09-526Council File # �q ��j �
Green Sheet # 3069218
Presented by
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1 Joint Powers Agreement (JPA)
2 Between the City of Saint Paul and City of West Saint Paul
3 Modeling and Feasibility Study of the
4 Dodd Road Storm Sewer System
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Helgen
Thune
WHEREAS, the Dodd Road Storm Sewer System is located in the Lower Mississippi River Watershed
Management Organization (LMRWMO) and drains large portions of West Saint Paul and the west side of Saint
Paul; and
WHEREAS, in recent yeazs rainfall events of varying frequencies and intensities have caused localized flash
flooding and overland flow in the City of Saint Paul near the area of S[ryker Avenue, Baker Street, and Dodd Road;
and
WHEREAS, the cities of Saint Paul and West Saint Paul desire to complete a modeling and feasibility study of the
Road Storm Sewer System, herein referred to as "ProjecY'; and
WHEREAS, the City of Saint Paul is [he lead entiry on the Project, and will solicit proposals from Consultant(s)
through Ramsey County- City of Saint Paul Contract Sexvices when the attached Joint Powers Agreement (JPA) is
executed;and
WHEREAS, the Consultant costs to complete the Project shall not exceed $6Q000; and will be shared by the cities
of Saint Paui and West Sainc Paul per the attached JPA; and
Be it RESOLVED by the City of Saint Paul that the City execute Che attached JPA and forward it to the City of
West Saint Paul for execution; and
Be it FINALLY RESOLVED by the City of Saint Paul that Bruce Elder, Sewer Utility Manager, or his designee be the
authorized representallve for the Project.
RESOLUTION
CITY d�� ql PAUL, �
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Yeas Nays Absent Requested by Department of:
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✓ BY
Adopted by Council: Date �j
Apprc
By:
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By:
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Adopiion Certified by C cil Secretary By:
By: � - zi.i �` ��-�
Approved y Ma r: Date 5 �l 0
By.
y � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PW _Public Works
Contact Person & Phone:
Aaron Hass
266-6171
Must Be on Council Agenda by (Date
22�nBR-e9 f�'/�, 6 0� i
Doc Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: �ron Hass
Contact Phone: 266-6171
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Date Inifiated: �
03-APR-09 I Green Sheet NO: 3069218
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Total # of Signature Pages _(Clip AII Locations for Signature)
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Approve Resolurion and execute Joint Powers A�reement (JPA) between the ciries of Saint Paul and West St. Paul to complete a
modeling and feasibility study of the Dodd Road Storm Sewer System.
Recommentlations: Approve (A) or Reject (R).
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1 Has this person�rm ever worked under a contract for this tlepartment�
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill no[ normally possessed by any
current city empioyee?
Yes No
Explain all yes answers on separate shee[ and attach to green sheet.
INtiating Probiem, Issues, Oppodunity �Who, What, When, Where, Why):
In recent yeazs rainfall events of varying frequencies & intensities have caused localized flash flooding & overland flow neaz the area
of Stryker Avenue, Baker Sfreet and Dodd Road The Dodd Road storm sewer system se[ves this azea of the City, and drains
approximately 160-acres from St. Paul and about 452-acres from West St. Paul.
Ativantages If Approved:
Allow St. Paul and West St. Paul to jointly complete a modeling and feasibility study of the Dodd Road storm sewer system. The
sNdy will idenrify & evaluate altemaUve solutions that can reduce flooding risks in the azea of concern.
Disadvantages If Approved:
None
Disadvantages If Not Approved: � � � � �
The azea near Shyker Avenue, Baker Street and Dodd Road will conrinue to be exposed to higher flooding risks. !�P �j
MAY 13 2QD9
TotalAmountof � A �,���
Transaction: $60,000.00 CosURevenue Budgeted: Y
Funding Source:
Sewer Fund qctivity Number: 260-22207-0217
Financiai Information: ��C��v��
(Explain) _
APR 2 2 2009
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April 7, 2009 10:37 AM Page 1
�Ill'ATT�RNEIr
fi FY 2009 Spending Waiver Reguest Form SP08-39a Received 4/13/09
Requesting Department: Pubtic Works Sewer Utilitv
1) Description of spending request:
Please list specific purchases that are bsing requestsd.
