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238140 J � " , -^y ORIGINAL TO CITY CLERK �� ��,7'���� � " CITY OF ST. PAUL couNCi� N0. -- • OFFICE OF THE CITY CLERK FILE C N L RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE ATF ... RESOLVED, By the Coun.cil of the City of Saint Paul, that the proper City officers are hereby authorized and .elirected to ,� execute, on behalf of the City of Saint Paul, agreement between the City of Saint Paul and Horner & Shifrin, Inc. , Consulting Engineers, for an intensive investigation of its sewer system to determine needed works to comply with the Minnesota I�llution Control Agency directive dated August 2Q 1967. , �.... - ' ---�---� � - ' � FORM A PROVED A t• rporation ns � R �: 7 196� �� COUNCILMEN Adopted by the Counci� 19— Yeas Nays ,�� 17 I9�� Carlson . Dalglish Approved 19—._ Holland � Tn Favor � � � Meredith � � � Mayor �at�rr� A gainst Tedesco ..��Y:��.���:.�s�.�:�:::6:�:�i PltBLIS�IE� APR �0 1�6� Ms:y�ce P.r�eident YP¢�erson) , �O r 2���` - �J DUPLICAT[TO PI21NT[IQ � ' CITY OF ST. PAUL FIOENCIL NQ. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED Slf COMMISSIONER �ATF RESOLVED� By the Counoil o� the City of Saint Paul, tha� the proper� C3.�y of�ioers are hereby suthorized and direoted to ezeoute� on behalf of the City o� Saint Paul, agreement between the City of Saint Paul and Horner & Shifrin, Ino. , Consu�.ting En.gineers, for an intensive investigation a� its eewer �yste� to determine needed work$ to eomply �itY� the Minnesota Rllutipn Control Agenoy direc3ti.ve clated August � 1967. �PR � ? 1968 COUNCILMEN Adopted by the Council 19— Yeas Nays �pR � � 196� Carlson ' Dalglish Approved 19—._ Holland � Tn Favor Meredith b Mayor �� - Againat Tedesco �' L'3 A ••7°:::::::�: °...�.,.:i:�4�+��6e��,LEleeie9:9e9: Mr. Vice President jPeterson) �� i • ' ' � • «r � 3 �"J � D . AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF SAINT PAUL �. . }�, AND HORNER & SHIFRIN, INC. + CONSULTING ENGINEERS , This Agreement, made this day of , 1968 by and between the City of Saint Paul, a municipal corporation of the State of Minnesota, acting in the premises by and through its Commissioner of Public Works and other proper officers, under the authority of a resolution of its Council, C. F. No. , approved , 19 , here- inafter referred to as "City" and Horner & Shifrin, Inc. , hereinafter referred to as "Consultant". � WITNESSETH: WHEREAS, the City clesires to conduct an intensive investigation of its sewer system to determine needed works to comply with the Minnesota Pollution Control Agency directive contained in letter to Mayor Byrne, dated August 2, 1967, and WHEREAS, the Gity does not have adequate engineering staff to per- - form said detailed engineering studies, investigations, analyses, and reports, and NOW, THEREFORE, the City and the Consultant, for the consideration hereinafter named, do hereby mutually agree as follows: I. GENERAL CONDITIONS A, GOMPLETION DATES: Starting times and completion times for the various phases of the project are specified in Section V, TIME SCHEDULE. B. TERMINATION: This Agreement may be terminated by the City for any reason what- soever, at any time upon written notice to the Gonsultant. The original copies of all drawings, prints, plans, field notes and other written information pre- pared by the Consultant prior to said termination shall become the property of the City. Such termination shall not affect any legal right of the City against the Consultant for any breach of."this Agreemeizt. G. QUALIFICATIONS OF PROJECT ENGINEER: For the purpose of dealing with the City, the Consultant shall assign as project engineer, subject to the approval of the City, a Registered Civil -1- � � . � • �� . Engineer, registered in Minnesota, having proven experience in municipal engineering who will act as the single contact with the City in the conduct of reviews. Said project engineer shall be in full charge and responsible for the conduct of the Consultant's responsibility as well as affording liaison. The Gonsultant may replace said project engineer, subject to the approval of the City. The Consultant shall replace the project engineer when requested - by the City. The Consultant shall furnish resumes and other information as necessary to permit a proper review of the qualifications of the project engine er. . D. DISPOSITION OF PLANS AND COMPUTATION5: All plans, survey notes and copies of design computations shall become the property of the Gity. The City shall have f.he right to use any or all of said plans or designs for any public purpose. E. CLAIM5, INDEMNITY AND INSURANCE: 1. Claims The Consultant shall indemnify