216351 � , . Council File No. 218351—By Severin A.
- Mortinson—Robert F:Peterson— �
ORIGINAL TO CITY GLERK ,Whereas, The Detention and Conec-
.'� -� . .. CITY OF ST.,P paul andtthejtCaunty of Ftamsey.SMintQ.���T���
• hesota, at its meeting on the 17th day
_ , OFFICE OF THE CIT bf Janil�!•y' ':3�.i� authorized �e eX-
ec�tior.^:.; •r,,r ,• r�al service -v,�ee
.- � � ' COUNCIL RESO UTION— n",t�t.�"i;.:"l�S�y�,t, xthorit;�s . '�:e ���yl-T�, — �`
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PRESENTED BY y �e'� �C �9�?1S,a' �i�r: �-::}��,iiF�sY<<nty'
COMMISSIONE � � '��"'� � DAT ° r �I y•;tnfor;' 1c�
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WHERE�iS� the Detention a.nd Correc�ions Authority
of the City of Saint Pa�.l and the County of Rams�y� Minnesota�
at its meeting on the 17th day of Jannary, 1964, suthorized
the execution of a professional ser�ice agreement between
said Authority and The Cerny AssoQiates, Ina. for architeatural
serviees in conneetion with the eonstruetion of new additions
at Boys� Totem Town� said authorizatior� being sub�eet to
concurrenae thereto by the City B.rchitect of the City of
Saint Faul and the Council of said City� and the Board of
Connty Commissionerg of Ra.msey County� and
WHEREAS� the City Arehitect has indicated approval
of the terms� provisions and eonditions of said contract, a
copy of whieh has been marked "Exhibit A"°, attached hereto
and incorporated herein by reference,
Now, Therefore� be it
RESOLVED That the Council of the Ci.ty of Sa3nt Paul
Y�ereby eoncurs in �he action of the Detention and Corrections
Authority of the City of Saint Paul and tl�e Courity of Ramsey�
Minnesota, in authorizing egecution of the contract between
said Authority and �he Cerny Assoaiates Inc. for professional
architeetural serviQes in conneetion wi�h the construetion of
new additions at Boys� Totsm Town.
FORM APPRO ED �
Asst. Corporatiora Counsel
' ,��N 2 4 ��64
COUNCILMEN Adopted by the Council ].9—
Yeas Nays
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Holland / pproved lg_
Loss ��
In Favor
Mortinson �
' Peterson � Mayor
Rosen
A gainst
, Mr. President, Vavoulis 1
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Jaauary 27, i!64
The tion a� County Auditor - Detention au3d Corrections Authority - City Architect -
City Council - City Clerk - The Cex�y Aasociatee, Inc.
is respeetfall� ealled to th� toDowin� Reaofotloa of t6� Baard ot Conat� Commiasion�rs o� Rsew�
Connt7. Minnc�ota. sdoPted st th� m� held oo January 27, 1964
B7 Commiastoner Goodrich
WHEREA3, The Detention and Corrections Authority of the City of Sai�t
Paul and the Cou�ty of Ranaey, Minnesota, at ita neeting on the 17th dqy of
Jnnuary, 1964, authorized the execution of a profeesional service a�ree�ent
between said Authority and The Cern�y Asaociates, Inc. for nrchitectural aervicee
in connection vith the conatruction of neW additions et Eoys' Tote= Town, said
atrthorizdtion being sub�ect to concurrence thereto by the City Architect of the
City of Saint Paul and the Council of said City, and the Board of County Con-
�isaionere of Ramaey County; ead
WHE'�AB, The City Architect hsa indiceted approval of the terms,
proviaiona and conditiona of enid contract, a copy of xhich hae been narked
"Exhibit A", attack�ed hereto and incorporated herein by reference; IQoW,
Therefore, De It
RESOLVID That the sosrd of Ramsey County Co�ieeionera hereby concurs
in the action of the Detention and Correctiona Authority of the City of Saint
Paul aad the County of Raneey, Minneeota, in authorizing execution of the contract
between said Authority and The Cerqy Asaocie►tea, Inc. for profesaional architectural
servicea in connection xith the construction of nev additions at Doye' Toten ToMn.
