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267294 WHITE - CITY CLERK C011[1C11 ���/�� PINK - FINANCE GITY OF SAINT PAUL t �3�.� l�ti GANARV-`- DEPARTMENT � BI.UE -MAVOR Fll@ NO. . ncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul does hereby approve of the Architectural Service Agreement with the Housing and Redevelopment Authority and Hammel , Green and Abrahamson; and the Surveying Services Agreement with the Housing Authority and Charles 0. Georgi Company, both agreements for the purpose of providing the City with assistance in the planning and development of expanding the downtown skyway and concourse system in accordance with the approved Downtown Development District Development Plan , and the agreements shall be funded from proceeds of the Downtown Development District Bond Funds . � � � i COUNCILMEN i Yeas Nays y Requested by Department of: � Christensen l^ i Hozza K7 [n Favor � Levine � Rcedler � Against BY Sylvester , Tedesco President Hunt ��,� �� 7� <<�/t� Form Approved y C' Attor ' Adopted by Council: Date � Certified e Cou il ec eta BY ` sy 7 ' Approved Mayor: D e � Approved by Mayor for Submission to Council B BY Y , �� JUM . 5 t976 j . , ���,¢���� SURVEYING SERVICES AGREEP�ENT THIS AGREEMENT, made and entered into this day of � , 1976, by and between � . CFi�RLES O. GEORGI COMPANY (hereinafter referred to as the "Surveyor") and CITY OF SAINT PAUL, MINNESOTA (hereinafter referred to as the "City") � and HOUSING AND REDEVELOPMENT AUTHORTTY . OF THE CITY OF SAINT PAUL, MINNESOTA, (hereinafter referred to as the "HR.A") WITNESSETH: WHEREAS, the City and the ARA entered into an Agreement on the day of , 197 , under which the HRA is to advise and assist the City in its economic development; and WHEREAS, the City is. in the process of extending the Capital Centre skyway system, northerly and southerly, through certain existing buildings in Downtown Saint Paul; and � WHEREAS, $750, 000. 00 has been allocated out of Community Development Funds for the actual construction of said skyway - extension; and WHEREAS, the City desires surveying data necessary for said construction; and WHEREAS, the City has authority to allocate mor.eys from the Downtown Development District Bond Fund for studies and planning within the Downtown Development District; and WHEREAS, the HRA possesses the necessary experience, expertise and personnel to assist in coordinating such studies and planning; and , WHEREAS, under a separate agreement the architectural firm of �;x..: Hammel, Green and Abrahamson, will do the preliminary analysis and 4.` design of said expansion of the Capital Centre skyway system; and WHEREAS, the HRA and said architectural f irm will need survey data on property lines, building location, building floor and ceiling elevations and street elevations sufficient to enable the architects to relate bridges and concourse accurately to existing buildings and streets; and WHEREAS, the Surveyor is able and willing to do such surveying � � studies; NOW, THEREFORE, IN CONSIDERATZON OF THE PREMISES, THE PARTIES DO HEREBY MUTUALLY AGREE AS FOLLOWS: 1. ' PROJECT DSRECTION AND COORDINATION. The City hereby designates the HRA as the agency responsible for the administration of surveying services under this Agreement and coordination of the expansion of the Capital Centre skyway system, and the HRA agrees to provide such administration and coordination. HRA shall report monthly to the City concerning the sta�us of the surveying services and shall also submit to the City final reports. 2. 2. � AVAILABIZITY OF INFORMATION. The HRA. shall make available to the surveyor all reports, studies and plans that have been developed for the proper execution of the services required under this Agree- ment. 3. _ SCOPE OF SERVICES. In consideration of the compensation set forth in this Agreement, the Sur.veyor agrees to provide the following services to the HRA: A. For the seven (7) bridge sites shown on the Concourse Extensions Map, hereto attached as Exhibit "A" and incorporated herein by reference, the Surveyor will establish block corners and block lines, locate building faces in reference to the block lines and have the building faces together with angles and distance to each other at the designated bridge sites. The Surveyor will sub- mit said information in drawing form to the HRA and agrees to supplement such drawings by written reports where needed. B, The 5urveyor will establish street elevations and building floor and ceiling el�vations at the points indicated on the Concourse Extensions Map, hereto attached as Exhibit "A" and incorporated herein by reference. Said information will be includsd in the clrawing required above, in accordance with bridge locations as proposed by the above named architects. 