and save harmless the City and all of its offi:cers, agents and employees from all suits, actions or claims of any character brought for or on account of any injuries or damages re- ceived by any person or property resulting from an error, omission or negligent act of the Consultant or any persons employed by him, in carrying out the terms of this Agreement. � 2. Independent Contractor For the purposes of this Agreement, the Consultant shall be deemed to be an independent contractor and not an employee of the Gity. Any and all employees of the Consultant or other persons while engaged in the performance of any work or services required by the Consultant under this Agreement shall not be considered employees of the City and any and all claims that may or might arise under the Workmen's Compensation � Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the Consultant's employees or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the City. The Consult- ant shall pay as they become due, all just claims for work, tools, machinery, skills, materials insurance premiums, equipment and supplies furnished, rendered or performed in the execution of this Agreement 3. Insurance The Gonsulta,nt shall carry an Architects and/or Engineers' Professional Liability Insurance Policy in the amount of at least $250, 000. 00, and shall provide a copy of such Professional Liability Insurance Policy to the City, which Policy shall be subj ect to approval as to form by the City. In addition to the standard coverage for errors and omissions, the Policy shall include coverage for contractual liability (hold harmless coverage). The Policy shall provide that the City shall receive thixty .days' written notice of cancell��xxo�nthereof or nti:tice of any material changes in said Policy. -2- � ' � • � •1 � The Consultant shall secure and maintain such insurance as will protect him from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agree- ment. F. COMPLIANCE WITH LAWS: � The Consultant shall comply with all Federal, State and Local Laws together with all ordinances and regulations applicable to the work, He shall procure all licenses, permits, or other rights necessary for the fulfillment of his obligations under this Agreemento Before final payment can be made for the work on this project, the Consultant must make a satisfactory showing that he has complied with the provisions of Laws of Minnesota, 1961, Chapter 213, Article I, Section 6, as the same may be hereafter codified, requiring the withholding of State , Income Tax for wages paid employees on this project. The required' affidavit forms may be obtained from the Commissioner of Taxation, Gentennial Building, St. Paul, Minnesota 55101. The Consultant shall be deemed a contractor for the application of all provisions hereto and laws against unlawful 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 any work under this Agreement, he shall not, by reason of race, creed or color, disc�rirriina,te against any 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 contractor, material supplier or vendor under this Agreement shall in any manner discriminate against, or intimidate, or prevent the employment • of any person, or on being hired, prevent or conspire to prevent any person from. the performance of work under this Agreement on account of race, creed or color; that this Agreement may be can�.elled or terminated by the City and all money due or to become due hereunder shall be forfeited for a • second or any subsequent violation of the terms or conditions of this Agree- menta G. CONTINGENT FEE: The._Consultant warran�s that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fees commission, percentage, broker- age fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or in its discretion to deduct from-tlie contract price or consider- ation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent feeo H. CITY EMPLOYEES: The Consultant shall not engage on a full or part-time or other basis during the period of the contract any professional or technical personnel who -3- , . • � '. are, or have been at any time during the period of the contsact, in the employ of the City, except regularly retired employees, without the written consent of the public employer of such person. I, SUBLETTING: The services of the Consultant to be performed hereunder are personal and shall not be assiigned, sublet or transferred unless written authority to do so is granted by the City, J. SUCCESSORS AND ASSIGNS: The City and the Consultant each binds himself, his partners, succes- sors, executors, administrators and assigns to the other party of this Agree- ment