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228137 `�` ���� ORIGINAL�O CITY CLERK s ' � CITY OF ST.'PAUL COUNCIL ���' OFFICE OF THE CITY CLERK FILE NO. _ � C UNCIL RESOLUTION—GENERAL FORM PRESENTED BY COM M I551 O N E DATF WHEREAS, The United States of America, Department of ' Housing and Urban Development� has approved the application of the City of Saint Paul for advance planning funds to aid . the, City in financing its cost of preliminary planning of a _ new Auditorium Exhibition Hall; and, - WHEREAS, The City Council� by Resolution Council File No. 215127, approved October l7 , 1963, designated the . Convention Center Architects & �ngineers, Inc. as being the proposed architects for the purpose of developing and - detailing plans for construction of the proposed Auditorium �xhibition Hall expansion; 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 the City and Conven�ion Center flrchitects'& �ngineers, � Inc. for the purpose of developing and detailing plans for , construction of the �uditorium Exhibition Hal1 expansion, as more fully set out in the agreement� a �copy of which is attached hereto and incorporated by reference. F0� AP R Vr D��� , st. Corp on Counsel ' APR 19 ���� COLTNCILMEN Adopted by the Council 19— Yeas • Nays Dalglish , ��� � � ���� Holland '• � . prove 19� —��-- . Tn Favor Meredith . � Pete ts on U " �yOr A gainst Rosen ,'' Mr. President, Vavoulis ptrBLIS�HEL� APR 23 196� , V ,`� _r' . T r � t � ARCHITECTURAL SERVICE AGREEMENT � TH IS AGREEMENT MADE TH 1 S � DAY OF 1 � IN THE YEAR NINETEEN HUNDRED AND S1XTY—SIX BY AND BETWEEN CITY OF SAINT PAUL� A MUNICIPAL CORPORATION OF TNE STATE OF MINNESOTA� AC71NG THROUGH ITS COMMISSIONER OF LIBRARIES� AUDiTORIUM� AND C1VIC BUII.DINGS� AND OTHER PROPER OFFICERS AND UNDER AUTHORITY OF RESOLU710N OF THE C1TY COUNCIL� COUNCIL F1LE N0. y����� APPROVED THIS � OAY OF���f , �966� HEREINAFTER CALLED THE O�/NER� AND CONVENTION CENTER ARCHITECTS 8c ENGINEERS� INC.� A MINNESOTA CORPORATION� ' HEREINAFTER CALLED THE ��ASSOCIATE ARCHITECT�� OR ON THE PRINTED FORM CALLED THE ��ARCHITEC7.�� WITNESSETH, , WHEREAS, THE OWNER IN'fENDS TO IMPROVE AND ENLARGE TFiE ST. PAUL, AUDITORIUM AND ITS ENVIRONS� HEREINAFTER CALLED THE PROJECT� AND WHEREAS, ASSOCIATE ARCHITECT WILL PERFORM THE SERVICES CALLEO FOR HEREUNDER UNDER THE SUPERVISION OF THE CITY ARCHI7ECT OF THE CITY OF SAINT PAUL AS SET FORTH UNDER SECTlON 3O� OF THE CHARTER OF SA 1 D C 1'fY. NOW� TNEREFQRE, THE OWNER AND THE ASSOCIA7E ARCHITECT� FOR THE CONSIDERA710NS HEREINAFTER SET FORTH AGREE AS FOI.LOWS: ARTICLE 1 . T.HE ASSOCIATE ARCHITECT y� AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT UNDER THE SUPER— VI,�,ION OF THE COMMlSSIONER OF LIBRARIES� AUOITORIUM� AND CIVIC BUILDINGS � . • . , AND THE COMMISSIONER OF PARKS AND RECREATlON AND PUBLIC BUILDINGS 7HROUGH THE CITY ARCHITECT� AS HEREINAFTER SET FORTH. ARTICL£ 2. THE OWNER AGREES TO PAY THE ASSOCIATE ARCHITECT AS COMPENSATION FOR ITS SERVICES: 2.� FOR HIS BASIC SERVICES SIX PER CENT �6�� OF THE PROJECT CONSTRUCTION COST. . 2.2 FOR ADDiTIONAL SERVICES DEFINED , IN ARTIC�E � HEREINAFTER� TWO AND ONE-HALF �2 1�2� TIMES THE DIREC7 PERSONNEL EXPENSE AS DEFINED IN ARTtCLE 7.1 HEREINAFTER. (N COMPU7ING DIRECT PERSONNEL EXPENSE PRINCIPALTS TIME SHALL BE COMPUTED AT FIFTEEN DOLLARS ���S.00� PER HOUR� AND EMPLOYEES� TIME SHALL BE AT THEIR REGULAR RATE OF PAY PLUS NORMAL BENEFITS. 2.3 REIMBURSABLE EXPENSE AS DEFINED IN AR7ICLE 7.2 HEREINAFTER TO THE AMOUNT EXPENDED. ; � . � � � � 4 ' ! i i � � � 1 3 - ' THIS PAGE IS SUPERSEDED BY THE TWO PAGES IMMEDlATELY PRECEDING THIS \��;C ' PAGE. � ���,•E �{�R � • • THE AMERICAN INSTITUTE OF ARCHITECTS ��.