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270779 WHI7E - CITV CLERK (1��(� . PINK - FINANCE "7 � ^ G I TY OF SA I NT PA ll L , CANAR�- fY�PARTMENT � �� N • COUIICII jl 9 V . � BLl?� -- i.tAYOR File NO. ` ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Saint Paul City Council, by its resolution C. F. 263222, adopted March 12, 1974, established Downtown Development District No. 1 pursuant to authority granted to it by Laws of Minnesota 1973, Chapter 764; and __ WHEREAS, The Council, by its resolution C. F. 263751, adopted June 27, 1974, approved and adopted the Development Program for � Downtown Development District No. l, and authorized the proper City officials to implement the said program; and WHEREAS, Included within said Development Program are public facilities to be constructed by the City, including the expansion of the existing pedestrian system, and the construction of a mall and people place on 7th Street as an open or enclosed public way and the construction of a people mover system within the district; and WHEREAS, For the purpose of implementing the said Development Program the Mayor and the Downtown Development District No. 1 Adeisory Committee has recommended that the Council approve an architectural services contract with Bather, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. for the design and development of Seventh Place Mall and People Place; now, therefore, be it RESOLVED, That the Council does hereby approve the agreement retaining the architectural services of the firm of Bather, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. to perform the services as set forth in the attached agreement for a total consideration not to exceed the sum of $20,400. 00, to be charged to the Downtown Development District Bond Fund, and the proper city officers are COUNCILMEN Yeas Nay�S Requested by Department of: Butler Dept. of Planning & Economic Develop•-� Hozza [n Favor ment Hunt . Levine __ Against BY — Roedler Sylvester Tedesco Form Approved City At rney Adopted by Council: Date — Certified Passed by Council Secretary BY By Approved by :�layor: Date _ Appr ed by Mayor for S mi sion to Council � By B WHITE - CITY CLERK COl1RC11 �j n PINK -- �NANCE GITY OF SAINT PALTL �:�ll�� CANARV�PARTMENT BLUt AYOR File NO• Council Resolution Presented By Referred To Committee: Date Out of Committee By Date hereby authorized and directed to execute the said agreement on behalf of the City of Saint Paul. Approved as to available funds Director, D artment of Fin nce�y�,�� and Management Services �. � 3'�J -2- COUIVCILMEN Yeas Nays Requested by Department of: Butler � Dept. of Planning & Economic Develop— Hozza In Favor ment Hunt a .. Levine __ Against BY � � Roedler S ylvester Tedesco a t9�� ,..-=� M� 2 Form Approved by ity ttorne Adopted bY-�ouncil• Date �' Cert ed Pa:<� by C il Ser�etar BY Appr d y Mayor: Date • MAR 3 0 1978 App d by Mayor for Su i r�to Council By BY pUBLlSHED APR g 1978 . •• ' ° ��"�'.�� ARCHITECTURAL SERVICES AGREF.�`tENT THIS AGRErT4ENT, m�sde and entered into this day of , by and between _, BATHER, RINGROSE, WOLSFELD, JARVI�, GARDNER, INC. , , a corporation organized and existi.ng under tlie laws of the State of Minnesota, (hereinafter referr�d to as the "Architect") and ' CITY OF SAINT PAUL, MINNESOTA (hereinafter referred to � � • as the "City") WITNESSETH: WHEREAS, the City proposes to re-route vehicular traffic from portions of Seventh Street in downtown Saint Paul and to develop "Seventh Place" in the public right-of-way; and WHEREAS, the development of "Seventh P�ace" is in accordance with the Downtown Concept Plan ("Tomorrow's Fram�work from Taday's Foundation: PLEINNING FOR DOWNTOW�T SAINT PAUL" - adopted by the St. Paul Planning Commission April 22, 1977, 77-230-CPS-R77-11) , the Downtown Community Develo��ment Progr�m and the Dawntown Development District Program; and WHEREAS, there is b necessity for an interim or Phase I Seventh Place between the time of street closing and completion of the Oxford;Radisson/Galleria project - as well as final decisions on the proposed People Mover system; an+l WIiFREAS, the City desires complete Architectural/Engineering sertrices for Phase i Seventh Place; and ' WHEREAB, the City has the sutho�ity to allocate funds from the Downtnwn Development llistrict Bond Fund for Architectural/Engineering services; �nd WHERLAS, the Department of Planning and Economic Develapment possesses � t.he nec�ssar3 e�erience, expertise snd personnel to administrate and coordinate such Arckitectural/�ngineering services; and WEi�REAS, Lhe c�rchitect is able and willing to perform the required services f+�r P+�ase I Seventh Place: NOS�T, `CHEP.EFflRE, IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTTES Dl� gIEREBY I�1[TTi3A�.LY �GR�E AS FOLL0T�15: � 1 df 12 . ��'�� . PROJECT