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246813 ORIGINAL TO CITY CLERK ;�4E�813 CITY OF ST. PAUL FOE NCIL NO. ` OFFICE OF THE CITY CLERK COU IL SOLUTION-GENERAL FORM PRESENTED BY COMMISSIONE ' DATF RESOLVED, that the proper City officials are hereby authorized and directed to enter• into an agreement between the City of Saint Paul, by and through its City Planning Board, and Eckbo, Dean, Austin & Williams, Inc. for professional planning and design consultation services for the Como Park Thruway and vicinity, a copy of which agreement is hereunto attached�d made a part hereof. � � F � �� �� �r DEC 2 �J 1969 COUNCILMEN Adopted by the Councit 19_. Yeas Nays Carlson p�G 2 ''t �g�� Dalglish Approved 19— Meredith �n Favor Peterson ' Sprafku � Mayor Tedesco A gainst Mr. President, Byrne PUBLISHED JAN 31970 O r �, . � ��� CITY PLANNING BOARD OF ST. PAUL `�� 1010 COMMERCE BUILDING • ST.PAUL, MINNESOTA 55101 • PHONE: 223-4151 N. R. HEIDEN,Ph D.Director December 19, 1969 Honorable Thomas R. Byrne, Mayor City Hall and Courthouse St. Paul, Minn. 55102 Dear Mayor Byrne: Enclosed is a resolution, ready for introduction to Council, which will authorize the City Planning Board of Saint Paul to enter into an agreement with the firm of Eckbo, Dean, Austin, and Williams (urban designers) for the purposes of studying the proposed extension of Lexington Parkway through Como Park. This is one of the resolutions about which I wrote in my letter to you of December 15, 1969. Because of the importance and need of this study, could you please introduce this resolution to Council as soon as possible so that I may proceed with the necessary details? Ve your , C � " �— Nolan `R. Heiden NRH:FS Director � �' � Enc.c cc: City Czertz �: � � � �� V"`� ��� JN��uw� t��- �1M.•� � ' ���tJ � � � �O 1�•��-4�(�t � "'_ ` `• ' �a k.' �r .; � 6 <.�;� � Th e � ,� � ���y �'� tv��11. Pr��+�rved � � � . �,� ; �'� 6t. Paut'a wiltingness tci balde for fts Ctiicago � Nor�}tv�e�tern It►ay .'e � right to zone for aeotMtf�s!�� atte�ted gup�e Court appeal. paid off handsomeiy. The r�uit ia that the city is in a� T'he U.S. Supr�me Ca1Rt lus� strong position to preserve the riv�lr ,' ; to review the constitt�tiooahhe��dt„ view along'the inaIl. Any d�velopmetlt ordinanee which b�rs constru�tyr��• �+t t�p1�tn that area will have to than tt�e KeIloQB Boulevat+d mall on#!N1 b° Pdant�ed in secordsqco wtth this Ordi- .. Miisiasippi River �ide of the �udl �; nance. Tt� city witl.bq��e to d�te�,' tween St. Pet�er and Robert atreete,�� mine horv Dest 1p utllize the unique char- the city has won the long court flght-t,a, ��r of the are�for the greatest benefit establish the right af aerthetic�vafng; �t���• � ' ' , It would have been eas to ` � ��� ����action'also gives Y �� St. Paul '!M cleltt to p r e t e c t t h e n a t u r a l the s t I'u Y 8 1 e a f t e r F e d er a l J u d�e M i i q�' �� � ��. �as in the city�vhich Lord held that the aedinance�vas tnconq. mi t b e stitutionai,However,the c i t y s t u c t t o i t i T he ���future. �S� aPP�1ed the decisioa to thE U,g, p�y��'� � � con�ratulated for lre�lt Court a n d g a i�t � � � to its Lbtits, T1te r e- there, then srt�ee�st�l�y���ll�Ma���� '��;��'� �M�tt� the �A �nd tx- '� �it - __ i--__----__. > t ' . ----u-�._�..,��_ _.-_ . � _ � _._ i r__ �, _ ; . �'. " �� ,�4' • ���� AGKLEM�:NT FOR PROFESSIONAL SERVICES LUMP SUM BASIS TI-iIS AGR,EEMENT, entered 'cnto this day of 19 , by and between the CITY OF SAINT PAUL, MINNESOTA, by and through its CITY PLANNING BOARD, a municipal corporation (hereinafter to be called the "Board"), and ECKBO, DEAN, AUSTIN & WILLIAMS, INC. , (hereinafter to be called the "Urban Designer"), who are individually authorized to practice their profession under the provisions of the Business and Professions code of the State of•�California; WITNESSETH: AR.TICLE 1 : ADDRESSES That the Board does hereby employ the Urban Des igner as an inde- pendent contractor to render�professional planning and design consultation �, services for the COMO PARK THRUWAY and vicinity, as needed and agreed to the extent and kind defined in Artcles 2, 3, and 4, below. The Principal members of the Urban Designer are Garrett Eckbo, Donald Austin, �'rancis Dean and Edward Williams, who are duly licensed and rc�;istcred as Landscape Architects and who will be professionally re- sponsible as such. ARTICLE 2: OBJECTIVES The consultant's efforts shall be so directed as to result in the - 1 - _ .