��� • AIA DOCUMENT SEPT. 1963 ED. B I 3 I W � �I T' I� E STANDAI� I� OF AC- �ZEEMENT FORIVI F � BETW ]EEN OWNER AND ARC �IITECT � � , p ON A BASIS OF A � d Q PERCENTAGE OF CONSTRUCTION COST � � � THTS AGREEMENT made this day of in the year Nineteen Hundred and BY AND � ETWEEN hereinafter called the Owner, and . hereinafter called the Architect WITNES SETH , that whereas the Owner intends to � . THIS PAGE IS SUPERSEDED BY THE TWO PAGES IMMEDIAi'ELY PRECEDING THIS PAGE. hereinafter called the Project, NOW , THEREFORE , the Owner and the Architect, for the considerations hereinafter set forth agree as follows: ARTICLE 1. THE ARCHITECT AGR�ES TO PROVIDE PROFESSIONAL SER�':CES FOR THE PROJECT AS HEREINAF"TER SET FORTH. ARTICLE 2. TFiE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICES: 2.1 For his basic services ( %) of the project construction cost, hereinafter referred to as the Basic Rate, the work to be let under a single lump sum contract. 2.2 For work let on a cost-plus-fee basis, increase the Basic rate to per cent ( %). . � 23 For work let under separate contrac[s, increase the Basic Rate to per cent ( %). y 2.4 For Additional Services defined in Article 4 hereinafter, ( ) times o the Direct Personnel Expense as defined in Article 7.1 hereinafter. • ° w In computing Direct Personnel Expense principal's time shall be computed at $ per hour, ; and employees' time shall be at their regular rate of pay plus normal benefits. ~ y 2.5 Reimbursable expense us defined in Article 7.2 hercinafter to the amount expended. � � m CI OWNER-ARCIiITECT AGREE�iENT � AIA DOC B-131 3EPT. 1863 ED. FOUR PAGES � �19G3 The American Inetituta of Atchltects PAGE 1 1736 Now York Ave NW.,Weehiagton,D.O. ( , ° TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT � . " ARTICLE 3. ARCHiTECT"S BASIC SERVICES 13y issuing a Certificatc for Payment, the Architect will also represcnt to the Owner tha[, to thc best of his knowledge, 3.1 Schemntic Design Phnse. information and belief based on what his observations have 3.1.1 The Architect shall consult with the Owner to ascer- revealcd, the qiiality �•f. the work is in accordance with the ; tain the requirements of the Project and shall confirm such Contract Documents. He will conduct inspections to deter- . rcquirements to the Owner. mine tlic datcs of substantial and final completion and issue 0 3.1� He shall prepare schematic design studies Icading to a final Certificatc for Payment. a recommended solution together with a general description 3.4.4 lf more extcnsive representation at the site is re- of the Project for approval by the Owner. quired, the conditions under which such representation shall � 3.1.3 He shall submit to the Owner a Statement of Prob- be furnished and a Projec[ Representative selected, em- ployed and directed, shall be agreed to by the Owner and able Project Construction Cost based on current area, vol- the Architect and set forth in an exhibit to this Agreement ; ume or other unit costs. . 3.2 Desrg�e Denelopnrenl Phase. ARTICLE 4. ARCEIITECT"S ADDITIONAL S�RVICES i 3.2.2 The Architect shall prepare from the approved Sche- matic Design Studies, the Design Devclopment Documcnts The following services cause the Architect extra expense. i consisting of �lans, clevations and other drawings, and out- 1f any of these services are authorized by the Owner they � line specifications, to fix and illustrate the size and character shall be paid for by thc Owncr as a Multiple of Direct Per- ! of the entire Projcct in its essentials as to kinds of mate- sonnel Expcnse: � rials, type of structure, mechanical and electrical systems 4.1 Making planning surveys and special analyses of the � and such other work as may be required. Owner's necds to clarify requirements of the Project. � 3.2.2 He shall submit to the Owner a further Statement q.2 Making measured drawings of existing construction of Probable Project Construction cost. when required for planning additions or alterations thereto. � 3.3 Cotistrtrction Doctunents Phase. 