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CITY OF ST. PAUL
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OFFICE OF THE CITY CLE eq =°unty `"
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• - NCIL RESO TI• GEN . ` r�,k;cat,„ u, PYa'j
�tt Ut.and ita ae►ietaiy.Bern r'
aje pti uan� to authorizat-
PRESENTED BY ��� ,f/ / fut to them by Atha Commiesio-'-
COMMISSIONE L/�A .. •. i■/ ••■■ ' tar, reetfng:Kt the Commis
to May 4 -ra?. entered.int
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WHEREAS, the City and County detention and Workhouse Facility Commission, through its
chairman, Frank D. Marzitelli, and its secretary, Bernard M. Troje, pursuant to
authorization granted to theca by the Commission at a regular meeting of the Cammissi.on
held on May I., 1956, entered into an agreement with the architectural firm of
Bettenburg, Townsend, Stolte, and Comb, in which said contract the Commission has
employed the services of said architects to perform provisional services relative
to the Commissiont s proposed juvenile detention facility; and
WHEREAS, such employment of architects is in accordance with Section 10 of Chapter 353,
Session Laws of Minnesota for 19%; and
WHEREAS, said Section 10 provides that "All such contracts and employments shall be
subject to approval by the City Council and Board of County Commissioners."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saint Paul
approves said contract, a copy of which is attached hereto and made a part of this
resolution.
JUN 1195'6
COUNCILMEN Adopted by the Council 195_
Ye Nays 'i956
\Gibbons al 1
\ alvorson Approved 195_
�iolland
arzitelli Tn Favor
ortinson Mayor
Against
r.President, Dillon PUBLISHED 4,- 9- 6-6.
5M 6-55 dignite2
•
119
Duplicate to Printer
CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
WHEREAS, the City and County Detention and Workhouse Facility Commission, through its
chairman, Prank D. Marzitelli, and its secretary, Bernard M. Troje, pursuant to
authorization granted to them by the Commission at a regular meeting of the Carnniseion
held on May 4, 1956, entered into an agreement with the architectural firm of
Bettenburg, Iowasend, Stolte, and Comb, in which said contract the Commission has
employed the services of said architects to perform provisional services relative
to the Commission's proposed juvenile detention facility; and
WHEREAS, such employment of architects is in accordance with Section 10 of. Chapter 353,
Session Laws of Minnesota for 19%; and
WHEREAS, said Section 10 provides that "All such contracts and employments shall be
subject to approval by the City Council and Board of County Commissioners."
NOW, a ' kGRE, HE IT tt CLV'FD that the City Council of the City of Saint Paul
approves said =tract, a copy of which is attached hereto and made a part of this
resolution.
JUN 1 l__,__
COUNCILMEN Adopted by the Council 195_
Yeas Nays
Gibbons , may
C ).,
Halvorson Approved 195_.
Holland
Marzitelli Tn Favor
Mortinson Mayor
use „„, `° Against
Mr. President, Dillon
5M 6-55 ' -2
, 17H119
6. SUPERVIIION OF THE WORK. The Architeet will
endeavor by general supervision to guard, the Owner against
defects and deficienoles In the work of contractors, but he does
not guarantee the performance of their oont2ftats• The general
supervialon of the Architeot is to be distinguished from the
continuous on..eite inspection of a clerk*.of.the.works.
When authorized by the Owner, a clerk-of.the-worke aoceotable
to both Owner and Architect shall be engaged by the Architect at
a salary satisfactory to the Owner and paid by the Owner* upon
presentation of the Architect's monthly statements.
7. PRELIWINARY EITIRATES. When requested to do so
the Architect will furnish preliminary estimates an the cost of
the Work, but he does not guarantee such estimates.
8. inrniariou OP THE COST or Ti E WORK. The oast of
the Work, as herein referred to, means the coot to the Owner, but
such cost shall not include any Architect's or Special OonsultIntle
fees or reimbursements or the eost of a sisyko.or.the.vorke,
When labor or material is furnished by the toner below its
market cost the cost of the work shall be computed upon such
market cost.
9. OwNERSHIP OP DOCUMENTS, Drawings and specifica.
tione as instruments of service are the property of the Architect
whether the work for which they are made be exeouted or not, and
are not to be used on other wort except by agreement with the
Arohlteot.
On the completion of the project. the Architeot shall furnish
the Owner with three (3) **plea of all drawings and speelfications,
which the owner agrees will be used solely for the maintenance,
repair or modification of said building.
.4.
1781. '
ooMpletion thereat 4 gum „urtiotent to increase payments to
7 % of the rate or rates of oe mmia,ion arising from this
agreement, computed upon a reasonable eo pit estimated on such
completed specifications and drawl ., e,, or if bids have been
received, then computed upon the lowest bons fide bid or bids.