� devcloE�iYienl of a plan which will assist in establishing guic!elines for the ncighborhood as well as public and private agencias including the Planning Board, Public Works and the Department of Parks and Recreation. A I�TICLE 3: SCOPE ` ' Tt�e area to be covered includes the corridor of Lexington Parkway from Summit Avenue to T. H. 36 Interchange, with consideration for alternatives between Dale Street and T. H. 51. Consideration will be given to city and regional requirements and demands. ARTICLE 4: SERVICES The professional services of the Urban Designer shall be as follows: A TNrnRMATTnN S7TRVF.Y - �ontact anpropriate a�encies and organizations including Department of Parks and Recreation, Public Wor•ks, previous engineering consultants and neighbor- hood groups. Collect, review and evaluate data, relate to city and regional projections for economics, transportation and general development. Conduct visual and photographic survey of.study area acknowledging significance of pedestrian and auto, resident and visitor relationships. li. PRELIMINAIZY STUDIES - Provide rough graphic evidence of three bas ic feas ible alternatives: - 2 - . . 1. East of park 2. Through park 3. West of park C. EVALUATION - Provide evidence for evaluating public benefits in comparison to social and economic costs considering: 1. Economics - Construction cost/Property values (with assistance from city planning staff) 2. Engineering - Roadway design, safety traffic, etc. 3. Park - Recreation function for neighborhood and region, park access, parkway, pedestrian and auto impact. D. REVIEW - Present to planning board and major agencies. nPterm�nP mn�t suitable alternative for final study and recommendation. E. FINAL PROPOSAL - Develop final studies acknowledging public input and required changes. Provide 30 copies of Xeroxed report, 20 pages minimum. F. FINAL PRESENTATION - Present to Planning Board and public. Urban Designer has, and retains the right to exercise full control and supervision of the services and full control over the employment and direct compensation and discharge of all persons assisting in the per- formance of it$ services hereunder. Urban Designer agrees to be solely responsible for all matters relating to payment of employees, including - 3 - compliance with social security, withholding and other regulations governing such matters. Urban Designer agrees to be responsible for its own acts and those of its subordinates, employees and subcontractors during the life of this Agreement. . ARTICLE 5: A. PAYMENT The Board agrees to pay the Urban Designer for professional services as follows: Services will be billed monthly against the fee at 2. 5 times the current payroll costs: Pr inc ipals: 15 Associates: 10. 5 � Assistants: ? . The above rates will include time while traveling to and from the study area. Travel and other expenses will be itemized separately but are included in the total fee. The Board shall pay such monthly billings within thirty days from receipt thereof, eacept that the Board shall � retain 10% of the monthly bil.ling fee exclusive of the actual out-of-pocket expenses incurred by Urban Designer. Said 10% retention shall become due Urban Designer upon the completion of a11 of the services as outlined in Article 4. Thirt�t days from the date of submission of the final plans and final presentation by Urban Designer, the full amount, including the 10% retention, shall be paid by the Board. Each monthly billing shall include a summary of the status of the aceomplishment of the services enumerated in Article 4. _ 4 _ B. MAXIMUM CONTRACT FEE The total fee, including the hourly billings and all expenses, shall not exceed Twenty Thousand Dollars ($20, 000. 