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238320 ORIGINAL TO CITY CLERK J_f.��/� �� ' CITY OF ST. PAUL FIOE NCIL N�,. ���s r � OFFICE OF THE CITY CLERK ' OUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE ATF � RESOLVED, That the proper City officers are hereby authorized and directed to enter into that certain agreement between the City of Saint Paul, therein designated as "Owner" , and Freerks, Sperl, Flynn, therein designated as "Associate Architect" , for the performance of certain architectural and engineering services in connection with the construction of a branch library in the vicinity of Pederson and Wilson Avenues in the City of Saint Paul, at a fee of seven per cent (7�fo) of the project construction cost of the project, which cost is estimated to be �310,000.00. FORM APPROVED b1 ...�,,..,,.�. ��-�`�.�s�--` Asst Corporation Counsel `,�� �b �g68 COUNCILMEN Adopted by the Council 19— Yeas Nays APR ���r Carlson ���� Dalglish Approved 19—__ Holland Tn Favor Meredith O �_ �d� Mayor Tedesco A gainst ��Vice President�(P�eterson� P�IBLIS�fE9 IVIQ� 4 �9�� �O � 238��� DUPLICAT6 70 lRINT[R y � CITY OF ST. PAUL FIOE NCIL NQ. OFFICE OF THE CITY CLERK J COUNCIL RESOLUTION—GENERAL FORM PRESENTED EY COMMISSIONER �ATF RESOLVED, That the proper City of�ioers are hereby authprized and directed to enter into that certain agreement between the City of Saint Paul, therein designated ae "Owner" , and Freerks, Sper1� Flynn� therein deaignated as "Asaoo�.ate Arah3teot"y for the performanoe of oertain arehiteotura� an.d engineering services in oonneQtion with the construcstion ,of a branch library i.n the vicini�y o� Pederson and Wilson Avenues in the City of ,Sai�.t Paul� at a �ee of seven per Qent (7�O) of the pro�ect eonstruction cost of the pro�ect,: which cost ia est3mated to be �310,000.00. ' �PR �� 1968 COUNCILMEN Adopted by the Council 19— Yeas Nays '�P� � � 196� Carlson Dalgliah � Approved 19`_ Holland Tn Favor Meredith �_ Cl Mayor A gainst Tedesco t Rr�-�. , a•: ::: :���,2�4I(�ET�,.�171�:.:...�'°. �Mr. Vice Yresidcnt (Yuterson) ~ �� . �� � ����. . �,� �1RC�IITECTURIIL S�RVIC� AGFtr��I�1TT � Tf�IS AGRE��I�NT, made and ent�red into tliis clay o� ' , 1968, by ancl beti�reen Freerl:s , Sperl , Flynn, a iiinnesota corporation, party• of the first part, hereinafter referred to as "Associate Architect" , and the City of Saitit Paul , a muiiicipal corporation of the State of rlinnesota, party of the second part, hereinafter referred to as the "Oi�nier" . j�iEREAS, the Os,zzer intends to construct a branch library; atid � S�1IiEREAS, Associate Architect has been so clesignated under Sectiou 304 of the Charter of the City of Saint Paul and all . services shall be performed in compliance �tirith said section and iiiider the supervision of the City Arcllitect of the City of Saint Paul ; . NOjtir� THEREFORE, The Associate Architect and the Oz��ex•, for the c�onsideiations hereinafter set forth, mutually agree as follows : ' ARTICLE I �ROJECT Oi,mer contemplates construction of a branch library in the vicinity of Pederson and jJilson Aveniies in the City of Saint Paiil, hereinafter referrecl to as tlie Project. ARTICLE II � COAIPENSAT'ION • Ir� ccnsicieration foi services to �e provided hereunder, the Os�rner agrees to pay 4ssociate Arcliitect seven per cent (7 0) o� the project cbilstructioYi cost of the Project for the basic ser- vices renderecl as defined belos�r. � ARTICLE III BASIC SERVICES In consideration of the above coiupensation, Associate Architect a;rees to provicic the followinb basic ser�-ices : �1. Schematic Design Phase -- The Associate Architect shall consult with tlie O�vner to ascertain the requirements of the Project and shall confirm such requirements to the Oivner. � He shall prepare schematic design studies which shall include a clescription of the aiea to be affectecl, a descrip�ion of present , structures if any, the requisite land to be acquired, together witli a general sketch a�d description of the project for approval by the Owner. ' He shall submit tio the Owner a statement of probable construction costs. The cost estimates shall be inclucled as a part of the basic services. B. Design Development Phase -- The Associate Architect shall prepare from the approved schematic design studies, the desijn development documents consisting of plans , . elevations and other draiJinbs , the ozztline , specifications to fix and illustrate the size . ancl character of the entire project in its essentials as to kinds of materials., type � of structure, capacity of such stx�ucture, ty-pes � 2 � � � . � - . . � a o� heating, cooling, meclianical , electrical ancl structural systems required ancl such other worlc as may be requirecl to present a complete preliminary plan of tlie entire project �' �.