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249718 � ° 249'�l8 . OR161NAL TO CITY CLHRK . � CITY OF ST. PAUL FIOENCIL NO. OFFI�E OF THE CITY CLERK COUNCIL ESOLUTION-GENERAL FORM PRESENTED BY �" COMMISSIONE ATF RESOLVED, that the proper City officers are hereby authorized and directed to execute o�i behalf of the City the agreement between the City of Saint Paul an�d Brauer and Associates, Inc. ; said agreement pertaining to the study of a park facility in the area of Hidden Falls to Crosby Farm. FORM APPRO sst. C poration Counsel 7� �� 1 b i97o � COUNCILMEN Adopted by the Counci� 19— Yeas Nays su� `����� 1 :a ��7� Caxlsan " � Approved 19` Levine • �n Favor Meredith , Mayor Sprafka gainst Tedesco Mr. President, McCarty , ' 'PUBLISHED �j�L � $ 1970 . �� ` . 249��� DU}LICATt TO lRIN7�R � � CITY OF ST. PAUL F�u��� NO OFFI E OF THE CITY CLERK COUNCIL ESOLUTION--GENERAL FORM PRESHd"fED�lf COMMISSIONE ATE ftESOLVID, that the p oper City oft'icers are hereby aathoriled and directed to e�eoute o behal� oi the City �he sgreesent betr�►een the City o! Saint Paul an Brsuer and A�ssociates, Iae. � said agreeaeat�'' pertaining to the �tudy o a park laQility in the �rea of Hidde� • Falls to Croeby Farm. � ;�„ l 6 1970 COiJNCILMEN Adopted by the Coanci� 19—. Y� ,/�� J.UL 1 b 1910 Butler Carlaon APP���� 19._.._ Levine Tn Favor Meredith Msyor Sprafka Tedesco inat : Mr. President, McCarty �� . . • . . . . t,..n.,. ... ^ • • � � � � CF , . � � �49f . .�'� A G R E E M E N T THIS AG�,EEMENT, made and entered into this day o� , 1970, by and between the CITY OF SAINT PAUL, MINNESOTA, by and through its DEPARTM�NT OF PARKS AND RECREATION. AI�TD PUBLIC BUILDINGS , a municipal corporation, hereinafter to be called "City" , and BRAUER � & ASSOCZATES, INC. , a Minnesota corporation, hereinafter called "Planner" . WITNESSETH: ARTICLE 1 : ADDRESSES That the City does hereby employ the Planner as an independent contractor to render professional services for an on-site analysis and program definition, master plan, development phasing and cost estimates for the design of a city park facility in the area of Hidderi Falls to Crosby Farm. The principal members of Planner are Donald Brauer, David H. Hodapp and Paul F'jare. AIi.TICLE 2: SCOPE OF SERVICES A. Basic Services. ' The Plannei ' s Basic Services shall include iiormal planning, landscape architectural and engineering services as follows: . 1 . Review of the existing site and boundary conditions as well as existing proposals for facility develop- ment as a basis for prograin definition. '�� 2. On-Site Study of the natural conditions of the site by the Planner and consulting naturalist in order to establish the �,otential for park use, establish limitations and special conditions as a basis for preparation of base maps supportiilg physical features -- bo�th natuial and man made -- specific piogr•am proposals in repoit form (10 copies) , presented in � manner suitaUle for publi.c presentation. . .. . . .. � �.....:... .. , . . . � . . . . . . . � . . . . . . .. . . . . �� :.... ... � ' � , � • ,' ,� _ , ' ' 3. Comprehensive Master Plan for a park facility in graphic form as an interpretation of program proposals, schematic grading and planting proposals illustrating the location and function of existing and proposed related facilities for access , parking, tiails, boat launch, etc. The plan will be rendered in a manner suitable i'or reproduction photographically and . duplication by standard printing methods. 4. Develo�ment Phasing and Cost Estimates in detail according to a logical and useful breakdo�an by con- struction process and facilities and outlined in the development phasing. Costs will include allo��Tance - for detail design, bidding and inspection fees, administrative costs and probable increases in construction co'st which may occur over the period of time required to complete the construction work, and all preliminary work drawings used to arrive at cost estimates for grading, dredging, underdrainage, electrical , water, sewer and other improvements related � to the master plan and included in the cost estimates. 