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EITGENE 1�I. M r1ICR. Ce�a�ty A
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ARCHITECTURAL SERVICE AGREEMENT '
THIS AGREEMENT� made this first day of December� 1963,
by and between the Detention and Correetions Authority of ;�he
City of Saint Paul and County of R�msey� Minnesota, provided for
by Chapter 353� Laws of Minnesota for i955, as amend.ed� hereinafter
called the t'Owner", and The Cerny Associates, Inc. , a Minnesota �
� corporation, hereinafter called the "Associate Architect", �
WITNESSETH:
WHEREAS, the Owner intends to erect certain new
building additions to its detention facility commonly referred ,
to as "BoysQ Totem Town" and also intends to remod�l certain
portions• of this detention facility� which is located in Ramsey '
County� Minnesota; and
• WHEREAS, such remodeling and new additions to be �
constructed at Boyst Totem Town are hereinafter referred to
as the "Pro�ect"� with the architec�Gural work being assigned ,
� -
hereinafter to the Associate Architect to be hereinafter referred I
i
� to as the gssociatets phase of the Pro�ect, and the r emodeling ;
' work to be assigned by the 0yaner to the City Architect for �'
architectural purposes to be referred to hereinafter as the �
, City Architectts phase of the Pro�ect, '
� Now� There�ore� the Owner and the Associate Architect�
, for the consider.ations hereinafter set forth, agree as follows:
1. The Associate Architect will� at its own cost �
and expense and for the considerations hereinafter specified, �
f�.irni sh all nece s sary prof e s sional and other per sonnel �.nd all �
�
' necessary equipment, material and supplies therefor and furnish �
professional architectnral services for the preparation of '
E' - �
E preliminary studies, workir�g drawings, specifications, large '
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� , scale and full-.size detail drawings for architectural� � , .
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, structural, plumbing� heating, electrical and other mechanical
� work.
2. As a part of its services as provided by Paragraph
` 1 above, the Associate Architect shall check and approve sa.mples,
; schedules, shop drawings and other submissions only for conform..
�
' ance with the design concept of the pro�ect as it pertains to
; , new construction or new additions under the Associatets phase
�
of the Pro�ect and for compliance with the information given
by the contract documents� and assemble written guarantees
; required of the contractors charged with responsibil3.ty for
� the construction of the Associateas phase of the Pro3ect.
� . The Associate Architect, in addition thereto, shall make
i � periodic visits to the site to familiarize itself generally
; with the progress and quality of the work and to determine in �
� general if the work �s proceeding in accordance with the contract
documents. The Associate Architect will not be required to
� ,
' make exhaustive or continuous on..site inspections to check the
quality or quantity of work, and it will not be responsible
for the contractor� s failure to carry out the construction ,
, work in accordance with the contract documents. During its
visits and on the basis of observations of its personnel while
; at the site, the Associate Architect will endeavor to keep the !
' Own.er informed of the progress of the work and will endeavor
�
to guard the Owner against defects and deficiencies in the work
� of the contractor.
3. It is agreed by and between the parties hereto
that the Associate Architect shall at all times employ and ,
retain a competent and duly registered architect in responsible
charge of the sub�ect architectural work required of the
� •
�
� Associate Architect hereunder and for the performance of all of
� ' , the Associate Architect� s obligations hereunder. The Associate •
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. Architect, as so represented by such competent and duly registered '
architect, shall have the status of Associate Architect as ,
contemplated and set forth U.n.der Section 304 of the Charter of
the City of Saint Paul, and said Associate �rchitect shall be
sub�ect to the supervision of the City ,grchiteet of the City of
Saint Paul at all times and in all matters pertaining to
�
performazice by the Associate Archite� hereunder.
