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245011 OR161NAL TO CITY CL6RK ���0�� � CITY OF ST. PAUL �OENCIL NO. � � OFFICE OF THE CITY CLERK C CIL RESO ION—GENERAL FORM PRESENTED BY �jQ COMMISSIONE `� DATF RESOLVED, By the Council of the City of Saint Paul, that the proper City officers are hereby authorized and directed to execute, on behalf of the City of Saint Paul, Architectural Service Agreement between the Gity an.d Hammel, Green and Abrahamson, Inc. for the construction of a Warming House Addition to the Merriam Park Community Center Building, 2000 St. Anthony Avenue, as more particularly set forth in said agreement. FORM 14PPROV D qs �, Corpora n u I JUL 2 4 196►9 COUNCILMEN Adopted by the Council 19— Yeas Nays ;�VL 2 4 19�� Carlson Dalglish Approve� 19— Meredith �n Favor P�erson Sprafku f-' AQ��r Mayor A gainst Tedesco UL 2� 1� :�:=.��_ �.�:�M:a�� PIb�LLSHE� J :�: Mr. Vice 1'reei�idnt (Petdraion) � DUPLICATE TO PRINTER �)/�C��`� � CITY OF ST. PAUL couNCa ��1,�� OFFICE OF THE CITY CLERK FLE NO. 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V Y � ��J � � � RECEIV � � /\ $�. t'.���r' l �y `r+"' � �� , JU� �� � � � � ARCHITECTURAL SERVICE AGREEMENT �ti,h„� ��f,� ,�,� �� ',�, ! ARCNI i EGis E::� ; ;S '; -,<< . THIS AGREEMENT� made and entered into this d.ay of July, 19b9, by and between Hammel, Green and Abrahamson, Inc. , a Minnesota corporation, party of the first part, hereinafter referred to as r'Associate Architect, �' and the City of Saint Paul, a municipal corporation of the State of Minnesota, party of the second part, hereinafter referred to as the ��Owner. �� WHEREAS, the Owner intends to construct a Warming House Addition ' to the Merriam Park Community Center Building, 2000 St. Anthony Avenue, consisting of a warming room, girls' toilet room, boys' toilet room, office, equipment garage and any other required utility areas as determined by the Department of Parks and Recreation; and WHEREAS, Associate Architect has been so designated under Section 304 of the Charter of the City of Saint Paul and all services shall be performed in compliance with said section and under the supervision of the City Architect of the City of 5aint Paul; NOW, THEREFORE, The Associate Architect and. the Owner, for the considerations hereinafter set forth, mutually agree as follows: AR TIC LE I PROJECT Owner contemplates construction of Warming House Addition to the Merriam Park Community Center Building, 2000 St. Anthony Avenue, ,� consiating of a warming room, girls' toilet room, boys' toilet room, office, equipment garage and any other required utility areaa as determined. by the Department of Parks and Recreation� hereinafter referred to as the Project. ARTICLE II C OMPEN5ATION In consideration for services to be provided hereunder, the Owner agrees to pay Associate Architect 9-1/2 per cent of the project construction cost of the Project for the basic services rendered as defined below. ARTICLE III BASIC SERVICES � � In consideration of the above compensation, Associate Architect � agrees to provide the following bas ic s ervices: A. Schematic Des ign Phas e -- The As s ociate Architect shall consult with the Owner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. � He shall prepare schematic design studies which shall include a description of the area to be affected, a description of present structures if any, the requisite land to be acquired, � together with a general sketch and description of the project for approval by the Owner. He shall submit to the Owner a statement of probable construction costs. The cost estimates ahall be included as a part of the b as ic s ervic es. B. Des ign Development Phas e -- The As s ociate Architect shall prepare from the approved schematic design studies, the design development d.ocuments consisting of plans, elevations and other drawings, the outline specifications to fix and. illustrate the size and character of the entire project in its essentials as to kinds of materials, type of structure, capacity of such structure� types of ,� heating, co.oling, mechanical, electrical and structural systems required and. such other work as may be required to present a complete preliminary plan of the entire project to the Owner. He shall submit to the Owner a further, more detailed statement of the current probable project construction cost. C. Preliminary Plans -- The completion of all the requirements and services included in the achematic design phase and. the design development phase, for the purposes of this contract, shall be considered the co mpletion of the preliminary plans when approved. by the Owne r. • � D. Construction Documents Phase -- After approval of the : preliminary plans, the Associate Architect shall proceed with the construction documents phase which, for purposes of this contract will be considered the final plans phase. � � The Associate Architect shall prepare from the approved • Design Development Documents working drawings and specifications setting forth in detail the work required for the