5. Presentations and Meetings with City' s staff, as . necessary, during the contract period. B. Additional Services. The following services are not covered in Article 2, Sub- � division A and if any of these services are authorized by the City, they shall be paid for by the City as herein- after provided: � ]_ . Biddin� nro�edur�s which incl»de preparation of ad- vertisements i'or bids, issuance of drawings and specifications to bidders , clarification of questions by addenda during the bidding period, direction of 2 . ;,. biaders conference, analysis of bids received, recomm.endatioizs for contract award ai�d assistance in preparation of contract clocuments for each contract awarded. ' 2. Daily Construction Observation throughout the con- struction peiiod as a check on materials, work methods and all contract, plan and specification requirements . of the work for complete control of the job. Project Representatives will maintain a daily log of inen, equipment and materials on the job, ��eather, iaork progress and other pertinent ini'ormation. 3. Preliminary Construction surveys , verification of . mapping and utilities, estaUlishment and monumentation of ownership and life estate corners affecting the work. ' . 4. Construction Stakin�. 5. Public Relations document. � 6. Sketch Graphics. 7. Formal report consisting of the program definition � report, master plan, and cost estimate data compilation. 8. Additional services not covered in Article 2, Sub- a division A above as specifically authorized by City. ARTICLE 3: FEES FOR PROFESSIONAL S�RVICES The City shall compensate the Planner for completion of profes- sional seivices described in Article 2 above as follows: A. For the Planner ' s basic services, as described in Article 2, Subdivision A1 through A2; a Lump Sum Fee which includes all expenses in the amount of Two Thousand Pi��e Hundred Dollars (�2, 500.00) . � B. Por the Planner ' s basic servi_ces , as descriY�ed iii Article 2, Subdivision A3, a Lump Sum Fee which includes all expenses in the amount o� l�our Thousand Five Hundred Dollars (�4, 500.00) . 3 , � , ' . � ., _ .. C. For the Planner ' s basic services , as described in Article 2, Subdivision A4, a Lump Sum Fee which includes all expenses � in the amouizt of Two Thousand Dollars (�2,000.00) . D. For the Planner ' s additional services , as described in Article 2, Subdivision B, a fee computed on the basis of the follo�ti�ing hourly rate schedule: Principal �35.00 per hour � Professional Sta�f 16.00 to 24.00 per hour Technical Sta�f 9.00 to 18.00 per hour Administrative Staff 9.00 per hour 1 . All overtime involving Technical and Administrative personnel shall be compensated at one and one-half (12) times the hourly rate shown, only for work specifically authorized by the City. 2. Actual expenditures directly connected with the Project including mileage, cost of soil borings, testing or special consultants as directed by - City, and identifiable materials, services or supplies used in reproduction of reports , drawings, specifications or field work, are charged at cost in addition to the hourly fee. E. Payments to the Planner shall be made as follows: � ` 1 . Payments on account of the Planner' s basic services shall be made monthly in proportion to services performed and are payable within 30 days of re- ceipt of the Planner ' s statement of services rendered. 2. Statements will be submitted to City on a monthly basis , with a breakdown of time and expen�es for �ervices perform�d thraugl� tl�e 25th �ay of ±hc previous month. 1� . . . . . . . . . . . . . . . . 4_..�e. ..a T�:. .