and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, the Consultant shall not assign, sublet, or transfer his interest in this Agreement without the written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. K. CITY IN5PEC TION: Duly authorized representatives of the City shall have the right to inspect the work of the Consultant whenever they deem it necessary. II. SCOPE OF SERVICES A. GENERAL RESPONSIBILITY: The Gonsultant shall: 1. Have complete responsibility for doing all investigations, monitoring, sampling, studies, analyses, etc. necessary for the preparation of preliminary plans for controlling sanitary sewage discharge to the Mississippi River, by s eparation of the combined s ewer system or by other approved alternate methods. 2. Serve as the City's professional representative in all phases of the study and project report and give consultation and advice to the City during the performance of his services, 3. Coordinate this study as neces sary with that of other con- s ultant s. B. STUDY PHASES: The report shall be conducted in two phases, 1. Phase I - a. A general appraisal of the alternatives that are avail- able and the preparation of a program of investigations necessary to complete the study required by the Minnesota -4- Pollution Control Agency (MPCA). This phase shall � include, but not be limited to: (1) Reviewing previous studies, reports, and pertinent data relative to estimating wastewater system needs for the City. . (2) Making cursory general investigations of existing wastewater facilities to determine their condition and capacity to meet present and fut�re requirements. (3) Making recommendations to the City as to the effects of state standards proposed for Federal approval � for sewer effluents discharging into that reach of the Mississippi River through St. Paul, Such recomsnen- dations to be based on studies of other water courses throughout the nation as well as the Mississippi River and its tributaries. (4) Determining ways to conduct direct to sanitary interceptors via express sewers sanitary wastes from suburbs and the Minnesota Mining & Manu- facturing Co, Conway Street connection. b. The objectives of the Phase I study are as follows: (1) To identify and appraise, very generally, the conceptual alternatives for achieving the equivalent of combined sewer separation for the area served by the City combined s ewer system to meet the MPCA requirements, The alternate plans investigated shall include, but shall not necessarily be limited to: (a) Separation of combined storm and sanitary flows by the construction of new storm and sanitary sewers where feasible. (b) Separation of storm flow from combined sewers, the diversion of such flows to new storm sewers and conveyance directly to the Mississippi River, (c) Proposal of designs for reliable and functional regulator systems through which the City in connection with the proposed monitoring system may exercise•positive control of overflows, In this connection review the Minneapolis-St. Paul Sanitary District (M5SD) ' system of monitoring overflows at major regulators and make recommendations, where appropriate, to adopt or modify the MSSD system for use at those combined sewer overflows in the St. Paul system not presently supplied with monitoring devices. -5- (d) Separation of storm flow from combined sewers by disconnecting all storm water inlets or clear water lines therefrom, and diversion to new storm sewers. (e) Separation of sanitary flow from combined sewers by disconnecting all building sewers and diversion to new or existing sanitary sewers. (f) Installation of interceptor devices of small capacity in storm sewers and con- veyance of the early flush of storm water runoff containing organic materials washed off the streets to existing or new trunk sanitary sewers. (g) Interception of mixed flows and conveyance to suitable storage areas, (h) Selection of natural storage basins or the determination of prepared storage areas for treatment of mixed flow and release to river. (2) To select from the alternates identified above those that merit further engineering and economic (benefit vs, cost)iinvestigation and analysis. � (3) To prepare a program of investigation and analysis. for comparison of alternatives and for preparation ' of an overall plan to meet the MPGA requirements. 