4. TIME OF PERFOR�iANCE. The Surveyor agrees to complete all 3. services enumerated and contemplated herein within sixty (60) days of the date of execution of this Agreement according to the schedule of priorities established by the HRA. 5. COMPENSATION. The total cost of the services enumerated herein shall not exceed Two Thousand Five Hundred Dollars ($2,500. 00) . Such services shall be compensated at an hourly basis at the rates shown on the minimum fee schedu].e of the Capitol Area Land Surveyor�s Association, hereto attaehed as Fxhibit "B", and incorporated by reference herein. 6. ACCOUNTING RECORDS. For all services enuinerated herein and � performed by its principals, employees and consultants, the Surveyor shall submit to the HRA in triplicate, detailed time records and accounts which identify the work pzrformed and which shall certify that all items are true and correct and expended under the provisions of this Agreement. Upon satisfactory completion of the services enumerated herein, and upon the HRA' s approval of the Surveyor' s time records and accounts, the HRA will transmit the Surveyor' s bills for service to the City for payment by the City, from the Downtown Development District Bond Fund. 7. POSSESSION OF DOCUMENTS. The Surveyor shall d2liver original drawings relating to said ser.vices and prepared by the Surveyor to 4. the HRA and all such drawings and documents shall become the property of the HRA. The Surveyor shall have no claim for further employment or additional com�pensation as a result of the HRA' s exercise of its full rights of ownership of said drawings and documents. 8. TERMINATION. The HR.A or City may terminate this contract at any time by a notice in writing �to the Surveyor specifying the effective date of termination. If this Agreement is terminated by the HRA as provided herein, the notice of termination will be given at least f ive (5) days bef ore the ef f ective date of termi- nation. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Surveyor under this Agreement shall, at the option of the HRA, become the property of the HRA. and the Surveyor shall be entitled to receive compen- sation as agreed upon in paragraphs 5 and 6 above for any work completed on such documents. 9. TNDEPENDENT CONTRACTOR. For the purpose of this Agreement, the Surveyor shall be deemed to be an independent contractor, and not an employee of the City or of the HRA. Any and all employees of the Surveyor or other persons, wh.ile engaged in the performance of any work or services required by the Surveyor under this Agreement, sha11 not be considered employees of the City or of the HRA, and any and all claims that may or might arise under the Workmen' s Cor�!pen- sation Act of Minnesota on behalf of said employees or other persons 5. U�hile so engaged, and any and a11 claims made by any third party as a consequence of any act or omission on the part of the Surveyor` s e�.�ployees, . or other persons while so engaged on any of the work or services to be rendered shall in no way be the obiigation or respon- .;,:: sibility of the City or of the HRA. �-�:�� `�::;:, 10. NONDISCRIMINATION. The Surveyor shall be deemed a contractor for the application ot all provisions �ereto and laws against unlawful discrimination on account of race, sex, creed or color hereunder. ' The Surveyor agrees, in accordance with Chapter 238, Zaws of Minnesota � for 1941, and amendments thereto, and in accordance with Chapter 74 -. of the Saint Paul Legislative Code, as amended, that in the hiring ; ot common or skilled labor for the performance of any work under this Agreement, he shall not, by reason of race, color, creed, nationa�. origin, religion or sex, discriminate against any person who is a citizen of the United States who is qualif ied and available to perform the work to which such employment relates; that no contractor, material supplier or vendor under this Agreement shall in any manner discriminate against, or inti.midate, or prevent the employment of any person for the performance of work under this Agreement on account of race, creed, color, national origin, religion or sex, and that this Agreement may be cancelled or terminated by the City ' � f or by the HRA or both and all money due or to become due hereunder ! shall be forfeited for a second or any subsequent violation of the ter,ns and conditions of this Agreement. 