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238250 � 23�2�0 ORIGINrAL TO CITY CLERK L CITY OF ST. PAUL couNCi� N�,. OFFICE OF THE CITY CLERK FILE C UNCI E LUTION—GENERAL FORM PRESENTED BY � COMMISSIONE �AT � RESOLVED, By the Council of the City of Saint Paul, that � the proper City officers are hereby authorized and directed to �exeeute, on behalf � of the City of Saint Paul, an agreement between the City and Banister Engineering Company for the performance of certain miscellaneous engineering services. � , ,, .� . ..,.. . ,..4 - .� - � �- — ,�F�! , . .•"r`��s . �'; � FORM PROVED � Ass orporati ouns ���' , �R 2 31968 COUNCILMEN Adopted by the Councit 19— Yeas Nays Carlson '� R Z 3 196� Dalglish Approved 19_.._ Holland � Tn Favor Meredith � ' b Mayo Petersnn- A gainst Tedesco l�4'��� ..s Rxx�+i���r'�i;;�z s��9a� ��;� .1 e 'resi�en�otar►tA�) PH��LIS�fE� APR 2 7 1968 �O � DUTLICAT6 TO rRIN'RR /-�7�8/�l�0 ' ' CITY OF ST. PAUL FOENCIL N�,. - OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED 6Y COMMISSIONER �ATF RESOLVED, Sy the Council of the City of Saint Paul� that the proper City o�fiears are hereby authorized an.d d3.rected to eaeoute, on behai� of th� City p� SBirtt Paulr an ag�^eement between the City and Bani�ter Enginepring Co�pa,ny for the performanoe o� oertain nis�oellaneaus engineQring servi:�es.. �pR 2 3196� COUNCILMEN Adopted by the Council 19— Yeas Ivays �R 2;� �96� Carlson Dalglish Approved 19�_ Holland 7n Favor Meredith � Mayor ��0� A gainst Tedesco ;.��.Y',�°.,;'���.���'��eraonj: lVir.�Vice President • °�� � i . G' -._ .. ......,...,W,..,....,.�._,...�,.�.�... . �_ . .. .. , . � �.�.�..,w...�.�,� . . � :: _�- . 4 � J AGREEMENT FOR PROFESSIONAL ENGINEERIN6 SERVICES � ' BETWEEN THE • � CITY OF SAINT PAUL • . � � � AND . ' BANISTER ENGINEERING COMPANY ., � , � CONSULTING ENGINEERS � l � . This Agreement, made this • day of , 19 , by � , and between. the City of Saint Pau1 , a municipal corporation of the State . , of Minnesota, acting in the premises by and through its Commissioner.of " ', � �� � Publ ic Works and c�ther proper officers, undei� the authority� of a resolution � ' ���,�, of its Council , C. F. No. , approved • , 19 , hereinafter ; , -• � � referred to es "City'' a�td Banister Engtneering Company� hereinafter referred - �`• to $s "Consultant". - ' � • • , , , • � � , � WITNESSETH: � ,' , WHEREAS, the City ftnds necessary the performance of miscellaneous , �_ engineering services in connection with the design; management, operation and maintenance of its sewerage systerh, and , � ' WHEREAS, the City does noE have adequate �ngineering staff to � parform said miscellaneous engineering se"rvices� ' . . : . NOW, THEkEFORE; the Clty and the Consultant� for the considera'tions ' , � ' hereinafter named, do hereby mutually agree as follows: ' � • i. � G�NERAL CONDITIONS � ' A. COMPLETION DATES; � � Starting times� completioh times and the characteristics of the � engineering.sei`vices reqU�red, 5ha11 be as specified iri writing by , .. the Commissionei- o� P�ibl it Works as I�e inay determine the need. , � ' , B. TERMINATION: ' ' � " " Thls Agreement lnay be tef�minate� by th� Ctty for any reason whatsoever, ' , at any time upoh written ttotice to the CQnsultant by the Commissioner , • ' of Public Works: •The ol-iginal copies of ail dr�w�ngs, prints, plans, field notes atid' other written information prepared by the Consultant . . prior to sai�d terininatton shall become the propei-ty of the City. Such termination sha� l ,not affect any legal r�ght of the City against. the � ' . Consultant for any breac�i of this Agreemeht. ' , ' ' • • ' , C. QUALIFICATIONS OF PROJECT ENGINEER; For the purpose of dealing with the City, the Consultant shall assign � as proJect engineer, subfect 'to the approval of the City, a Registered , ' Civil Engineei-, registered ,in Minnesota, �aving proven experience in ' municipal engineering'who will act a� the single• contact with the City in the conduct of' the engineering work. Said proJect engineer shall be � in full cherge and responsible for the conduct of the Consultant's responsibility as well as affording liaison. The Consultant 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 fua-nish resumes and �ther. information as necessary to , � pe�mit• a proper reyibw of the q�alifications..,of the project engtneer. �� . , � � . . � . . , . ; - -. ' -`__—.