05-560Council File # ��� S��
Resolution #
Green Sheet # ��
MINNESOTA
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3 WHEREAS, CNA Consulting Engineers assessed the number, location, and condition of the caves, and
4 developed alternative methods for preventing access; and
5 WHEREAS, CNA Consulting Engineers used eleven treatment method altematives split into four
6 categories to assess the best possible treahnent options. The treatment alternatives were then evaluated
7 by five factors.: Access Prevention Effectiveness (Ixnportance: 20); Conshuctability (Importance: 4);
8 Underground Resource Conservation (Importance: 2); Provides Society Benefit (Importance: 2) and
9 Relative Cost (Importance: 15) and the alternative to hide the entrances scored the highest; and
10 WHEREAS, the entrance hiding method will require the following construction tasks; site prep,
11 construction of temporary bulkheads, backfill outside, vent sealing, and the restoration of the bluff; and
12 WHEREAS, CNA Consulting Engineers needs to develop specifications and bids for the project to
13 complete the work;
14 THEREFORE, BE IT RESOLVED that the appropriate city officials are authorized to execute the attached
15 Agreement with CNA Consulting Engineers to develop specifications and bids for consideration and approval
16 by the City of Saint Paul.
Requested by Division of Parks and
ReCreation ..,J ,�/
BY: ��1�!��'_°�l! - "'/IL�
Form Appro�ed by City
/ �
aY : �i. �' q!�(i'u-cP.� 1
Mayor for
RESOLUTION
Caves on Plato Boulevard
1 WHEREAS, the b�ai�Ca stre�ere surveyed to outline for City leaders the possible lonb term
2 options to permanently address the dangerous caverns, that are estimated to be 100 years old; and
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departmefrt/office/couneil: Date Initiated:
PR -P���a�ri� 3,_�,Y-05 Green Sheet NO: 3026646
CoMad Person & Phone:
Bob Bierscheid
2666�109
Must Be on Council Agenda by (Date):
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip Ail Locations for Signature)
Action Requestetl:
SiBoatures needed on attached Resolurion authorizing appropriate City officials to enter into an agreement with CNA Consulting
Engineers.
iK'
idanons: Approve (A) or F
Planning Commission
CIB Committee
Civil Service Commission
�
(R):
0 rls and ea " n
1 ar and Recrea 'on De artment Director ���
2 - tv Attom
3 a or's Office Ma odAssista t
4 cil
5 i Clerk Ci C7erk
1. Has this person/firm ever worked under a contract for fhis department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city employee? �
Yes No
Ezplain all yes answers on separete sheet and attaeh to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Wabasha Caves were surveyed to address the dangerous cavems and how ta close them off from the public entering and thus
potential injury and loss of life.
AdvanWges if Approved:
The Wabasha Caves will have alkernative methods for preventing access.
DisadvanWS�es If Approvetl:
None
Disadvantages If Not Approved:
The Wabasha Caves would remain unsafe.
�
otal Amount Of
Transaction:
Funding Source:
Financialinformation:
(F�cplai�)
Cost/Revenue Budgeted:
Contracts Must Mswer the Following Questions:
Activib Number:
.. F$#3�atCh
' t:4
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Agreement # 02-
Between the City of Saint Paul and CNA Consulting Engineers
THIS AGREEMENT, made and entered into this _ day of , 2005, by and
between the City of Saint Paul, Mivnesota, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as "City," and CNA Consulting Engineers (CNA), whose
address is 2800 University Avenue S.E., Minneapolis, MN 55414 "Consultant."
The City and Consultant, in considerarion of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION 1. Scope of Services.
Consultant agrees to provide professional engineering services for desi�ing the
treahnent of mines located along the south Mississippi River Bluff between Wabasha and
Ohio Slreets, in Saint Paul, Minnesota as described in its proposal dated May 13, 2005 and
incorparated herein by reference as Attachxnent A.
A. Project Tasks aze as follows:
l.
2.
3.
4.
5.
6.
8.
9.
10.
11.
Kickoffmee6ng
Site Reconnaissance
Conceptual Design
Conceptual Design Report
Project Review with City officials
Preliminary Design
Preliminary Design Report
Proj ect Review with City officials
Final Design and Construcfion Documents
Final Design Report
Project Review with City officials
B. Additional Services that are not a part of this contract, however, aze auailable
from the consultant if desired by the City are detailed below.