Modefing and Feasibility Study of the Dodd Road Storm Sewer System
(via Joint Powers Agreement with West St. Pauf)
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This spending request is for a modeling and feasibility study of the dodd Aaad storm sewer system
(Project} that wouid 6e completed in connection with a Joint Powers Agreement (JPA) involving the
cities of Saint Paul and West Saint Paul. Per the forthcoming JPA:
. The City of Saint Paul wiil initiaify pay for Consufting costs to complete the modeling and
feasibiVily study (estimated at $60,000).
• In 2010 the City of West Saini Paul wilf reimburse ihe City o# Saint Paui for Its cost share
(estimated at $24,000).
The Dodd Road storm sewer system is located in the Lower Mississippi River Watershed
Management Organization (LMRWMO) and drains large portions of West Sainc Paul and the west
side of Saint Pau4. In recent years rainfafi events of varying frequancies and intensities have caused
localized flash flooding and overland flow (n the Clty of Saint Paul near the area of Stryker Avenue,
Baker Street, and Dodd �load. These rainfall events have afso caused storm sewer manhole covers
to be biown off. Since thase recent flooding occurrences the City of Saint Paui has:
• Modified the starm sewer trunk line near Stryker and Dodd to improve hydraulic conditions.
• Secured storm sewer manhole covers in affecfed areas.
• Developed a hydraulic and hydrological XP-SWMM model of the Project area which is part of
the Riverview SW District. An existing conditions model of the Project area was dsveloped to
begin the process of identifying the causes and locations o# the localized flooding problems,
and provide a framework from which alternative solutions can be identified and evaluated to
reduce flooding risks.
The qurpose and qoais oi this Proiect are:
A. Review & calibrate the existing conditions XPSW MM model developed by the City of St. Pauf.
B, Develop caiibraled modei simulatiors for the 1, 5, 1 C, and 100-y�ar storm events.
C. identify storm sewers within the project area where simuiated peak ffows for the 1, 5, and 1 Q-year
storm events exceed existing fuli-pipe flow capacities.
D. Evaluate the inlet capacities of existing catch 6asins locatad within the Project area that
contribute to overland flow.
E. Identify Saint Paul properties that are susceptible to flooding during a 5-year storm event.
F. Identify and evatuate alternative solutions that would significantly reduce the risk of flooding near
the Safnt Paul area of Stryker Avenue, Baker Street, and Dodd Road. Aiternative solutions
considered shall irrciude opkions for storm water retention antV or detention.
G. Complete the Projeci prior to March 31, 2010.
H. Prior to December 3t, 20i 1, impiement alternative sofution{s) seleoted as a result of this Project.
Project is detayed tafer in 2009:
The area near StrykerAvenue, 8aker Sireet, a�d Dodd Road wi!! continue to be ex,00sed to
hrgher flooding rrsks;
The timetine for idenii/ying alternative solutions v✓ill be pushed furfher info 2010. This witl
make it more di�cult to budget for a possible public improvement project in 20i i.
4/10(2009 Page 1 of 2
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Can this purchase be delaved unti120iD?
!f the Proiect is delayed unir120i0:
➢ The area near Stryker Avenue, 8aker Streef, and Dodd Road wi�( continue to be exposed to
higher f/ooding risks;
➢ Implementing any alternative so7ufion(s) woufd 1ikely be pushed into 2Di2..
The area near StrykerAvenue, Baker Strest, and Dodd Road wil/ continue to be ex to higher
flooding risks. The City rrray receive more complainfs and have more exposure to property awner
ctaims.
2) 2009 6udget authority:
Is this expense inciuded in the 2009 budget? Yes
• 2009 cost: 60 OOD
• Object Code: 0217
• 5 digit budget activity #: 22207
If no, why not and what Is the financing plan?