00). L�ny additional work must be authorized in writing by the Board. Urban Des igner warrants that all of the services enumerated in Article 4 shall be accomplished within the limitation of the maximum contract amount of $20, 000. 00. ARTICLE 6: STUDY TEAM • All services stipulated for the role of Principal and Associate in the Urban Designer's proposal to the Board, of December 2, 1969, shall be performed by Garrett Eckbo, Jerry J. Loomis and Christopher Degenhardt. ARTTCLE 7: ITEMS SUPPLIED AND EXTRA WORK A. The Urban Designer shall be responsible for the collection of � all data considered to be necessary. The Board shall furnish to the Urban Designer at the Board's cost and expense existing material pertaining to property lines, topography, serial photography, and land ownership data applicable to the designated improvement. Existing material shall mean such material as is in possession of the Board on the date of execu- tion of this Agreement. B. The Board shall assign a planning assistant full-time to the Urban Designer. This assistant shall act as liaison and shall provide assistance in data collection and research. _ 5 _ C. The Urban Designer shall be reimbursed for blue-printing and reproduction of other documents found to be necessary at the cost of reproductions and for reasonable travel expenses required pursuant to request of the Board all within the total . contract fee as set forth in Article 5B. D. The Urban Designer shall be reimbursed for presentation expenses, as models, photography, delineation, report layout, and printing, if done outside.this office and specifically authorized by the Board above and beyond those services listed in Article 4. . E. The services of the Urban Designer for the purpose of this Agreement shall be paid to ECKBO, DEAN, AUSTIN & WILLIAMS, INC. , 145 Mission Street, San Francisco, California 94105. F. If, during the progress of the development of plans and studies, the Board finds it desirable or necessary to cause the Urban • Designer to perform additional services other than those defined in Article 4 (and Article 7, if applicable), the payment for such additional work shall be as specified under Article 5A, over and above the total contract fee. G. The Urban. Designer is empowered to obtain professional consul- tant services subject to approval of the Board and shall be ' - 6 - reimbursed theref�re for all travel and other expenses incurred and fees charged by said consultants, all within the total contract fee as set forth in Article 5B. ARTICLE 8: ABANDONMENT OF IMPROVEMENT If the Board finds it necessary to abandon the project prior to completion, the Urban Designer shall be compensated for all work completed under Article 4, according to the schedule of payments desig- nated under Article 5A. • ARTICLE 9: OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either signatory to a third party without the consent of tha n+hsar r�rinnir�al nar4v ^-- -'---- r- -----r-- r--- -✓ - B. All reports, drawings, designs, specifications and other data prepared by the Urban Designer in the performance of this Agreement shall become the property of the Board upon completion of the study. The Board will be provided with two _ • copies, one of which shall be sepia reproducible, of all.final drawings at the expense of the Urban Designer. All extra copies of such drawings and plans shall be provided at the request of the Board and billed at cost to the Board over and above the contract price. The Board shall be provided with �� three hundred copies of the report as per Article 4, Paragraph "G", ,., _ , . � - 7 - ; , ,' r � ' . , '� � ..._ . �Av i .