ADMINISTRATION, COORDINATION�MF.ErINGS, YRESENTATIONS, REVIEWS. The City hereby designates the Department of Planning and Economic Devslopment (hereinafter referred to as PED) as being responsible for administration of architectural services under this Agreement and coordination of the development of Phase I Seventh Place. pED will arrange the necessary meetings with other governmental agencies, �( Operation 85, building owners, and others for purposes of coordination, presentations and reviews. The Architect shall designate a Principal-in-Charge who will report to FED and when requested, attend meetings, make presentations and submit drawings for review as requir.ed. ' 2. AVAILABILITY OF INFORMATION. PED shall make available to the Architect all reports, soil borings, surveying data, utility services, studies and plans that are reasoriable requests for the proper execution of the services undes this Agreement. 3. PROJECT DESCRIPTION/GOALS AND OBJECTIVES. The City proposes to develap Seventh Place in two phases. Phase I, covered under the services of this Agreement, will be an interim pedestrian environment serving as a transition to a fully developed Phase II Seventh Place. It will occur, after removal of vehicular traffic, in the Seventh Street right-of-way between the foilowing streets: . St. Peter and Wabasha Wabasha and Cedar Minnesota and Robert Robert and Jackson Jackson and Sibley The Galleria will be developed between Cedar and Minnesota Streets with extensions anticipated over these streets to Phase I Seventh Place and to � buildings in the adjacent blocks, " � 2 of 12 ' p � � � �.�� . ; � Fhase I Seventh Place shall be designed to achieve the following goals , i s�nd objectives; I A. Spaces shall be designed which are adaptable to a wide variety of _ people activities during all seasons of the year. � B. Design elements - (landscaping, lighting, architectural, elements, graphics, etc,) shall be chosen and arranged to achieve a visuslly pleasing effect during all sessons and also during those periods when . � people activities are at a low intensity. Planting materials, in particular, shall be selected for winter characteristics of interest and visual impact, C. An environment shall be provided wherein ideas, both functional and visual, can be tested for possible incorporation in the Phase II Seventh Place, D. Phase I Seventh Place shall be designed to complement and enhance adjacent uses and buildings--and to stimulate redevelopment and rehabilitation to the greatest extent possible. E. An environment shall be designed which provides, as much as possible, ease of transition to a Phase II Seventh Place--and, where appropriste, � allows for reuse of Phase I design elements. . F. Phase I Seventh Place shall be designed ta provide identity to specific areas, where appropriate, but within a framework of overall functional and visual unity, G. Phase I is an interim situation, however, it shall be designed to achieve durability and consistent, good appesrance during its duration. - Design elements which will result in an overly temporary character, which are subject to undue deterioration or require a high degree of maintenance, etc, , shall be avoided. 4, SCOPE OF SERVICES. Upon written authorization to proceed, the Architect shall perform all the necessary services provided under this Agreement and shall do, perform and carry out, in a satisfactory manner, as determined by PED, the following: ° _ , 3 of 12 � �. �``7�`�'�9 A. Preliminary Design: The Architect shall Choroughly analyze the functional, technicsl and aestheti.c issues of. Phase I Seventh Place, with PED, to insure that a development can be achieved which fulfills the goals and objectives outlined above and which meets cost constraints. During this stage, the Architect shall prepare alternative design approaches for review by PED, other governmental agencies, Operation 85 and various private parties. PED, after consultation with a11 affected public and private parties, shall select one approach for further � preliminary design. _ ; Preliminary Design presentstions shall include: 1.) Proposed Program of Phase I Seventh Place activities 2.) Plans (which include adjacent buildings) 3.) Se�tions through public right-of-way: transverse and longitudinal (which include the facades of, and partial sections through, adjacent buildings) 4,) Perspective sketches or model 5,) Cost estimates 6.) Outline specifications B, Desi�n Deve�opment; The Architect shall prepare from the approved preliminary design documents, for approval by PED, design development drawings and other documents to fix and describe the size and character of the entire project as to landscape and architectural elements, structural systems, graphics, lighting, utility systems, materials and other essentials as may be appropriate. Perspective sketches (or model) and