4.3 Revising previously approved drawings or specifica- 3.3.1 Tk�e Architect shali prepare from the approved De- tions to accomplish changes. � sign Development Documents, Working Drawings and Spec- 4.4 Providing Semi-Detailed or Detailed Cost Estimates. ifications setting forth in detail the work required for the 4.5 Pre arin documents for Alternate Bids and Chan e architectural, structural, mechanical, electrical, service-con- p g g � nected equipment, and sitc work, and the necessary bidding Orders, or for supplemental work initiated after commence- i information, Gcneral Conditions of the Contract, and Sup- ment of the construction phase. plementary General Conditions of the Contract, and shall 4.6 Consuitation concerning replacement of any work � assist in the drafting of Propc�sal and Contract Forms, damaged by fire or other cause durin� construction and , 3.3.2 He shall kccp tho Owncr informcd oP any ndjust• furnishing profcssionnl scrvlccs uf tha typcs sct Porth in ; ments to previous Statements of Probable Project Construc- Article 3 above as may be required in connection with the ; tion Cost indicated by changes in scope, requirements or rcplacement of such work. i market conditions. 4.7 Arran �n for the work to , g' g proceed should the con- . 3.3.3 He sha11 be responsible for filing the required docu- tractor defaiilt due to delinquency or insolvency. ments to secure approva[of governmental authorities having 4.8 Providing prolonged contract administration and ob- ' jurisdiction over the design of the Project. servatic5n of construction should the construction contract �! 3.4 Constrt�ction Pltase—Ce�ieral Adnti�tistralion of time bc exceeded by more than 25% due to no fault of ' Cvns�ruclion Conlracts. the Architcct. 3.4.1 The Architect shall assist the Owner in obtaining 4.9 Preparing as-built drawings showing construction � proposals from Contractors and in awarding and preparing changes in the work and final locations of inechanical serv- � construction contracts. ice lines and outlets on the basis of data furnished by the 3.4.2 To the extent provided by the contract between the Contractor. + Owner and the Contractor, he shall make decisions on all 4.10 Making an inspection of the Project prior to expira- , claims of the Owner and Contractor and on all other matters tion of the guarantee period and reporting observed discrep- . rclating to the execution and progress of the work or the ancies under guarantees provided by the construction con- interpretation of the Contr�ct Documents. He shall check tracts. - and approve samples, schedules, shop drawings and other ; �! submissions only for conformance with the design concept ARTICL� 5. TIi� OWNER'S RESPONSIBILITTES of the Project and for compliance with thc information ' �f given by the Contract Documents, prepare changc orders 5.1 The Owner shall provide full information as to his j , and assemble written guarantees required of the Contractors. rcquirements for the Project. 3.4.3 'EIe will make periodic visits to the site to familiarize 5 2 He shall designate, when necessary, representatives au- . himself generally with the progress and quality of the work � and to determine in general if the work is proceeding in thorized to act in his behalf. He shall examine documents ; accordance with the Contract Documents. He will not be submitted by the Architect and render decisions pertaining ; required to make e:chaustive or continuous on-site inspec- thereto promptly, to avoid unreasonable delay in the the �� tions to check the quality or quantity of the work and he Progress of the Architect's work. He shall observe the pro- � will not be res onsible for the Contractors' failure to