Loading...
247339 '.��'RI6INAL TO CITY CLERK ���"'��V CITY OF ST. PAUL FOE NCIL NO. � OFFICE OF THE CITY CLERK , COU L RESOLUTION—GENERAL FORM PRESENTED BY - - COMMISSIONE DATF RESOLVED, That the proper City officers are hereby authorized a.n.d directed to execute on behalf of the City the Agreement be- tween the City of Saint Paul and St. Croix Engineering Corporation pertaining to the furnishing of architectural services and inspec- tion and superintendence to the City� s Department of Public Utilities as part of the City of Saint Paul ' s Code Enforcement Program, a copy of said Agreement being attached hereto and incor- porated herein by reference. �O� � �' .0 �O �~�'�. ( O � �o �s ��� � ���:0 COUNCILMEN Adopted by the Councii 19— Yeas Nays Carlson �'�� � 1970 Dalglish Approved 19— Meredith �n Favor Peterson � Sprafk2 V Mayor A gainst Tedesco Mr. President, Byrne PUBLISHED F�B � �9�� O e.. . � .` _ � . ` s�� • � . • ��y� / ��a AGREEMENT THIS AGREEMENT, Made and entered' into on this day of , 19 , by and between THE CITY OF SAINT PAUL, MI1�'NESOTA, hereinafter referred to as "City" , Party of the First Part , and ST. CROIX ENGINEERING CORPORATION, a Minnesota corporation, hereinafter referred to as "Consultant" ; WITNESSETH: WHEREAS, The City has , under date of July 30, 1968, entered into a Grant Contract for Code Enforcement Program with the United States of America to provide financial assistance to said City under Section 11'7 of Title I of the Housing Act of 1g49, as amended; and WHEREAS , Pursuant to such contract the City is undertaking certain activities necessary for the initiation and execution of a Code Enforcement Program consisting of concentrated code enforce- ment activities and the providing of certain public improvements situated in the project area development ; and WHEREAS , The City desires to engage the Consultant to render certain technical services in connection with such undertaking of the City; NOW, THEREFORE , The parties hereto do mutually agree as follows: 1 . Scope of Services . The Consultant shall perform all the necessary services provided for herein in connection with and respecting the project area described in the attached Exhibit A. A. Consultant shall furnish professional engineering and architectural services in connection with the Public Improvement Program o� the City' s Department of Public . Utilities within the project area as may be requested from time to time in wri�;ing by the City. Engineering . . • - �;_�„ . services shall include field surveys , consulting advice , the preparation of preliminary pyans and estimates of cost , and the preparation of working plaris and specifications for ornamental street lighting systems . It is the intention of the City to divide ornamental street lighting systems into sub-projects. The Consultant shall not proceed to commence any work provided for herein until �he shall receive written notification to begin from the Commissioner of Public Utilities . The notice shall contain a description of the area within the project and of the work to be performed, an estimate of the fees to be paid Consultant therefor, the date on which the Consultant shall begin to proceed with the work, and the date on whieh the completed work should be presented to the City. (The date of completion shall not be less than thirty (30) days from the date on which the work is to begin. ) B. Consultant shall provide in-contract construction inspection and superintendence in connection with the ornamental street lighting construction within the project area as may be requested from time to time in writing by the Commissioner of Public Utilities . It is the intention of the City to divide ornamental street lighting systems into sub-projects . The Con- sultant shall not proceed to commence any work provided for here- in. until he shall receive written notification to begin from the Commissioner of Public Utilities. The notice shall contain a description of the area within the project and of the work to be performed, an estimate of the fees to be paid Consultant therefor, and the date on which the Consultant shall begin to proceed with the work. 2 . . � � �_ If Consultant is requested to perform architectural su- perintendance services , then it is agreed that Consultant will make periodic visits to the site to familiarize itself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract. On the basis of such observation, it will keep City informed of the progress of the work, and will endeavor to guard City against defects and deficiencies of the work of the builder by making recommendations as to work that should be corrected. However, Consultant will not be required to make exhaustive on-site in- spections to check the quality or quantity of the tiaork. Con- sultant will not be responsible for means , methods , techniques , sequences or procedures with the work, and it will not be re- sponsible for the builder' s failure to carry out the work in arnnrrlannn �ui th thn f n»t.r.