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85-1447 WHI7E — GITV CLERK PINK — FINANCE COU/IC11 /� CANARV — DEPARTMENT G I TY OF SA I NT PALT L X � BLUE — MAVOR File NO. C, �'/� �'ou cil Resolution Presented By > Referred To Committee: Date Out of Committee By Date WHEREAS, the City Council has recognized the importance of a lively, integrated and revitalized riverfront, and has authorized the appointment of a Downtown Riverfront Commission to oversee a major redevelopment effort; and WHEREAS, pursuant to that goal, the Riverfront Commission has recommended that BRW of Minneapolis be hired to conduct a predevelopment analysis of the downtown riverfront to determine development potential and to recommend preferred development strategies; and WHEREAS, the Housing and Redevelopment Authority has authorized a contribution of $50,000 toward the study's $244,040 cost, the remainder of �vhich will be paid by the Riverfront Redevelopment Corporation, an arm of the Riverfront Commission; and WHEREAS, the City of Saint Paul, along with the Riverfront Redevelopment Corporation, would be a party to the contract; NOW, THEREFORE, BE IT RESOLVED, that the City of Saint Paul approves the contract wi th BRI�J; and �E IT FURTHER RESOLVED, that the Mayor, the Director of Finance and Management Services and the Director of Planninu and Economic Development are authorized to sign said agreements on behalf of the City of Saint Paul. COU[VCILMEN Requested by Department of: Yeas Drew Nays Planning and Economic Development nnasa�,� In Favor �IiCUSi2 Scheibe� _ __ Against BY Sonnen Tedesco wrison OCT � 9 1985 Form oved b City Attorney Adopted by Council: Date Certified a• ed y Council ecretary BY � sy 6lpprov y Mavor: Date _ ` ��� � � �� Appr by Mayor for Subm' o to Council �3"'� `` ? i9$5 .r'u J .a.�.1 �l✓ � � P.E,D, Riverfront Office ��'L" ��'���'�- � ��o ��2730 DE PARTMEPIT . . • Priscilla Wyeth CON7ACT ` PHONE � �T� ���.�.� ,��e ee October 18, 1985 DATE ASSIGN NUNiBER FOR ROUTING ORDER (Clip All Locations for Signature) :� rtment Director 3 Director of Management/Mayor inance and Management Services Director � City Clerk Budget Director 4 Councilman Scheibel �ty' Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The City Council will approve a contract between BRW, Inc. , of Minneapolis, to conduct a predevelopment analysis of the down�awn riverfront. The study will evaluate the development potential of four sites along the riverfront and determine preferred development strategies. The study is expected to take 9-11 months. RECEIVED � OCT 1 8 �5 COSt/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: MAYOR'S OFFICE The total cost of .the study is $244,040. The Housing and Redevelopment Authority has authorized $50,000 towards the study. The remaining cost will be paid by the Riverfront Redevelopment Corporation, an arm of the Riverfront Commission� with funds raised independently of the City from private sources. FINANCING SOURCE AND BUDGfT ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction; quired if under $10,000) Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1. City Council resolution 2. Riverfront Redevelopment Corporation resolution 3. Contract DEPARTMENT REVIEW CITY ATTORNEY REVIEW x Yes No Eouncil Resolution Required? Resolution Required? y�Yes No �Yes x No Insurance Required? Insurance Sufficient? ,�.�Yes No Yes x No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 . ��`����� � RIVERFRONT REDEVELOPrZENT CORPORATTON REPORT TO THE BOARD OF DIRECTORS � MEMORANDUM DATE: September 11, 19 FROM: Rick Wiederhorn RE: APPROVAL OF CO SULTANT CONTRACT . At its August 15 meeting. the Riverfront Commission approved the Development ' Task Force recommendation that BRW� Inc. of Minneapolis be hired to conduct a Pre—development Analysis of the riverfront for purposes of documenting the development potential and preferred development strategy. A proposed contract with BRW is attached. It incorporates BRW's proposal. plus the city's "standard" requirements of contractors. Because most of the funds to pay for the study ($244.040) were raised through the Riverfront ' Redevelopment Corporation, the Redevelopment Corporation, along with the City of Saint Paul, are parties to the agreement with BRW. � Staff recommends that the contract be approved, and that officers of the Redevelopment Corporation be authorized to sign it. Motion by: (polled by phone) X Approved as recommended Approved as amended Denied Other Action: S cr tary C - ROOM 268 25 WE,S'T FOURTH STREET SAINT PAUL, MINNESOTA 55102 (612)292-1577 )�— , ���_�c'�/� ,,;,, , ; CITY OF SAINT PAUL � _j � < :s�;�' OFFICE QF TS� CITY COIIi�7CIL � �anlnlittee Re ort ` F �':i�ance� l�ana�ement� & P�rsannel Cammittee. October 24, 1985 � 1. Approval of minutes from meeting held October 15, 1985. I�A��� 2. Resolution approving agreement between ISD #625 and the Bricklayers, Masons, Marble- masons, Cement Blocklayers and Tuckpointers, Local 1 and the Intl. Brotherhood of Painters and Allied 'I`rades, Local 61.