234691 :
ORIGINAL TO CITY CLHRK � ���6��, ^
CITY OF ST. PAUL couNCi� �'�' �
OFFICE OF THE CITY CLERK FILE NO.
� CO NCIL RESOLUTIO —GENERAL FORM
PRESENTED BY •
COMMISSIONE DATF
WHEREAS, The Legislature of the State of Minnesota has enacted
' a law authorizing the City of Saint Paul to issue bonds to provide funds
to construct, reconstruct, remodel and ec{uip a Civic Center, consisting
of an exhibition hall, axena, concourses, parking facilities, auditorium
and theatre under Chapter 459, Laws of Minnesota for 1967; and
. �
l4HEREAS, The Civic Center Commission has approved this agreement
, by resolution dated the 3rd day of August, 1967; and
' k WHEREAS, The attached agreement supersedes any prior existing
agreement, specifically the agreement dated April 21, 1966, authorized
by Resolution, Council File No. 228137, approved April 19, 1966; now,
therefore, be it
.
RESOLVED, That the proper City officers are hereby authorized
and directed to enter into and execute, on behalf of the City of Saint
Paul, the Architectural Service Agreement between Convention Center
Architects and Engineers, Inc. and the City of Sai.nt Paul for the purpose
of developing and detailing plans for a Civic Center, as more fully set
out in the agreement, a copy of which is attached hereto and incorporated
herein by reference.
FORM APPROVED
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Asst. Corporation C nsel
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� �ll��, 17 196�
COUNCILMEN Adopted by the Council 19—
Yeas Nays ' �� � 7 ����
Carlson •
Dalglish . Approved 19—
Holland �j
Favor �[ ,r
Meredith v�
��.. -1 . Mayor
Tedesco �J Aga�st ��ting
�IJ7�t:��lilf�li���%��'�~ '.7�'
b1r. V ice Presi�ent �Peterson) � ���° �p 1a76i1
P1)BUISN �
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A}�CHI7'�C`l'URAL SLRV?:CE AGRE3sT�i�;�1`!'
TH:CS� ACTRLEi�il?AIT, m�dc and entered into this day of
, 1967, by and betc�ieen COI1VEniTI0I�1 CEP:'1'ER
�1RG'�IIiI,CTS AAID ENGTNEERS, IP1C . , a P�Iirzn�sota corporation, par•ty
. of the f�:rst pai't, h�reinlfter re�'erred to as "Associai,e
Architec�" , and the CITY OF SAINT PAUL, a munic_tpal corpora�ion
of the S�ate of. I•Zinnesof;a, par�y o�' the second part, hereinaf.ter
, referred to as tlle "0�•mer" . '
WHERLAS, The Le�islature of the State oi' Minneso�a has
enacted a ?a�,r autnorizing the City o�" Saint Paul to issue bonds -
to provide funds t� coristruct, recon�tru.ct, renodel and eauip
' a Civic Center• consi�tin� of exhibition hall, arena, c�ncourses,
parkin; facilities , auditorium and theatre urder Chapter �-59,
La��is o� T�Zinnesota for 1907; �and �
. Tr�-iEREAS, The Legislature of the State of riinne�ota, uncier
� -Chap�er �59, La:�rs of P�Zinnesota for 1907, ha� :authorized �he
t
... . . _ . establi.shment oi a Civic Center Co�nrnission, hereinai'ter referred
to as "Cor.imitision", requiring such Commission to apnr�ve
contracts for construction of said civic •center; ailcl .
��rHERr�AS, Tne Commission has designated Convention Cen�er
�Architec�� and En�ineers, Ine . as Associate Architec�, and
� approved �hi� agreement by resoluzion dat�d the _ day of
� , 1g67; and
� 5�;�-IEREAS, Tne City of Sain� aaul, actin� thr�ugh its
� Commi�szon°� oi LiY�x�ar�es , Auditoriwn and Civic Buildinns , and
� •. • - } �. , • . , r .
o�he� p7�oncr ofiicers hat-e 3pproved such contrac� by re�olution
of the City COL1I7C7_l� Council F'ile .PZo . �, da�eci this^ _
day of , 1y57; and �
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L�1�I�RL�1S, Assoca.ate Architect hZS b�eri so desi�nated
under Sec�ion 301E of the Ch�rter oi' the City of Saint PauJ.
and al1 serv:ices shall be perfor.r�zed in compl.iance cvith said
� section and under the supervisi.on of the City Architect of
thc City of Sain�; Paul; and �
irJ�-LERE�IS, The City- of Saint Paul has approved Chapter
1�59, La�•rs of P�Iinnesota for 1�67, by Council� Resolution No .