• Y t" to the Owner. He shall submit to the Oilner a further, more detailed statement of the current pro— • bable project construction cost. C. Preliminary Plaiis -- The completion .. . of all the requirements and services includecl in the schematic design pliase ancl the design development phase, for the purposes of this contract, shall be considered the completion of the preliminary plans j�hen approved by the Os,mer. � � D. Construction Documents Phase -- After approval of the preliminary plans , the Associate Architect shall proceecl with the constructioil documents phase �Yhich, for purposes of this contract, will be considered the final plans phase. The Associate Architect shall prepare from the approved Design Development Documents working drailings and specificatioils setting forth in detail the work required for the architectiiral, � structural , mechanical , electrical , service connected equipment , and site zlork, and the necessary bidclin� information, general con.ditions of the contracts and supplenientary gener�.l con— ditions of the contracts , and shall assist in the drafting of proposal and contract forms. r ' . . � 3 He shall subiuit a detailecl s��atetiient of probable project consi;ruction costs based on changes in scope, requireuients or curreiit marlcet conclitions . He shall SLlUllllt such final plans lI1Cl.11Cllrib the statement of current probable construction . costs to the• Owner. Such final plans will be submitted to the Oj�rner for approval on or before October 1 , 1968. . E. Construction Phase -- The Associate Architect shall assist the Owner in obtaining . proposals from Contractors ancl in a�,rarclinb 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 betsveen the Ot,mer and tlle Contractor, he shall make decisions on all claims of the O���er 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 chec� and approve samples , schedules , shop dras,rings and other submissions only for conformance svith the clesign concept of the Project and for compliance ��ritli the information o� the Proj ect and for compliance �,rith the • . information given by the Contract Docuutents , prepare chanbe ordeis and assemble written guarantees required of the Contractors . 4 F. Associate Arcliitec�; will make� periodic visii;s to tlie site to familiai ize himself gen- erally tvith the progress ancl quality of the work and to determine in general if the sti*ork is proceeding in accordance t,rith 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 Own.er against defects and deficiencies in the ��ork o� Contractors , and he may conclemn work as � failing to conform to the Contract Documents. The Associate Architect will also represent , to the Osvner that , to the best of his knotlledge, information and belief based on �what his obser- vations have revealecl, the quality o� the work ' is in accordance s,rith the' Contract Documents . He will conduct inspections with the City , Architect to determine the dates of substantial and final completion, siibject to acceptance by the Owner. ' ARTICLE IV PAYMENTS TO ARCFIITECT � • • A. After approval of the preliminary plans for the. proj ect by the Owner, O��ner will pay to Associate Arcliitect thirty-five per ceut (35°�0) of the compeiisation foi basic services as provided in Article II as it applies to -the ' � project . . , B. After approval of the final plans for � ' 5 " the pro j ect by tlie Owner, O��rner ivill pay� Associ�.te Architec�; the balance trien dlie SJ�11CY1 shall be seventy—five per cent (75�) of the ' compensation for basic services as provicled in Article II as it applies to the project less the payment macle pursuaiit to Paragrapli A of this Article IV. C. After receipt of bicls and within 30 days after aivard of contract , the Oslner will pay the balance then due, z�hich shall be eighty per cent (80fo) of the compensation for basic services as providecl 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 Own.er 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 "l.