For additional informa#ion contact: Bruce Eider tBruce,Eldar@ci.stqaui.mn.us. 266-62481
Name, Emali and Phone
Department Approval: "'"����� '� �y�
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Approved by Mayor's Office: %
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4/10/2009 Page 2 of 2
GS 3069218
AGREEMENT b°/ -�� (p
Between the City of Saint Paul and City of West Saint Paui
Modeling and Feasibility Study of the
Dodd Road Storm Sewer System
(part of the Riverview Storm Water District)
THIS AGREEMENT, is between the City of Saint Paul and the City of West Saint Paul,
hereinafter referred to as "Partners". The Lower Mississippi River Watershed Management
Organization is hereinafter referred to as "LMRWMO". The modeling and feasibility study of the
Dodd Road storm sewer system is hereinafter referred to as "ProjecY'.
Background
Saint Paul's Riverview Storm Water (SW) District is located within the I_MRWMO and drains lar�e
portions of West Saint Paul and the west side of Saint Paul. In recent yeus rainfall events of varying
frequencies and intensities have caused localized flash flooding and overland flow in the City of Saint
Paul near the area of Stryker Avenue, Baker Street, and Dodd Road. These rainfall events have also
caused stozm sewer manhole covers to be blown off. Since these recent flooding occurrences the
City of Saint Paul has:
• Modified the storm sewer trunk line neaz Stryker and Dodd to improve hydraulic conditions.
• Secured storm sewer manhole covers in affected areas.
• Developed a hydraulic and hydrological XP-SWMM model of the Project area which is part of
the Riverview SW District (refer to Exhibit A). An existing conditions model of the Project area
was developed to begin the process of identifying the causes and locations of the localized
flooding problems, and provide a framework from which alternative solutions can be identified
and evaluated to reduce flooding risks. The Project has a sewer shed size of approximately 612-
acres. The sewer shed consists of 160-acres of contributing drainage area from the City of St.
Paul and 452-acres of contributing drainage area from the City of West St. Paul. Much of this
storm sewer system was constructed in the 1960's. The system outlets into the Riverview Storm
Tunnel System via tbe Hall drop shaft, a 110-ft drop shaft, located in the intersecrion of Stevens
and Hall
Project Purpose and Goals
The Partners have determined the need to further study the hydrolob c and hydraulic conditions of the
Dodd Road storm sewer system (see Exhibits A and B). The purpose and goals of this Project are:
A. Review & calibrate the existing conditions XPSWMM model developed by the City of St. Paul.
B. Develop calibrated model simulations for the 1, 5, 1Q and 100-year storm events.
C. Identify storm sewers within the project azea where simulated peak flows for the 1, 5, and 10-year
storm events exceed existing full-pipe flow capacities.
D. Evalnate the inlet capacities of existing catch basins located within the Project area that contribute
to overland flow.
E. Identify Saint Paul properties that are susceptible to flooding during a 5-year storm event.
R Identify and evaluate altemative solutions that would significantly reduce the risk of flooding
near the Saint Paul area of Stryker Avenue, Baker Street, and Dodd Road. Altemative solutions
considered shall include options for storm water retention and/ or detention.
G. Complete the Project prior to March 31, 2010.
H. Prior to December 31, 2011, implement alternative solution(s) selected as a result of this Project.
4l7I2009 Page 1 of 7
Agreement � � �
1. Terms of Agreement
1.1 LMRWMO Joint Powers Agreement (JPA): The provisions contained within the current
version of the LMRWMO 3PA shall be incorporated into this Ab eement, including Section 9,
"Construction of Improvements". Where there appears to be a discrepancy between the
LMIZWMO JPA and this Agreement, the provisions of this A�eement shall govem.
1.2 Effective Date: The date all required sia atures aze obtained by the Partners.
1.3 Expiration Date: December 31, 2011 or until all obligations have been satisfactorily
fulfilled. This Agreement shall continue in effect unless terminated or cancelled under
Section 8 or the expiration date.
