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D002568White- City Clerk Pink-Finance Depathnent • Canary Department CITY OF SAINT PAUL Office of the Mayor ADNIIl�TISTRATIVE ORDER rro: I� l� b��l� Q Date: � 6'�� ADMINISTRATIVE ORDER, In the matter of that certain contract lmown as Job No. 02-13441-C for architectural and en�ineerin� services for construction of a Salt Storaee Building located at 873 North Dale Street City Pro}ect No. 02-13441-C. Sunsource Architects, Contractor, the specified date of complerion is Mav 5. 2006 and the Contractor is requesting that this date be extended to November 30, 2006 because constructron was put on hold in December due to cold weather which resulted in a delay of the construcfion schedule now due to resume in May of 2006. • jSee attached request from Sunsource Architectsl and it is ORDERED, That the City of Saint Paul, through its Mayor, extends the specified date of completion to November 30, 2006 , and it is FURTHER ORDERED, That the City of Saint Paul hereby does waive claim for liquidated damages on this project. � �� .6 Deparhnent Head ate /,,� � APPROVED AS TO FORM: . Susan Feuerherm, 09:21 AM 2/28/2006, Fwd: Amendment to Agreement #02-13441-C Page 1 of 1 b�o a-�:� X-Mailer: Novell GroupWise Internet Agent 6.5.5 • Date: Tue, 28 Feb 2006 09:21:45 -0600 From: "Susan Feuerherm" <Susan.Feuerherm@ci.stpaul.mn.us> To: "Lucy Zender" <Lucy.Zender@ci.stpaul.mn.us> Subject: Fwd: Amendment to Agreement #02-13441-C Lucy: Could you take care of this please? S. »> "John Oehike" <sun.source@earthlink.net> 2/28/2006 8:23 AM »> Hi Susan, As you may know, the construction of the Salt Storage Building was put on hold in December due to cold weather and is scheduled to resume construction again in May of 2006. Our Agreement #02-13441-C for architectural and engineering services with the City of St. Paul is due to expire on May 5, 2006. I respectfully request that you prepare an amendment to our contract that will extend the termination date of this Agreement to November 31, 2006 to ensure that we will have adequate time to complete the perFormance of our services under this Agreement. Thank you for your time and consideration in this matter. John Oehlke Sunsource Architects C� • Printed for Lucy Zender <Iucy.zender@ci.stpaul.mn.us> 2/28/2006 [�DD�s�B Agreement # 02- `3�,k' ,\- Q— Between the City of Saint Paul and Sunsource Architects • May 5, 2005 THIS AGREEMENT, made and entered into this 5`�' day of Mav, 2005, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Sunsource Architects, whose address is 5734 Gazfield Avenue South, Minneapolis, MN 55419, hereinafter referred to as "Consultant." The City and Consultant , in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: � SECTION 1. Scope of Services. A. Consultant agrees to provide azchitectural and structural engineering services for construction of a Salt Storage Building at the Department of Public Works Maintenance Facility, 873 North Dale Street, Saint Paul, MN as described in its proposal dated March 21, 2005, which is incorporated herein as Attachment A. The specific tasks, deliverables, time lines, etc. that make up these services are as follows: B. Project Phases 1. Design Phase 2. Design Development Phase 3. Construction Document Phase 4. Bidding Phase 5. Construction Phase • C. City Responsibilities: 1. Furnish an electronic file of a legal survey clearly defining property lines, Site dimensions, topography, existing site utilities and adjacent buildings 2. Provide a soil exploration report for use by the Structural Engineer 3. Furnish and install sub-base and bituminous surfacing in the building 4. Furnish and install desirable electrical fixtures SECTION 2. Time For Completion. A. The services rendered by Consultant shall be commenced upon execution of the Agreement and notification by the City to proceed and will be completed in accordance with the schedule mutually agreed upon with the City which follows, but no later than one year from the effective date of this Agreement. B. Consultant shall not proceed with any task without speciiic authorization from the Project Manager designated by the City. C. In the event that there are delays caused by actions of the City or which may be reasonably requested by the Consultant which can change the completion date, Consultant shall request an extension of time for completion of the project. The Project Manager will review the request and may grant to the Consultant such extensions of contract time as may be reasonable. • SECTION 3. Billings and Payment. A. That far ConsultanYs faithful performance of this Agreement, the City hereby agrees to compensate Consultant in the amount(s) and according to the schedule that follows. DOe�-�� 1. Completion of Design Phase 15% • 2. Completion of Design Development Phase: 20% 3. Completion of Construction Document Phase 40% 4. Completion of Bidding Phase 5% 5. Construction Phase 20% " 6. Additional Services requested by Owner at $90.00 hour for Architectural Services And hourly basis for Structural Engineering Services at Attachment A. 7. Reimbursable Expenses aze to be billed at direct expense and shall include the Following: A. Photocopying and plotting of all drawings and printed materials B. Mileage to and from Project site @.40 per mile B. The above amounts shall fully compensate Consultant for all work and associated costs. The City will honor no claim for services and/or costs provided by the Consultant not specifically provided for in this Agreement. Total costs for the project shall not exceed $34,500 plus approved reimbursable expenses. C. Consultant shall submit an itemized invoice monthly to the Project Manager. Upon receipt of the invoice and verification of the charges by the Project Manager, the City shall make payment to Consultant within thirty (30) days. D. In the event the Consultant fails to comply with any terms or conditions of the contract or to provide in any manner the work or services as agreed to herein, the City reserves the right • to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. SECTION 4. Project Management. A. The City requires the Consultant to assign specific individuals as principal project members and to assure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Consultant's principal project members are: John Oehlke, R.A. of Sunsource Architects Dave Macdonald, P.E. of Mattson/Macdonald, Inc. Bill Wolters, Constructive Ideas, Inc. B. The City has designated Gary L. Erichson as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. SECTTON 5: City Responsibilities. • A. The City agrees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consultant to complete the work described herein. r--- � j� DD a-� �g SECTION 6. Work Products, Records, Dissemination of Information. • A. For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. , "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Consultant's services under this Agreement. "Supporting documentation " shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other forma, belonging to Consultant and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the Consultant's services under this Agreement shall be delivered to the City and shall become the property of the City afrer final payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesting in Consultant . C. The Consultant agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without • prior knowledge and written consent of the City. D. In the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Consultant under this Agreement, shall be delivered to the City by Consultant by the termination date and there shall be no further obligation of the City to Consultant except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The Consultant agrees to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. Consultant agrees to abide strictly by Chapter 13 ,Minnesota Govemment Data Practice Act , and in particular Minn. Stat.