�nt � f!nngi,dl t.a,rit. E4111 I20t �? ?"2Sj?nnci hl o for the acts or omissions of the contractor, any sub-contractors , or any of their agents or employees , or any other persons perform- ing any of the work. C. Consultant agrees to furnish all personnel , surveying equipment and such materials as stakes and automobiles as may be required to carry out the engineering, architectural and inspection services provided for in this Agreement . All original drawings , maps , surveys , plans , specifications, statements of • data, analyses , estimates and reports are to be the property of the City. 2 . Payment to Consultant . A. Payment to the Consultant for preparation of plans and specifications as provided for in Section 1 (A) will be an amount 3. ` �,;:'_ ; �- �:�_ equal to 8.0 percent of the project cost as estimated by the City and as stated in the letter of authorization. �if the time � allotted for completion of the work authorized is more than thirty (30) days , the Consultant may present partial billing for each thirty-day period representing an estimated percentage of work completed to the date of such billing. Payment shall be made by the City within thirty days of approval by City of the plans submitted. B. Payment to Consultant for in-contract and post-contract services set out in Section 1 (B) will be an amount equal to 2 .0 percent of the awarded construction bid. Payment to Consultant will be made monthly upon presentation of a statement and the total cumulative payment for this phase will at all times bear the same ratio to the total maximum payment as the amount of construction work accomplished does to the total construction bid. C. The total maximum payment that shall be made for all service provided hereinabove shall not exceed the sum of Twenty- One Thousand and no�100 Dollars (�21 ,000.00) . 3. Terms and Conditions . This Agreement is subject to and incorporates the provisions attached hereto as Part II -- TERMS AND CONDITIONS (Form H-621 B, dated May, 1966) . 4. Prevailin� Salaries . Not less than the respective sal- aries prevailing ir_ the �ocality as determined pursuant to the attached "Determination of Prevailing Salaries of Technical Positions" shall be paid to persons in respective occupations 4. �_ , ' Lu... . occupations listed therein employed in the performance of work under this contract . It is further agreed that the Consultant shall defend and save the City of Saint Paul and the Public Utilities Department of the City of Saint Paul harmless from any claims , demands , actions or causes of action arising out of any negligent act or out of any negligent omission on the part of the .Consultant , . its agents , servants , or employees in the performance of or with relation to any of the work or services provided to be performed or furnished by the Consultant under the terms of this Agreement . 6. It is also agreed that the Consultant shall carry adequate insurance upon all motor vehicles used by it in the performance of work assigned by the City under the terms of this Agreement , and ,__, , a..�� ,, _,�,,,; + �1 �. /+.�+�.., + ' �c� r d b � t h^ �I1Q11 ,J1 VUTAI�Ci C.I.L1LL CA1111J1 V JlAlill liVl V1l.4li VJ UllVll 1.A , � Superintendent of Lighting of the Public Utilities Department of the City of Saint Paul . It is also provided t.hat the Consultant shall carry Workmen' s Compensation Insurance adequate in all respects to meet the requirements of the Workmen' s Compensation Law of the State of Minnesota, covering all of the employees of the Consultant engaged in any work to be performed by said Con- sultant under the terms of this Agreement , and the Consultant agrees to produce such policies of Workmen' s Compensation Insurance coverage upon demand of the Superintendent of Lighting of the Public Utilities Department of the City of Saint Paul . ° 7. It is further agreed that the Consultant a�rees to furnish a surety bond