2. Phase II - The detailed investigations and analyses outlined in the program developed in Phas e:I. a. Development of Background Data. (1) Review reports prepared by the Departmefzt of Public Works of the Gity entitled "Metropolitan St. Paul Sanitary Sewerage Report" and "City of St. Paul Sewerage and Drainage Report" with the objective of incorporating into the recornrnended plan to be developed by the following studies and investigations those sewers proposed in the reports that are compatible with the recommended plan. (2) Confer with representatives of the MSSD relative to their investigations in connection with the monitoring of overflows in the St. Paul sewer system. Confer with the MP�A on the matter of water q.uality standards. Confer with the U. 5. Army Engineers, St. Paul District, with regard to seasonal discharge of the Mississippi River and related stages as well as present and proposed.flood protection works and floodway requirements. Confer with the appro- -6- priate regional and local planning agencies relative to projected population numbers and land use data. During the progress of the work, as special situ- ations arise, confer with such other agencies as may be able to contribute additional background data or information perti.nent to the investigation and the d.evelopment of a recommended plan. (3) Determine the character of flow, i. e. , whether sanitary, storm, clear vvater or combined, from record information, for each sewer in the tributary service area. (4) Prepare detailed hydraulic investigation tables for combined sewers, clear water sewers and separate storm sewers under conditions of anti- cipated area development as of the year 2000. These tables shall show the following: (a) Area in acres - subdivided into major classifications of development. (b) Storm water runoff in cubic feet per second (cfs). (c) Size of sewer, (d) Capacity of sewer between successive man- , holes or junction points based onian accept- able depth of hydraulic gradient. (e) Flow line elevations and slopes. (f) Hydraulic gradient elevations and slopes. (g) Relation between quantity of flow and capacity. (5) Endorse items (4)-(b), (c) and (d) on key maps of the sewer systems, together with manhole numbers. (6) Prepare detailed investigation tables for existing separate sanitary sewers� under conditions of anti- cipated area development as of the year 2000 showing the following; (a) Area in acres - subdivided into major classifications of development. (b) Estimated population. (c) Quantity of flow by following components: 1_ Population 2. Industry -7- 3. Corrunercial 4, Institutional 5, �r•'ou,nd�tivater infiltration (d) Size of sewer. (e) Flow line elevations and slopes, (f) Capacity. (g) Relation between quantity and capacity. (7) Endorse items (6),- (d), (e), (f) and (g) on key maps prepared under (5) above, b. IDevelopment of Alternate Plans (1) Using the background information and data obtained under 2-a, "Development of Background Data", above, investigate various alternate plans developed in Phase I and such others, as may be necessary, 'to produce a recommended plan practical of implemen- tation both physically and financially. The recom- ' mended plan shall also be capable �f construction with a minimum of disruption to the normal daily business and commercial activities of the G'itye (2) Prepare estimate of cost for each alternate plan investigated in sufficient detail to establish its comparative physical and economic feasibility. c. Recommended Plan After the basic recommended plan has been determined investigate the possibilities of further refinement and improvement of the plan by drainage area controls s.uch as the use of headwater or downstream detention ponds, by special restrictions on the use of land, etc. Prepare estimate of cost of recommended plan in sufficient detail to determine future financing and budg- etary r equir ements, The recommended plan shall be reasonable in cost when compared with a plan based on complete separation of storm and sanitary flow for the entire service area. For comparative purposes the estimate of cost of a plan involving complete separation shall be determined by the use of generally accepted unit costs per acre; such costs to be agreed upon by the City and the Consultant. C. ANCILLARY STUDIES AND INVESTIGATIONS: 1. Investigate present method of handling overflow from Lakes Phalen, Beaver and Como and recommend changes, where -8- appropriate, in control and administration so that conveyance of lake water overflow could be handled through the present combined sewer systems, The Consultant shall also s�Eudy the interrelation bet-�veen the lake level controls and the con- trols and dispatching system now being installed by MSSD and make such recommendations as may be appropriate for achieving the maximum degree of coordination. 2. During the progress of the work, the City may desire the Consultant to study other problems relating to the City sewer system, The Consultant shall perform such services upon receipt of written authorization from the Chief Engineer. 