architectural, structural, mechanical, electrical, service connected equipment, and site work, and. the necessary bidding information, general conditions of the contracts and supplementary general conditions of the contracts, and shall assist in the drafting of proposal and � contract forms. He shall submit a detailed statement of probable project construction costs based on changes in scope, requirements or current market conditions. He ahall submit such final plans including the statement of current probable construction costs to the Owne�r, Such final plans will be submitted to the Owner for approval on or before � 19 ,� E. Construction Phase -- The Asaociate Architect shall assist the Owner in obtaining proposals from Contractors and in awarding and preparing construction contracts. The Associate Architect shall furnish to the Owner thirty (30) complete sets of the drawings and specifications to be used for bid purposes. To the extent provided by the contract between the Owner and the Contractor, he shall make decisions on all claims of the Owner and Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the . � Contract Documents. He shall check and approve samples, sched.ules, shop drawings and other submissions only for conformance � with the design concept of the Project and for compliance with the informatior. of the Project and for compliance with the information given by the Contract Documents, prepare change orders and assemble written � guarantees required of the Contractors. F. Associate Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. During such visits on the basis of his observations while at the site, he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and. deficiencies in the work of Contractors, and he may condemn work as failing to conform to the Contract Documents. The Asaociate Architect will also represent to the Owner that, to the best of his knowled.ge, information and belief based on what his observations have revealed� the quality of the work is in accordance with the Contract Documents. He will conduct inspections with the City Architect to determine the ;� dates of substantial and final completion, subject to acceptance by the Owne r. ARTICLE IV PAYMENTS TO ARCHITECT A. After approval of the preliminary plans for the project by the Owner, Owner will pay to Associate Architect thirty-five per cent (35°jo) of the compensation for basic services as provided in Article II as it applies to the Axoiect, , B. After approval of the final plans for the project by the Owner, Owner will pay Associate Architect the balance then due which shall be seventy-five per cent (?5%) of the compensation for basic services as provided in Article II as it applies to the project less the . � payment made pursuant to Paragraph A of this Article IV. C. After receipt of bids and within 30 days after award of contract, the Owner will pay.the balance then d.ue, which shall be eighty , per cent (80°fo) of the compensation for basic services as provided in Article II as it applies to the project less the payments made pursuant � to subparagraphs A and B of this Article IV for such project. D. During the construction of the Project, the Owner will pay the balance due for basic services in the form of monthly payments which shall be amounts which are in the same proportion as the total of the monthly payments made to the contractors carrying out construction of the project bears to the total construction cost. The '�balance due for basic services" shall be one hundred per cent (100%) of the compensation for basic services as provided in Article II as it applies to the project less the payments made pursuant to Paragrapha A, B and C of this Article IV for such project. ARTICLE V • PROJECT CONSTRUCTION COST Project Construction Cost as herein referred to means the total cost �. of all work deaigned or specified by the Associate Architect, but does not include any payments mad.e to the Asaociate Architect or consultants. Project Construction Cost shall be based. upon one of the following sources with precedence in the order listed: ' Lowest acceptable bona fid.e Contractor's proposal received for any or all portions of the Project. � Semi-detailed or Detailed Estimate of Project Construction Cost as defined below. The Associate Architect's latest Statement of Probable Project � Construction Cost based on current area, volume or other unit � costs. When labor or material is furnished by the Owner, the Project � Construction Cost shall include such labor and material at current ' market cost. , • Estimates of the Probable Project Construction Cost will be . prepared. by the Associate Architect during the Design Development or Construction Documents Phas e. The estimator for probable construction costs shall be approved. by the Owner and the cost of same shall be included as part of the basic services. If the 5tatement of Probable Project Construction Cost, or the Semi- Detailed. or Detailed Cost Estimate, or the lowest bona fide proposal is in excess of any limit determined pursuant to Article VI herein, the Owner shall give written approval of an increase in the limit, or he shall cooperate in revising the project scope or quality, or both, to reduce the cost as required. Since the Associate Architect has no control over the cost of labor and materials, or competitive bidding� he does not guarantee the accuracy of any Statements of Probable Construction Cost, or any Semi-Detailed ,� or Detailed Cost Estimates. ARTICLE VI � MAXIMUM PROJECT COST The preliminary and final plans to be prepared by Associate Architect shall be such as can be developed to permit the construction of the Project at a cost which is within Owner's ability to finance and which bears a reasonable relation to the estimated coet of $25, 000. 