outline specifications shall be included at this stage. Also, the Architect shall submit to PED an updated statement of probable construction cost (showing breakdown) . C. Workin� Drawings and Specifications; 1. General: Upon receipt from PED of written approval of the Design Development drawings and documents, the Architect shall prepare and deliver to PED complete Working Drawings and Specificstions for Phase I Seventh Place. After a review by PED, other government • 4 of 12 � . �'�� agencies, Operation 85, etc. , the Architect shall modify the documents as necessary. The Working Drawings and Specifications shall be in the full detail needed for open competitive bidding, and for contractural and construction purposes and, except as otherwise specified or directed, shall provide for a complete Phase I Seventh Place when construction in accordance with such documents has been completed. - � 2. Specifications: Complete specifications, fully coordinated with the drawings setting forth clearly the scope of work and the requirements for materials and workmanship. 3. Drawings: The Working Drawings shall be well drafted. They may be in pencil on good quality tracing paper but shall be capable of producing clesr, sharp contact prints or negatives suitable for making reproductions as required by PED. 4. Reviews: During the preparation of the Working Drawings and Specifications, the Architect may request a review or reviews of those documents by adjacent building owners, PED, other government agencies, Operation '85, etc, , or PED may choose to - request such review or reviews. 5. Estimate: With the Working Drawings and Specifications the Architect shall furnish PID an estimate of the cost of Phase I Seventh Place in the form prescribed by PED. 6, Reproduction of Final Documents: The Architect shall furnish the Working Drawing tracings and the Specisl Conditions and Technical � Specifications as typed originals on bond paper to PED. PID shall prepare the bid forms and general conditions and shall reproduce the documents for bidding purposes. � D. Services During Construction: The Architect, or his representative, shall provide the following services during the construction phase: Make thorough observations on-site of the construction of Phase I Seventh Place (without in any way guaranteeing the construction contractor's � work) and report in writing to PED any deficiencies observed in construction, . 5 o f 12 Off-site visits shall be made where required to check the w��f��y' fabricators, evaluate planting materials, etc. Such on and off-site visits are to be made by the Architect or his representative as agreed with PID snd sha11 be made as often as necessary during the active periods of construction to determine conformance to the plans and specifications, . Advise on speciaT problems and on changes necessitated by unforeseen conditions encountered in the course of construction. Prepars and countersign construction change orders in the form and in accordance � with procedures furnished by PED. Review and approve shop drawings, samples, planting materials (prior to installation), etc, Review and sign contractors' psyment estimates for the value of work performed, Assist in the City's final inspection and sign certificates of completion, 5. CONSULTANTS. The Architect may retain consultants as may be required. ', i Consultants and their proposed fees are subject to approval by PED. � ; i 6. � TIME OF PERFORMANCE. The services of the Architect are to be available � upon the execution of this Agreement and sha11 be provided in such sequence as � i to assure an expeditious completion in light of the purpose of this Agreement � and as required to meet a mutually agreed upon schedule between the Architect � and PED. � 7. � � COMPENSATION. The City agrees to pay the Architect for his services on � this project the lesser of (1) 12% of construction cost, (2) $20,400.00, or (3) hourly rates, �The hourly rates are shown on Exhibit "A" attached hereto, � � The fixed sum ($20,400.00) is based on a construction budget of approximately $180,000.00. If the scope of the project (including construction budget) shall � materially change, the percentage of construction cost and fixed sum figures shall be adjusted accordingly upon mutual agreement of the City and the Architect. 8. PAYMENTS TO ARCHITECT, For all services enumerated and performed by its principals, employees and consultants in Section 4, the Architect shall submit i monthly to the PED detailed time records and accounts (in triplicate) which identify I the work perfo�ed and which shall certify that all items are true and correct ! And expended under the provisions of this Agreement. Upon approval of the Architect's f time records and accounts, PED will transmit the Architect's bills for service i 6of12 � � - � � �"��`�� to the City Finance Office for payment from the Downtown Development District Bond Fund, Payments to the Architect shall be made in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total compensation: Preliminary Design Phase . . . . . . . . . . . 