— ' ' . � i ' . , ! , , , ' �. �� � �' , , ' , , ' ' � �� , '��� ' ' , ' � . .. ,_ . , . ; � . • � • ,I . '� D. DISPOSITION OF PLANS AND COMPUTATIONS: �. � i ' . All plans, survey notes and copies of design computatiqns shall become • the property of the City. The City shall have the rtght to use any or all of said plans or designs for any public purpose. , E. CLAIMS, INDEMN�TY AND INSURANCE: ' , � 1 . Ctaims • , . � . � The Consultant shall indemnify and save harmless the City and all � � of its officers, agents and employees from all suits, actions or claims of any character brought for or on account of any inJuries . � or damages received by any person or property resulting from an � error, omission or negligent act of the Consultant or any persons . i empioyed by him in carrying o�t the terms of thts Agreement. f , • . 2. Independent Contractor ' ; i , For the purposes of•this Agreement, the Consultant shall be deemed , � ' to be an independent tontl-actor and not an employee of the City. • Any. and all• employees of the Cohsultant or other persons while , „ engaged in the pei-formehce of any work or services required by the • • = Consultant under this Agreement shall not be considered employees of ' the City and ariy and a11 claims that may or might arise under the . -� Workmen's Compehsation Act of Minnesota vn behalf of sa.id employees ' � � or other persons while so engaged; and any and all claims made by • i . � ' any third pal-ty as a consequence of any act or omission on the part '� • � ' of the Consultant's employees or other persons while so engaged on • ' Iany of the work or services to be rendered shall in no way be the, � obligatiort or responsibility of the City. The Consultant shall pay .� as they become due, all just claims for work, toois, machinery, skills, �'� materials, insurance premiumsf equipmei�t and s�ipplies furnished, rendered • � � or performed in the execution of thls Agl-eement. ' ' 3, Insurance ' � ': . The Consultant shall car'ry ari Architects and/or Engineers' Professional � ' Liability Insurance Po� tcy in the amount of at least $250,000.00, and I shall provide a copy of such Professional Liability Insurance Policy � � to the City, which Policy s��li be subJect to approval as to form by � ' the City. ln 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 shail ' receive thirty days writteh notice of canceliation thereof or notice , . • of any material changes in said Policy. . . , � The Consultant shall secUre end maintain such insurance as wil,l� � • � ' protect him from cletms for �bodily inJury, death, or propecty damage which may arise from the performance of his services under thTs . , Agreement. � • ' . F. ' COMPLIANCE WITH LAWS: . � � ' � The Consultant shall comply with all Federal , State and Local Laws . I , together with all or�linances and regulations applicable to the work. � He . � shall procure all l �censes. pei�mits, or other rights necessary for the . fulfillment of his obligations under thi,s Agreement. ' , � Before final payment carr be made for the work on this pro,ject� the Consultant ' must make a satisfactory showing that he has complied with the provisions ' � of Laws of Minnesot�i 1961 , Chapter 213, Article I , Section 6, as the same � may be hereafte"r codified, requiririg the withholding of State Income Tax • , for wages paid employees oli this proJect.'