��1�'��:! 3. Resolution approving 1985-1986 Maintenance /abor Agreement between the City and the Plumbers Local #34. APN�i9VlD 4. Resolution establishing the rate of pay for Data Communication Engineer in Grade 16, Section I D 3 of the Salary Plan and Rates of Compensation Resolution. (�t4J d� 5. Resolution establishing the rate of pay for Data Communication Technician in Grade 34, Section I D 2 of the Salary Plan and Rates of Compensation Resolution. AAfM�V:� 6. Resolution amending the Salaxy Plan and Rates of Compensatiori Resolution by inserting in Section II, Subsection T, the rate of pay for Vehicle D4echanic. A�d��� 7. Resolution amending the 1985 budget by adding $10,900 to the Financing and Spending Plan for Community Services. �t� pV�R 3. M��• 8. Resolution amending the 1985 budget by transferring �20,000 from��Contingent Reserve to Community Services-Library Maintenance Services. ����! � Resolution amending the 1985 budget by adding $7,800 to the Financing and Spending Plan for Finance � Management Services. ��'�� 10. Resolution amending the 1985 budget by transferring $12,100 from Contingent Reserve to General Govt. Accounts-Employee Parking: Official Business. �01�� 11. Resolution amending the 1985 budget by transferring �4,219 from Contingent Reserve to City Cle�k-Elections and Voter Registration. ����V� 12. Resolution amending the 1985 budget by adding $1,194,608 to the Financing PIan and Spending Plan for Job Training Partnership Act, (JTPA II-A) . ���V� � NOT ON PREPARED AGENDA: 13. Resolution approving a contract between BRI�I, Inc. and the City of St. Paul to conduct a predevelopment analysis of the downtown riverfront. ����� CITY HALL SEVENTH FLOOR SAINT PAUL,MINNFSOTA`�� ag�.+e e ... a Q.; � � � . _ � ��'.S-/�1y7 PLANNIN6 AND URBAN DESIGN SERVICES AGREEMENT , .. � THIS AGREEMENT� made and 'entered into tihis. day of • .--___..._• by and� between . BENNETT� RINGROSE,� WOLSFELD. JARVIS. GARDNER, INC. a corporation in the State of Minnesota - (hereinafter ref:erred to as the� "Consultant") � � � and TNE CITY OF SAINT PAUL, • (hereinafter referred to as the "City") and RIVERFRONT REDEVELOPMENT CORPORATION (hereinafter referred to as the "Corporation") WITNESSETH � WHEREAS. the Corporation and the City. through its Department of Planning and Economic Development, and as recommended by the Downtown Riverfront Commission has need of additional planning, design and development anaTysis of the Downtown , riverfront area (hereinafter referred to as the "Project Area" or "Area") and wishes to utilize the expertise of a consulting firm for these services: and WHEREAS� the Consultant possesses the necessary experience. expertise and personnel, and is able to and willing. to provide these services as further detailed below; and WHEREAS� the Corporation and the City hereby designates the Department of Planning and Economic Development (hereinafter referred to as PED} -as being -- responsible for administration of this AGREEMENT; and NOW�` THEREFORE, in consideration of the above, the parties do hereby . mutually agree as follows: PROJECT DIRECTION, COORDINATION. PRESENTATIONS, REUIEWS The Riverfront Office of PED (through its staff planner� Richard J. Wiederhorn) is designated to administer this Agreement and coordinate the interrelationship of the Consultant, the City and various individuals and groups which will be Y involved in the planning/design and review processes. The Consultant designates Craig Amundsen as project representative who will .report to the Riverfront Office and attend meetings. make presentations and submit material for PED review as required. It is intended that there wi17 be close coordination between PED and the Consultant in achieving the services outlined herein — and that the Consultant will meet periodically with PED to keep PED fully informed on the progress of all work under this Agreemerat. . 2. SCOPE OF SERVICES The Consultant, in coordination with PED� will conduct a Pre—development Analysis which establishes a strategy for the ultimate development of the Riverfront . Y�_ _ . . ��� . �=-��y_� in downtown Saint Paul (see ��Exhibit A"'attached hereto). The work under this Agreement wilt address the ma�or issues of land use, urban design, finance and will account for the various development potentials for the area. It is intended - that the study will provide creative. imaginative recommendations for planning. d.