23376�, dated June 2, 1g67, and a.t is the inten�ion oi the
� Oc•�ner to constt�uc�, recons�ruct, remodel and equip a Civic
Center consistin� of exhibition hall, arena, concourses,
parlcing facilities, auditorium and theatre, hereaiter rererred �
to as a "Civic Cen�er"; and
WHERE�IS, I� is deemed necessary and appropriate tha�
prelimin�.ry plans for the theatre be cornpleted concurren�
trri.th the preliminary plans for the other sub-projects as set
forth in Article I hereof in order that all nar•ts of the
_ Civic Cen�er pro�ect are properly integrated;
�
NO?��1, THEF,k.FORE, The Associate Architect and the Ourner,
for the considerat�_ons he reinafter set forth, mutually agree
. as folloc�rs : �
' ARTICLE I
� PROJECT
O��rner con�emplates construction of a civic cen�er project
which sha11. include a multi-purpose arena, the con�ersion of the
existi.n� �rena to a neiv exhibitio;l building, a civic center
concourse, and a par�cing �truc�ure . For purpo�es of this
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contr�.ct, � reierence' hereinaf�er to "ci��ic center project" shall
include �;he i"oll��vin� contempl2ted areas o� conS�?''UC'�:LOI1 :
A. Sub-project (1) - ExhiUition Hall (the preyent
ofiicial -�itle bein� "Convertino exis�in�
� arena to � nerr e�thibition buildinJ" ) ;
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B. Sub-pro ject (2 ) - Al�e�na (tY�e px�esent of�'icial
�;itle being "A ne:a arena i'or civic cen�,er
r�ith parking under and i.ncluding tunnel
connec�;ion to the �aole Street r•arnp" ) ;
C . SuU-project; (3) - F'arkin� Are� (the present
offi.cial i.itle being "a parking structur�e
� called Eagle St;reet Ramp in Civic Cen�Ler") ; -
,-�:
D. Sub-project (4) - Concourse (the present
official title being "Civic Center Concourse "
. to be construct?d over Four. th Street") ;
E. �Sub�-pro j ec�; (5) - Theatre (the presen�; -
official title being "Civic Center Theatre
with meetin� rooms , ��rith parking under�
, to replace 1906 obso]_ete building") . '
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Any reference made to a specific sub-project hereinafter shall
have effec�; only as to that particular sub-pro ject. .
� ARTICLE II �
" C Oi�iPENjA2I0N
In consideration �for services to be provided hereunder, . ,
the Owner agrees to pay Associate Architect; six per ceni; (6�)
of the project construction cost of the Civic CentPr project .
for the basic services rendered as defined belo��.
. ARTICLE III �
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� BASTC SERVICES
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: ' In consideration of the above compensation, Associate
'� Architect agrees to provids the following basic services :
. A. Schematic Design Phase -- The Associate �
� Architect shall consult. with the O�aner to ascer-
tain ,the requirements oi each sub-projECt and
r shall confi'rcn such requirement;s to the O�,�ner.
The Associat� Archi�;ect, upon requ�st of
� the Civic Center Comriission� shall attend,
throu�li represent;ai;ion by any one of its
� directors , meetings of said Cominission and
shall appear through any one of such direci;ors ,
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before the Ci�y Council when requested to
explain de�:ails and designs of each sub- -
project.
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 .
. acquireds together V�ith a general sketch
and description of the sub-project for
approval by the O��ner.
He sha11 submit to the ��vner a statement
of probable construction costs . The cost of
competent consultants employed by the Associate
Architect and approved by the �wner for -
� detailed cost estimates shall be included
- as a part of the basic services. . �
B. Design Development Phase -- The
Associate Architect shall prepare from the
� approved schematic design studies , the design
development documents consisting of plans ,
elevations and other drawings , the .outline
� specifications to fix and illustrate the size
and character of the entire sub-project in
� its essentials as to kinds of materials � type
of structure, capacity of such structure,
types of heating , cooling , mechanical, electrical,
� and structural systems required and such other
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work� as may tie �required to present a complete '
preliminary plan of the ent.ire sub-project to �
the 0�•�ner.
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' �Ie sha7.1 subml.t to �he Ovmcr a furthcr,
more detailed si;atement oi' the current
probable project construction co::t . The
. cost of comp��ent consultants employed by
� the Associa�e Architec� and approved by the "
Oc•aner for de�ailed cos� estimates� shall be
�.ncluded a� a par� of the basic �ervices .
C. Preliminary Plans -- The comple�ion of
a11 �he requirertients and services includecl in
the schematic desi�;n phase and the design _
developmen� phase, for the purpo�es of this
con�ract, �hall be considered the completion of
the przlimin.ary_ plan� when approved by the Otvner.
' The completion of the preliminary plans
sha11 be subject to the conditions s�ated in
Ar�icle XVS hereunder and shal]. be cornpleted
in the fo7.lowin� order of priority : �
� 1. Sub-project {1) Exhibition
• Hall preliminary plans have been
received sub�ect to the terms and
conditions of Article XIV hereunder.
2. Sub-pro�ect (2) Arena .
� prelimina-ry plans shall be comple�ed and
' submit�ed to O�rner ���i�hin 210 calendar
days after July 2.1, Zg67, and after date
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of finalized pro�ram from tne Ovrner,
� but in no even� shall the preliminary
� -plans'�be �'"submi�ted later than �February
10, 1�68, and shall be �ubject to and
in accordance �•rith the �erms and con-
dit3_ons Uf Ar�iCle X7V hereunder.