• The required affidavit .forros ' may be obtained from the Commiss�oner of ,Taxation, Centennial Building� � St. Paul , Minnesota 55101 . � ' • I . � . .. , � - , ; , . ; . . : . I . ' ; + � . � � , ; - . i � . . , . , ,�,, , , � . � . � ', ' . ' � ' ' . , . -2- ; . .. . 1 , � - . • , . . ,. �-K . . The Consultant shall be deemed a contractor for the application of . ' all provisions hereto and laws against unlawful dtscrimtnation on account of race, creed or color hereunder. The Consultant agrees, `in � accordance wlth Chapter .23a, 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� discriminate 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 f.rom the performance of work .under this ' � Agreeme�t on account of race� creed or color;• that this Agreement may be cancelled or terminated by the City and all inoney due or to become due hereunder shall be forfeited foi� a second or any subsequent violation of , the terms or conditions of this Agreeme�t: • G. CONTINGENT FEE: . ' � The Consultant warrants 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 pe"rson, other than a bonafide employee � working solely for the Consultant`,' any fees, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the awarc� or making of this Agreement. For breach or violation of this warranty� the City shall have the right to annul thi$ . contract without liability, or in its discretioh to deduct from the contract price or consideratfioh; or otherwise recover, the full amount of such fee, , commission, percentage, bl-okerage fee, gift or contin�ent fee. . H. CITY EMPLOYEES: � . � The Consultant shal ) not engage on a fuli or part-time or other basis . during the period of the contract any professional or technical personnel � who are, or have been et any time during the period of the contract, 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 he1-eunder are personal and shall not be assigned, 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 htmself, his partners, successors, , executors, administrators and assigns to the other party of this Agreement ' and to the partners, successors, executors� administrators and assigns of � such ather, party in respec� to all covenants of this Agreement; except as ' above, the Consultant shall hot assign, sublet, or transfer his interest in this Agreement without the written consent of 'the City. Nothing herein � shalf• be co�strued as creatii�g any personal liabilfity on the part of any officer or agent of any p�b11c body which may be a party hereto. ' K. CITY INSPECTION: , � � Duly authorized representatives of the City shall have the right to inspect _ the work of the Consultant whenever they deem it necessary. , - ' �. . � � � � � ' • i , . , , � � ' • , .. , , � . . . � „ � . ' . . • . , . , , , , , • - . „_ . . , . � . . i . , f . . , ' , • � i .' . � ,. ' ' • . . � , • + . . � � , � . � -3- � , ' , , ' � �., r , _ ; _ , , . . . - - ..�...�._... _._. . _... _...._._ _ - • , . _ ,. , , . i > ' 1'.' . � ' . . � � � � • . i " � 11 . SCOPE OF SERVICES , � A. SERVICES BY CONSULTANT ° � i ' . . . ' I ' , The Consuitarr't shall provide such miscellaneous engineering services, ' �field surveys and field inspect(on or supervision as may from time to , time be set forth and requested in writing by the City Commissioner of • � iPublic Works. No services or activities �o� the Consultant shall be � Iundertaken� except as• and to the, extent requested by the Ci,ty Commissioner , of Publ�ic Norks in writtng. . _ ' B. SERVICES BY THE CITY ' ' . � � ' The City will : • ' . ' 1 . Provide its. requif-ements for the work. � •2. Make avaflable for the use of the Consultant all pertinent • • " , . _ City records and documents pei-taining to the work which would ' . . � � assist the Consuitant in the assembly of data necessa'ry for the . � , preparation of plans and estimates. ' The City reserves the right • - to establish r�les for the time and location that such City records , , and doci�ments woul�d be avai lable for examination, study or. copying. , • • 3. Furnish to the Consultant where available aerial surveys, � ' , • p"relim.inary layouts� platted alignments, grades,' profiles and • ' � cross=sections, a "report of test borings or soundings, i.f any. . . � � • 4.' Examine all studies, report5, sketches, estimates, drawings� ' proposals ahd other documents presented by the Consultant arid � � � , ' . render in wr�ttng decisions pertaining thereto. 