�sign and development,� but will, also organize the constrai.^.ts inherer�t in the ' riverfront. In understanding the work. the Consu1tant will give attention to the following city goals and objectives: � — optimum development potential of vacant and underutilized land; — uses complementary to significant existing and planned development: — the creation of a pleasant and attractive urban environment. � The pracess for conducting the Pre—development Analysis, as proposed by . _ , .- the Consultant on June 28. 1985 and approved by the Saint Paul Riverfront � Commission on August 15, 1985, will include the tasks and products identified in "Exhibit B" attached hereto. 3. / � AUAILABILITY OF INFORMATION , PED will make available on a timely basis to the Consultant all information ir, its files or other data required. as agreed to by PED� including all reports, studies aad plans that are reasonable requests for proper execu�ion of the - -_- services under this agreement; except where limited or prohibited by the Minnesota Data Practices Act. . 4. SUB—CONTRACTS � The Consultant may retain the services of others as may be required to � complete the services under this Agreement, and as described in "Exhibit B". All such sub—contracts must have approval by the Corporation and the City prior to the contractor performing any work on the project. Fees for such sub—contracts shall be con5istent Exhibit "C". attached hereto. TIME OF PERFORMANCE 5. The services of the Consultant are to be available upon the execution of this Agreement and will be completed within a period of three hundred (300) days from the date of Agreement execution. 6. . COMPENSATION � The Corporation and the City agrees to pay the Consultant and its sub— car►tractors for their services, travel. and expenses on this project �p to a maximum of �244,040.00� as described in "Exhibit C". Qnly the Consultant's � , , ` . ---.. `. _,_._...__..�_...._.....___,.. _._..____ �O� ����r� authorized staff and sub-contractors are` entitled to compensation for travel. .' , _ lodging, °and meals. Air travel will be by coach. All travel will require the . . . prior approval of PED, Maximum expenditures for lodging and meals are noted in Exhibit "D" attached hereto. Al1 material furnished by the City. under the terms of this Agreement. will be at City cost. . � 7. � PAYMENTS TO TNE CONSULTANT For a11 services enumerated and performed by its principals, employees. and other consultants in Section 4. 'the Consultant will submit to PEQ detailed time records and accounts (in duplicate) which identify the work performed and expenses incurred and which shall certify that all items are true and correct and expended under the provisions of this Agreement. Monthly payments wi'Il be made to the Consultant by the City upon itemized monthly invoices. At all times the Consultant shall proportion its work hereunder on the basis of that presented in "Exhibit C". 8. RESRONSIBILITIES OF CONSULTANT The Consultant will apply to the preparation of the plans the reasonable and proper skills� judgment� and care which are customary and normal to professional practice� and use reasonable care in delivering such hereunder. --� The Consultant will be in regular contact with PED - through visits or telephone communication to report on progress of work and to coordinate on planning and. development issues. 9. INDEPENDENT CONTRACTOR For the purposes of this Agreement. the Consultant wi�l be deemed to be an independent contractor. and not an employee of the Corporation or of the City. Any and all employees of the Consultant or other persons, while so engaged in the performance of any work or services required by the Consultant under this Agreement, will not be considered employees of the Corporation or of the City and any and all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said employees or other persons while so engaged. and any and all claims made by any third party as a consequence of any act or omission on the part of Consultant's employees� or other persons while so engaged on any of the work or services to be rendered� will in no way be the obligation or responsibility of the Corporation or of the City. The Consultant will pay� as they become due. all just claims for work� equipment. skills, materials. insurance premiums. equipment and supplies furnished. rendered -3- . � . G�O.S���/� or performed in the execution of this Agreement. 