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D00726White — City Clerk Pink — Finance Dept. Canary — Dept. Accounting Biue — Engineer Gceen — Contcactor • as No. � lJll ! Z� Date _ � I � � — � � CITY OF SAINT PAi3L - OFFICE OF THE MAYOR ADMINISTRATIVE ORDER for CONTRACT CHANGE AGREEMENT N0. i9 ADMINISTRATIVE ORDER, Whereas, additions which proved to be necessary to the Improvement deseribed Hillcrest Community Recreation Ce known as Contcact K,-11861 , City Pcoject No. B90-15-21. Freri ch Constructi on Co _ , Contractor, is composed of the following: Settlement and Release between City of Saint Paul and Frerichs Construction Company. Add $33,000.00 • ORDERED, That the City of 5aint Paul, through its Mayor, approves the foregoing additions made in ac- eocda.nee with the specificatioas in the sum of $ 33.000.00 , said amount to be added to the lump sum con- sideration named in the contract, ]mown as contract I�- 11R61 , and which amount is to be financed from: Original Contract Sum Change Orders to Date Amount this Change New Contract Amount Director of $2,692,000.00 141,032.00 33,000.00 $2,866,032.00 C94-3P015-0894-32032 �� 19 �� Frerichs Construction f.om�� Contractor ia 19 �� Settlement & Release siqned JuIY 12, 1995 :ecreation 19 Head of Departm t of Finance 19� �� Administrative Assistant to the Mayor Chief En�neer Parks and Recreation �NTACT PERSON & PHONE John Wirka 266-6411 �� TOTAL # OF SIGNATURE PAGES � ��- 10/23/95 GREEN SHEET _° 3 3 6 3 0 INITIAVOATE INRIALIDATE DEPApTMENT DIREC70R a CRV COUNCIL iSWN ITYqTTpqNEY �ClfYCLERK JYBFF i0fl gUOGET DIRECTOR � FIN. & MGT. SERVICES DIR. )MNG R0� QMAVOR(ORASSISTANT) � Parks Ri (CLIP ALL LOCATIONS FOR SIGNATUR� Approval of Contract Change Order Hillcrest Community Recreation Center _ FLANNING CAMMISSION _ CIVIL SERVICE COMMISSION _ CIB COMMI7TEE _ � S7AFF _ _ DISTpICTCqUFiT _ SUPPORTS WHICH COUNG�L O&lECI1VE? OCf 31 1995 PERSONAL SEHVICE CONTRACTS MUST ANSWER'3IiE FbLY�6AaNCrUUESTIONS: t. Has fhis personlFirm ever worke0 under a coMract For this tlepartment? - YES NO 2. Has this person/firm ever been a city employee? YES NO 3. Does this perso�lfirm possess a skill'wt iwrmally possessetl by any current city empbyee? YES NO Explain all yes anawera o� separate ahaet a�d attach to grean sheet When. WhBre.Why): Contractor claims for additional payment in the amount of $201,441.00 were disputed by the City, and mediated by a third party as provided under Rule 114 of the Minnesota Rules of Civil Procedure. Contractor will receive $33,000.00 in settlement. Contractor will be paid amount required by the settlement and release agreement. None RECElVE� . NOV - 81995 CITY CLERK Contractor cannot be paid agreed upon sum. AMOUNTOFTflANSACTION $ 33�000.00 FUNDING SOURCE CIB FINANCIAL INFORMATION: (EXPLAIN) � y M ' �CT 27 1995 � �� COSTIAEYENUE BUDGETED (CIRCLE ONE) YES NO ACTIVITYNUMBER 94-3P01 -0894- 03 � YW ��- � a c. Hnar M.T.FABYANSKE AERAtD L SVOBODA MARKW.4YESTRA .��n+w+�. �axr�r 9ENKS J. Ti3pp¢N SCOTT LLOVD ANOER59N PAUL l. Rq7ELLE GR[GORY T. �ALI OFAN 9. THOM�N GARV G EIO�N CANRE 0. GRffN KYIE E. WIRT ?��CEI�/�� JUL 19 1995 C��"� ��T��Y JUDITN F. KNOW NOLLY A P. HAR7 STEPHEN 0. M1ffiLCVER FICH4R0 G..�NSEN rNOMas�.TUCa CFiARLES Cn fJ�PPEPIIEP III �� MICHAELJ. IQt�N JoCEL`tN L KNOLL STEVEN G COJ( JUt� 0. 00!¢R'fV .IAYlE E GAItW�ER OF Lauaa: D1MGM G. AABUSE Juty 17, 1495 Pavl F_ McCloskey, Esq. City of Saint Paul 400 City Ha11 15 West Keilogg Boulevard Saint Paul, MN 55102 Re: Hillcrest Community Center Our File No. 27910.14 � Dear Mr. McCloskey: Enclosed is an original signed copy of the Setdement Agreement. Sincerely, � �.�'��.�, Ma y��. Vorbrich • 1�?SMV/�je Enclosure cc Don Fiskewold, w/enc. FABYANSKE, SVOBODA, WESTRA $t HART � +o� a e�or�� assoaanor, SUITE 1700 920 SECONO AVENUE SOUTH MINNEAP07.15, M�NNESOTA 55402 7ELEPHONE 6t2-338-0175 7ELECOPIER 612-33&3857 F:�DOC�PIO155126 � SETTLEMENT AND RELEASE � - �, WHEREAS, the City of Saint Paul (the "City") and Frerichs Construction Company (the "Company") entered into a contract dated August 17, 2992 (the "Contract"), for the construction of the Hillcrest Community Recreation Center in St. Paul, Minnesota (the "Project"); WHEREAS, a dispute arose between the Company and City regarding various and assorted claims made by the Company against the City arising out of the Project; ;�HBREAS, the parties employed the services of a mediator, Larry D. Espel, in an attempt to resolve said dispute; WHEREAS, mediation of the dispute was succ�ssfully conducted on June 13, 1995; WHEREAS, the parties enter into this mediated Settlement and Release pursuant to Minn. • Stat. § 572.31 et �.; WHEREAS, t�he parties have been advised in writing that the