carr cedure of issuing orders to contractors only through the ' p Y Architect. out the construction work in accordance witb the Contract � Documents. During such visits and on the basis of his ob- �•3 He shall furnish or direct the Architect to obtain at � servations while at the site, he �vill kcep the Owner in- the Owner's expense, a certified survey of the site, giving, ,� formed of the progress of the work, will endeavor to guard �s required, grades and lines of streets, alleys, pavemen[s, ; the Owner agamst defects and deficiencies in the work of and adjoining property; rights of way, restrictions, ease- ` Contractors, and he may condemn work as failing to con- ments, encroachments, zoning, deed restrictions, boundaries, form to the Contract Documents. Based on such observa- and contours of the building site; locations, dimensions, and � tions and the Contractors'Applications for Payment, he will completc data pertaining to existing buildings,other improve- determine the amount o�ving to the Contractor and will issue ments and trees; full information as to available service and Certificates for Payment in such amounts. These Certificates utility lines both public and private; and test borings and i will constitute a representation to the Owner, based on such P�ts necessary for determining subsoil conditions. � observations and the data comprising the Application for 5.4 He shall pay for structural, chemical, mechanical, soil Paymerit,that the work has progressed to the point indicated. mechanics or other tests and reports if required. i } • OWNER-ARCHITECT AGREEMENT FOUR PAGES � AIA DOC. D-131 SEPT. 1963 ED. PAGE 2 7 �I • ` i� �, 1 • �' . '� o i� ' S.5 Hc shall anangc and pay for such legal, auditing, and 8.1.1 A minimum primary payment of 5 per cent of the ' insurance counselling serviccs as may be required for the compcnsation for basic serviccs, payable upon the execution ,Project. of the Agreement, is the minimum payment under the 5.6 If the Owncr observcs or othcrwise becomes aware of Asrccment. any dcfect in the Project, he shall give prompt writtcn notice S•1.2 5ubsequent payments shall be made monthiy in pro- thereof to the Architcc[, portion to serviccs performcd to increase the compensation for basic scrvices to the following percentages at the com- • pletion of cach phase of the work: ARTICLE 6. PROJECT CONSTRUCTION COST Schcmatic Dcsign Phasc ..... . .... ...... ................ 15% Design Dcvelopmcnt Phase ...... .... ....... ........ 35% 6.1 Project Construction Cost as herein referred to means Construction Documents Phase ... .. .. ............. 75% • the total cost of all work designed or specified by the Reccipt of Bids.... ......... .................................. 80% Architect, but does not includc any payments made to thc Construction Phase . .. . ... ..... ........... ..... ... 100% Architcct or consultants. S.2 Payments for Additional Scrvices of the Architect as 6.2 Project Construction Cost shall be based upon one of defined in Article 4 abovc, and for Rcimbursable Expense the follo�ving sources with precedence in the order listed: as defined in Article 7.2, shall be made monthly upon pres- 6.2.1 L�west acceptable bona fide Contractor's proposal entation of Architect's detailed invoice. received for any or all portions of the Project. 8,3 No deduction shall be made from the Architect's com- 6.2.2 Semi-Detailed or Detailed Estimate of Project Con- pensation on account of penalty, fiquidated damages, or struction Cost as defined in paragraph 6.4 below. other sums withheld from payments to contractors. 