropolitan Council, hereafter referred
to as the "Council", the State Planning Agency, hereafter referred to as the
"Agency", the Cities of St. Paul and South St. Paul, hereafter collectively
referred to as the "Localities", and Mark Huxd Aerial Surveys, Inc., a corporation�
with principal offices at 345 Pennsylvania Avenue South, Minneapolis, Minnesota,
hereafter referred to as the "Contractox"._ ._...,
. WHEREAS, counties, cities and villages of the State of Minnesota are
charged by Minnesota Statutes 1969, Section 104.04, with the duty of enacting
adequate flood plain management ordinances; and
WHEREAS, the Commissioner of Natural Resources is directed by Minnesota
Statutes 1969, Section 104.03, to assist counties, cities, and villages in their
flood plain management activities; and
WHEREAS, the Council is charged by Minnesata Statutes 1969, Sections
473B.05 and 473.05 with the duty to -conduct research studies necessary for the
planning of physical, social, and economic development of the metropolitan
areas; and
WHEREAS, the State Planning Officer is directed by Minnesota Statutes
1969, § 4.12, subd. 4, to undertake studies to obtain information and data on
rural and urban needs; and �
WHEREAS, the City Councils of the Localities involved herein are empowered
to contract for services they deem necessary in executing municipal duties; and
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WHEREAS, the State Planning Officer is empowered by Minnesota Statutes
1969, § 4.13, to enter into contracts with governmental units and private persons
as may-be necessary for the performance of his duties; and
WHEREAS, Minnesota Statutes 1969, Section 471.59, known as the Joint
Powers Act, empowers governmental units to undertake jointly such projects as
they are empowered to undertake severally; and
WHEREAS, the Commissioner of Natural Resources is empowered by Laws
1971, Extra Session, Chapter 3, Section 77 (coded as Minnesota Statutes � 84.085)
to accept grants of money for the purposes of departmental activities; and
WHEREAS, in order to fulfill their statutory duties pursuant to Minnesota
Statutes 1969, Chapter 104, the Localities have need of detailed studies of the
Mississippi basin flood plain; and
NiHEREAS, �t is expeditious for the study to extend from the Ford Uam
near Minnehaha Park to the north municipal boundary of the City of Ha.stings; and
WHEREAS, the Contractor has undertaken aerial photography of the above
described area on Ma.y 7, 1969, and May 7 and 8, 1970, at a scale of approximately
1"=800', which photography is suitable for a detailed study of the above described
area; and
WHEREAS, Contractor represents that he is competent to provide services
for such detailed study; •
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
A. (SCOPE OF SERVICES)
1. The Contractor shall perform the following under this Agreement:
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a. Aerial Photography
Obtain additional photography covering the study area at
a scale of 1"=2000' for preparation of orthophotos.
b. Ground Control
Establish horizontal control for the project using U.S.C. � G.S.,
U.S.G.S. and other suitable control in the area. This control
shall be used in conjunction with photogrammetric bridging
techniques to establish uniform scale and reliable position
throughout the area. All positions shall be related to the
Minnesota State Plane Coordinate System.
Establish the necessary vertical photogrammetric control by
field surveys basing all elevations on Mean Sea Level datum,
1929 adjustment.
c. Cross Sections
The contractor sha11 provide to the Department one set of
1"=800' aerial photography contact prints upon which the Department
� will designate the position and termini of cross sections to be
used in establishing the flood plain limits. Cross sections at
approxima.tely 1,000-foot intervals, or a total of approximately
180 sections, shall be selected by the Department after review by
each party to this Agreement.
� Using the 1"=800' photography, the Contractor shall read a '
profile for each of the cross sections designated commencing at
the downstream end of the study reach. The length of the cross
section shall be sufficient to cover the flood plain as indicated
on the contact prints within the general limits for the flood
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plain as indicated on U.S.G.S: 1:24,000 maps previously furnished'
by the Department. The e2evation readings shall be taken at
significant breaks in the ground slope along the profile with no
elevations separated by more than 200 feet. The information sha.11
be ,recorded on IBM cards by the Contractor using a format pxovided
by the Department and indicating -the station value and the elevation.
Ninety (90) percent of the elevations-read shall be within- one foot
of their correct elevation.
Simultaneously with the rea.d.ing of cross sections, the
Contractor shall compile a planimetric map showi.ng only primary `
features, to serve as control for preparing the orthophotos
described below, and to provide for orientation of cross sections
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on the orthophotos. The location of each cross section with
station values shall be shown. Delivery shall be in the: form of
film positives at 1"=500' suitable for overlaying the l"=500'
orthophotos. Grid lines representing>State Plane Coordinates
shall be shown on the overlays. To supp"lement the grid lines,
land net corners within the flood plain area sha11 be shown in
their approximate location, based on the U.S.G.S. 1:24,D00 scale
maps and features visible on the photograph.
d. Orthophotos
The Contractor shall prepare orthophotos at a scale of
1"=500' covering the flood plain area. These orthophotos shall
be controlled using the planimetric maps described above, under
Cross Sections. The Contractor shall provide individua.l sheets
on stable base material suitable for use in the engineering phase.
Sufficient names, data, and border information for general
orientation shall be included.
