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244243 � . � ORIGINAL TO CITY CL6RK 244;�43 - CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK COU IL RESOLUTION-GENERAL FORM PRESENTED BY � � � COMMISSIONE — ` DAT , RESOLVED, By the G ncil of the Gity of Saint Paul, that the proper City officers are hereby authorized and directed to execute, on behalf of said City, an agreemen.t between said City and the St. Croix Engineering Corporation, a Min.nesota corporation, for engineering and architectural services as more fully provided therefor in said agreemen.t, , a copy of said proposed agreement being hereto annexed, ma:�ked "Exhibit 1" and incorpo��,ted , herein by reference as fully and completely as if set forth herein verbatim. f0� PPROVE � / -� � Ass� Corporation Cou sei JUN 1 0 196� COUNCILMEN Adopted by the Council 19— Yeas Nays Car�son JUN 101969 �h Approved 19—_ Meredith ,��n Favor O Pe#e�san Sprafka � ��n9 Mayor Tedesco A Sainst �a '.=�� =_,A1C�7'�t �3''Y'T��.. �DZr. Vice Yres:dLr.: (x'etcrson)� pUBLISHE! du'� �.� �969 O .,� " �yu � �; , ,_ . _ �. �. � �;��-�'`� �'�� . AGREEMENT THIS AGREEMENT, made and entered into on this day of , 1g69, by and between THE CITY OF SAINT PAUL, MINNESOTA, hereinafter sometimes called the � "City" , Party of the First Part, and ST. CROIX ENGINEERING CORPORATION, a Minnesota corporation, Party of the Second Part . WITNESSETH: The parties hereto agree as follows : Party of the Second Part agrees to furnish professional engineering and architectural services , in connection with the expansion program of the Department of Public Utilities of the Party of the First Part , as may be requested in writing from time to time by said department . Said engineering and architectural services will in general include field surveys , consulting advice, the preparation of preliminary plans and estimates of costs , and the preparation of working plans and specifications for ornamental street lighting systems as may be requested in writing from time to time by the Commissioner of Public Utilities of said City. Party of the Second Part agrees to provide such engineering and architectural superintendence in connection with said Public Utilities Department development and construc— tion work as may be requested from time to time by the Party of the First Part. Party of the Second Part agrees to furnish all personnel , surveying equipment and such materials as stakes and automobiles as may be required to carry out the engineering and architectural services aforesaid. ..�._.._ . �._..�,,. , , : � � , � s ; Al1 original drawings , maps , surveys, plans , specifications, statements of data, analyses , estimates and reports are to be the property of said Party of the First Part. The Party of the First Part agrees to pay to the Party of the Second Part for the services to be rendered as follows : l. The salaries and�or wages figured on an hourly basis of all men employed by said Party of the Second Part upon said Department development and construction work for the hours actually spent thereon. 2. In addition to said salaries and�or wages , an amount equal to 80� of the salaries and�or wages figured on an hourly basis of all men employed by said Party of the Second Part in the offices thereon, on said development and construction work for the hours actually spent thereon; and an amount equal to 40�0 of the salaries and�or wages figured on an hourly basis of all men employed by said Party of the Second Part in the field, upon said work for the hours actually spent thereon. These amounts shall be compensation to the Party of the Second Part for the salary of the president of the company in. the general supervision of the work, stenographic expenses , printing, office expense and general overhead. 3. The expense of any field or laboratory tests which may be done by a commercial laboratory and for the benefit of the Party of the First Part but are under the supervision of the Party of the Second Part. 4. Plus an amount equal to 25�'0 of the sum of items 1 to 3 inclusive which shall be the profit to the Party of the Second Part for the professional services performed. —2— .. .._._ . . . r^. . � •, ;a , � _ , ..:. -- «. �.. i 5. The actual cost to the Party of the Second Part for supplies used in the field such as stakes or other materials consumed. 6. Automobile mileage at the rate of ten (10) cents per mile for automobiles used for transportation during the process of the work, such use of automobiles to be subject to the approval of the Party of the First Part . 7. It shall be considered that an employee of the Party of the Second Part is working in the office if he has desk space therein reserved for his personal use even though he may be working for short periods from time to time in the field. It shall be considered that an employee is working in the field if he has no desk space in the office reserved for his personal use even though he may be working in the office for short periods from time to time. 8. The salaries referred to in 1 and 2 are to be fair and reasonable and in accordance with the schedule marked "Exhibit A" and made a part hereof. Said schedule Exhibit A or any part or parts thereof may be modified by mutual agreement of the parties hereto during the term of this agreement. 9. Al1 accounts and invoices and other records shall be open to the inspection of the Party of the First Part. Payments covering compensation and expenses hereunder shall be computed and paid monthly. It is further agreed that the Party of the Second Part 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 -3- __�,,,,,�:..� � , ., ,, � __ . .._ � part of the Party of the Second Part, 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 Party of the Second Part under the terms of this agreement. It is also agreed that the Party of the Second Part shall carry adequate insurance upon all motor vehicles used by it in the performance of work assigned by the Party of the First Part under the terms of this agreement , and shall pro— duce and exhibit such con.tracts upon demand by the Superintendent of Lighting of the Public Utilities Department of the City of Saint Paul. It is also provided that the Party of the Second Part 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 Party of the Second Part engaged in any work to be performed by said Party of the Second Part under the terms of this agreement , and the Party of the Second Part 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 . It is further agreed that the Party of the Second Part agrees to furnish a surety bond in form satisfactory to the Corporation Counsel with a corporate surety authorized to do business in the State of Minnesota in the penal amount of Five Thousand Dollars (�5 , 000. 00) , conditioned upon the full and faithful performance of the Party of the Second Part 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 —4— ,M,. . � r. Paul from all claims and demands of every nature whatsoever arising out of the negligent performance of services by the Party of the Second Part, its agents , servants or employees under or by virtue of the terms of this agreement. It is finally agreed that this agreement shall not be assignable and shall continue in full force until terminated in writing by Party of the First Part on thirty (30) days ' notice. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. In Presence Of: CITY OF SAINT PAUL, MINNESOTA BY Mayor Commissioner of Public Utilities City Clerk Approved as to form: Countersigned: Assistant Corporation Counsel City Comptroller Approved as to form and execution this day of , 1969. Assistant Corporation Counsel In Presence Of: ST. CROIX ENGINEERING COftPORATIOv By zts Its -5- . i : :� • --. _ � ,--� __ _.�...��_ .._.�._�.. .... .�� r 4' • � , ... i Phone: 612 - 646-4539 St. Croix Engineering, Inc. 1550 West Larpenteur Avenue, Suite A ST. PAUL, MINNESOTA 55113 E X H I B I T A Schedule of salaries and/or wages to personnel employed on work for the Public Utilities Commissioner on ornamental lighting projects, City of St. Paul. OFFICE Key Engineering Personnel $4.75 to $9. 00 per hour Design Engineer $4.50 to $8.25 per hour Draftsman $2.75 to $5.00 per hour Tracer $2.00 to $3.00 per hour FIELD Inspector $4.50 to $7. 00 per hour Note: St. Croix Engineering is to be paid one and one-half times the above rates for all personnel who work over forty (40) hours per week where time and one-half is required by the Wage and Hour Regulations of the Federal Government. , . � _