6.2.3 The Architect's latest Statement of Probable Projcct g,q If any work designed or specified by the Architect Construction Cost bascd on current area, volume or other �uring any phase of service is abandoned or suspended in unit costs. whole or in part, the Architect is to be paid for the service 6.3 When labor or materiat is furnished by the Owner, Performed on account of it prior to receipt of written notice the Project Construction Cost shall include such labor and from the Ow�er of such abandonment or suspension, togeth• material at current market cost. er with reimburscments then due and any terminal expense resulting from abandonment or suspension for more than 6.4 If a fixed limit of Project Construction Cost is stated three months. herein, or if othenvise authorized by the Owner, Estimates of the Probable Project Construction Cost prepared in ARTICLF.9. ARCHITECT"S ACCOUNTING RECORDS Semi-Detailed or Detailed form by an experienced estimator will be secured by the Architect during the Design Develop- ment or Construction Documents Phase. Records of the Architect's Direct Personnel, Consultant, and 6.5 If the, Statement of Probable Project Construction Reimbursab�e Expense pertaining to this Project and records of accounts �et�veen the Owner and Contractor shall be kept '• Cost, or the Semi-Detailed or Detailed Cost Estimate, or un a generally recognized accounting basis and shall be avail- the lowest bona fide proposal is in excess of any limit stated able to thc Owner or his authorized representative at mu- herein, the Owner shall give written approval of an increasa tually convcnient times. in the ]imit, or he shall cooperate in revising the project scope or quality, or both, to reduce the cost as required. ARTICLE 10. TERMINATTON OF AGREEMENT 6.6 Since thc Architect has no control over the cost of labor and materials, or competitive bidding, he does not This Agreement may be terminated by either party upon guarantee the accuracy of any Statements of Probable Con- seven day's written �notice should the other party fail sub- struction Cost, or any Semi-Detailed or Detailed Cost Esti- stantially to perform in accordance with its terms through mates. no fault of the other. In the event of termination, due to the fault of others than the Architect„the Architec[ shall be ARTICLE 7. DIRECT & REINIBUI2SABLE EXPENSE Paid for services performed to termination date, including ; reimbursements then due, plus terminal e�cpense. 7.1 Direct Personnel• Expense includes that of principals ARTICLE 11. OWNERSHIP OF DOCUMENTS and employees engaged on the Project including architects, engineers, designecs, job captains, draftsmen, specification � writers, typists and Project Representatives, in consultation, Drawings and Specifications as instruments of service are research, designing, producing drawing, specifications and the property of the Architect whether the Project for which • other documents pertaining to the Project, and services dur- they are made be executed or not. They are not to be used ing construction a[ the Project site. on other projects except by agreement in writing. . 7.2 Reimbursable Expense include� actual expenditures ARTICLE 12. SUCCESSORS AND ASSIGNS + made by the Architect in the interest of the Project for the following incidental expenses: The Owner and the Architect each binds himself, his part- ' 7.2.1 Expense of transportation and living of princi�als ners,successors,assigns and legal representatives to the other ; and employees when traveling in connection with the Pro�ect; party to this Agreement and to the partners, successors, long distance calls and telegrams; reproduction of drawings assigns and legal representatives of such other party in ' and specifications, excluding copies for Architect's oft'ice use respect of all covenants of this Agreement. Neither the and duplicate sets a[each phase for the Owner's review and pWner nor the Architect shall assign, sublet or transfer his ' approval; and fees paid for securing approval of authorities interest in tBis A�reement without the written consent of � having jurisdiction over the Project. the other. 