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3. Sub-pi°o;ject (3) P�z�kino Area
prel.:im:i_nai�y plans sh<<11 be completed
and submiLted �;o Oi�rner t�rithin 210
calendar day� after clai;e of au�hori-
� zation to proceed and receipt of . .
• finalized pro�ram in accordanoe �•�i�h
and subject to the terms and conditions
of Ar�icle XVT hereunde�.
1�. Sub-project (LE) Concour�e p-re-
liriinary nlans shall be comp?eted and
subm:Ltted to Oi-�ner ti��Zthin 210 calendar
days after date of aui.horization to
proceed and receipt of finalized prograr�l
in accordance tiv:ith and subjec� �o the
terms ancl conditions o� Article XVI
- he-reunde-r. .
5. Sub-pro jec� (5) Theai,re nre-
liminary plan� sha�l be completed and .
submit�ed to O�,�ner t•rithin 210 calendar -
days after date of authorization �o
� � proceed and receip� of finalizec� prograrn
in accordance vri�h and subject �o the
- terms and conditions oz' Article XVI
� hereunder. �
D. Cons�ruction Docuinen�s PhGse -- �lhen authorized
. by O��r�z�r the Associate Arcn:i.tect shall pr•oce�d i•�ith the
• � 'cons�ruction docvments uhase ��rtzich, for pu-rpose� of
this con�ract, t�rill be considered tne iinal plans phase,
and h� shall only proceed in accordance :•ri�h and subject
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�o the terms and condit:Lons oz"' Article XVI hereunder.
- The A�soc-late Architect shall preparc i'rom tt�e
approved Des1.�;n Dcvelopment Documents �vorlcin�;
drat•�3.n�s a�id specl.:Cic�tians settin;; forth in dctail
the �rork rcquired for the architectural, s�ructural,
mechanical, elecLrical, service connected equi.pment,
and site ��iorlc, and the nece�sary b3_dding information,
general condition� of �he contracts and supplernentary
genEral conditions of �he contrac�s, and shall ' �
assi�t in the draftin� of proposal and coni,ract ,
forms ,
He shall submit a detailed statement of probaUle �
project conytruction costs based on chan�es in �
� scope, requirements or current marlce� conditions .
- The cost oi cornpeten� consultant� employed by the
AsLociate Architect and approved by the Orrner �or
de��.iled co�t estima�es shall be included as a
part of the basic services .
He sha11 submit such final pZany including the
' statemen� of c.urrent probable con�truction costs �o
. the Civic Center Commission, the City Archi�ecic,
�he Ci�y Council and any Feder.al governmental uni.ts
as requested by the Oj�ner. The final plans shall
be submitted for appro�al 210 calendar days af�°r
date of au�horiza�ion to proceed in accordance �
� vrith and subjec� to the terms and conditions of
Ar�icle XVI hereunder .
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. ' E. Constr�ucti.on Phaye -- Th° �Aa�ociate
Architec� shall assist the Oti•;ner in obta.inin�
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proposal.s from Contractors and in aV�ardinb �iid
preparin� cons�ructi.on contracts .
Th� Associate Archit-ect sh�ll furnish to �
. the Orrner for�y (�EO) complete sets of the
drai�rin�s and specifica�ions to be used for
b:�cl purposes . ' -
To the extent pr�vided by the contract
be��•aeen the Oi�mer and the Con�rac�or, he shall �
make deci�ions on all claims of the Ov�ner and
Contractor and on all other matters relating f;o
�he execution and pro�ress of' the taork or the
interpr•�tation of �he Contract Documents . He
shall chec�c and approve sam�les , schedules, shop �
� drativinUs and other submi�sions only for con-
formance �•�ith the desion concept of the Projec�
and for comnllancz with the iriformation oz" the
Projec� and for compliance with the in�'ormation
given by the Contract Documenz� , prepare change
orders and assemble written guarantezs required
of the Contractors . , �
� F. As�ociate Architect urill make periodic visit�
to the site �o familiarize himself generally �vi�h
the projress and quality of th� �vork and to determine
in general if the worlc is proceedino in accordance
with the Contr�ct Document� . He rrrill provide a .
qualisi�d full �ime on-yii,e archiLect '� rep-resenta�ive
. to e�iee�c the , quality or quan�ity of th� c�ror�c �o de-
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termine tha.� Lhe i�ro��k is in accordance c•aith �he
Coiz�raci; D�cumeiz�� . Durinj such visits on the basi�
� of his obsex°vations ��rnile at the site, he will
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• � lceep the O:��ner informcd of thc pro�;ress of i,he
Frorlc, i•�i11 enc7eavor f;o �uard the O�vner a�a.�.nst
dei'ects and deficicncics in the j��orlc of Con-
tractors , and he may condernn i•rork a� failin�; to
conform to the Cont;rac� Documents . Based on such
• • observations and the Contractors ' Applica'�ions
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for Payment, he ��ill determin� the amount ovring .