�'. � � � �i . , � �„! X . . . -, � at the Urban Desig:�er's expense. All extra copies of the report shall Le provided as requested by the Board and shall be billed to the Board at cost over and above the contract price. ARTICLE 10: TERMINATION This agreement may be terminated at any time by the Board or the Urban Designer upon giving ten (10) days' written notice. Termination by the Board shall comply with Article 9. In the event of termination due to the fault of others than the Urban Des igher, he shall be compensated for services rendered under this Agreement upon the time of termination in accordance with Article 4, including the 10% retention. If the contract is terminated by Urban Designer, the Board shall fnrthtxiith r�av tn TTrhan T�aGiunar hi� a�tiial P.Xt�P.riSeS Dil1S the fee aS l�T'O- ..' r"✓ - o vided for in Article 5, less the 10% retention. In the event Urban Designer fails to comply with the terms and conditions of this agreement, the Board may at its option give written notice of such breach to Urban Designer. If said terms and conditions are not complied with within _ ten (10) days of such notice, this agreement is automatically terminated, and the Board shall.forthwith pay to Urban Designer his actual expenses plus the fees as provided for in Article 5, less the 10% retention. ARTICLE 11: NO WAIVER. The failure of the Board at any time to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a • waiver of any subsequent breach or default in the terms, conditions and covenants herein containEd. - 8 - . � . �•` • �� ARTICLE 12: NONDISCRIMINATION � Urban Designer agrees that during the life of this contract they will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, and will include a similar provision in all subcontracts entered into for the performance hereof. This contract may be canceled or ter- minated by the Board and all money due or to become due hereunder may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in this contract to comply with the provisions of Section 181. 59, Minnesota Statutes Annotated, and with the provisions of the Saint Paul Code of Ordinances. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written IN PRESENCE OF: CITY OF SAINT PAUL, Acting by and � through its CITY PLANNING BOARD Chairman Secretary . ECKBO, DEAN, AUSTIN & WILLIAMS, INC. � �`�� '� � :� ,.�- .�: - -� ��, President '� ""--��' .' .. � • % , -- ,� , � , . /,.�,,,;.-, i� , . //� /, r / ' ! /'/,i/.�/ '.7� � f / � � �/"�.•��f'i'�����✓�M'",.�`�•��..� • �/ ,i..v:rlr�.�> /1`- Vice President - 9 - .� . � COUNTERSIGNED BY � CITY COMPTROLLER,. CITY OF SAINT PAUL, MINNESOTA � - 10 - � . .�' - ' ,f � ' PRUPOSAL #2 1. I\i�O}ZnIATIO�i SU1�,V].Y - Contact Associate 1 Week �1000 appropriate a�encieG and organiza- Assistant from � tions includin�; Department of Parks St. Paul City and Ii,ecreation, Public Works, pre- Planning staff 2 Weeks No Cost viou� engineering consultants and Travel & neighborhood groups. Collect, review Expenses $ 600 and evaluate data, relate to city and � 1600 regional projections for economics, transportation and general develop- ment. Conduct vi�ual and photograph- ic survey of study area acknowledging si�nificance of peclestrian and auto, resident and visitor relationsliips. 2. PREI�IMI�'ARY STUDIES - Provide Principal 10 Hours $ 400 rough graphic evidence of three Associate 2 Weeks �2000 ' basic feasible alternatives: Assistant 3 Weeks �2400 (1) l��ast of park . $4800 (2) Through park (3) West of park � � � 3. EVALUATION - Provide evidence Associate 1 Week $1000 (�r ��valu3t�nsr ni�hii� hen�fit� in A�Gi^tant :i WeeKS � G4Uu � . . c.omparison to social and economic Assistant from , costs considering: city planning (1) Economics - Construction cost/ staff 2 Weeks No Cost Property values (with �3400 � assistance from city planning staff) (2) Engineering - Roadway design, safety traffic, Etc. (3) Park - R,ecreation function for - Neighborhood and region, ' park,access, parkway, pedestrian and auto. Impact. 4. 1tI;VIi:W - I'resent to planning board As�ociate 1 Week $1000 anc3 major agencies. lletermine most Assistant from suitable alternative for final study and city planning recommendation board 1 Week No Cost Travel and Expenses � � 600 $1600 -2- .� ; '' F . 5. FINAL PROPOSAL - Develop final Principal 10 Hours � 400 � studics acknowledging public input Associate 2 Weeks �2000 and required changes. Provide 30 Assistan� 3 Weeks $2400 copies of Xero�:ed report 20 pages Printing & ' minimum. Photography $1000 �5800 6. FINl1L P1�.ESL:NTATION - Present Associate 1 Week �1000 to Ylannin� I3oard and public. Assistant 1 Week � 800 � A ssistant from City Planning staff 3 Days No Cost Travel & �1000 Expenses $2800 TOTAL $20, 000 � .