7.2.2 If authorized in advance by the Owner, the expense ' of Project Representative, overtime work requiring higher A�TICLE 13. ARBITT2ATION than regular rates, perspectives or models for the Owner's use. Arbitration of all questions in dispute under this Agreement � 7.2.3 if their employment is authorized in advance by the shall be at the choice of either party and shall be in accord- Owncr, fees of special consultants, for other than the normal ance with the provisions, then obtaining, of the Standard structural, mechanical and electrical engineering services. Form of Arbitration Procedure of The American Institute I of Architects. This Agreement shall be specifically enforce- able under the prevailing arbitration law and judgment ' ATtTdCLE 8. PAYMENTS TO THE ARCHITECT upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. The de- , 8.1 Payments on account of t6e Architect's basic services cisions of tlie arbitrators shall be a condition precedent to • shall be as follows: the right of any legal action. OWNER-ARCFIITECT AGREEMENT FOUR PAGES , AIA DOC. B-131 3EPT. 1963 ED. PAGE 8 . r � � 7HIS PAGE IS SUPERSEDED BY SEVEN PAGES IMMEDIATELY FOLLOWING THIS PAGE. +i � THIS PAGE IS SUPERSEDED BY SEVEN PAGES IMMEDIATELY FOLLOw.ING THIS PAGE. ,� IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Owner � Architect � ONNER-ARCIiITECT AGREEMENT FOUR PAGES � AIA DOC. B-131 SEPT. 3063 ED. PAGE 4 i it � ARTICLE 1�. AUTHORI7Y. THIS AGREEMENT IS MADE BY AUTHORlTY OF SECTION 30� OF THE HOME RULE CHARTER Ok' THE OWNER AND PURSUANT TO AND BY AUTHORITY OF T1iE AFORESAID RESOLUTION OF THE OWNER�S COUNCIL� C. F. N0. � APPROVED THE , DAY OF , i966. THE ASSOCIATE ARCHITECT� A7 ALL TIMES� SHALL EMPLOY AND MAINTAlN A COMPETENT AND DULY REGISTERED ARCHITECT IN RESPONSIBLE CHARGE OF THE SUBJECT ARCHITECTURAL WORK AND THE PERFORMANCE OF ALL THE ASSOCIATE ARCHITECT'S OBLIGATIONS HEREUNDER. THE ASSOCIATE ARCHITECT� AS SO REPRESENTED BY SUCH COMPETEN7 AND DULY REGISTERED ARCHITECT� SHALL HAVE THE STATUS OF ASSOCIATE ARCHl7ECT� AS CONTEMPLATED BY SECTION 3O�F OF SAID NOME RULE CHARTER AND SHALL BE SUBJECT TO THE SUPERVISION OF THE OWNERtS COMMISSIONER OF PARKS AND RECREA710N AND PUBLIC BUILDINGS� THE COMMISSIONER OF LIBRARIES� AUDITORIUM� AND CIVIC BUILDINGS� ANO CITY ARCHITEC7� AT ALL TIMES� IN ALL MATTERS PERTAINING TO (TS PERFORMANCE HEREUNDER. ARTICLE � 'rj. FAIR EMPLOYMENT �RACTICE. THE ASSOCIATE ARCHlTECT SHALL BE DEEMED A CONTRACTOR f'OR THE APPLICATION OF ALL PROVISlONS 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 TNE STATE OF MINNESOTA FOR �9��� THAT IN THE HIRING OF COMMON OR SKILLED LABOR FOR THE PERFORMANCE OF ANY WORK 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 YlHO !S QUALIFIED , AND AVAILABLE TO PERFORM THE WORK TO WH�CH SUCH EMPLOYMENT RELATES� THAT NO CONTRACTOR� MATERIAL SUPPLIER� OR VEfdDOR UNOER THlS CON7RACT SHALL , IN ANY MANNER DISCRIMINATE AGAINST� OR (N7IMIDATE� OR PREVENT THE EMPLOY— MENT OF ANY PERSON� OR ON BEING HIRED� PREVEN7� 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 4 THE OWNER� AND ALL MONEYS DUE OR TO BECOME DUE HEREUNDER SHALL BE FORFEITED FOR A SECOND OR ANY SUBSEQUEN7 VIOLA710N OF THE TERMS OR CONDITIONS OF THIS CONTRACT. THIS CONTRACT IS SUBJECT TO TITLE VI OF THE CIVIL RIGHTS ACT OF �g6�+ (P. L. �-352, APPROVED �ULY 2> >96�+) AND THE RULES AND REGULATIONS �21F CFR� SUBTITLE A� PARr I�� ISSUED BY THE HOUSING AND HOME FINANCE AGENCY PURSUANT THERETO. ARTICL� �C. EXCEPTIONS. N07WITHSTANDING ANY OTHER PROVlSION IN 7HIS AGREEMENT TO THE CONTRARY� 1T IS AGREED: ' A. ASSOCIATE ARCHITECT SHALL PERFORM ONLY THOSE SERVICES CONTEMPLATED BY PROJECT N0. P—MINN. — 3075� CONTRAC7 NUMBER H��O2�-2667� HEREfNAFTER SOMETIMES REFERRED TO AS "PROJECT N0. 