2. Agreement between the Partners
2.1 Scope of Study
(1) The City of SaintPaul will:
a. Solicit proposals from Consultant(s) through Ramsey County- City of Saint Paul
Contract Services.
b. Select a Consultant, subject to approval by the Partners, to perform the Project tasks set
forth in Exhibit B, Work Plan.
c. Act as the lead entity on the project, executing and administering a contract with the
selected Consultant to perfonn the Project tasks set forth in Exhibit B.
d. Provide available information to the Consultant, as requested, in support of the Project.
e. Participate in meetings and discussions with the Consultant and Partners toward the
successful completion of the Project.
f. Install a portable rain gauge and data logger at Cherokee Heights Elementazy to collect
rain fall data in the spring and summer of 2009.
g. Install two Saint Paul flow meters within the project area to collect storm sewer flow
data in the spring and summer of 2009.
h. Install a pressure gauge inside the Saint Paul storm tunnellocated downstream of the
project azea. The pressure gauge will collect data in the spring and summer of 2009.
(2) The Partners will:
a. Each provide two representatives to review proposals received from Consultant(s).
b. Together select a Consultant to perform the project tasks set forth in Exhibit B.
c. Participate in meetings and discussions with the Consultant towazd the successful
completion of the Project.
(3) The City of West Saint Paul will:
a. Provide available information to the Consultant, as requested, in support of the Project.
b. Participate in meetings and discussions with the Consultant and Partners toward the
successful completion of the Project.
c. Provide storm sewer as-built information (e.a. pipe sizes, slopes, and elevations, etc.) to
the Consultant for the West Saint Paul system that is located within the project area.
4/7/2009 Page 2 of 7
3. Payment
D����Co
3.1 Consideration. This is a cost participation project between the Partners. The total cost of the
Project is not to exceed $60,000. Costs will be divided as described below:
(1) Compensation.
The City of Saint Paul will inivally pay for the Project. In 2010 the City of West Saint
Paul will reimburse the City of Saint Paui for its cost share.
On a preliminazy basis the City of St. PauPs total participation for the Project wili be 60%
of the totai project cost, or a maximum of $36,000. Conversely the City of West St.
Paul's total participation for the Project will be 40% of the total project cost, or a
ma�cimum of $24,000.
Once the Project has been completed, the LMRWMO or the Project Consultant will
determine the Partners cost sharing percentages for the Project and each of the alternative
solution(s) contained within the Project report. Cost sharing percentages will be defined
by LMRWMO allowable flow calculations.
The cost sharing percentages assigned to each of the Partners wil] be applied towards
payment for the Project and the selected altemative solution(s).
(2) Invoices.
Upon completion of the Project (but not before January 1, 2010) the City of St. Paul will
separately invoice the City of West St. Paul their pro rata share of the Project cost
consistent with section 3.1 above.
The City of West St. Paul will promptly pay the City of St. Paul after receipt of wntten
notification of project completion. West St. Paul payment to the City of St. Paul will be
made within forty-five (45) days of receipt of written notice.
4. Work Products, Reports and Documents
The Partners will be included when tY�e City of St Paul receives oral and written analyses and
briefings under the City of St. PauPs agreement for consultant services for the Project. In
addition, document shazing will be facilitated by the participation of Partners project management
team assigned to the Project.
The City of St. Paul will provide the City of West St. Paul copies of all material generated during
the course of the Project and a copy of its consultant's final report. The City of West St. Paul
shall make all requests for work products and documents through the City of St. Paul's designated
contact person named in Item 5 of this agreement and shall not direct or attempt to direct the
work of the consultant for the Project.
4/7/2009 Page 3 of 7
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5. Authorized Representarives
City of St. Paul's Authorized Representative is Bruce Elder, Sewer Utility Mana�er, St. Paul
Public Works, 700 City Hall Annex, 25 W. Fourth Street, St. Paul, MN 55102, telephone: (651)
266-6248, or his desia ated successor.
City of West St. Paul's Authorized Representative is Vlatt Saam, City Engineer/ Public Works
and Parks Director, 1616 Humboldt Avenue, West St. Paul, MN SS ll8, telephone: (651) 552-
4130, or his designated successor.
6. Conflicts of Interest
The City of St Paul shall inform its consultant for the project about this Ab eement and Partners
funding provided under this Agreement. The City of St. Paul and its consultant for the project
shall immediately discuss with the Partners any cu2rent or new client obligation of the firm,
which may directly conflict with the firm's ongoing work under its agreement for consulting
services with the City of St. Paul.