15% Design Development Phase . . . . . . . ...•.•.. . . . . 35% Construction Documents Phase . . . . . . . . . . �. . � 75� Bidding Phase . . . . . . . . . . . . . . . . . . . 80% � Construction Phase . . . . . . . . . . . . . . . . . 95% Final Completion , , : . . . . . . . . . . . . . . . . 100% 9. PREVAILING SALARIES, Not less than the respective salaries prevailing in the locality shall be paid to persons in the respective occupations therein employed in the performance of work under this Agreement, 10. CERTIFICATIONS. The Architect shall furnish to PED with each statement submitted for s�rvices rendered certifications as to compliance with Section 9 of this Part w'nen applicable, and a similar certification of his consultant with respect to employees engaged in work under this Agreement. 11. RESPONSIBILITY OF ARCFIITECT. The Architect shall apply to the preparation of the plans and specifications the reasonable and proper skills, judgment, and care which are customary and aormal to professional practice, and shall be liable to the City for damages or losses resulting from failure to apply the above ressonable and praper skills, judgment and care. 12. PRINCIPAL-IN-CHARGE. The Architect designates Mr, Peter E. Jarvis as ' principal-in-charge of the service required herein. The Architect designates Mr. David W. Ohde as Project Manager. Mr. Ohde is a registered landscape Architect in the State of Minnesota. 7 of 12 < � l`�� s'� 1.3. _ APPROVALS PRIOR TO CONSTRUCTION CONTfiACT AWARD. The Architect shall submit the Working Drawings and Specifications as soon as prepared to all� agencies of the local and Stste Government having jurisdiction over Phase I Seventh Place and having the right to require such submission to them for approval of any aspect of this project. 14. INDEMNITY. The Architect shall indemnify, save harmless, protect and � defend the City, it officers, agents, and employees from all suits, actions or claims of any character brought for or on account of any injuries or dsmages received by any person or property, including the City, resulting ` from any error, omission or negligent act of the Architect or any persons employed by him. in carrying out the terms of this Agreement. ].5. INSURANCE. The Architect shsll, during the terms of this Agreement, carry and maintain an architect's and/or engineer's professional liability � insurance policy in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) which policy shall be subject to approval as to coverage and terms by OFmer's City Attorney. Architect shall deliver a copy of this insurance policy to PED prior to commencement of any work or services under this Agreement. In addition to the stsndard cover.age for errors and omissians, the policy shall also include coverage for contractusl liability (hold harmless coverage) and shall further provide that PED shall receive thirty (30) days' written notice of cancellation thereof or notice of any material changes in said policy, 16. INDEPENDENT CONTRACTOR. For the purposes of this Agreement, the Architect shall be deemed to be an independent contractor, and not an employee of the City. ' Any and.all employees of the Architect or other persons, while so engaged in the performance of any work or services required by the Architect under this Agreement, shall not be considered employees of the City, and any and all 8c�� 12 . .___ _ _ _ , - ;� claims that may or might arise under the Workers' 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 ss a consequence of any act or omission on the part of Architect' s employees, or other persons while so engaged on any of the work or services to be rendered, shall in no way be the obligation or responsibility of the City. The Architect shall pay, as they.become due, all just claims for work, tools, machinery, skills, materials, insurance premiums, equipment and supplies furnished, rendered or performed in the execution of this Agreement. � 17. NONDISCRIMINATION. The Architect sha11 be a contractor for the application of all provisions dealing with human rights covered under Chapter 238, Laws of the State of Minnesota 1941, and amendments thereto, Chapter 74 of the St, Paul Legislative Code, and the rules promulgated by the St, Paul Human Rights Commission pursuant to Chapter 74 of the St. Paul Legislative Code. The Architect shall not discriminate in the hiring of common, sk�lled or professional labor against any individuals or groups of individuals covered by the aforesaid acts. This section applies to subcontractors and consultants retained by t�e Architect for services in connection with this Agreement. 