6. 11. CONIPI,IANCE WITH LAWS. The Survey shall endeavor to comply with all federal, state and local laws, together with all ordinances and regulations applicable to the work. He shall procure all licenses, permits, or other rights necessary to practice surveying �-.4; ::,� necessary for the fulfillment of his obligations under this Agree- � ment. . Before final payment can be made for the work on this project, the Surveyor must make a satisfactory showing that he has compli�d 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 tax for wages paid employees on this Project. The required affidavit forms may be � obtained from the Commissioner of Taxation, Centennial Building, Saint Paul, Minnesota, 55101. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. . Approved as to form: CITY OF SAINT PAUL, MINNESOTA i � ; � � Assistant City Attorney t�iayor � Director, Department of Finance � and Management Services f , f 7 . , .; • �?� / r`., F�'`� HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA By Its , _r:-: By Its � � � CHARLES O. GEORGI COMPANY By Its � M. By . �. Its � ,� 8 . . . . . � ����,�� ARCNITECTURAL SERVICES AGREEMENT THIS AGREEME�JT , made and entered into this day of , 1976, by and between HAMMEL , GREEN AND ABRAHAMSON ° (hereinafter referred to as � � ��Architect" ) and CITY OF SAIN.T PAUL , MINNESOTA ( hereinafter referred to as the "Ci ty�� � and HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAI��T PAUL , MINNESOTA ( hereinafter referred to as the " HRA" ) . WTTNESSETH: WHEREAS, the City and the HRA entered into an agreement on the day of , 197 , under wh�ich the HRA is to advise and assist the City in its economic development ; and WHEREAS, the City is in the process of extending � the C.apital Centre skyway system, northerly and souther1y, through certain existing buildjngs in Downtown Saint Paul ; and ' WHEREAS , $750 ,000. 00 has been allocated out of Community Deveiopment Funds for the actual construction of said skyUray extension ; and !�HfREAS , the City desires preliminary analysis and design data necessary for said construction ; and WHEREA5 , the City has the authority to allocate money from the Downtown Development District Bond Fund for studies and planning within the Downtown Development District ; and WHEREAS , the HRA possesses the necessary experience, expertise . and personnel to assist in and coordinate such studies and planning ; and WHEREAS, the Architect is able and willing to do the prelimi - °�� - ,¢. nary analysis and design of said expansion of the Capital Centre skyway system; � NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES , THE PARTIES DO HERESY MUTUALLY AGRE-E AS FOLLOWS : 1 . PROJECT DIREGTION , COORDINATION , INEETINGS , PRESENTATIONS , REVIEWS. The City hereby designates the HRA as the agency responsible for administration of architectural services under this Agreement and coordination of the expansion of the Capital Centre skyway system and the HRA hereby agrees to provide such administration and coordination . The HRA will arrange .the necessary meetings with other governmental agencies , building owners , the skyway task force and others for purposes of coordination , presentations and reviews . The Architect shall designate a project architect who wi11 report to the HRA and attend meetings , make presentations and sub- � mit drawings for review as required . HRA shall report monthly to the City concerning the status af the architectural services and shall also submit to City final reports . . 2 . 2 . AVAILABILITY OF INFORP4ATIOPa . The HRA shall make available to the Architect all reports , surveying data , studies and plans that have been developed for the proper execution of the services required under this Agreement . 3 . . SCOPE OF SERVICES. In consideration of the compensation set forth in this Agreement , the Architect agrees to provide the following services to the HRA: A. Concourse 1 ) The Architect will analyze proposed and alternative routings through buildings to determine the constraints in remodeling a building for concourses . To prepare this analysis the Architect will perform the following specific tasks : a . Analyze building mechanical , electrical , plumbing , etc , systems . b. Analyze building structural systems . ', c . Analyze existing floor layouts to determine feasible concourse routings . d . Prepare preliminary drawings of floor plans , building and wall sections , etc . which will show: 1 . Concourse confi �uration through buiidings . 