, 4. It is agreed by and between the parties hereto
, �at the City Architect an.d personnel in his office shall be
responsible for all design a.nd drafting work in connection
with the remodeling to be done at Boys' Totem Town., hereinaYter
• referred to as the Ownerts phase of the -Project. It is further �
agreed that in addition thereto the City Architec�°;tshall be '
' responsible for the �ubmission of plans in connection with
advertising for bids, which bids shall be called for th�ough
- � .
, the Citp Purchasing Department, for the er�tire Pro�ect.
� 5. It is further agreed by and between the parties '
. that the City Architect shall furnish person.nel of his office •
for the necessary on-site supervision of work during the construc-
�
tion period with respect to both the Associate Architectts
phase and the Owner= s phase of the Project. '
6. It is further agreed by and between the parties '
, hereto that the estimated cost of the remodeling work in
' connection wi.th the Ownert s phase of the Pro�ect at Boyst ,
Totem Town will run approximately One Hundred Thousand Dollars �
� (�100�000) and the estimated cost of the new construction
4 covered by the Associate Architectts phase of t�ie Pro�ect will
� run approximately Four Hundred Thousand Dollars (�400,000) . .
� •
; � 7. It is agreed by and between the parties hereto ,
,
, � that the Associate Arehitect shall receive as its fee for the '
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Associate Architeet= s phase oY the Pro�ect as hereinbefore
described, four and one-half per cent. (��) of the actual
� eost of the construction of the Associate Architectts phase ,
' of the Project� exclusive-•of architectural fees payable to
said Associate Architeet, the cost of said Associate Architect= s .
, phase of the Project beir�g presently estimated to be Four
, Hundred Thousand Dollars ($400,000) .
` � 8. ' Payment to the Associate Architect by the Owner .
, �
on acconnt of its fee shall be made as follows:
, ' ' A. IIpon the completion of preliminary studies, a
� sum equal to twenty-five per cent. (25�) of the archi.tectts
� fee, computed upon a reasonable estimated cost of the
Pro3ect assigned to the Associate Architect as hereinbefore '
set forth.
B: During the preparation of specifications and
general working drawings, monthly payments aggregating :
at the completion thereof, a sum s�fficient to increase �
'payments to seventy-five per cent. (75�) of the rate or
rates df commission to the Associate Architect arising
� from this agreement, computed upon the estimated cost� '
hereinbefore set forth, of approgiu�ely Four Hundred
Thousand Dollars ($400,000) on such completed specifications
' �
, and drawin.gs� or, if bids have been received and a contract �
or contracts awarded, then computed upon the amount of
construction cost of the Architectts phase of the pro3ect
as indicated by such awarded contract or contracts. ,
C. From time to time during the execution of construc- �
tion work a.nd in proportion to the amount of service
i � rendered by the Associate 9rchitect, payments shall be
� made by the Owner until the �aggreg�te of all payments
� made on�account of the Associate Architect� s fee shall be •
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• - . 1-23-64 �
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a sum equal to the fee authorized in Paragraph No. 7 ,
' of this Agreement� computed upon the final cost of
. - construction of the Associate 9rchitectts phase of ,
the Pro�ect, including, in such final cost, approved
extras or credits in connection with the Ass3ociate
Architect' s phase of the Project.
9. It is further Agreed by and between the parties
hereto that the Qwner will with reasonable promptness call for
bids on the Associate Architectts phase of the Project when '
� final plans have been s ubmitted to it by the Associate Architect, �
.
and the Associate Architect agrees that in the event bids are .