18. COMPLIANCE WITH LAWS. The Architect shall design Phase I Seventh Place to comply with all federal, state and local laws, together with all ordinances and regulations applicable to the work, He shall procure sll licenses, permits, or othe�r rights necessary to practice architecture, landscape architecture and engineering necessary for the fulfillment of his obligations under this Agreement, , Before final payment can be made for the work on this Project, the Architect must make a satisfactory showing that he has complied with the provisions of Laws of Minnesota for 1961, Chapter 213, Article I, Section 6, as the same may be hereafter codified, requiring the withholding of state income tsx,for wages paid employees on this Project. The required affidavit fo nns may be obtained from the Commissioner of Taxation, Centennisl Building, Saint Paul, Minnesota 55101. 9 of 12 . - � {'th+-9� ;°-��« � �. �� `� �� : �. 19. CONTINGENT FEE. The Architect warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Architect, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or pe�son, other than a bona fide employee working solely for the Architect, any fees, commission, percentage, 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 City shall 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 fu11 amount of such fee, commission, percentage, brokerage fee, gift or contingent fee, ' 20, ACCOUNTING RECORDS. Records of the Architect' s direct personnel and consultant expenses pertaining to this Project and records of accounts between the City and its contractor or contractors sha11 be kept on a generally recognized accounting basis and shall be available to PED at � mutually convenient times. 21. OWNERSHIP OF DOCUMEIVTS AND MATERIALS. The Architect sha12 file with PED all drawings, documents, reports, renderings, models, etc, of the Preliminary, Design Development and Working Drawing/Specification phases, After completion of the Project, the Architect shall deliver to PED the originals or a reproducible copy of the originals of the Working Drawings and one copy of complete specifications (including all addenda) and a copy of record` drawings reflecting changes during construction Uased on information furnished by contractor. All documents and materials prepared by the Architect under this Agreement shall become the property of the City of Saint Paul. � 10 o f 12 . �� 22. TERMINATION OR SUSPENSION. The City may at any time terminate or suspend, upon seven (7) days' written notice, all or any part of the Architect's services to be furnished hereunder, Ttie Architect shall be notified in writing by PED of the termination or suspension of the Architect's services, and thereupon such services shall be halted immediately. In such event, the Architect sha11 be entitled to reasonable compensation for �11 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 or suspension, all finished and unfinished documents prepared by the Architect and compensated for under this Agreement shall become the property of the City and shall be forthwith delivered to PED. The City shall be fully and solely responsible for any use the City or others make of these documents. 23. CERTIFICATE AND RELEASE. Prior to final payment under this Agreement and prior to settlement upon termination of this Agreement and as a condition precedent thereto, the Architect shall execute and deliver to PED a certificate and release in form acceptable to the City, containing a release of all claims � against the City snd by virtue of this Agreement, other thsn such claims, if any, as may be specifically exeepted by the Architect in stated amounts set forth therein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. in Presence of: . • BATHER, RINGROSE, WOLSFELD, JARVIS, • ' . � GARDNER C. . By: 4 _ � Its � CITY OF SAINT PAUL �pproved as o Form: By; - Mayor Assistant i t y . Director, Department of Finance and Management Services 11 of 12 � EXHIBIT A PHAS�, I SEVENTH PLACE Hourly Rates: Labor Cost Ti.mes Factor < Labor cost is defined as the base wage plus labor additives (FICA, unemployment, hospitalization, etc.) . This labor cost is then multiplied times 2.00 to develop hourly rates. These labor costs will change April 1, 1978. However, the percentage of construction cost and fixed sum figures noted in Section 7, "Compensation", will not change - unless the scope of the project is materially � changed (See Section 7) . _ � Average Range In Average Wage Cost Classification Wage Costs Wage Cost Times 2.0 Principal $22.40 $22.40 $44.80 Associate $16.15-$18.51 $17.33 $34.66 Professional II $14.74-$16.82 $15.53 $31.06 Professional I $9.28-$13.30 $11.37 $22.74 Senior TechniciaZ $8.07-$12.11 $10.49 $20.18 Technician $5.57-$8.07 $ 6,75 $I3.52 � Clerical $6.06-$6.25 $ 6.16 $12.32 • ; ; ; A 1 i � ' lil . I 12 o f 12