in form satisfactory to the Corporation Counsel with a corporate surety au�horized to do business in the State of Minnesota in the penal amount of Five Thousand Dollars (�5 ,000.00) , 5 . � �- i � . conditioned upon the full and faithful performance of the Con- sultant under the terms of this Agreement , said bond being further conditioned to protect and save harmless the City of Saint Paul and the Public Utilities Department of the City of Saint Paul from all claims and demands of every nature whatsoever arising � out of the negligent performance of services by the Consultant , its agents , servants or employees under or by virtue of the terms of this Agreement . � 8. Time of Performance . The services of the Consultant are to commence as of the date of this Agreement and shall continue until all of the construction of the public improvements contem- plated by tYiis Agreement within the project area are completed; provided, however, that the work contemplated shall be completed on or before July 30, 1971 . n n--' -_-� � i •_ _� � �. � _ � 7. �vu�ul. �d.il� �liatt u6 liCCjI1Cl1 d i;0iit;1'ctl:tUr' fur t�le cljJ�111c;�l.— tion of all provisions hereof and laws against unlawful discrim- ination on account of race , creed or color hereunder. Consultant agrees in accordance with Chapter 238, Laws of the State of Minnesota for 1941 , that in the hiring of common or skilled labor for the performance of any work under this contract or any sub-contract hereunder, no contractor, material supplier, or vendor . shall , by reason of race , creed or color, discriminate � against any person who is a citizen of the United States who is � qualified and available to perform the work to which such employ- ment relates ; that no contractor, material supplier or vendor under this contract shall in any manner discriminate against , or intimidate , or prevent the employment of any person, or on Ueing hired, prevent , or conspire to prevent , any person from the per- formance of work under this contract on aecount of race , creed or • 6. • �� ; . , lt .' . . ' . . Lll.'....... .s color; and that this contract may be cancelled or terminated by the City, and all moneys due or to become due hereunder shall be � forfeited for a second or any subsequent violation of the terms or conditions of this contract . This contract is subject to Tit1e� VI of the Civil Rights Act of 1964 (P. L. 88-352 , approved July 2 , 1964) and the rules and regulations (24 CFR, Subtitle' A, Part 1) , issued by the Housing and Home Finance Agency pursuant thereto . For the purposes of this Agreement , Consultant shall be deemed to be an independent contractor and not an employee of the City. Any and all employees of Consultant or other persons , while en- gaged in the performance of any work or services required by the Consultant under this Agreement , shall not be considered employees of the City; and any and all claims that may or might arise under the Workmen' s Compensation Aet of Minnesota on behalf of said em- ployees or other persons while so engaged, hospitalization insurance coverages , social security and pension payments and benefits , other employee obligations and benefits , and any and all claims made by any third party as a consequence of any act or omission on the part of Consultant , the employee 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. Consultant shall pay as they become due all just claims for work, tools , mach,inery, skill , materials , insuranee premiums , equipment and supplies furnished, rendered or performed in the execution of this Agreement . 10. It is agreed that this Agreement shall not be assignable and shall continue in force and effect until terminated in writing by either party on thirty (30) days ' written notice thereof. The City and Consultant may terminate this Agreement at any time upon 7. i � , � ._, . � � � . the providing of thirty (30) days ' prior written notice thereof. IN WITNESS WHEREOF, The parties hereto have executed this Agreement the day and year first above written. CITY OF SAINT PAUL Approv as to Fo m: By Mayor , . � �' � � �� �o� Commissioner of P i`c Utilities . � � � Approved as to Form and ' execution this day of City Clerk ' 19 Countersigned: ' Assistant Corporation Counsel City Comptroller cm runTV L+rrr�rrr�r.nTrrr nnnnn� nmTn�T A11 � V11.Vtla L1\l�ll\LLl{i1111�.i VV1�.1 V14L111V1\ � \ �� � -�,'�_� In Presence of: B�- �> � � �'�-, �: � -_� �--'. . _. C� . $ . �.. � f ;