1. Construction Services for Wabasha to Ohio Street Mines ($38,324)
2. Yoerg Brewery's Mine Evaluation ($15,984)
SECTION 2. Time For Completion.
A. The services rendered by Consultant shall be commenced upon execution
of the Agreement and notification by the City to proceed and will be completed in accordance
with the schedule mutually agreed upon with the City which follows, but no later than one year
from the effective date of this Agreement. This schedule is incorporated herein by reference as
Attachment B.
B. Consultant shall not proceed with any task without specific authorization from the
Project Manager designated by the City.
C. In the event that there are delays caused by actions of the City or which may be
reasonably requested by the Consultant which can change the completion date, Consultant shall
request an extension of tixne for completion of the project. The Proj ect Manager will review the
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request and may �ant to the Consultant such extensions of contract rime as may be reasonable.
SECTION 3. Billings and Payment
A. That for ConsultanYs faithfiil perFormance of this Agreement, the City hereby a�ees
to compensate Consultant in the amount(s) and according to the schedule that follows.
• Design Services �65,200
• Sub Consultants: $36,156
B. The above amounts shall fully compensate Consultant for all work and associated
costs. The City will honor no claim for services and/or costs provided by the Consultant not
specifically provided for in this Agreement. Total costs for the project shall not exceed
$101,356.00.
C. Consultant shall submit an itemized invoice after the completion of each phase. Upon
receipt of the invoice and verification of the charges by the Proj ect Manager, the City shall make
payment to Consultant within thirty (30) days.
A In the event the Consultant fails to comply with any terms or conditions of the contract
or to provide in any manner the work or services as agreed to herein, the City reserves the right
to withhold any payment until the City is satisfied that conective action has been taken or
completed. This option is in addition to and not in lieu of the City's right to termination as
provided in the sections of this Agreement.
SECTION 4. Project Management.
A. The City requires the Consultant to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the responsibility of
these individuals during the term of the Agreement. Removal of any principal project member
without replacement by equally qualified individuals ar without the prior written approval of the
City is grounds for terxnination of the Agreement by the City. ConsultanYs principal project
members are:
Leonard A. Krumm, P.E.
B. The City has designated Robert Biersheid, Director of Parks and Recreation as the
Project Manager for this Agreement, and the individual to whom all communications pertaining
to the Agreement shall be addressed. The Project Manager shall have the authority to transmit
inshuctions, receive information, and interpret and define the City's policy and decisions
pertinent to the work covered by this Agreement.
SECTION 5: City Responsibilities.
A. The City agrees to provide Consultant with access to any information from City
documents, staff, and other sources needed by Consultant to complete the work described herein.
1. Assistance in locating records
2. Provide site access
3. Provide all necessary labor, equipment and support needed to enter mines
4. Communication and coordination with adjacent property owners
5. Provide information necessary for Division 0 Specifications
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SECTION 6. Work Products, Records, Dissemination of Informarion.
A. For purposes of this Agreement, the following words and phrases shall have the
meanings set forth in this secrion, except where the context clearly indicates that a different
meaning is intended.
"Work product" shall mean any report, recommendation, paper, presentarion, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
ConsultanYs services under this A�eement.
"Supporting documentation " shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other evidences used to
generate any and all work performed and work products generated under this Agreement.
`Business records " shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other forma, belonging to Consultant and pertaining
to work performed under this Agreement.
B. All deliverable work products and supporting documentarion that result from the
ConsultanYs services under this Agreement shall be delivered to the City and shall become the
property of the City after final payment is made to the Consultant with no right, title, or interest
in said work products ar supporting documentation vesting in Consultant .
C. The Consultant agrees not to release, transmit, or otherwise disseminate information
associated with or generated as a result of the work performed under this Agreement without
prior lrnowledge and written consent of the City.
D. In the event of termination, all documents finished or unfinished, and supporting
docuxnentation prepared by the Consultant under this Agreement, shall be delivered to the City
by Consultant by the termination date and there shall be no further obligation of the City to
Consultant except for payment of amounts due and owing for work performed and expenses
incurred to the date and time of termination.
E. The Consultant agrees to maintain all business records in such a manner as will
readily conform to the terms of this Agreement and to make such materials available at its office
at all reasonable times during this Agreement period and for six (6) years from the date of the
final payxnent under the contract for audit or inspection by the City, the Auditor of the State of
Minnesota, or other duly authorized representative.