mediator had and has no duty to protect their interests or provide them with information about their legal rights, that signing a mediated settlement agreement may adversely affect their legal rights, and that they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; WHEREAS, each of ihe parties participate in the mediation with the assistance of an attomey; NOW, THEREFORE, IT IS AGREED between the Ciry and Company as follows: 1) That the above recitals aze incorporated herein by reference. • F:�DOC�MSMV�54032 1 �� . s 2) That as coasideration for this Settlement and Release, and as an ezpress condiaon precedent to the release set forth in pazagraph four (4) of this Settlement and Release, the City wilt pay to the Company the sum of Tfrirty Three Thousand and 00/100 Dollazs ($ 33,000.00). The Company acknowledges that the payment of such sum is subject to the approval of the City's elected government. The City's representatives will exercise their best efforts to secure the requisite approva2 as soon as possible. This Settlement and Release is voidable at the Company's option if the City does not pay the Thirty Three Thousand and 00/100 Dollars ($ 33 to the Company on or before Friday, December 29, 1995. 3) The City hereby releases and forever discharges any and all claims and derivauve • claims it has or may have against the Company arising out of the Project which it did or could have made prior to June 13 1995. 4) The Company hereby releases and forever dischazges any and all claims and derivadve claims it has or may have against the City arising out of the Project which it did or couid have made prior to June 13, 1995. 5) Within five (5) working days after the execution of this Settlement and Release, the City shall generate the requisite paperwork necessary to atlow payment of the Thirty Three Thousand and 00/100 Dollazs ($ 33,000.00) to the Company and submit that paperwork to the appropriate City officiai(s}. 6) Within ten (10) working days after the execution of this SeTtlement and Release, the City shall pay the Company Twenty Thousand and 00/100 Dollazs ($ 20,000.00) of the Twenty Eight Thousand Eight Hundred Thirty and 04/100 Dol2ars ($ 28,830.00) retainage stilt owed to the Company under the Contract. , F:1DOC4KSMVtSrt032 ,L • �� . 7) On or before August 26, 1995, the Company will complete all punchlist and warranty items remaining on the Contract, including and limited to the following: a) supply a railing for stair "A" (shop drawing M29, item 29R2) provided that on or before Friday, 7uly 7, 1995, the City provides to Frerichs the drawing of the railing called for in the plans and spe�cations, and further providing that Frerichs will supply the railing only and the City is responsible for instaltafion and painting; b) provide soand system as-built drawings to include wiring diagrams of complete sound system, not just conduit runs; c) d) reverse timeclock contacts for station #6 (conuol of exterior lights); investigate and repair the loose mail box latch if it is determined to be the Contractor's responsibility; e) 7 replace loose and bent bolt on the northeast basketbaii standard; in the presence of 7ohn Wirka or an altemative designee, investigate and correct the water infiitration problem in Room 116 storage area previousiy identified by City representatives; if the causation of the infiluation is attributable to an architectural error, the Company will request and receive suitable compensarion; h) i) .1) repiace broken basketball run height adjusting crank; replace rusted rock guazds on exterior lights over curved stairs; replace missing exterior window trim on bay window in Room 204 (the director's office); and . F:�oc�NSMVwosz 3 , s• r . � , �� . • k) label electrical relays in Room 300A and srarter in Room 302. 8) Upon completion.of the punchlist items in paragraph seven (7) of this Settiement and Release and upon submission of an invoice from the Company to the City, the City shall remit to the Company Four Thousand and 00/100 Dollars ($ 4,000.00) of the remaining retainage on the Contract. 9) On or before November 15, 1995, or as soon thereafter as the temperature conditions permit, the Company agrees to adjust and correct (if necessary and if not caused by design enor) the building's posiflve pressure. 10) Upon completion of the punchlist items in paragraph nine {9) of this Settlement � . and Release and upon submission of an invoice from the Company to the City, the City shall remit to the Company the remaining Four Thousand Eight Hundred Thirty and 00/100 Dollars ($ 4,830.00) of retenaon on the Contract. F:�DOC�MSMV W032 By: Its: BY: Its: B Its: 0 ��S , .. �.:.�,! �� :-�._.�� .. _, �, ✓ „u ' Q� , ��%i