� received on the Associate Architectts phase of the Prq3ect which �
, are in excess of the available funds, namely the estimated
� cost of the Associate�Architectis phase of the Project� being ,
the sum of Four Hundred Thousan.d Dollars (�400,000) exclusive �
of the Associate Architect' s fees, that said A�sociate Architect '
will re-design the plans for the Associate Architectts phase of :
the Pro�ect so as to bring the cost of that phase of the� Pro�ect
, within the amount of available -funds, and that for the architectural �
' - services in connection with any such re-designing of its phase . - � �
. of the Pro�ect, it will receive no fee therefor. ;
10. It is further agreed by and between the parties ,
hereto that the Owner, through the City Architect, shall do and �
perform the foTlowing tasks in connection with the Owner' s phase �
r '
: of the Pro�ect and. the Associate Architect� s phase of the Pro�ect: .
� A. Budget control, including preparation of change orders. ;
�
, ,
B. Assistane� in gathering and supplying background ;
information regarding (a) plat survey, (b) soil analysis, � ,
� (c) building codes, local codes� zoning laws,' etc. '
1
!- C. The supervision of surveys� soil �:irivestigations ,
, '
as necessary. • �
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D. Preparation of advertisement for bids and manage-
ment of bid openings.
. E. Printing and distribution of plans and specifications. '
, F. Distribution of plans and ,specifications to •
� contractors. '
� G. General responsibility for day-to�-day supervision � .
of the work. �
H. Checking and certifying contraetors' monthly estimates.
� I. Setting up and maintaining 3ob aecounting records.
J. Preparation� issuan.ce and control of �ob change orders. �
K. Progress reports.
L. Final inspection 3ointly with other parties. .
' � M. Review of bids and ca�t�acts.
' 11. It is further agreed by and between the parties
hereto that there is reserved unto said Owner hereunder the abso- '
lute right and privilege to elect to terminate and terminate this
. agreement and all liability of said Owner to said Associate '
Architect hereunder save that for payment to the Associate
Architect of its fee, computed as provided in Paragraphs 7 a.nd 8
, of this agreement, to the date of termination of this agreement. •
, 12. It is flirther agreed by and between the parties ;
' hereto that all drawings, tracing�, and specifications to be
�
prepared an.d furnished by the Assoeiate Archit ect sh�ll become ,
the pro,perty of the Owner upon their approval in writing by tY�e • _
Owner, or upon the prior termination of the Assoeiate Architect' s `
services hereunder. The Associate Architect shall d�eliver to
. the Owner all such drawings� tracings, and specificativns which
the Owner may utilize in whole or in part or in modified form, .
and in such manner or for such purposes as it may deem advisable� ,
without further employment of, or additional compensation to� �
t�� �'c���Q��. '
; � 13. The provisions of all statutes of the State of �
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Minnesota and all ordinances of said City of Saint Paul
relating to contractors hereby are made a part of this agreement
as the same may be applicable. Said Associate Architect
. hereunder in the hiring of labor fdr the performance of the ,
work shall not, by reason of race, creed�;. or color, discriminate "
� against 'any citizen of the United States• qualified and available .
therefor. Sa3d Associate Architect, as Prineipal� shall fuFn,ish
a surety bond with a corporate surety authorized to do business ,
in the State of Minnesota, to and in favor of said Citp of
Saint Paul, as obligee, in the penal sum of $10,000.00 �
conditioned for said Associate Architectts full and faithful
performance of the latter� s obligations hereunder.
� IN WITNESS WHEREOF, the parties hereto have"made and
executed this Agreement� the day and year first above written. � �
DETENTION AND CORRECTIONS-AIITHORITY
OF THE CITY OF SAINT PAUL AND �
" COIINTY OF RAMSEY, MINNESOTA, Owner
. , 1
. - BY ,
Chairman
By ' � �
• Secretary -
� ' ' ' THE CERNY ASSOCIATES� INC. � �
, Associate Architect �
By :
. ' Its ' � ,
�
Form Approved: By '
' � Its ' � �
t
Special �sst. Corporation Counsel � - . �
' Apprbved as �o form and execution '
this day of � 19 • '
. `
pecial Asst. Corporation Counsel
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