F. Consultant agrees to abide strictly by Chapter 13 ,Minnesota Government Data
Pracrice Act , and in particular Minn. Stat.§§ 13.05, subd. 6 and 11; and 1337, subd. 1(b) and
Minn. Stat §§ 138.17 and 15.17. All of the data created, collected, received, stored, used,
maintained, or disseminated by the Consultant in performing funcrions under this Agreement is
subject to the requirements of the Minnesota Government Data Practices Act and Consultant
must comply with those requirements as if it were a governmental entity. The remedies in Minn.
Stat. § apply to the Consultant. If any provision of this Agreement is in conflict with the
Minnesota Government Data Pracrices Act or other Minnesota state laws, state law sha11 control.
SECTION 7. Equal Opportunity Employment
A. Consultant will not discriminate against any employee or applicant for employment
for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional
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orientarion, national origiv, ancestry, familial status, age, disability, marital status, or status with
regard to public assistance and will take affirtnative steps to ensure that applicants are employed
and employees are ireated during employment without regard to the same.
This provision shall include, but not be lisnited to the followina: employment, upgradiug,
demotion, or transfer; recruitment advertising, ]ayoff or terminarion; rates of pay or their forms
of compensation; and selection for traiuiug, including apprenticeship.
SECTION 8. Compliance With Applicable Law.
A. Consultant agrees to comply with all federal, state, and local laws or ordinances, and
all applicable rules, regularions, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofaz as they relate to the Consultant's
performance of the provisions of this Agreement. It shall be the obligation of the Consultant to
apply for, pay for, and obtain all permits and/or licenses required.
SECTION 9. Conflict of Interest
A. Consultant agrees that it will not contract for or accept employment for the
perforxnance of any work or services with any individual, business, coxporation, or govemment
unit that would create a conflict of interest in the performance of its obligations pursuant to this
Agreement with the City.
B. ConsultanYs acceptance of this Agreement indicates compliance with Chapter 24.03
of the Saint Paul Administrative Code: "Except as permitted by law, no City official or employee
shall be a party to or have a direct fmancial interest in any sale, lease, or contract with the City."
C. Consultant agrees that, should any conflict ar potential conflict of interest become
known, Consultant will advise the Purchasing Systems Manager of the situation so that a
determinafion can be made about ConsultanYs ability to continue performing services under the
Agreement.
SECTION 10. Insurance.
A. Consultant shall be required to cany insurance of the kind and in the amounts shown
below for the life of the contract. Insurance certificates should state that the City of Saint Paul,
its employees and officials are Additional Insureds. A cross suits endorsement shall be provided
to the benefit of the City.
1. Public Liabilitv Insurance
a) Bodily Injury
$1,000,000
$2,000,000
each occurrence
aggregate
b) Property Damage
$1,000,000
$2,000,000
each accident
aggregate
c) Policy must include an"all services, products, or completed transactions"
endorsement.
2. Automobile Insurance
a) Bodily Injury
$ 750,000 per person
$1,000,000 per accident
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b) Property damage not less than $50,000 per accident
3. Worker's Compensation and Emplover's Liabilitv
a) Worker's Compensation per Minnesota Statute
b) Employer's Liability shall haue min;mum limits of 5�500,000 per accident;
$500,000 per employee; $500,000 per disease policy limit.
c) Contractors with 10 or fewer employees who do not have Worker's
Compensation coverage aze required to provide the City with a letter verifying their
number of employees.
4. Professional Liabilitv Insurance
a) $1,000,000 per occurrence
b) $2,000,000 aggregate
General Insurance Requirements
a) The policy is to be written on an occurrence basis ar as acceptable to the City.
Certificate of insurance must indicate if the policy is issued on a claims-made or
occurrence basis. All certificates of insurance shall provide that the City's Division
of Contract and Analysis Services be given not less than thiriy (30) days prior
written notice of cancellation, non-renewal or any material changes in the policy;
including, but not limited to, coverage amounts. Agent must state on the certificate
if policy includes errors and omissions coverage.
b) The Consultant shall not commence work until a Certificate of Insurance
covering all of the insurance required for this project is approved and the project
manager has issued a notice to proceed. Insurance must remain in place for the
duration of the original contract and any extension periods.
c) The City reserves the right to review Contractor's insurance policies at
any time to verify that City requirements have been met.
d) Nothing shall preclude the City from requiring Contractor to purchase
and Provide evidence of addi6onal insurance.
e) Satisfaction of policy and endorsement requirements for General Liability and Auto
Insurance, of "each occurrence" and "aggregate" limits, can be met with an
umbrella or excess policy with the same minimum monetary limits written on an
occurrence basis, providing it is written by the same insurance carrier.