10. � NONDISCRIMINATION The Consultant will be a contractor �for the application of all 'provisions dealing with human rights covered under Chapter 363, Minnesota St�tutes. and � amendments thereto. Chapter 183 of the St. Paul Legislative Code, and the rules promulgated by the St. �Paul Human Rights Commission pursuant to Chapter 183 of the St. Paul Legislative Code. The Consultant will not discriminate in the hiring of common. skilled or professional labor against any individuals or groups of individuals covered by the aforesaid acts. This section applies _ to subcontractors or other consultants retained by the Consultant for services - � in connection with this Agreement. `� � = Additionally. the Consultant will comply with Executive Order 11246, entiZled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in QOL Regulation 41 CFR� Part 60. • 11, / CONTINGENT FEES '�, •. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee or proposed subcontractor working solely for-the Consultant, to solicit or secure this Agreement. and'that it � has not paid or agreed to pay any company or person. other than a bona fide employee or proposed subcontractor working solely for the Consultant any fees, commission. perceritage, brokerage fee, gifts or any other consideration� contingent upon or resulting from the award or making of this Agreement. For � breach or violation of this warranty� the Corproation and the City will have the right to annul this contract without liability. or in its discretion to deduct from the contract price or consideration� or otherwise recover� the � full amount of such fee, commission. percentage. brokerage fee. gift or contingent fee. 12. ACCOUNTIN� RECORDS � Records of the Consultant's services and expenses pertaining to this Project will be kept on a generally recognized accounting basis and shall be available to PED at mutually convenient times. ' 13. �. OWNERSHIP OF DOCUMENTS AND MATERIALS All documents and materials prepared as the presentation product of each task in Section 2 by the Consultant under this Agreement will become the property �- . ' . . �t=�'�i�y 1 of the Corporation and of. the City of Saint Paul. This includes working documents� reports. photos. slides. drawings. presentation boards. �tc. ' . • . 14. TERMINATION OR SUSPENSION ' . The Corporation and the City may at any time terminate or suspend without cause, upon seven (7) days' written notice, all or any part of the Consultant's services to be furnished hereunder. The Consultant will be notified in writing by RED of the termination or suspension of the Consultant's services. and there- upon such services will be halted immediately. In such event. the Consultant will be entitled to reasonable compensation for all services rendered, but limited to those services specifically authorized in accordance with the terms � of this Agreement prior to the date of termination or suspension. In the � event of termination pf suspension� all finished and unfinished documents prepared by the Consultant and compensated for under this Agreement wiTl become the property of the Corporation and of the City and will be forthwith delivered to PED. The Corporation and the City will be fully and solely responsible for any use the Corporation. the City or others make of these documents. 15. CERTIFICATE ANO RELEASE Prior to final payment under .this Agreement and prior to settlement upon termination of this Agreement and as a condition precedent thereto� the Consultant will execute and deliver to PED� a certificate and release in form acceptable to the Corporation and the City, containing a release of all claims against the Corporation and the City and by virtue of this Agreemen�t. 16. INDE�INITY The Consultant agrees to defend� indemnify and hold harmless the Corporation and the City, their agents and employees from all claims. damages. losses. and expenses, including but not limited to attorneys' fees. arising .out of or resulting from the performance of services under this Agreement. -5- , _ _ . . . , . �,r��.�-/��� ,�. CONTRACT AMENOMENT .. This Agreement may be amended at any time by writing; with mutual consent of the Corporation and of the City and the Consultant. . � IN WITNESS• WHEREOF� the parties•have caused this Agreement to be executed the day and year first above written. BENNETT, RINGRO WOLSFELD� JARVI$� GARpNER, INC. By: Its: � � � _. Approv d as to f m: CITY OF SAINT PAUL � � �. ` B Y� Assi ant City Attorney Director, Department of Finance and ' Management Services , / ir or, epar ent o anning an Ec no ic Development --- RIVERFRONT R VELOP EfVT CORPORATION�-- By: � Its: President � BY� � � Its: Treasurer —6— .