3. When directed by the Chief Engineer, the Consultant shall �study for excessive infiltration those areas of the City, which are designated by the Chief Engineer, Such studi-es shall include consultations with personnel of the City Sewer Main- tenance Department and the City Architect's Office. D. SERVICES BY OTHER CONSULTANTS: Not included in the work under this Agreement are the rates and financial studies, the preparation of an "Industi'ial Wastes Ordinance" and recommendations as to administrative and operational changes in the use of the City sewer system. E. SERVICES BY CITY: 1. Provide its requirement for the Projecto 2. Make available for the use of the Consultant all pertinent City records and documents pertaining to the work which would assist the Consultant in the assembly of data necessary for the preparation of plans and estimates, The City reserves the right to establish rules for the time and location that such City records and document would be available for examination, study or copying, 3. Furnish to the Gonsultant where available aerial surveys, preliminary layouts, platted alignments, grades profiles, and cross-sections, a report of test borings or soundings, if any. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other docuinents presented by the Consultant and render in writzng decisions pertaining thereto, 5. Designate persons to act as Gity representatives with respect to the work to be performed under this Agreem�nt< Such persons shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the work covered by this Agreement. 6. Give prompt written notice to the Gonsultant whenever the City observes or otherwise becomes aware of any error, omission or need for modification in the Reporte -9- � .7, Obtain formal plan approval from all governmental agencies � or other parties having jurisdiction over the works identified in the reporta 8. Furnish hydraulic design computation forms, 9a Furnish approved City 5tandard Detail Plates, 10, Furnish copy of City Specifications for Street and Sewer Gonstruction, 11. Assist f,he Gonsultant using sewer maintenance crews for installation of flow measuring devices and sewage sampling equipmente 12, Arrange for the Consultant to take to and have analyzed at the City Laboratory, MSSD Laboratory or private lab s ewage samples taken from the s ewers or c-onnections thereto, 13. Furnish personnel to assist the Consultant to log and analyze City Water Department records to determine the large water consumers using both private well supplies � ' and the public water supply. The City will furnish its past logs of watex° users for ease of gathering required information and for purposes of establishing trend.s. in water us e. 14. Identify areas of City for testing for excessive infiltration amount s. 15. Furnish Minnesota Geologic Survey "Bedrock Geologic Map of Minneapolis, St, Paul and Vicinity", 16. Furnish surveys as defined belowo ITI, SURVEYS A. GENERAL; Surveys necessary for planning shall be furnished by the City, Surveys shall be complete with respect to details and to such a degree of precision and accuracy as is necessary to develop the planning for the various phases of the report. B. DATUM: All elevations shall be refer�ed to City Datum and all bench level work shall be third order accuracy or better, except where specified otherwiseo C. AERIAL SURVEY5 AND MAPPING: The Gonsultant may desire to use aerial surveys and mapping by photogrammetric methods for some porf.zons of the worko Such aerial surveys and mapping shall be of a nature and of such accuracy as will fulfill the require- -10- � � ' . - - ments of the Report plans. When the use of aerial surveys and mapping is approved by the City, the City shall furnish said aerial surveys and mapping to the Consultant,' IV. CONFERENCES AND MEETINGS A. ATTENDANCE AT MEETINGS: The Consultant shall attend meetings and conferences to offer information and results that pertain to the progress or conclusions of the Phase I and Phase II Reports described in this Agreemento The City will give the Consultant §even. (7•j calendar days notice of any meeting where the Gonsultant's attendance is required. B. PROGRESS REPORTS: Every three months, the Consultant shall submit a written report to �.he':�hie�f Engineer outlining progress made since last report; unusual problems or difficulties encountered during this period of the study, mention of agencies contacted and persons involved in said contacts, results of same; an appraisal as to whether' the study is on schedule; notification of any obstacles to the progress of the