� to the Con�ractor and h� will i.ssue Ger�ificates �
for Payment in wuch amount� . These Certifica�es
. will consti�u�e a repre�en�a�ion to th� O��rner,
based on �uch obwervations arid �he data comprising
the Application for Payment, tha� the worlc haN
progressed to �he point indicated . By issuin� a
Cer�iiica�ce ior Pa;�rnien�, the Associate Architec�
w:Lll a1Qo repr�sen� to the Ot�rner tha.t, �o the
best of his knoti�rled�e, informa'cion and bel�.ei .
oasecl on t�hat his observa�ions have revealed, the
qua.li�y of the work is in accordance i�rith i,he
Contracz Documents . He tivill conduct inspections
• to de�ermine the da�es of �ubstan�ial and fi.nal
. comple�ion ancl issue a final Certificate oi Paymeil� .
° G. Completi.on dates referred to h�rein for the
various pha�es oi the Civic Center projec� may be
extended at the dis ci°e�a.on of the O��rner.
ARTICLE IV
PAYIrlENTS TO APCHITFCI
� . � A . Afier approval of the prel.iminary plans for
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each sub-pro ject b;� the O��rner Gnd � the Department of
HOLIS:L17�; and Urban Develop::�°n� oi the United States
of �lmzrica, atzd upon receipt oz' preliminary p].annin,
preplration funds irom said Departmen�; of Housin�
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and UrUaii Developrnent, O;��ner ti•�ill pay to Associate
Archii;ec�;, 30 days from dai;e of receip�: of such
funds , thj.rty-five per c�ni� (35i ) of ttie compensa-
tion for b�sic services as provided in Article II
as i�; applies to, each sub-project� but, except as
. otherwise provided in t;he subsequent paragraphs of
this Article IV , such payment sYiall not exceed
the a�mouni; received by Owner from said Departmen�;.
B. After approval. of the final plans for each '
sub-project by the �wner and the Department of .
. �
Housi.ng and Urban Development, and upon receipt of
final planning preparation f unds from said Depart-
ment� O���ner will pay Associa�;e Architect � 30 days
from date of receipt of such f unds , the balance
then due ��rhich shall be seventy-five per cent
(7�i) of the compensation f or basic services as
provided in Article IZ as it applies to each sub-
project less the payment made pursuant to Paragraph
. A of this Article IV for such sub-project. Except
as otherwise provided in the subsequent para-
graphs of this Article IV� such payment shall not
exceed the �mount received by Owner from said
Department. �
C. Afi;er receipt� of bids and within 30 days
af�;er award of contr�act, the �4�ner will pay the
� balance then due , ��hich snall be eighty per cent
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(8� ) of the compensai;ion for� basic services as pro- �
vided in Article II as it applies to each sub-project
less the payments 'made pursuan�: to subparagraphs A
and F3 of �;his Article IV for such sub-pz�oject.
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D. During �:he const;ruction of the Civic
Centcr Project, the �wner wa.l.l pay the balance
due ,for basic services in the form of moni;hly
payments Grhich shall be amoui�ts 4JY11C�1 are in
the same proportion as the total of the
' mon�hly 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 compensa- �
tion f oz� basic services as provided in Article
II as it applies to each sub-project less the
payments made pursuant to raragraphs A� B and C
� of this Article IV for such sub-project.
E. Noturiths�;anding any language to the .
' contrary in this Article or Article XVI , to
the extent that Uepartment of Housing and Urban
Development funds are not available or are not .
; . utilized by OV�ner as contemplated by Paragraphs
� . A and B of this Article, or if for. any reason,
; other than a failure of Associate Architect
I to comply with the terms of this Agree�nent, the
; Agreement or agreements between the City of
, Saint Paul and the Department of Housing and
Urban Development contemplated by said � .
.Paragraphs A and B are terminated �rithout payment
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�being made by 'said Department, to the City as
called for thereur,der, then payments on account .
of Associate Architects compensation for basic
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services wii;h r�espect �;o the pr. climinary
plans ar.c3 final plans shall be rnade iminediat;ely
for the proportion of services rendered �;o date
� thez�eof, if any, and thereafi;er tn�n�hly i.n
proportion to sexvices performed to increase '
compensation for su.ch basic services to the _
. follo��ring perc�ntages at the completion of
each such pha.se of the work: �'
Preliminary Plans Phase ' 35% .
� Final t lans Phase 75i
ARTICLE V
PROJECr CONSTRUCTI0IT COST
Project Construction Cost as herein referred to
means the total cos�; cf all work designed or
specified by the Associate Architect, but does not .
' include any pay�ments mad� to the Associate Architect
� . .
� or consultants. �
Project Construction Cost shall be based upon •
• one of the following sources with precedence in ;
the order listed:
• Lowest acceptable bona fide Con-
tractor' s proposal z�eceived for any or �
all portions of th� Project.