�lance due for basic services" shall be one � hundred per cent (100;�0) of the compensation for ' basic services as provided in Article II as it applies to the' project less the payments made pursuant to Paragraph.s A, B ancl C of tliis Article IV for such project. � 6 ARTICL� V PROJ�CT COITSTRUCTION COST Project Construction Cost as herein referrecl to uieans the total cost of all worlc desibned or specified by the Associate Arcliitect , �Jllt does not include any payments made to the Associate Architect � or consultarits. Project Construction Cost shall be based upon one of the follo��ring sources �1ith precedence in ' the orcler listed: Lowest acceptable bona ficle Con- � tractor' s proposal received for any or all portions of the Project. � Semi-detailed or Detailecl Estimate � of �Project Construction Cost as defined � beloiv. The Associate Architect ' s latest Statement of Probable Project Con- struction Cost based on current area, , � volume or other unit costs. • When labor or material is furnished by tlie , Own.er, the Project Construction Cost shall include - SLiC$ labor aild material at current market cost. . Estimates of the Probable Project Con- ' structian Cost ivill be prepared by the Associate Arcliitect clttring tlie Design Development or Con- struction Dociiments Phase. Tlie estii�iator for , probable construction costs shall be approved by � the Os�Tner and the cost of same shall be included � as part of the basic services . 7 � . . , � If the Statement o� Probable Project Con— struetioii Cost , or the Semi—Detailecl or Detailecl Cost Estimate, • or the lo�aest bona ficle proposal is in eYCess of any limit determinecl pursuant to Article VI herein, the Oti�rner 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 Archii;ect has no control over the cost of labor ancl materials , or competi— � tive bidding, he does not guarantee the accuracy � of any Statements of Probable Construction Cost , � , or any Semi—Detailed or Detailecl Cost Estimates . ARTICLE VI � MAXIbIiTA7 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 Proj ect at a cost z�rhicli is ivithin Otln.er' s � ability to finance and which bears a reasonable t , ; relation to the estimated cost of �310, 000. 00. At any time the Associate Architect shall become az,rare of facts or circumstances shoj�ring a substantial increase in costs beyond the original estii►►ate, he shall immediately give notice to the Ojaner, in �,rriting. . ARTICLE VII � ACCOUNTING RECORDS Recorcls of the �ssociate .Architect ' s 8 „ . , :� Direct Pei sonnel, Consultant, and Reiiubiirsable EYpensc pertainiiig to this Proj �c� ancl rCcorcls of accounts bei;saeen the O�,rner ancl Contractor shall be ltept on a generally recognized accounting basis ancl shall be available to the Owizer or his atithorized representative at mutually con— venient times. ARTICLE VIII DESIGNATION OF ARC�IITECT The Associate Architect , at all times , shall employ and maintain a competent ancl duly registered architect in charge 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 Section 304 of the Home Rule Charter o,f the City of Saint Paul and shall be subject to ' the provisions of said Charter. ARTICLE IX ' DOCUMENTS � Associate Architect shall file with the City Architect all drawings and specifications required uncler terms of this contract . After completion of construction of the Project , the Associate Architect shall cieliver to the O��rner tlie original or a reproducable � copy of the original of the drawings, and ten � (10) copies of complete specifications (including all addenda) . 