00. At any time the Associate Architect shall become aware of facts or circumstances showing a substantial increase in costs beyond the original estimate, he shall immediately give notice to the Owner, in writing. � ARTICLE VII : ACCOUNTING RECORDS Records of the Associate Architect's Direc.t Fersonnel, Consultant, � and Reimbursable Expense pertaining to this Pro�ject and records of accounts between the Owner and Contractor shall. be kept on a generally ' recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE VIII DESIGNATION OF ARCHITECT The Associate Architect, at all times, shaJ.l employ and maintain a competent and duly registered architect in chaY�ge of the subject architectural work and the performance of all Associate Architect's obligations hereunder. , Associate Architect shall have the status of' associate architect pursuant to the authority under 5ection 304 of the Home Rule Charter of the City of Saint Paul and shall be subject to the provisions of said Cha rte r. ARTICLE IX DOCUMENTS 1 Associate Architect shall file with the City Architect all drawings and specifications required under terms of this contract. After completion of construction of the Project, the Associate Architect shall deliver to the Owner the original or a reproducible copy of the original of the drawings, and ten (10) copies of complete specifications (including all addenda). -7- Owner agrees that such drawings and specifications shall not be used on projecta other than the Project except by agreement in writing. AR.TICLE X FAIR. EMPLOYMENT PRACTICE ' The Associate Architect shall be deemed a contractor for the application of all provisions hereof and laws against unlawful discrimination on account of race, creed or color hereunder. The Associate Architect 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 thie 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 employment 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 being hired, prevent, or conspire to prevent, any person from the performance of work under this contract on account of race, creed or color; and that this contract may be cancelled or terminated by the Owner, and all moneys due or to ' become due hereunder ehall be forfeited for a second. or any subsequent violation of the terms or conditions of this contract. This contract is subject to Title VI of the Civil Rights Act of 1964 �`� (P. L. 88-352r approved July 2, 1964) and the rules and regulations (24 CFR, Subtitle A, Part 1), isaued by the Houaing and Home Finance : Agency pursuant thereto. ARTICLE XI OWNER'S RESPONSIBILITIE5 The Owner shall provide full informa.tion as to his requirements for the Project. � The Owner shall designate, when necessary, representatives authorized to act in his behalf. The Owner shall examine documents submitted by the Associate Architect and, render decisions pertaining 1 thereto promptly, to avoid unreasonable delay in the progress of the � : Associate Architect's work. The Owner shall observe the procedure of issuing orders to contractors only through the City Architect and. As s ociate Architect. ' The Owner shall furnish or direct the Associate Architect to . obtain at the Owner's expens e a certified survey of the s ite, giving, as required, grades and lines of streets, alleys, pavements, and. adjoining property; rights of way, restrictions, easements, encroachmenta� zoning, deed restrictions, boundaries and contours of the building site; locations, dimensions, and necessary data pertaining to existing buildings, other improvements and trees; full information as to available service and. utility lines both public and private; and test borings and pits necessary for determining subsoil conditions. The Owner shall pay for structural, chemical, mechanical, soil mechanics or other tests of like nature if required. The Owner shall supervise required. surveys and soil tests; he shall prepare advertisements for bids, manage bid openings and review bids and contracts; he shall d.istribute all the requisite copies of plans and specifications; he shall assume a general supervisory role of the � project construction; he shall check and certify contractors' monthly estimates, maintain job accounting recorda, make a final inspection of the completed project with Associate Architect� and issue Certificates for