Semi-�e�;ailed or Detailed Estimate
of Project Construction Cost zs defined
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The Associate �rchitect' s latest
' Stateineilt of Probable Project Constz�uc-
tion Cost based on cui�rent area, volurne
, or other unit costs. '
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��Ihcn �abo�� or m�tterial 1`a furnished by
the Or�n�r, the Pro�ect Con�tx�uction Cost
sh�tl)_ includc such labor �ncl materia]. �t
cui°ren� market cost . '
E�timates of the ProbabJ.e Project Con-
s�ruction Cost prepa-red in Semi-Detailed or
Dctailed form by an experienced estimator t�rill
be secured by the Associate Architect during
�he Desi�n Development or Construction Document�
Phase . Such estimator shall be a�proved by the
O:vner and the cost of same shall be included as
part of the basic serv:ices .
If the Statement o� Probable Projec� Con-
struc�ion Cost, or the Semi-Detailecl or
Detailed Cost Es�'inate, or the lo��rest bona fide
propo�al is in excess of any �imit deter•mined .
pursuan� to Article VI herein, the Owner �hal1.
give rr�ritten approval of an incre�.se in the
limit, or he shali coopera�e in revising the
� project scope or quality, or bo�h, to reduce
. �he cost as rcquired . .
Since the Associate Architect has no
cor}trol over the cos� of labor and materials,
or compe�itive biddin�, he does no� guaran�ee
the accuracy o�' any Sta�em�nts of ProbaUle
Construction Cost, or any Semi-Detailed or
� Detailed Co�t Es�irnates . .
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� � ' .ARTTCLE VI
� r��xzr�Nl��2 Pt�OJ�CT COST -
The prclim:i.nary ancl final plan� to be prepai�ed by
Associate Architect shall be such as can b� developed
to pex�nii.� the construc�ion of the Civic Center Project
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ai; a cost ��hich is urithin O�.�ner ' s ability to firiance
and ti��hich Ue<�rs a reason�ble relation to the es�;i.ma�;e
of cost therefor contained in the Owner ' s application
�ri th the Depari:men�: of �iousing a�d Urban Uev�lopmeni;
f'oz� the advance ;covered by� P-Niinn. 3090, P-Minn. 3og3, �
P-rlinn. 30�9, and P-Mirin. 3092 . In no event shall
' such plans be developed which 4�ould require a cost
in exce�ss of a d�llar amount to be established by the �
Owner after completion of the preliminary planning
, �
phase.
If data obtained during the plan preparation
indicates that unfoz�eseen conditions ti�rill increase
the cost of the Civic Center Project beyond the
absolu�.e maximum provided above, t;he O���ner may
' suspend plan prep'aration and will notify the •
. Associate Architect as soon as possible. .
, � At any time the Associat;e Architect shall
become a.ware of facts or circumstances showing a
. substantial increase in costs beyond the original
:
est�mate , he shall immediately give notice to the
Owner.
. ARTICLE VI:C
ACCOUi`'rlidG t�ECORD3
Records of the Associate Architect' s Direct
. . Personnel� Consultant, and neimbursable Expense
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� �er�taining td this �roject and records of accounts
be�:iti�een the O��rnPr and Contractor shall be kept on
a generally recognized accounting basis and shall
be available t;o th� Owizer or his authorizEd
representative �t mutually convenient times .
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AHTTCL� VIII
D�.',iJIG�T�!`.['TOIv' �F' AiiCHIiLCT
� . ' The Associate AI�chitect� � at all tim�s , shall eruploy
and maint;ain a comp�tent and duly registered archi�;ect
in charge of tYie�sub ject archi�ectur•al �rork and the
• performance of all Associate Ar�chitec�; ' s obligations
� hereunder.
The Associate Architec� shall designate in ��rriting
. to the Owner the nam� of said individuaJ. and provide
such individual wi�h Lhe authority t,o speak for
Associa�;e Architect in all mai;ters relat;ing to this
contz�ac�; and shall have authori�;y to make final
, decisions. in all matters regarding obligations under
this contract.
Associate Architec�, as repr�se�ni;ed by such
- designated Arc:�itect, shall have the status oi'
., , .
� associate architect pursuan� to the authori�y under
Section 304 of the Home Rule Charter of the City of
. Saint Paul and sha].1 be subject to the provisions of -
. •
said Charter.
AFtTICLE I�
� D O�UNI�,V'].'S
Associate Archit�ct shall file with the City
Architect all preliminaz�y and final plans , all.
� � ' . ara�,rin�s } and _specifications required under terms �
of this contract. � �
After corapleti�n of construction of each sub-
project, �he Associate Architeci; shall deliver to
the 0�•�ner the origina]. or a reproducable cop�= of
i5 . �
,
. � ' .
the origina.l of �;he drawings , and ten (10) copies
of cornplete specifi.cations (ir�cluding all addenda) .
O�rner agrees that such dra��rings and specifica-
tions shall n��; be -used on projects other� than the
Civic Cent;er Projec� except by agreeraent �in lariting. "
ARTICLE X
FAIR FhiPL0YI�1TNi' r�AC�iICE
The Associate Architect shail be deemed a co��-
• tractor for the application of all provisions heieof �
and la���s agains�; unla�,�fu.l discrimination on account
of race , creed or color hereunder.