3075 AGREEMEN7��, BETWEEN OWNER AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA� AFTER WHICH 17 SHALL PERFORM NO FURTHER SERVICES WITH RESPECT 'TO THE PROJECT OR PROJECT N0. 3075 AGREEMENT UNTIL SO REQUESTED 8Y OWNER�S CITY ARCHlTECT. . . f B. ASSOCIATE ARCHlTECT SHALL DELIVER • 'f0 OWNER THE NECESSARY PLAN PREPARATION MATERIALS TO SATISFY PROJECT N0. 3075 AGREEMENT�S REQUIREMEN7S ON OR BEFORE JANUARY 2� �g67. C. THE PLAN PREPARATION TO BE PREPARED � BY ASSOCIA7E ARCHI7ECT AS SPECIFIED SY PARAGRAPH A. OF THIS ARTICLE 1F). SHALL BE SUCH AS CAN BE DEVELOPED TO PERMIT THE CONSTRUCTION OF THE NEW EXHlBIT10N HALL AT A COST WHICH IS WITHIN OWNERtS ABILI7Y TO FINANCE AND WHICH BEARS A REASONABLE RELATION TO THE ESTIMATE OF COST THEREFOR CONTAINED (N OWNERtS APPLlCATION FOR THE ADVANCE COVERED BY PROJECT N0. 3075 AGREEMENT. � D. IF DATA OBTAINED DURING PLAN PREPARATION INDlCATE THAT UNFORESEEN CONDITIONS WILL INCREASE THE COST OF THE EXHIBlTION HALL SUBSTAfVT1ALLY BEYOND THE ORlGlNAL • �� ES7IMATE� 7HE OWNER MAY SUSPEND PLAN PREPARASlON AND WILL SO NOTIFY � THE ASSOCIATE ARCHITECT AS SOON AS POSSIBLE. E. THE SERVICES OF ASSOCIATE ARCHI7ECT 1 CONTEMPLATED BY THE PROJECT N0. 3075 AGREEMENT lJlLL BE CONSlDERED THE SAME AS THE COMPLETION OF THE DESIGN DEVELOPMENT PHASE AS SPECIFIED BY ARTICLE 3.2 AND THE TOTAL PAYMENT DUE TO :4SSOCIATE ARCHlTECT FOR SUCH SERVICES SHALL BE SIXTY-THREE THOUSAND T4l0 HUNDRED TEN DOLLARS (�63�210.00�� WHICH SUM SHALL APPLY AGAINST THlRTY-FIVE PER CENT (35�� OF THE TOTAL FEE WHICH MIGHT BECOME DUE TO ASSOClATE � ARCHITECT WITH RESPECT TO THE CONSTRUCT(ON OF THE EXHIBITION HALL. NO PART OF SUCH PAYMENT SHALL BE DUE TO ASSOCIATE ARCHITECT UNTIL THE GOVERNMENT� AS REFERRED TO IN SA10 PROJECT N0. 3075 AGREEMENT� IS �� , 4 i � SATISFIED THAT OWNER HAS COMPLIEO WITH ALL ITS OBI. IGATIONS UNOER 3; � ' THE PROJECT N0. 3075 AGREEMENT AND PqYMENT ?HEREUNDER HAS BEEN MADE BY TNE GOVERNMENT TO OWNER� PROVIDED� H04lEVER� IF FOR ANY REASON� OTHER THqN A FAILURE OF ASSOCIATE ARCHITEC7 TO COMPLY WITH THE TERMS OF THI5 AGREEMENT� T1iE PROJECT N0. 3075 AGREEMENT 1S TERMINATED WITHOUT PAYMENT BEING MADE BY THE GOVERNMENT TO OWNER AS CALLED FOR THEREUNDER� THEN AND IN THAT EVENT O41NER SHALL IMMEDIqTELY BE OBLIGATED TO PAY ASSOCIATE ARCHITECT FOR 17S SERVICES RENDERED TO THE DATE � THEREOF AS PROVIDED BY ARTICLE $. ' ARTICLE 17. DOCUMENTS. AFTER COMPLETION OF CONSTRUCTION OF EACH PORTION OF THE BUILDING OR BUILDINGS� THE ORIGINqL OR' A REPRODUClBLE COPY OF THE ORIGINAL 4/1LL BE DELIVERED TO �4/NER. � ARTICL� 1$. Dur�es oF O���rveR�s CITY ARCHITECT. WHEN THE SERVICES OF �SSOClATE �1RCHITECT ARE REQUIRED IN � ORDER TO COMPLETE 7HE PROJECT SUBSEQUENT TO THE COMPLETION OF THE ASSOCIATE ARCHITECT�S SERVICES CONTEMPLA7ED BY 7HE SAID PROJECT N0. 3075 AGREEMENT� AND NOTWITHSTqNDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY� THE OWNER� THROUGH AND BY ITS CJTY ARCHITECT� SHALL DO AND PERFORM THE FOLLOWING TASKS IN CONNECTION WITH THE PROJECT: A. BUDGE7 CONTROL. B. ASSISTANCE IN GATHERING AND SUPPLYING BACKGROUND INFORt�fATION REGARDING t1� PLOT SURVEY� �2� SOIL ANALYSIS� �3� BUfLDING CODES� LOCAI. CODES� ZONING LAWS� ETC. ji . t . , - �� ,� � �; C. THE SUPERVIS{ON OF SURVEYS� SOIL INVESTIGA710NS AS NECESSARY. � � D. ' pREPARATION OF ADVERTISEMENT FOR BIDS AND PIANAGEMENT OF B!D OPENINGS. E. PRIN7ING AND DISTR(BUTION OF PLANS AND SPECIFICATIONS. F. DISTRIBU710N OF PLANS AND SPECIFI- CATIONS TO CONTRACTORS. G, GENERAL RESPONSIBILIl'Y FOR DAY-TO- . DAY SUPERVISION OF THE WORK. H. CHECKING AND CERTIFYING CONTRACTORSt MONTHLY ES7IMATES. . . I . SETTING UP AND MAINTqINING JOB ACCOUNTING RECORDS. J. PREPARATION� ISSUANCE AND CONTROL OF JOB CHANGE ORDERS. K. PROGRESS