From time to time during the exooution of work and in
proportion to the amount of service rendered by the Architect,,
payments shall be made until the aggregate of all payments
made on account of the fee under this Article, but not
including any covered by the provisions of Article 3,, shall
be a sum equal to the rate or rates at aommivaion *rising
from this agreement,, eamputed upon the final cost of the
work.
Payments to the arehitests other than these on his :fee,
fall due from time to time as his work is done or as oasts
are incurred.
No deduations shall be made from the Arohltootle foe on
account of penalty, liquidated damages,, or other see withheld.
from payments to c ontraetore,
5, SURVTY, BORINGS . s r,. The Owner *halls so
tar as the work under r this agreement may require, turnieh the
Arehilmet with the following informatiena A complete sad
accurate survey of the building site, giving the grades and
lines of streets* pavements, and ad joins F, -, properties: the
rights, reatriottona* easements, boundaries, and amateurs of
the building site, and full information as to sewer, water,
gas and electrical service The Owner le to pay for borings
or test pits .and, for chemical, mechanioal, or other tests when
required.
17811f)
p, yment; the keeping of accounts, the general administration
of the business and supervision of the Work,
2. RE/MBURSEMENTS, The Owner is to reimburse the
Architeot for the ousts of transportation and living incurred
by him and his assistants while traveling in discharge of
duties connected with the Work, the cost of all reproductions
of drawing*, the cost of any speoial coneultants other than
for normal plumbing, heating, eleetrioal, and other meohanical
work, and other disbursements on his account approved, by the
Owner. Prior approval by owner is necessary before expenditures
herein listed are incurred.
3s EXTRA STRIP/CU AND morcipit OASES, if the
Architect is caused extra drafting or other expense due to
lianges ordered by the Owner, or due to the delinquently or
insolvency of the Owner or Contractor, or as 4 result of
damage by tire, he shell be equitably paid for such extra
expense and the service Involved,
Work let on any coet.plue basis shall be the subject of
4 epeciaI charge in accord with the speelal service required.
It any work designed or speolfled by the Arehlteot is
abandoned or suspended, in whole or in part, the Arohltect is
to be plaid for the service rendered on account of Its
4, PAYMENTS, P,4mente to the Architeot on account
of his fee shall be made as follows, Albeit to the provisions
of ArtIcle 3$
Upon completion of the preliminary studies, a sum equal
to 25% of the basic rate eomputed upon a reasonable e, timated
cost.
During the period of preparation of specifications and
general working drawings monthly payments sgRreRfiting at the
-2-
E781 19
THIS AGREEMENT made the //4244"" day of
in the year Nineteen Hundred and nifty Six bY and teen CITE
AND COUNTY DETENTION AND WORKHOUSFC FACILITY CnMN/1-SIoN or THE
COUNTY 0V RAIVEY AND CITY OF 14INT PAUL, hereinafter called the
Owner, Ind 111:TTENBURG, TOYNSEND* STOLTE AND CO. B* hereinafter
called the Architect*
aTNKSSETH* that whereas the Owner intends to erect
a Juvenile detention facility which will house approximetely
twenty.five ( 5) juveniles, both male and female* hereinafter
called the Work*
NOw* THICREFORX,. THE Owner and the Arebiteot, for the
consideration's hereinafter named* agree as folic-well
The Architect agrees to f—rform, for the abovegonamed
Work* proreselonal eervioee as hereinafter 00% forth,
The Owner agrees to pay the ArChiteot for such
services a fee of six Per cent (6%) of the cost Or the Works
with other payment, and reimbursements as hereinafter provided*
the said peroentage being hereinafter called the Basle Rate*
The parties hereto further agree to the following
conditional
1. THE ARCHITECT'S SERVICES. The Architect's
Professional services consist of the neCessary eonferencee*
the preparation of prellmInarY studies, working drsvingss
apeoifiestions* large scale and full else detail drawings* for
architectural, structural* olueibing* heating* eleetrisal* and
other mechanical work; assistance in the drafting of form-, of
proposal* and contracts; the issuanee of certirleates of
1-78/ 19
10. 31100ESSOVS AND AdS/OHMTNT%. The Owner and the
Architeot each blade itselro its partners, successors legal
representatives, and assiss to the other party to this agree.
ment, and to the partners, sueoessors, legal representatives
and aasigns of suoh other party in respeot or ell covenants
or this agreement.
Except as above, neither the Owner nor the Arohlteot shall
&assign, sublet or transfer its interest in this agreement
without the written consent of the other.
214. ARBITRATION. All questions in dispute under
Shin agreement obeli be Submitted to arbitration at the chola*
or either part y. in amoordance with the prceleinne, then
obtaining, of the titandard Porn of Arbitration Procedure of
the Amerioan Institute or Architects.
THE Owner and the Architeot hereby agree to the full
performance or the covenant* oontained herein.
U/ISTS3 whEntar they have executed this agriftnento
the day and year first above written.
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