. The Associate Architec�; agrees , in accordance ��ri�.h
ChGpter 238, Laurs of the State of Ninnesota for 1941,
that in the hiring � of common or sY.illed labor for the
perforff�a�ce of any work under this contract or z.n3T �
sub�-contract hereunder� no contra.ctor, matez•ial
� �supplier, or vendor shall� by reason of r•ace , 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 employ-
ment relates ; that no contractor� material supplier�
� or vendor under this contract shall in any manner
discriminate' aUainst, ox• intirnidate , or prevent the �
employmen� of anST person, or on being hired, prevent,
� ' or conspire to prevent, any person from the
` performance�� of u�or�k uncler this c.ontract on account
of race , creecl or c�lor; and t��t this con�ract may
be cancelled or terminated by the O�.rner , and al].
moneys due or �;o beconie aue hereunder. �hall be
� 16
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,
forfe:tted f'or a ^econd or any sub�equeni; violation �
of the �erms or condif;ions of �his contract .
• This contr�ct is subject to Title VT of the
. Civil Ri�hts Act; of 19o�E (P . L. 88-;52, appr�ved
� July 2, ].�6�+) and the rules and regulations (21E �
CFR, Subtitle A, Part 1), issued by �he Housin�
and Horne Financ���lgency pursuant thereto .
. ARTICLE XI
. OI��II�ER 'S RESPONSIBILITIES
The Ovrner shall provide full information as to
his requirements for the Pro�ect .
The O�vner shall designate, �•�hen necessary,
representatives authorized to act in his behalf. '
The Oti�rner shall examine documen�s submitted by the
Associate Architect and render decisions pertainin�
�hereLo promptly, to avoid unreasonable del.ay in
_ the pro�ress 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 Oti�rner sha11 furnish or direct the Associate
Architect '�o obtain a� the Oy�aner 's expense a .
cer�ified survey of the site, giving, as required,
� grades and lines of streets , alleys , pavenents ,
and adjoining property; rights of ���ay, re�tric-
. ' tions , easements, encroachments, zoning, deecl '
. restrictions ,. boundaries and contours of th� .
builclin� site; locations , dimensions , and necessary
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•
.
,
� data perta�.nin�; to exl.stin� bui7.din�s , other
� improvcmenf;s and trees; full information as to � .
ava:�lable sei°vl.ce and utility lines both public
, and private; and test borin�s and pits
. necessary for deter�nining subsoil conditions . _
The O�rner shall pay for struc�•ural, chemical,
mechanical, soil'mechanics or other tests of
like nature if required .
The OtNner sha7.1 supervise required surveys �
and soil te�t� ; he shall prepare adverti�ements
for bids, manage bid openings and revie�,r bids
and contracts; he shall have printed and
distrl.buted all the requisite copies of plans
• and specifications ; he shall assume a general
supervisory role of the project construction;
he shall check and certii'y con�ractors ' mor.thly .
estirlates , maintain �ob accounting records '
and make a final inspection of the completed
project with Associate Architect .
' ARTICLE XII
REIMBURSABLE EXPENSE • �
In addition to the Associate Architect 's basic
. ' fee, O�vner aorees to pay the follovring inciden�al .
' expenses incurred b�r Associate Architect necessarily
in the interest Qi the Civic Center Project provided,
ho��re ver, th�.t these expenses shall be reimbursabl.e �
- only if first authorized in advance by the Ocvner :
.. • • � . . � . . - .
� - �1 . Exp°nse of tran�portaf;ion and
living of principal� and employees i�rhen
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_ . . .. .• F__•
'� i
5 • �
traveling oui; of stat,e in connection �•�ith
the Civic Cciztez� Project; lon� distance
cal].s an�� telegrarns ; addit,iotlal i�eproduc-
tion of dz�aurings and specifications �
(excluding cQpies for Associate Architeci;' s
use � duplicate se�s for Oc�rner ' s revie��, �
and duplica�;e sets rea,uired i;o be filed '
with'.•any governmental unit) .
B. Fees of special consultants
for other than the normal str�ucturaly
mechanical, air conditioning and
electrical engineering services and
additional perspec�;ives and madels.
Additional perspectives and models are
those not r�quired for the design and .
construction of the Civic Center Project
nor presentation for approval by the
� Owner.
ARTICLE XIII
ADDITIOPdAL S�RVICES
When authorized by Owner, Associate Architect
' ` will perform services in addition to his basic .
services for which O�,,rner agrees to pay two and one-
half � 2 1/2 ) times the Direct �ersonnel �xpense.
� In computing said expense , pr�incipals ' time
� shall be 'computed at Fifteen Dollars (�1;.00) per
hour and employees ' time shall be computed at their
regular rate of pay plus normal benefits .
. 19 .
�
. , � -
, '� , .