REPORTS. L. FINAL INSPECTION JOINTLY WITH OTHER PARTIES. M. REVIE41 OF BIDS AND CONTRACTS. ARTICLE 19. DELETION. ARTICLE 13 IS DELETED AND SHALL BE OF NO FORCE OR EFFECT. ARTICLE 20. TERMlNATION OF THE PROJECT. TNE OWNER MAY AT ANY TlME TERMINp,TE� UPON SEVEN �7� DAYS NOTICE� ALL OR ANY SUBS7ANTIAL PqRT OF THE ASSOCIATE ARCHI7ECT�S SERVICES , � • . TO BE FURNISHED HEREUNDER. THE ASSOCIA'iE ARCHITEC7 SHALL BE NOTtFIED IN WRITING BY THE OWNER OF THE 7ERMINATION OF THE ASSOCIATE ARCHITECTtS SERVtCES AND THEREUPON SUCH SERV(CES SHAIL BE HALTED IMMEDIATELY. JN SUCH EVENT THE ASSOCIATE �tRCHITECT SNALL BE ENTITLED TO "JUST AND EQUITABLE COMPENSATION�� FOR ALL SERVICES RENDERED IN ACCORDANCE 4l17H 1'HE TERMS OF THIS AGREEMENT PRIOR TO THE DATE OF TERMINATION� INCLUDING REfMBURSEMENT THEN DUE� PLUS TERMINAL EXPENSE. IN DETERMINING "JUST AND EQUI7ABLE COMPENSATION�t FOR SERVICES RENDERED TO DATE OF TERMINATION ARTICLE �6 OR THE SCHEDULE SET FORTH IN ARTICLE $� WHICHEVER IS APPLICABLE� SHALL BE TAKEN INTO CONSIDERATION� BUT SHALL NOT BE CONSIDERED BlNDING AS A BASIS OF SETTLEMENT. • � ' .. 1 l IN W(TNESS WH£REOF rHE PARTIES HERETO ;� �! �: • '' HAVE MADE AND EXECUTED 7HIS AGREEMENT THE DAY AND YEAR FIRST ABOVE ' WRIT7EN. COUNTERSIGNED: CITY OF SAINT PAUL � n ,_,� ,./�..:.� `,P c'i B,r ,�� ���-a,�+�.- C,�;�Y C0�IPTROLLE MAYOR � C/ APPROVED AS TO FORM: � .��.��1-'-�'-';�' � �-` J '/ ijif/,�-ri'— � COMMISSIONER OF LIBRARIES� AUDITORIUN� �l�Mn�.� � AND C[VIC BUJLDINGS `'C�1��PORAT i Tl C6UN`.�EL � /� � � � f��/ / �J q,��t•, � / � CITY CLERK (� CONVENTION CENTER ARCHtTECTS & ENGINEERS, INC. . �-•..� ' � . BY �_�t l L.-\ �`1,`� , 1 ��..�'�.�r.N..��..� STATE OF MiNNESOTA ) : ss COUNTY Of' RAMSEY ) t ' . ON TH i S� DAY OF G�`-'�'�1.A > >966� BEFORE ME� A NOTARY PUBLtC WITHIN AND FOR RAMSEY COUNTY� I)'�1NNE`SOTA� APPEARED GEORGE J. VAVOULIS� ROBERT F. PETERSON� ROBERT Bo GERBER� JR.� AND JOSEPH J. P�IITCHELL� WHO� BEING BY ME DULY SWORN� D!D SAY THA'i' THEY ARE RESPECTIVELY THE P�IAYOR� COMMISStONER OF LIBRARIES� AUDITORIUM� AND CIVIC BUILDINGS� CITY CLERK� AND C17Y COMPTROLLER, OF THE CITY OF SqINT PAUL� MINNESOTA� AND THAT THE SEAL AFFIXED TO SAID 1NSTRUMENT IS THE SEAL OF THE CITY OF SAfNT PAUL� . . � - .' - , , AND THAT SA(D 1NSTRUMENT IJAS SIGNED AND SEALED !N BEHALF OF SAID CJTY OF �i SAINT PAUL BY AUTHORITY GRANTED PURSUAN7 TO FORMAL RESOLUTION OF THE COUNCIL OF THE C 17Y OF Sp(NT PqUL� COUNC 1 L F I�e No. ,��,(�Z`� ���� � PqSSED AND APPROVED CC.h}�,.�,,� �� , �g66� AND THE SAID MAYOR� COtdMISS10NER OF LIBRARIES� AiUDITORIUM� AND CIVIC BUILDINGS� CiTY CLERK AND CITY COMPTROLLER ACKNOIJLEDGED SAID INSTRUMENT TO BE THE ACT AND DEED OF SAID CITY OF SAINT . PAUL� PURSUANT TO SAID RESOLUTION. (SEAL} � � ., ..�°.��- �.-:-fi , N.OT,4RY PUBI. 1 C��AMSEY CO�h(TY� M 1 NNESOTA M�(�COMM ISS I ON�EXP IRES / STATE OF MIN�lESOTA ) : ss C0IJNTY OF RAMSEY ) �N TH I S ;f�DAY OF lj'�'� , �g66� • BEFORE ME� A NOTARY PUBLIC 4lITNIN AND FOR RAMSEY 'COUNTY� MINNES07A� APPEARED � GROVER W. DIMOND� JR. AND CECIL �'I. TAMMEN 1+/H0� BEING BY ME DULY SWORN� DID SAY THAT THEY ARE RESPECTiVELY THE PRESlDENT AND SECRETARY OF CONVENTION CENTER ARCHITECTS & ENGINEERS� INC.� A MINNESOTA CORPORATION� AND THAi THE SEAL AFFIXED TO SAID INS7RUMENT lS THE CORPORATE SEAL OF SAID CORPORATION� AND THAT SAID INSTRUMEIVT WAS SIGNED AND SEqLED IN BEHALF OF SAID CORPORATION BY AU7HOR(TY OF !TS BOARD OF DtRECTORS� AtVD SAID GROVER W. DIMOND� JR. AND ,_ CECIL M. TAMMEN ACKNOWLEDGED SAID INSTRUMENT TO BE TNE FREE ACT AND DEED FOR SAID CORPORATION. (SERL) �/J _ . . �"� � ��/, � ' /1�` L..� \ r�Y ^-'�'�'/`-'� . �/ ' NOTARY PUBLIC� RAMS�COI�NTY� MINNESOTA MY COMMISSION EXPIRES - FRE�E�:tC4:'J. P171'r_���t,^:4R!>� Notar� �,v�:;:c, Rt:r,; �j i,.•:s:;t�,:ir4inn. My.Commissicn Expires�cS• 19� 196.7..