SECTION 11. Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of the
Agreement, the relationship of the Consultant to the City is that of independent contractor and
not that of employee. No statement contained in this Agreement shall be construed so as to find
Consultant an employee of the City, and Consultant shall be entitled to none of the rights,
privileges, or benefits of Saint Paul employees.
SECTION 12. Subcontracting.
A. The Consultant agrees not to enter into any subcontracts far any of the work
contemplated under this Agreement without obtaining prior written approval of the City.
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SECTION 13. Hold Harmless.
A. The Consultant shall indemnify, save and hold harmless, protect, and defend the City,
its officers, agents, and employees from all clauns, actions or suits of any character brought for
or on account of any claimed or alleged injuries or damages received by any person or property,
including the City, resulting from any act or omission by any person employed by Consultant in
cazrying out the terms of this Agreement.
SECTION 14. Assignment
A. The City and the Consultant each binds itself and its successors, legal representatives,
and assigns of such other party, with respect to all covenants of this A�eement; and neither the
City nor the Consultant will assign or transfer their interest in this Agreement without the
written consent of the other.
SECTION 15. Termination.
A. This Agreement will continue in full force and effect until completion of the project as
described herein unless either party terminates it at an earlier date. Either party to this Agreement
may temrinate it by giving no less than thirty (30) days written notice of the intent to ternunate to
the other party.
B. With Cause. The City reserves the right to terminate this Agreement if the Consultant
violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under
this Ageement as determined by the City. In the event that the City exercises its right to
withhold payment or terminate under this Section, it shall submit written notice to the Consultant
, specifying the extent of such withholding or termination under this Section, the reasons
therefore, and the date upon which such withholding or termination becomes effective. Upon
receipt of such notice, the Consultant shall take all actions necessary to discontinue further
commihnents of funds to the extent that they relate to the terminated portions of this Agreement.
C. In the event of termination, the City will pay Consultant for all services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until
the date of termination. The Consultant will deliver all work products and supporting
documentation developed up to the time of termination prior to the City rendering final payment
for service.
SECTION 16: Default by Consultant.
A. In the event Consultant fails or neglects to comply with any term or condition of this
Agreement or to provide the services stated herein, City shall have the right, after written notice,
to cease payment hereunder. This remedy shall be in addition to any other remedies, including
termination, available to the City in law or equity. The City shall be entitled to recover
reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder.
SECTION 17. Amendment or Changes to Agreement.
A. City or Consultant may request changes that would increase, decrease, ar otherwise
modify the Scope of Services. Such changes and method of compensation must be authorized in
writing in advance by the City.
B. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the parties.
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C. Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of acrion which have accrued prior to the effective date of such amendment,
modificarion, or supplement. The term "this AgreemenP' as used herein shall be deemed to
include any future amendments, modificarions, and addirional schedules made in accordance
herewith.
SECTION 18. Notices.
A. Except as otherwise stated in this Agreement, any notice or demand to be �ven under
this Agxeement shall be delivered in person or deposited in United States Certified Mail, Retum
Receipt Requested. Any notices or other communications shall be addressed as follows:
To:
Robert Bierscheid
City of Saint Paul
Parks & Recreation Division
Room 300 City Hall Annex
25 W. 4`� Street
Saint Paul, MN 55102
To Consultant :
Leonard A. Krunun, P.E.
CNA Consulting Engineers
2800 University Avenue SE
Minneapolis, MN 55414
SECTION 19. Waiver.
A. Any fault of a party to assert any rig�t under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, ar any of this AgreemenYs provisions.
SECTION 20. Survival of Obligations.
A. The respective obligations of the City and Consultant under these terms and
conditions, which by their nature would continue beyond the terminarion, cancellarion, or
expiration hereof, shall survive terniination, cancellation or expiration hereof.
B. If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate.
If a provision is so terxninated but the parties legally, commercially, and pracricably can continue
this Agreement without the terminated provision, the remainder of this Agreement shall continue
in effect.
SECTION 2L Interpretation of Agreement, Venue.
A. This Agreement shall be interpreted and construed according to the laws of the State
of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the
County of Ramsey, Second Judicial District, State of Minnesota.
SECTION 22. Force Majeure.
A. Neither the City nor the Consultant shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control, including, but
not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and
other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other
civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities.
SECTION 23. Entire Agreemen