. , ' , '
Dix�ect Persorinel Expells� includes tha�, af
principals ana employees engaged on �;hc Project
including ar�chitec�s , engineez�s � designei�s , job
' captains , dr�aftsmen, specification wri.ters , �ypists '
and �z�oject itep-resen�atives , in consultation�
research, desi�ning, producing dz�a�ring , specifica- °
' tions and oi;ner docLLments �rtaining to the Project, .
� • ..
� and sez�aices during construction at the Projec�;
site. �
Services considered in addition to Associate
Archii;ec�' s basic services are the following :
A. Mal�in� excepi;ional planning
surveys and special analyses of the -
Oti�rner ' s needs to clarify z�equir�ernents
of i:he t roj�ct. . '
_ . B. Revising previously appr�ved , ' ,
. dra�rin�s or specificai,ions to accomplish �
changes. '
� C, Preparing documents f'or Alternate
. ,-
Bids and Change Order�s s or �for supple:nental
� work initiated after comm�ncement of the
� construction phase.
D. Consultation concErning replace-
ment of any ti�ork damaged by fire or other
- cause during construction and f urnishing
' - ;.pro�ession�l services of the i;ypes set
forth in Article ITI above as may b�e �
� requiz e� in conn.ection wit�l �'ne replace-
r�en�; of such wor]i.
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E. Arratzgi.n� for �;he worlc t.o proceed
should �;he contrac�;or default, d��e �;o
� delinqi��ncy or insolvency. . �
' F, Providing prolonge� contract
. admini s t7�a ti.on and observa tion of con-
struction should the cons truc�ion con�.;ract � -
' time be exceeded by more than 25% due to no
fau�t of the Arch�.tect. �
G. Preparing as-built drawings
showing cons�ruc�;ion changes in the ti:►�rk
and final locations of inechanical service
• lines and outlets on the basis of da�;a
furnished by the Coni;ractor. .,
H. �aking an inspection cf the
Project prior to expira�ior� of the guarantee
- period aild reporting observed discrepancies
., .
under guarantees provided by the construc-
tion contr•acts.
� ARTICLE XIV . � %
PRI0�3 AGRL�N�NT
� (a) Except as provided her�ein, this agreement super-
sedes any prior existing agreemen�S specifically the
agreement dated April 21, 196G, entered into be�;?��een �he
City of Sain� Paul and Convention Center Architec�s dc
Engineers, Inc.
• ; a � :-• .
'� (b) I:lco"r'por.ated by reference :!erein are on]_y
those i�ei•ms oi t;he afor�ementioned COIl�T�ac� �•�hich pro-
vide for �;hE completion and subr�ission of pz�eliminary
21 �
n ,� �
� ' t
• � ,' ' , .
pl�tis foi� sub-project (1) Exhibition Hall referred
• �;here�.n as �:he services cantempl�ted by Projec�i; No.
307� A�reement. It is unders�;ood that such
, preliminarv plans have been i�eceived and approved,
and payment oi fif�;y-eight thousa.nd eigh� huncired
dollar�s (�;8,800. 00) r�eceived by Associate Ar�chitect,
.� which amouni;, for purposes of this agreem�n�, shall
apply against thirty-five per cent; (35i� ) of the •
total fee which may become due �rith respect to
� sub-project (1) Exhibition Hall.
(c) incorporated by refez�ence herein are those
terms of the aforemen�;ioned contract which pr�o��ide
. . for �he caa�npletion and subrnission of preliminal�y
plans for sub-project (2 ) Arena refe��red to as the
services contempla��d by Projec�; no. 3090, Cont�ract .
No. H L 402_/ 2916. It is underst;ood that such
prel�rainary plans shall be received by i;he - �
Commission and O��:ner n� later than FeUruary 10,
1968, and that payment therefor shall be made in �
. accordance with and subjec� to �;he terms and � '
conditions cantained in Ar�icle IV � Paragrapn A
of this Agreemen�.
� A HT I C LE �1
• TERI�1ZTdA'1'TOi�T Oit SU�PLI�TSION
' `rh.e Ot��ner ma3� at any time terminate or suspend,
� 'upon sev.en (7 ) dayTs ' noti.ce , a]_1 or any substant;ial
part of �;lle Associate Arc�iitec�' s services to be
furnished hereunder. The Associai;e Architcct shall
be notifiea in urritin� by the O�,�ncr of the termination
22
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� ' 1
.• ' ' ^ . .
or� suspension of the llssaciat;e Archi.tect ' s
services and t,he��eupon such services sh�j.11 be
ha7_ted immediately. In such event t;he �ssociate
• � ' Architect shall be entitled to "jusi; and �
equitable compensation" for all services �
rendered but lirni�;ed to those services .
• specifically authorized in accordance �rith the
ter•ms of. this agreeni�nt pz�ior to the dai;e of ��
termination or suspension.
In determining "jus1; and equit�.ble compensatioi7" ,
the amount of any sei;tlement shall bear a reasonab]_e
relationship to tne provisions for� payment made in
Article II , Article IV , Article XII and Article
XTII.