study, even though the overcoming of these obstacles may or may not be within the realm of the City's jurisdiction to correct; recommendations to expedite the study as to personnel that the City has or is employing, etc. V. TIME SCHEDULE A. AUTHORIZATION TO PROCEED: The Gonsultant shall not start work on any portion of the Project until he receives written instructions to do so from the Chief Engineer of the City of St. Paul. B. PHASE I REPORT: The Consultant shall submit the Phase I Report within one hundred twenty (120) calendar days following authorization to proceed. , Fifty (50) copies shall be provided to the City. C. PHASE II REPORT: The Consultant shall not proceed with the Phase II Report unless and until he shall receive written authorization to do so from the Citye Upon receipt of said authorization, the Consultant shall proceed with the Phase II Report and shall deliver to the City fifty ;(50) copies of the com- pleted Phase II Report no later than four hundred twenty (420) calendar days after receipt of said authorization. The Consultant shall submit therein preliminary plan and profile sheets for express sanitary sewers, strategic storm or clear water sewers and trunk storm sewers where proposed as part of the recommended plan. -11- ,, This Agreement may be terminated by the Gonsultant if he does not receive written authorization to proceed with the Phase II Reprsrt within six months after the City accepts the Phase I Report. D. TIME EXTENSIONS: The City may extend the aforesaid time completion periods upon written request from the Consultant because of delays encountered that are beyond his control. The extent bf this time extension shall be deter- mined by the City. Vx. PAYMENTS TO CONSULTANT A. BASIS OF PAYMENT: The City will make monthly payments to the Consultant for approved costs within thirty days of receipt of an invoice from the Consultant. Each invoice shall contain a listing of actual hours billed against the project by the Consultant for the various classes of professional or subprofessional help used on the project in the previous month in accordance with the follow- ing hourly s chedule: Engineer I $18. 70 per hour Engineer II 16. 50 per hour Engineer LII 14. 85 per hour Engineer IV 13. 75 per hour Engineer V 12. 10 per hour Draftsmen I 11. 00 per hour Draftsmen II 8. 80 per hour Stenographic 5, 50 per hour Reproduction 7. 70 per hour The above rates are based upon "salary cost" as defined in "Consult- ing Engineering----A Guide for the Engagement of Engineering Services" published as Manual of Engineering Practice No. 45 by the American Society of Civil Engineers and a multiplier of 2. 2 to compensate the Consultant for overhead, profit, out-of-pocket expenses, etc. The payroll cost portion of the "salary cost", as defined above, for Engineers I, LT, and III, who receive a nominal monthly "drawing account", is based upon a survey entitled "Professional Income of Engineers - 1966" conducted by the Engineering Manpower Commission of Engineers Joint Council. Payment will be made by the City to the Consultant only on the basis of the above schedule and no additional payment will be made for miscellaneous items such as transpor- ta�ion and subsistence; communication expenses such as long distance telephone, telegraph and postage; drafting and stenographic supplies; repro- duction supplies; and other out-of-pocket expenses, The City reserves the right to make full and complete audit of the Consultant's bookkeeping records to verify to the City's satisfaction the propriety and correctness of any billing to the City for services rendered under this Agreement. B. LIMITATION OF EXPENDITURE: I The amount payable to the Consultant by the City under the terms of this Agreement shall not exceed Thirty Thousand Dollars ($30, 000. 00) for -12- J v � Phase I nor One Hundred Forty Three Thousand Dollars ($143, 000. 00) for Phase II, provided, however, that these amounts may be increased by mutual consent of the parties hereto, by amendment to this Agreement if full com- pletion of Phase I or Phase II so requires. The maximum amount payable to the Consultant by the City pursuant to this Agreement shall therefore not exceed One Hundred 5eventy Three Thousand Dollars ($173, 000. 00) unless and until this Agreement be amendedo CITY OF SAINT PAIJL By Mayor Approved as to form: i Assistant Corporation Counsel Commissioner of Public Works Attest: City Clerk Approved as to form and execution this day of � , 1968. Countersigned: City Comptroller , �Corporate Seal HORNER & SHIFRIN, INC. � � ' , \ t / ✓ �✓ •"_ ' '1 , � /v /�_ / '. '�i • � �� ,V�.. � . �; E. E. Bloss, President ` R ` � _ -13-