9 O��rner abrees tliat sucli dra��inbs ancl specificatioils shall not be used on projects other tliaii tlie Proj ect eYCept by agreement in ti�rr i t i ng. AR,TICLE X FAIR EMPLOYNIENT PRACTICE ' The Associate Architect shall be deemed a contractor for the application of all provi- sions hereof and laws against unlati,rful c�iscrimina- tion on account of race, creed or color hereunder. The Associate Architect agrees , in accordance with Chapter 238, La.ws of the State of 1�Zinnesota for 1941, that in the hiring of conuuon or skilled labor for the performance of • any worl�� 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 . employment relates ; that no contractor, material � supplier, or vendor uncler this contract shall in { any manner discriminate against , or intimiclate, o� prevent the employmen.t of aiiy person, or on being hired, prevent, or conspire to prevent, any person froui the performance of ��rork under t:his contract on accotint of race, creed or color; and ttiat this contract may be cancelled or � 10 � terminatecl by the O��rner, and all moneys dl�e or to beco�ue dlie hereuuder shall be forfeitecl for a second oi any subs�quent violation of i;he � terms or conditions of this contract. This contract is subject to Title VI of the Civil Rights Act o� 1g61� (P. L. 88-352, approved July 2, 1964) ancl the rules ancl regulations (24 CFR, Subtitle A, Part 1) , issued by the Housing and Home Finance Agency � pursuant thereto. ARTICLE XI O��II�TER' S RESPONSIBILITIES The Own.er shall provide full information as to his requirements for the Project. The Os,rn.er shall clesignate, when necessary, � represe�itatives authorized to act in his behalf. The Oj,mer shall examine documents submitted by the Associate Architect and render decision:s pertaining thereto promptly, to avoid unreason— able 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 Associate Architect. The Own.er shall furnish or direct the Associate Architect to obtain at the Os�rner' s expeiise a certified survey of the site, giving, as required, grades and lines of streets , alleys , pavements , ancl adjoining property; rights �of way, . restrictions, easements , encroachments , zoning, � deed restrictions , boundaries and contours of the 11 � . . F bL111.C�IIlo site; locations , ctimensions , il..I1Cl neeessary clata per�t;aininb �o etistin� Uuilclinbs , o�her improvements and trees ; fitll in:foimation � as to available service aiicl utility lines botli public and private; ancl test borings and pits necessary for determiiiinb subsoil conditions. The 0�1ner sliall pay for structural , chemical, mechanical , soil mechanics or other . tests of liltie nature if required. The Os,mer shall supervise required surveys ancl soil tests; he shall prepare advertisements for bicls , manage bid openings and revies�r bids and contracts ; lie shall distx•ibute all the � requisite copies of plans and specifications ; he shall assume a general supervisory role of the project construction; he shall checl� and certify contractors ' monthly estimates , main- ! tain job accounting recorcls , mal�e a final inspection of the completed proj ect s�rith Associate Architect , ancl issue Certificates for Payment.• ARTICLE XII REINIBUR.S�BLE E�PENSE • � In addition to the Asso'ciate Architect ' s - basic fee, 4��rner agrees to pay the following incidental expenses incurrecl Uy Associate . Architect necessarily in the interest of the Proj ect provided, ho��Tever, tliat tl�iese expenses , shall be reimbursable only if first authorized . in aclvance by the Ot,nier: � ' . '. ' 1 2 A. Expeiise of transpoi tation and livinb of principals aizd employees �ahen travelin� out of st�te in coi�nec- tion with the Project ; long distance ealls and telegrams ; aciclitional reproduction of clrawinbs and specifica- tions ( excliiding copies for Associate • Architect ' s use as required in paragraph E, �lrticle III , duplicate sets for . , Own.er' s revies�r, and duplicate sets requirecl to be filed zJith any governmental unit) . B. Fees of special consultants for other than the normal structural, mechanical, air conclitioning 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 presenta- tion foi approval by the Owner. ARTICLE XIII . ADDITIO�TAL SERVICES When authorized by Ot�rner, Associate Arcliitect �,rill perform services in adclition to his basic se��ices for which O�vner agrees to pay t1�o and one-half (2 %2) times the Direct Personnel Expense. In computing said e�pense, principals ' time shall be coi�iputed at Fifteen Dollars (�15. 