Ar�TICL� X�TI
NOTWITHST�NllI�1G AI�Y OTHEr� P��CVISIOi�d Iiv' I'HIS
AG'nEEM�N�l TO I'HF CGi��T'�'��ftY� IT IS AG�-i��D: � '
That any action, right of actio� or liability for . -
paym�nt under �he tex•ms of this agreemen� shall arise only
against the City of Saint, Pavl; • �
That in the event of any default no liabi.lity shall
accrve to the Civic Center Comruission or any of its individual
members; '
That payment for the preliminaz�y and final plans for�
each sub-project shall be made by the City of Saint t aul in
accordance '•�ith the �ei�ms of Article IV , and, except as
other�r�ise pz•�vided in ArticlE IV , only aft;er receipi. of funds
� pursuant; to agreements ti•rith the �epartmznt of Housing and
Ur.ban Developm�nt; '
23
� ' � ,
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i Th�i; the City of Sain�: Paul shall not be liabl.e for
any sez•vices per•for�med unless stzch services are specifically
authoriznd; �
� That i;Yie O�ner shall pz�ovide specifi.c authorization t�o
proceed with each phas� of each sub-project by addenda t;o
this agreement.
ARTICL� XVII �
� AS S T G IViJ1E TdT '
Neither �Lhe O���ner nor th� �ssociate Architect sha11
assign, sublei; or transfer his interest in this agreement
without th� ��ritten consent of i;he other.
A�TICLE XVIII
� To the exte�t reqvired by Mi.nnesota Laws for 1967�
Chapter ��59, the term "O�,rner" herein s'nal.l includ� the
_ "Comcnission. "
�� . . •
�
IN WITNESS Ir�H��-�OF, the parties hereto have made and
executed this Agreement the day and year first above written. .
� Countersigned: CITY OF SAII�T PAUL
Ci�:y Compi,roller
. By .
� � Nayor
Approved as i;o form:
, � Commissione7� of Libraries �
Asst;. Corp�r�i;ion Cou:�sel Audii;oriwn �and Civic
� „ . Buildings
� • � . ' �. . , . � .
Approved as to form and e:tecution Co:nmissioner of Pa.rks,
this day of , 1967 . Recr�eat;ion and Public
Buildings
Asst�. Corporation Covnsel
' Ci•t,y Cler�c
� 24
,y I
• ��C� ...i
� , . � y
L
COIdVLId'i'ION CEId�l.'Et� AttC�II`.['EC7.'S
& L1VG I IdEL�i�y INC .
By .
�: .
, STATL Or i�1 T i�TIv�S4TA ) s s .
COU�I'rX OF �tAI�1�EY )
• � ..
On this day of , 1967 , before me, a
notar�y public ��ithin and for R?msey County, Minneso ta , appeared
; Thomas R. Byrne, Dean lfes�edith, Victor J. Tedesco and �Iarry �.
� l�lars'na]_1 and Joseph J. A•Iitc'nell, �rtio , being b�= me duly s�rrorn,
did say that �hey a.re respectively �;he t^ayor , Commissioner of
Libraries , A��ditoriur.l and Civic Buildings , Commissioner of
- Parks, �ecreation and �'ublic Buildingss City Clerk and �;he City
� Com.ptroller of tne City of Saint Paul, Minnesota , and that the
� seal affixed ta said instrumen�; is the seal of tne City of
Saint Pau� a.nd that said instrumen� was signed and sealed in
� behalf of said City of Saini, Fa.ul by �uthoz�i�y granted pursuan�
to formal resolution of t;he Council of the Ci�;y of Saint Paul�
Council File Tdo. , passed and approved !
1967 and the said Nlayor, Coramissioner of Libraries , Auditorium
and �ivic i3ui7.dings , Commissioner of Parl:s and R�creation and
' : tublic Buildingss City Clerk and City Co:nptroller acknowledged
said i_nstr�u�!en� to be the act and deed of said City of Sain�;
Paul, pur�suant to said z�esolution. " '
; , , I�ioiary �'ublic, i�amsey Co. , Niinn.
' My commission expires
; - . :
' STA 1'E 4F I�iT;VI�E�GTA ) s s .
' ' COUI�TY OF ,�iAi��Ll' ) .
' On this day of , 1967 , before mz, a n�tary
public wi�hin and for Ra;nsey County, I�:innesota , appeared
and
�r:�o , being U5T me duly st��orn, did say that they are respectively
` the and
of Con�er��;ion Center Archit;ects � En�ineers , Inc. , a A1inr_esota
� corpoi a�ioii, znd �hat i.h� seal affixed to said ins trtu��ent is t'ne
" corpor��i;e seal of said. corporation, and that said instrument ���as
signed and s��l.ec? ir. behalf of saicl eorpora�ion b3� autr�ority of
its Board of Lirec��rs , and said ' and
ackno�.oled��d sa.id instrum�nt �o
be the frp� act and deed fo� said corporat;ion.
I�Tota.ry Public , r�amsey Co. , A,inn.
� Ny commission c��pires
25