7. Audits and Record Keeping
The City of St. Paul shall maintain for at least six (6) yeazs all books, records, documents and
other evidence directly related to the performance of this Agreement in accordance with the
general accepted accounting principles and practices of governmental entities. Upon reguest and
reasonable notice, the City of St. Paul shall permit the City of West St. Paul to examine and copy
the books, records, documents, and other evidence maintained by the City of St. Paul.
8. Termination
The City of St. Paul and City of West St. Paul shall each have the right to ternvnate its
participation in this agreement at any time without cause upon thirty (30) days written notice to
the other party. In the event of such a termination, the terminating entity wili pay their share of
the costs of the services satisfactorily performed prior to the date of termination, as deternuned by
the remaining parties to this agreement.
The City of St. Paul shall have the right to receive, use, and (subject to the provisions of the
Minnesota Data Practices Act) distribute copies of ail materials, work products, reports and
documents prepared by its consultant, pursuant to the consultant's a� for consulting
services with the City of St. Paul, if such materials, work products, reports and documents were
prepared prior to the ternunaUOn of this Aa eement.
9. Merger Agreement
It is understood and agreed that the entire Agreement between the Partners is contamed herein
and that this Agreement supercedes ali oral agreements and negotiations between each of the
Partners relating to the subject matter thereo£ All items in this Agreement, which are
incorporated or attached, are deemed part of the Agreement. Any alterations, variations,
modifications, or waivers of provisions of this Agreement shall only be valid when they have
been reduced To wriTinj as an amendment to this Agreement and signed by the Partners.
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10. Hold Harmless
As limited by �nnesota Statutes, Chapter 466, the City of St. Paul and City of West St. Paul will
hold each other harmless from and against all liabilities, obligations, claims, costs, fees, or
expenses of any kind for dama�e or injury to persons or property arising from the services to be
performed pursuant to the Scope of Services outlined in Exhibit B, except to the extent such are
caused by or arise from the intentional or grossly negligent acts of the Partners, its duectors
o�cers, or employees.
11. Governing Law
This Ab eement shall be governed by and consuued accarding to the laws of the State of
Minnesota. Venue shall be in the state and federal cour[s of Minnesota.
12. Amendments, Waiver and Contract Complete
12.1 Amendments.
The Partners may choose to amend this agreement to include final engineering,
construction, and other work necessary to implement an alternative selected as a result of
this Project. Any amendment to this agreement must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and approved the
original agreement, or their successors in office.
12.2 Waiver.
If the City of St. Paul fails to enforce any provision of this agreement, that failure does not
waive the provision or its right to enforce it.
13. Liability.
Individual Partners will indemnify, save, and hold each other, their agents and employees
harmless from any claims or causes of action, including attomey's fees incuned, arising
from the performance of this ab eement by individual Partners' agents or employees. This
clause will not be construed to bar any legal remedies the Partners may have for either
individual Partners' failure to fulfill its obligations under this agreement.
IN WITNESS WHEREOF, the Partners have caused this agreement to be executed by their duly
authorized representative (see attached signature pages).
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Signatures
CITY OF ST. PAUL
This agreement is�luly executed:
� G
Approved as to form:
B �r�s� �. ��
Title: Assistant City Attorney
Date:
� �7
By:
Title: Office of Financial Services
Date: S `s 'b
B y� ---
Title: Sewer Utilitv ManaQer
Date: ���i4- d�
Funding Activity# 260-22207-0217
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By: ��G��` '"�
Mayor or Designee
Date: �/ 7 �Z> �%
INCLUDE COPY OF RESOLU'i'ION APPROVING THE AGREEMENT Al\TD
AUTHORIZING ITS EXECUTION
4/7/2009 Pa�e 6 of 7
Signatures b '��-!�
CITY OF WEST ST. PAUL
This agreement is duly executed:
By:
Title: Mavor
Date:
By:
Title: City Manaaer
Date:
Approved as to form:
By:
Tifle: Citv Attornev
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND
AUTHORIZING ITS EXECUTION ' �
4/7/2009 Page 7 af 7