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e. Performance Schedule
The Contractor shall make initial delivery of contact prints
for the purpose of delineating cross section within 10 days after
execution of this Agreement. The Contractor shall complete the
services under this Agreement within 120 days after cross section
locations have been furnished. In the event that the Contractor
is unable to perform said services within the time stated, he
shall apply for an extension in writing from the' Commissioner of
Natural Resources. If the Commissioner is satisfied that good
cause exists for such extension, he may grant the same.
f. Payment
The Department shall transmit to the Contractor payment in
the amount of $28,000.00 after acceptance by the Department of
the Contractor's work.
The Contractar's invoice shall be payable within 30 days
after delivery and invoicing for the services rendered. In the
event of unforeseen delays in the completion of the above services,
the Contractor may request partial payment based on work completed.
The Contractor's quotation is valid for a period of six (6) months.
After this time the Contractor reserved the right to review his cost.
2. The Department shall perform the following under this Agreement:
a. Have complete responsibility for obtaining data, making investi-
gations, and administering and preparing an engineering report that
will provide sufficient data for the Localities to prepare flood
plain management ordinances, consistent with minimum state standards,
for the Mississippi River flood plain within the study reach.
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b. Provide river soundings needed for the study.
c. Collect contributions from the Agency, Council and Localities
for payment of the Contractor's services described above.
d. Provide the Localities and the Council with authorization to
utilize the computer programs that are developed by the State to
make investigations of proposed activities as they relate to
influencing flood plain ma.nagement in the Localities. At a
minimum, use of computer facilities shall include those needed
by the Localities for studies to develop sound flood plain
management ordinances.
e. Deliver ten (10) copies of the study report within nine (9) months j
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after execution of this Agreement to each party thereto. �
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3. The Agency, Council and Localities shall perfarm the following under �
this Agreement:
a. Make available for use by the Department all existing records,
documents and ma.ps pertaining to the study which would assist the
Department in the assembly of the data necessary for the study
and for preparation of the engineering report indicated in
Paragraph A 2 a above.
b. Examine the draft of the engineering report and all studies, '
proposals and other documents presented by the Department and
render in writing decisions pertaining thereto.
c. Designate persons to act as representatives in matters relative
with respect to this Agreement.
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d. Upon request by the Department and upon approval of their
authorized agents or councils each party to this Agreement shall '
contribute to the Department funds in the amounts shown below.
The amounts contributed by the Localities are their equitable
share of survey and mapping costs for the study as allocated
among the affected local governmental units within the study
area. No party hereto shall be liable for payment of any amount
not paid by any other party hereto.
PartY Amount
Minnesota State
Planning Agency $ 5,000
Metropolitan Council 10,000
, City of St. Paul 11,300
City of So. St. Paul 1,700
B. (PERFORMANCE)
The study shall commence upon receipt by the Department of the funding
outlined above and shall be carried out in such sequence as to assure an
expedious completion in light of the purpose of this Agreement. Performance
deadlines shall be as previously outlined in this Agreement.
C. (DISPOSITION OF MATERIAL)
All finished or unfinished materials, data and other matter prepared
by the Contractor and the Department shall, at the option of the Department,
become its property.
D. (MISCELLANEOUS) .
1. Interest of biembers of State and Others
No officer, member or employee of the Department, Agency, Council,
Localities or Contractor, who exercises any function or responsibilities
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in the review of the undertaking or carrying out of the project of
which this Agreement is a part, shall participate in any decision
relating to this Agreement which affects his personal interest or the
interest of any corporation, partnership, or association in which he is,
directly or indirectly, interested; nor shall any such officer, member,
or employee of the Department, or any member of its governing body
having any interest, direct or indirect, in this Agreement or the
proceeds thereof.
2. Copyright of Reports, etc.
No report, ma.p, document, or other data prepared or completed '
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under this Agreement shall be copyrighted by the Agency, Council, i
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Localities or Contractor, nor shall any notice of copyright be
regi�tered by the Agency, Council, Localities or Contractor in
connection with any report, map, document or other data prepared or
completed by them under this Agreement. �
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E. (NONDISCRIMINATION) �
Pursuant to M.S.A. � 181.59 there shall be no discrimination against �
any employee who is employed in the performance of the services specified j
by this Agreement, or against any applicant for such employment because of -
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race, color, religion, or natural origin. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination;
for training including apprenticeship.
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APPROVED: �
STATE OF MINNESOTA MARK HURD AERIAL SURVEYS, INC.
COMMISSIONER OF ADMINISTRATION
By
Authorized Signature
APPROVED AS TO FORM AND EXECUTION STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
WARREN SPANNAUS ROBERT L. HERBST, Comanissioner
Attorney General
By
By C. B. BUCKMAN
WILLIAM G. PETERSON Deputy Commissioner
Special Assistant �
Attorney General
STATE PLANNING AGENCY �
. By
EDWIN H. COHOON :
Administrative Services Supervisor
NIETROPOLITAN COUNCIL
By
IN WITNESS, tVHEREOF the governing bodies of each Locality, having
adopted resolutions approving this Agreement, h.ave caused said Agreement to
be signed by their respective duly authorized officers.
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CITY OF SOUTH ST. PAUL •
Dated this day of
� 1971 .
Attest :
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CITY OF ST. PAUL
Approved as t f : � CITY OF ST. PAUL
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By
Assistant Coz�po� ti Co sel Mayor
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Approved as to form and execution
this day of , 1971. Commissioner of Public Works
Dated this day of
Assistant Corporation Counsel , 1971. �
' Attest:
City Clerk �
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City Comptroller �
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