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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, � � c W � . �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 � � o � Q Q o � 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. i � 1 i , I 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 � � �- _ 19_ Levine � �_____In Favor 1'.72redi th Sprafka � �� �gainst � � � Mi. President, 11�cCarty pUBI.ISHED ��� �'-a �lyl� ' Form 1277(5-71) ; a ' . � � 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 ,,,,.�,:, �. _ 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: - 2 - 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 - 3 - 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 . 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. - 4 - 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. - 5 - 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 � after execution of this Agreement to each party thereto. � � � � 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. - 6 - 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 � - 7 - 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 ' ; � under this Agreement shall be copyrighted by the Agency, Council, i � � 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. � s � p 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 - i 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. - 8 - k ' •� ' � � . .� . � � � � ��i . � .. . . . . � �.. 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. � _ _ , CITY OF SOUTH ST. PAUL • Dated this day of � 1971 . Attest : . '� � - 9 - � � �� � � • . . CITY OF ST. PAUL Approved as t f : � CITY OF ST. PAUL C � i , � By Assistant Coz�po� ti Co sel Mayor x a r' � I ; 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 � t . � City Comptroller � ; 1 � �{ i - 10 -