2 . Study of structural , mechanical , electrical issues as these relate to new concourses . 3 . Building materials . 3 . 4 . Preliminary design and 7ocation of graphics and other public improvements in concourses . 5. Location of vertical access faciiities and ramps . : e. Prepare an outline specification . f. Prepare cost estimates . The work outlined above shall apply specifically to the Athletic Ciub, Minnesota Mutual , Degree of Honor, Hilton Hotel and ramp , Abstract and Commerce Buildings , all located in Downtown Saint Paul , Minnesota . � The Architect shall coordinate with architects for the respective owners of the Daytons , Young Quinlan , Hamm, Bremer Arcade, �- Donaldson ' s and Metro Square Buildings in determining concourse locations and configurations . � B . Bridges 1 ) In order to determine the constraints involved in connecting buildings with pzdestrian bridge structures , the Architect will perform the following specific tasks : � a . Analyze building facade and structural systems to determine architectural compatability and capability of 6ridge support . b . Analyze bridge mechanical , electricai , p7umbing , lighting , etc . requirements and the capability 4 . J ' of the buildings systems to meet these requirempnts . c . Prepare preliminary drawings of bridge floor plans , sections , elevations , existing building wali sections and independent support structures which wiil show: 1 . Connection of bridge to buildings and independent support. , - 2. Study of structural , mechanical , electrical , plumbing issues as these relate to bridge structures . 3 , Location of ramps in bridges . d. Prepare cost estimates . 2. The Architect will also analyze the following bridges: , a. Daytons/Young Quinlan b. Bremer Arcade/Donaldsons c. Donaldsons/Metro Square d . Existing concourse/Athletic Club e. Athletic Club/Minnesota Mutual f. Minnesota Mutual /Degree of Honor g . Degree of Honor/Abstract Building/Hilton Hote] ' h. Commerce Building/City Hall i . City Hall /Lowry Annex � 3 . For both concourses and bridges , the Architect will be responsible for familiarizing himself with existing conditions by visitations to buildings and sites and by reviewing existing building construction documents , 5. ,� I � ' � � 1 public agency documents , etc . All preliminary design and analysis. shall be taken into account applicable codes , ordinances , regulations , etc . 4. TIME OF PERFORNIANCE. The Architect agrees to complete all services enumerated and contemplated herein within one-hundred and twenty ( 120) d.ays of the date of execution of this Agreement, except unavoidable delays which are not the fault of the Architect or his consultants , according to the schedule of priorities for concourses and bridges established by the HRA. 5. COMPENSATION . The total cost of the services enumerated herein shall not exceed for�y thousand dollars ($40 ,000. 00) . Such services shall be compensated on an hourly basis . The hourly rate shall be 2 . 32 times the wages paid by the Architect to principals of his firm and technical employees for time spent on the project - which would be $35 . 00 per hour for principals , and up to a maximum of $25. 00 per hour for Technical employees . Consultant services shall be paid at actual cost plus 5% . . 6 . . ACCOUNTING RECORDS . For all services enumerated and performed by its principals , employers and consultants , the Architect sha11 6 . submit to the HR�, in triplicate, detai1ed time records and accounts which identify the work performed and w�ich shall certify that all items are true and correct and expended under the provisions of this Agreement . Upon satisfactory completion of the services enumerated herein, and upon the NRA' s approval of the Architect ' s time _ records and accounts , the HRA will transmit the Architect ' s bills for service to the City for payment by the City , from the Downtown Development District Bond Fund. 7 . POSSESSION OF DOCUMENTS . The Architect shail deliver all original drawings and documents relating to said services and � � prepared by the Architect to the HRA and all such drawings and documents shall become the property of the HRA and the City. The Architect shall have no claim for further employment or additional compensation as a result of the HRA ' s exercise of its full rights of ownership of said drawings and documents . 