178281 . • ��
Original to 6Itr Clerk 178281
CITY OF ST. PAUL COE NCIL NO.
OFFICE OF THE CITY CLERK 1
CO -NCIL RESOLUTION-GENERAL FORM _: �� 4 r
PRESENTED BY / ���� tde.,,r V *.:
COMMISSIONE' d - .I nu�� �� DATF - -i,u 3as .nr• .
40'9 t
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 them by the Commission at a regular meeting of said
Commission, held on June 1, 1956, entered into an agreement with the architectural
firm of Ray R. Gauger, doing business as Ray R. Gauger and Company, in which said
contract the Commission has employed the services of said architect to perform
provisional services relative to the Commission's proposed workhouse facility;
and,
WHEREAS, such employment of architects is in accordance with Section 10 of
Chapter 353, Session Laws of Minnesota for 1955; and,
WHEREAS, said Section 10 provides that "All such contracts and employments shall i
be subject to approval by the City Council and the 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.
1219'56
COUNCILMEN Adopted by the Council 195_
Yeas Nays
juti 121956
_Halvorson a 'proved 195—
Holland
Marzitelli In Favor ,o∎A A ,
Mortinson
Mayor
Peterson Against
0
Mr. President, Dillon PUBLISHED ‘—/6 s
5M 6-55 .01102
178281
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defects and deficiencies in the work Of t 'set s t but he
does not guarantee the rforane of their contract*. The
general supervision of the Architect is to be distinguished
from the contin +us on-site inspection of a clerk-of-the-works.
When authorised by the fir, a clerk-of-the-works
acceptable to both Owner and Architect shell be engaged by the
Architect at a salary setisfsctory to the Cheer end paid by the
Owner, upon presentation of the Architect's monthly statements.
7. PRELIMINARY Y ESTIMATES. when requested to do so
the Architect will furnish preliminary, estimates on the cost of
the Work, but he does nit guarantee s h estimates.
a. Deprwriaoucw THE COST OF THE * The cost of
the Work, as herein referred to, neene the collt to the owner*
but such cost shel.l. not duds say tette s or Special
sultantts fees or re ursememe Or the Cost Of a clerk-Of
works.
When labor or material is furnished by the Owner below
its market cost the cost of the work shall be computed upon such
market cost.
9. OWNERSHIP or DOCUMENTS. Drawing* and speeificetions
as instruments Of service are the property of the Architect, whether
the work for which they are made be executed or not, and are not
to be used On other werk except by egr. nt with the Architect.
tect.
On the c000letiOn of the project, the Architect shall.
furnish the Owner with three (3) cOpios of all drawings and spacio.
ficatie e, whiCh thee Owner meet )01. witobd millslY tor the
mointinance# repair ormodifiCetiOA Of building.
10, SUCCESSORS ASSIGNMENTS, The o Ownor end the
Architect* each binds itself, its partners* successors 110041
of the rate or rates of commission *rising from this agreement,
computed upon s reasonable cost estimated on such completed
specifications and drawings, or if bids have boo received,
then computed upon the st bone fide bid or bids.
Prom t to time during the execution ofweek and
in, proportion to the summit of service rendered by the Architect
payments shall be mode. 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 of commission arising from this agreement,
computed upon the final .cost of the Wes.
Payments to the Architect, other then those en his
fee, fall due from. time time as his work is done or as costs
are incurred.
No deductions shell be made from the Arthitectos fee
on account of penalty, liquidated damages, or other sums withheld
from payments to contractors.
5, SURVEY, 1 c'38 AND TESTS. The der shall, so
far as the work under this agreement may require, furnish the
Architect with the fe g inf tiOn a A complete end
accurate sure o f the Wilding site, gives the Strode* and
linos Of streets, Asvementsp and ed4einina prOpertloss the
rights* restrictions, emtemehtes bOunderiesit and contours
the building site, and full info as to sewer, water, gas
and electrical service, The Owner is to pay for rings or test
pits and for chemical, mechanical, or other tests when required.
6. SUPERVISION OP THE WORK. The white t will
endeavor br general superviAten to guard the er against
».3..
2. REIMBURSEMENTS. T Owner is to reimburse the
Architect for the costs Of transportatiOn and living incurred
by him and his assistants while traveling in discharge of duties
connected With the Work, the cost of *11 reproductions of draw*
ings. the Cost of any special consultants other than for normal
plumbing, heating, electrical* and other mechanical work, and
other disbursements on his account *proved by the Owner.
Prior approval by Owner is necessary before expenditures herein
listed are incurred.
3* EXTRA SERVICES AND SPECIAL CASES, If the
Architect is caused extra drafting or other expense due to
changes ordered by the 0100r. or duo to the delinquency or
insolvency of the Owner or Contractor. Or as result of dosage
by fire, he shall be equitably paid for such extra expense and
the service involved.
Work let on any oeSt-plus basis shall be the subject
of a special charge in *404Prd with the speciel service required*
If any work designed or speolified by the Architect is
abandoned or suspended, in whole or in part. the Architect is to
be paid for the service rendered on account of it.
4. PAYMENTS. Payments to the Architect on account
of his fee shall be made as follows, subject to the provisions
of Arti414 3:
Upon CoMpletion of the preliMinary studies, a sum equal
to 25g of the basic rate COMputod upen a reasonable estimated cost.
During the period of preparation of specifications and
general working drawings Monthly payments aggregating at the
completion thereof a UM sufficient to inoresse payments to 75%