Payment. ARTICLE XII REIMBURSABLE EXPENSE In add.ition to the Associate Architect's basic fee, Owner agrees to pay the following incidental expenses incurred by Associate Architect necessarily in the interest of the Project provided, however, that these expenses ahall be reimbursable only if first authorized in advance by the Owner: � � A. Expense of transportation and living of principals . � and employees when traveling out of etate in eonnection with the Project; long distance calls and telegrams; additional reproduction of drawings and. specifications (excluding copies for Associate Architect's use as required in paragraph E, � Article III, d.uplicate sets for Owner's review, and d.uplicate sets required to be filed with any governmental unit). B. Fees of special consultants for other than the normal structural, mechanical, air conditioning and. electrical engineering services and additional perspectives and models. Additional perspectives and models are those not required for the design and construction of the Project nor presentation for approval by the Owiier. AR.TICLE XIII ADDITIONAL SERVTCES When authorized by Owner, Associate Architect will perform services in addition to his basic services for which Owner agrees to pay two and one-half (2-1/2) times the Direct Personnel Expense. � In computing said expense, principals' time shall be computed n at Fifteen Dollars ($15. 00) per hour and employees' time shall be computed at their regular rate of pay plus normal benefits. Direct Personnel Expense includes that of principals and employees engaged on the Project including architects, engineers, d.esignera, job captaine, draftsmen, apecification writers, typists and Project Representativea, in consultation� research, designing, producing drawing� . specifications and other documents pertaining to the Project, and services during construction at the Project site. Services considered in addition to Aesociate Architect's basic services are the following; A. Making exceptional planning surveys and special analyses of the Owner's needs to clarify requirementa of the Project. B. Revising previously approved drawings or specifications to accomplish changes. C. Preparing documents for Alternate Bids and Change Orders, or for supplemental work initiated after commencement of the construction phase. , D. Consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing professional services of the types set forth in Article III above as may be required in connection with the replacement of such work. E. Arranging for the work to proceed should. the contractor default due to delinquency or insolvency. F. Providing prolonged contract administration and observation of construction should the construction contract time be exceeded by more than 25°jo due to no fault of the � Architect. G. Preparing as-built drawings showing construction changes in the work and final locations of inechanical service lines and outlets on the basis of d.ata furniehed by the Contractor. H. Making an ins pection of the Project prior to expiration of the guarantee period and reporting observed discrepancies under guarantees provided by the construction contracts. -11- . ARTICLE XIV TERMINATION OR SUSPENSION The Owner may at any tirne terminate or suspend., upon seven (7) days' notice, all or any substantial part of the Associate Architect's . services to be furniahed hereunder. The Associate Architect ahall be � notified in writing by the Owner of the termination or suspension of the Associate Architect's services and. thereupon such services shall be halted immediately. In such event the Associate Architect shall be entitled to "just and equitable 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 s us pens ion. In determining "just and eq uitable compensation, " the amount of any settlement shall bear a reasonable relationship to the provisions for payment made in Article II, Article IV, Article XII and Article XIII. • ARTICLE XV ASSIGNMENT Neither the Owner nor the Associate Architect shall assign, sublet or transfer his interest in this agreement without the written cons ent of the other. AR.TICLE XVI Said Associate Architect, as Principal, shall carry an Architect's .� and/or Engineer's Profesaional Liability Inaurance Policy in the amount of at least $25, 000. 00� and shall �provide a copy of such Professional Liability Insurance Policy to the City, which Polic:y ahall be subject to approval as to form by the City. The Policy shall provide that the City shall receive thirty (30) days' written notice of cancellation thereof or notice of any material changes in said policy. .lZ k w IN WITNESS WHEREOF, The parties hereto have executed this � agreement the day and year first above written. In Presence Of: A EL D ABR AM5 N, INC. � j__ � � �� � , � -, By , _ . Its Form A proved: CITY O AINT PAUL gy � , Assi t Corpor i n Co., sel Ma or . � �Z �� Approved. as to for and execution Co issioner o arks� Recreation and Public Buildi s this�day of , 19b9 Assist Corpor io o s City Cler . Countersigned: Cit omptroller �