210590ORIGINAL TO CITY CLERK �
_ CITY OF ST. PAUL COUNCIL NO. 1 0590
_
OFFICP OF THE TY CL RK
COU IL OLUT G FORM
PRESENTED BY � )
COMMISSIONER Te _
U
RESOLVED, That upon recommendation of and approval
by the Roard of Water Commissioners of the proposed agree-
ment for engineering services to be furnished said Board
by Toltz, King, Duvall, Anderson and Associates, Inc.,
engineers and architects, which agreement has been reduced
to writing,;A copy of which is hereunto attached and made
a part hereof by reference, said agreement and the acts of
the Board of,Water Commissioners approving and ratifying
the same are' by the Council of the City of Saint Paul
approved iniall respects.
COUNCILMEN
Yeas Nays
Dalghsh
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
10M 6-62
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Council File No. 210590 —By James J.
Dalglish— Bernard T. Holland— Milton
r Rosen —
Resolved, That upon recommendation
of and approval by the Board of Water
Commissioners of the proposed agree -
ment for engineering services to be
furnished said Board by Toltz, King,
Duvall, Anderson and Associates, Inc.,
engineers and architects, which agree-
ment has been reduced to writing„ a
copy of which is hereunto attached and
made a part hereof by reference, said
agreement and the acts of the Board
of Water Commissioners approving and
ratifying the same are by the Council
t of the City of Saint Paul approved in
all respects.
Adopted by,the Council January 2,
1963.
Approved January 2, 1$63.
(January 5; 190)
1U
Adopted by the Council 19—
JAN 2 im
Approved 19—
►r
Mayor
DUPLICATE TO PRINTER 210590
0590
CITY OF ST. PAUL FILE
NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, That upon recommendation of and approval
by the Roard of Water Cbmmissioners of the proposed agree-
ment for engineering services to be furnished said Board
by Toltz, King, Duvall, Anderson and Associates, lnc.,
engineers and architects, which agreement has been reduced
to writing, a copy of which is hereunto attached and made
a part hereof by reference, said agreement and the acts of
the Board of Water Commissioners approving and ratifying
the same are by the Council of the City of Saint Paul
approved in all respects.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
10M 6-62
Tn Favor
Against
Adopted by the Council A Imo' !963-_19—
Approved JAN ��+ 19—
Mayor
w�
A G& E E M H N T
THIS AGREEMENT, made and entered into on this day of
,4- wjn' t = .twee,.. the B wrd 'if Water Ca issionars,
of tba C_ty t -a.rt pa,.I, Mi ^.�;:tA, party of the first part, and
TOltz, KI -g, U..+.:., .1� 2r +: T %.�:j 4�c.'.y +e =, IT'., Bngi %eer9 and Architects,
a corporation, party of the Sac and part,
WiTNiL55Ms
The partiPS hereto agree as follows:
Party of the se--ond part agrees to furnish professional
engi:wv -rt•F -i-. ar-f services, in connection With the expansion
program of the party 'f the first part, as may be requested in writing fram
time to time by the party of the first part. Said engineering and
architectural services will ir, general include field surveys, consulting
advice, the prerarat for of p:el iminary plans and estimates of costs, and
the preparati of .P,rklrkg p:a::a and pecificatic-na for surti buildings
and other strr.:c ture i a!� meiy be requested in Writing from time to time
by said party cf the first part.
patty if the =e._:.nd part agrees to provide such engineering and
architect LrkI a : i nt v%rde n_e in connection with said lister Department
development and construction Work as may be requested from time to time
by the party of the t:..rst part.
Party of the second part agrees to furnish all personnel,
surveying egAipment and such materials as stakes and automobiles as may
be required to ^drry oV +he engineering and architectural services
Rfcte� aid.
All origi-.al .::swings, maps, surveys, plans, specifications,
statements of data, analyses, estimates and reports are to be the property
of said party of the f first part.
ThP party of the first part agrees to pay to the party of the
second part for the services to be rendered as follows:
* h
1. The salaries and/or wages figured on an hourly basis of
all men employed by said party of the second part upon said Ikter Department
development and construction work for the hours actually spent thereon.
2. In addition to said salaries and /or wages, an amount
equal to 80% of the salaries and /or wages figured on an hourly basis of
all men employed by said party of the second part in the offices thereon,
on said development and construction work for the hours actually spent
thereon; and an amount equal to 40% of the salaries and /or wages figured
on an hourly basis of all men employed by said party of the second part
in the field, upon said Fork for the hours actually spent thereon.