5. Designate persons to act as City 1-epresentatives with respect to . the work to be performed under this Agreement. Such persons • ' ' sha11 have compiete authority to transmit instructions, receive � � information; lnterpret ahd define City's policies and decisions ' with respect to maEerials, equipment, elements, and systems pertinent to the work covei-ed by this Agreement. 6. Give p"rompt .written hotice to the Consultant whenever the City . observes or otherwise becomes aware of any error� omission or � � need for modification �n the Report. • . 7. Obtain forma) plan appi�oval from all governmental agencies or � other parties having J�rtsdictton over the works identified in • � the Report. , , 8. Furnish hydraulfc design computation forms. � � � . 9. Furnish approved City Standard Detail Plates. '. � 10. Furnish copy of City Specifications for Street and Sewer , Construction. ,' ,' ' • . . I I I . PAYMEPVTS TO THE 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 Cor�sultant. � Each invoice shall contain a listing of actual hours billed against a project by the Consultant for the various classes of professiona� or , • • sub-professional help .used on ,the pro,ject in the previous month� � � � � . � , � ' . , .,� . � _4- , . � . , • • !� +' . , • � , • v . . • in accordance Hith the following hourly schedule or maximum charges ,not to be exceaded: , � ' . . . Principal Engineer . $18.75 . Subordinate Engineer . 15.00 . Senior Draftsman gnd � Senior Field Supervisor 12.50 � Draftsman, Field Super- ' visors Chief of Party 9.375 Other office � field personnel 7.50 � The foregoing rates are based upon a multiplier of 2.4 applied to the salaries � of the prtncipal engineei- and the subo�dinate personnel in accordance with the "Guide for Selectingi Retaining and Compensating Professional Engineers and • Land Surveyors in Privete Pi�actica" as published in 1g66 by the Minnesota . Society of Professional �ngineers, the Minnesota Association of Consulting Engineers and the Minnesota Land Surveyors Association. � • In addition to the Hourly charges as outlined hereinbefore, the City shall • pay to the Consultant mileage costs at a rete of ten cents per mile. � • � Other than the hourly charges fo"r personnel and the mileage payment, the City shall make no further compensation for any other expenses that may be incurred by the Consultant in the performance of the work. , . � • The City reserves the right to make full and complete audit of the Consultant's , bookkeeping records to varify fo the City'a satisfaction the propriety and correctness of any billtng to the CiEy for services rendered under this� Agreement. • � � B. LIMITATION OF EXPENDITURE • • • � The amount to be paid to th� Consultant by the City under the terms of this ' . Agreement shall not exceed $10,000.00 unless and until this Agreement be amended by mut�►al consent: � � , , ' IV TiME LIMIT ON AGREEMENT • , , This Agreement sha11 terminate automatically at 11 :59 p.m. on December ' � 31 , 1968, unless tt be amendtd by mutual consent hereto. , � CITY OF SAINT PAUL � Approved to form: � �\ • BY J , Mayor Assi t orporatio o sel . , , Commissioner of Public Works , � � � Attest: � . , Approve as to form and • " • � • � � execution this • day � � City Clerk ' ' � � of + , 196g. . _ . ' , � , ' . , Counters i gned: . • �� _� . . • . � , , � City Comptrolier • . ", � • BANIST ENGINEERING COMPANY , . • . , , , � ., �orman E. Hendrickson, P.E.,, Partner , • . , , � ' � . ' ' ' , ' . . � . • . ' ' � . � .�'r , . � ' . . -5- _ � .� . . • � - � � . _ � , .