8. TERMINATION. The HRA or the City may terminate this contract at any time by a notice in writing from the HRA to the Architect specifying the effective date of termination . If the contract is terminated by the HRA as provided herein , this notice of termination will be given at least five ( 5 ) days before the effective date of termination. In such event , all finished or unfinished docur�ents , 7 . � ; � data , studies and reports prepared by the Architect under this contract , shall , at the option of the HRA become its property and the Architect shall be entitled to receive compensation as agreed upon in Paragraph 5 and 6 above for any work completed on such documents . 9 . 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 or of the HRA. Any and all employees of the Architect or other persons , wh11e engaged in the performance of any work or services required by the Architect under this Agree- ment , shall not be considered employees of the City or of the HRA, � and any and all claims that may or might arise under the Workmen ' 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 the Architect ' s employees , or other persons while so engaged on any of the work or services to be rendered , shail in no way be the obligation or responsibility of the City or of the HRA. 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 . 8 . . � 10. NONDISCRIMITdATION . The Architect sha71 be deemed a contractor for the application of all provisions hereto and laws against unlaH�ful discrimination on account of race , sex , creed or color hereunder. The Architect agrees , in accordance with Chapter 238, Laws of Minnesota , for 1941 , and amendments thereto , and in accordance _ with Chapter 74 of the Saint Paul Legislative Code , as amended , that in the hiring of common or skilled labor for the performance of any work under this Agreement , he sha11 not, by reason of race , creed , color, national origin , religion or sex, discriminate against any person who is a citizen of the United States who is qualified and available to perform the work to which such employment relates ; that no contractor, material supplier or vendor under this Agreement I � sha71 in any manner discriminate against , or intimidate, or preven� the employment of any person for the performance of work under this Agreement on account of race, creed , color , national origin , religion � or sex, and that ,this Agreement may be cancelled or terminated by ' the City or by the HRA and all money due or to become due hereunder � shall be forfeited for a second or any subsequent violation of the terms and conditions of this Agreement. � 11 . � _ COMPLIANCE WITH LAIJS . The Architect shall endeavor to comply � v�ith all federal , state and local laws , together with ail ordinances and regulations applicable to the work. He st�all procure all licenses , permits , or other rights necessary to practice archi - ' tecture necessary for the fulfillment of his obligations under this Agreement . 9. �; � �, 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 P�innesota for 1961 , Chapter 213 , Article 1 , Section 6, as the same may be hereafter codified , requiring the withholding of state income tax for wages paid employees on this Project . The required affidavit forms may be obtained from the Commissioner of Taxation , Centennial Building , Saint Paul , Minnesota , 55101 . 12. 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 person , other than a bona fide employee working solely for the Architect , any fee , commission , percentage, brokerage fee, gift or other consideration, contingent upon or resulting from the award or making of this Agreement . For breach or violation of this warranty, the City or the HRA shall have the right to annul this contract without liabi7ity , or in its discretion to deduct from the contract price or consideration , or otherwise recover , the full amount of such fee , commission , percentage , brokerag� fee , gift or contingent fee . ; IfJ WITNESS WHEREOF , the parties have caused this Agreement to be executed the day and year first above written . i 10 . � -� y ' � �'�'7��4 Approved as to Form: CITY OF SAINT PAUL , MINNESOTA Assistant City Attorney Mayor , sW-: . :;:� . Director, Department of inance � and Management Services HOUSING ANO REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESQTA By By HAMMEL, GREEN AND ABRAHAMSON 't . By By 1l .