'Phew amounts shall be compensation to the party of the second part
for the salary of the president of tike company in the general supervision
of the work, steaograpMe expenses, printing, office expense and general
overhoU.
3. The expense of any field or laboratory tests wkich may
be done by a eonz reial laboratory and for the benefit of tha party
of the first part but are under the supervision of the party of the
second part.
4. Plus an amount equal to 23% of the sum of items 1 to 3
inclusive which shall be the profit to the party of the second part for
the professional services performed.
5. The actual cost to the party of the second part for
supplies used in the field such as stakes or other materials consumed.
A. Automobile mileage at the rate of eight (8) cents per
mile for automobiles used fdr transportation during the process of the
work, such use of automobiles to be subject to the approval of the party
of the first part.
7. It shall be considered that an w*loyee of the party
Y = s
of the second part is working in the office if he has desk space therein
reserved for leis personal use even though he may be working for short
periods from tine to time in the field.
-2-
W -_
It shall be considered that an employee is working in the
field if he has no desk space in the office reserved for his personal use
even though he may be working in the office for short periods from time
to time.
8. The salaries referred to is 1 and Z are to be fair and
reasomable and in accordance with the schedule s ariosd "bALibit A" and made
a part hereof. Said schedule 8bthibit A or any part or parts thereof may be
modified by matual agreement of the parties hereto during the term of
this agreemant.
9. All accounts and iwaicas and stlisr records shall be open
to the inspection of the party of the first part. Paymanti covering
compensation and expenses hereunder shall be computed and paid monthly.
It is further agreed that the party of the second part shall
defend and save the City of Saint Paul and the Board of lftter Commissioners
of the City of Saint Paul harmless from any claims, demands, actions or
causes of a-tion arising out of any act or out of any omission on the
part of the party of this second part, its agents, sarvants, or employees
is the performance of or with relation to any of the work or services
provided to be performed or furnished by the party of the second part
under the terms of this agreement.
It is also agreed that the party of the second part shall
carry adequate insurance upon all motor vehicles used by it in the
performance of work assigned by the party of the first part under the
terms of this agreement, and shall promos and estibit such contracts
upon demand by the General Manager of the Water 31spartmant of the City
of Saint Paul. It is also provided that the party ot the second part
shall carry Worknan's Compensation insurance adequate in all respects
to meat the requirements of the Workman's Compensation Lwi of the State
of Minnesota, covering all of the employees of the party of the second
part engaged in any work to be performed by said party of the second
part under *te terms ref this agreement, and the party of the second
part agrees to produce such policies of Vwkmsn's Compensation insurance
-3-
coverage upon demand of the General Manager of the Water Department of
the City of Saint Paul.
It is further agreed that the party of the second part agrees
to iturnish bond in the doeoant at $5,000, oonditiamed specs the fall and
faithful performance of the party of the second part tinder the term of
this ag ement, said bond being further conditiamed to protect and save
harmless the City of Saint Panl and the Board of inter Commissioners of
the City of Saint Paul from all claims and demands of every nature whatsoever
arising out of the performance of services by tie party of the second part,
its &goats, servants, or employess under or by virk of the term of this
agreement.
It is finally agreed that this agreement shall tot be assignable
and shall continnw in force until terminated in writing by party of the
first part on thirty (30) days notice.
IN WITMIRS V8ft10t, the parties hereto hays emocated this agreement
the day and year first above written.
wpree.nrtte off: � BorM ar wsU cWM=IO�
�-� ar as Crfr 0 $AIM PRIM
WV
TOLTZ, KING, DUVALL, ANDXt30N
AND ASSOCIATE, INC.
INGIMSKS AND ARCHITNI.~TS
44
MMIBIT A
SAINT PAUL, KMMSOTA
December 14, 1962
9CMULZ OF SALVE AMIOR MWAI
TO PnsOM1L DITL M 4 lift 1OR
BQMD Or WATE COMASIONQS, CITY 01 ST. PAUL
g
Nay UgineerinS,and Architectural Hrseamal $4.00 to $7.00 per hour
DatiV ftineer 2.73 to 4.23
Draf t R7An 2.00 to 3.00 M n
Tracer 1.29 to 2.23
iyifA �
Resident Aftinaer
3.00 to
4.00 « «
Okief at Party
2.90 to
3.23 " »
Ode,f Inspector
2,30 to
3.23
Inspector
1.00 to
3.00
Instrusentman
2.00 to
3.00 "
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Z A. M ..