00) per , 13 . . . � • ; _ . hottr and employees ' time sliall be compiited at their regtilar rate of pay plus normal benefits . Direct Persoiiuel Elpense includes that of principals and employees engaged oi1 the Project • including architects , engineers , designers , job captains , draftsmen, specification svriters , � typists ancl Project Representatives , in �consulta- � tion, research, designing, producing drai�rin�, specifications ancl other documen.ts pertaining to . the Project, and services during construction at the Project site. Services considered in adclition to Associate Archi.tect ' s basic services are the following: A. riaking exceptional planning , surveys and special analyses of the • Owner' s needs to clarify require- ments of the Project. B. Revising previously approved � drawings or specificatioiis to accom- plish changes. C. Preparing documents for Alternate Bicls and Change Orclers , or for supplemental work initiated after commencement of the construction phase. - D. Consultation coilcerning repl�.ce- ment of any �vork damaged by fire or other cause during construction ancl furnishing professional services of the types set �ortli in Article III , 14 , . above �.s may be rec�uired in connection zaith the replace�uent of SL1C�1 1�or1ti. E. Arraii�ing for tlie worl: to � proceed slzoulcl i;he contractor de�ault due to delinquency or insolvency. _ F. Providing prolongecl contract administration ancl observation of • � construction should the construction contract time be exceeded by more than • . 25/o due to no fault of the Architect. G. Preparing as-built dra��rings shoiving construction changes in the . ivork and final locations of inechanical service lines and outlets on the basis of data furnished by the Contractor. H•. Makin� an inspection of the Project prior to expiration of the guarantee periad and reporting observed discrepancies under guarantees provided by the constructioii contracts. ARTICLE YIV TERrIINATION OR SUSPEVSION ' The Owner may at any time terminate or suspencl., upon seven (7) days ' notice, all or any siibstantial part of the Associate Architect ' s services to be furiiished hereunder. The Associate �-lrchitect shall . be notified in sariting by the O��rner of tlie termina- tion or suspension of the Associate Architect ' s . services and thereupon sucli services shall be halted immecliately. In silcli event the Associ�,te 15 , . � � _ . Archi�(;�ect sliall be entitlecl to "just ancl equitable compensa�Lioii" for all services renclered but limitecl to tliose serviees specifically autliorized in accorclance witli t}ie terms of this a;reement prior to the date of termination or suspension. . In determininb "just and equitable 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. ART I C LE X�T AS S I GNrIENT Neither the Owner nor the Associate Architect shall assign, sublet or transfer his interest in this �agreement without the SJritten consent of the other. ARTICLE XVI _ Said Associate Architect , as Principal, shall carry an Architects a.ncl�or Engineers ' Professional Liability Insurance Policy in the amount of at least �250, 000. 00, and sllall provide a copy of such Professional Liability Insurance Policy to the City, � which Policy sliall be subject to approval as to form by the City. The Policy shall previde that the Cit�- shall recelye th�irty da3Ts iJritten notice of cancella�;ion tliereof or iiotice of any material changes in said policy. IN StiTITNESS j�fiEREOF, Tlie parties hereto have exectited this agreement the day and year �first above written. In Presence Of: � FREERK, SPERL, FLYNN By � . 16 - x.. . � • �1 � Forui Appz ovecl: CITY OP SAINT P�IUL �``� c..,. n�a`@�'� �V���•,,o��:;,��,._ BY Assistant CorporationJC�ounsel Mayor Commissio�er of Yarks and Recreation anci Approved as to form and execution Public Builclings this day of , 1968 Assistant Corporation Counsel City Clerlc � Countersigned: City Comptroller � • 17 _ • r _