� . " �� f . ,. .. � . . . ARTICLE 4: CITY'S RESPONSIBILITY The City shall make available or allow access to all eaisting data related to the work and all other data or information ���hich may develop that could possibly have a bearing on the decisions or recommendations made under 1;his Agreemen�;. The City shall specifically provide: A. Topo�raphic mappin� with four (4) foot contours and two � (2) foot supplementals, with locations of structures, aerial photographs, soil surveys , borings or other data which describe the general nature and conditions of the sites, which are available presently or anticipated during the plailning period. - B. Legal Description of the sites together with a brief review of all applicable legal restrictions (easements, deed restrictions , purchase contract conditions , ete. ) C. Public Utilities includirzg, existing and proposed streets, water, sewer, and drainage utilities with hydrologic storage and �low requiiements as they affect the park site. D. Soil Borin�s and analysis on all marginal or swamp land, in oider to determine only the nature and depth of organic or unstable soils as a basis for more accurate cost estimates. � (Only those pr,esently available are necessary for planning. ) E. Additional data or information which will have a bearing on the conclusions and recommendations of the Planner. ARTICLE 5: TERM, TERMINATION, SUCCESSORS AND ASSIGNS A. Term of the Contract shall be concurrent with the work authorized. Estimated time of staiting services described in A.rticle 2, Subdivis_i_or� Al t�hrou�h A� is Jul,y 1 , 19'70; Article 2, Subdivision A3 is August l , 19'70; and Article 2, Subdivision A4 is September l , 19?0. 5 ............. . ,..... ..... . ... . F, . ,..'t ��*, . B. Termination may be accomplished by cither party at any time by written notice , and shall be effective upon payment in full for all services performed to the date of receipt of such notice. . C. The City and the Planner each binds itself, its partners, successors, assigns and legal representatives to the other party of this Agreement, and to the partners , successors, � assigns and legal representatives of such other party with respect to all covenants of this Agreement. D. Neither the City nor the Planner shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 6: PLANNER' S RECORDS , DOCUMENTS AND INSURANCE A. The Planner shall maintain time records for hourly fees, design calculations and research notes in legible form and will be made available to the City if requested. B. The Planner reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical � character, and other works related to this Projec�; in which copyright may be claimed. The City shall have full . rights to reproduce works under this Agreement either in whole or in part as related to this Project, but wozking drawings and specifications are not to Ue used by the ' City on otller projects except by agreement in writing and with appropriate compensation to the Planner. One copy of each drawing shall be provided in reproducible form for use by the City, but the original drawings will remain the property of' the Planner. C. The Planner shall carry insurance to protect liim from claims under Workmen' s Compensation Acts with a certificate of such coverage submitted to the City, and �rom claims 6 , ,.,_, �":>- ' • ' y ' ' ., , � • - . � . . � , , for damages of bodily injury i�cluding death to his employees and the public and from claims for property damage in the following amounts: l . Limits of not less than ��25 ,000 with respect to , property loss . . 2. Limits of not less than �50,000 with respect to injury or death to any one person. . 3. Limits of not less than �300,000 iaith respect to any number of claims arising out of a single occurence. ARTICLE �: EXTENT OF AGREEMENT AND APPLICABLE LAW A. This Agreement represents the entire and integrated agree- ment between the City and the Planner and supercedes all pri.or negotiations , representations, or agreements, whether written or oral with respect to the Project. This Agreement may be amended only by written instrument signed by both ' City and Planner. B. Unless other�aise specified, this Agreement shall be governed by the law of the principal place of business of the Planner. IN k'ITNESS �ti'HEREOF, the parties hereto have hereunto set their hands to this Agreement as of the day and year first above �aritten. � In the Presence of: BRAUER & ASSOCIATES , INC. � By Sr-���-�--•�,�r P,��si��'�'/T CITY OF SAINT PAUL By . Mayor Commissioner of Parks and Recieation and Public Buildings Approved as to form: , Countersigned: Assistant Corporati.on Counsel Appr«�ea a. co f�+n ona a�ecucton City Comptroller thts _ day o1 _ 19 9/ __ �" �"�- � ss{etunt ;urpor�tt{on Gounacl