§§ 13.05, subd. 6 and 1 l; and 1337, subd. 1(b) and Minn. Stat §§ 13817 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Consultant in performing functions under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act and Consultant must comply with those requirements as if it were a governmental entity. The remedies in Minn. Stat. § apply to the Consultant. If any provision of this Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota state laws, state law shall control. • SECTION 7. Equal Opportunity Employment. A. Consultant wiil not discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional ►�� '� orientation, national origin, ancestry, familial status, age, disability, marital status, or status with �', regard to public assistance and will take affirmative steps to ensure that applicants aze employed and employees aze treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. SECTION 8. Compliance With Applicable Law. A. Consultant agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which aze now or hereafter promulgated insofar as they relate to the ConsultanYs performance of the provisions of this Agreement. It shall be the obligation of the Consultant to apply for, pay for, and obtain all permits and/or licenses required. SECTION 9. Conflict of Interest. A. Consultant agrees that it will not contract for or accept employment for the performance of any wark or services with any individual, business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. B. ConsultanYs acceptance of this Agreement indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code: "Except as permitted by law, no City official or employee • shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that, should any conflict or potential conflict of interest become known, Consultant will advise the Purchasing Systems Manager of the situation so that a determination can be made about ConsultanYs ability to continue performing services under the Agreement. SECTION 10. Insurance. A. Consultant shall be required to carry insurance of the kind and in the amounts shown below for the life of the contract. Insurance certificates should state that the City of Saint Paul, its employees and officials are Additional Insureds. A cross suits endorsement shall be provided to the benefit of the City. 1. Public Liabilitv Insurance a) Bodily Injury b) Property Damage • $1,000,000 $2,000,000 $1,000,000 $2,000,000 each occurrence aggregate each accident aggregate c) Policy must include an "all services, products, or completed transactions" endorsement. 2. Automobile Insurance a) Bodily Injury $ 750,000 per person $1,000,000 peraccident �/I i '� b) Property damage not less than $50,000 per accident • 3. Worker's Compensation and Emvloyer's Liabilitv a) Worker's Compensation per Minnesota Statute b) Employer's Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $SOQ000 per disease policy limit. c) Contractors with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the City with a letter verifying their number of employees. 4. Professional Liabilitv Insurance a) $1,000,000 per occunence b) $2,000,000 aggregate 5. General Insurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certificates of insurance shall provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any material changes in the policy; including, but not limited to, coverage amounts. Agent must state on the certificate if policy includes errors and omissions coverage. • b) The Consultant shall not commence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extension periods. c) The City reserves the right to review Contractor's insurance policies at any time to verify that City requirements have been met. d) Nothing shall preclude the City from requiring Contractor to purchase and Provide evidence of additional insurance. e) Satisfaction of policy and endorsement requirements for General Liability and Auto Insurance, of "each occurrence" and "aggregate" limits, can be met with an umbrella or excess policy with the same minimum monetary limits written on an occurrence basis, providing it is written by the same insurance carrier. SECTION 11. Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes within the scope of the Agreement, the relationship of the Consultant to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Consultant an employee of the City, and Consultant shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. • SECTION 12. Subcontracting. A. The Consultant agrees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. �ii, �: • SECTION 13. Hold Harmless. A. The Consultant shall indemnify, save and hold harmless, protect, and defend the City, its ofFicers, agents, and employees from all claims, actions or suits of any chazacter brought for or on account of any claimed or alleged injuries or damages received by any person or property, including the City, resulting from any act or omission by any person employed by Consultant in carrying out the terms of this Agreement. SECTION 14. Assignment. A. The City and the Consultant each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Consultant will assign or transfer their interest in this Agreement without the written consent of the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as described herein unless either party terminates it at an earlier date. Either party to this Agreement may terminate it by giving no less than thirty (30) days written notice of the intent to terminate to the other party. B. With Cause. The City reserves the right to terminate this Agreement if the Consultant violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under • this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or terminate under this Section, it shall submit written notice to the Consultant , specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the terminated portions of this Agreement. C. In the event of termination, the City will pay Consultant for all services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant will deliver all work products and supporting documentation developed up to the time of termination prior to the City rendering final payment for service. SECTION 16: Default by Consultant. A. In the event Consultant fails or neglects to comply with any term or condition of this Agreement or to provide the services stated herein, City shall have the right, afrer written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 17. Amendment or Changes to Agreement. A. City or Consultant may request changes that would increase, decrease, or otherwise • modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this �j o�� Agreement shall be valid only when reduced to cvriting and duly signed by the parties. • C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment; modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. A. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shali be delivered in person or deposited in United States Certified Mail, Retum Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Gary L. Erichson, P.E. Department of Public Works 873 North Dale Street Saint Paul, MN 55103 � � To Consultant : John Oehlke Sunsource Architects 5734 Garfield Avenue South Minneapolis, MN 55419 SECTION 19. Waiver. A. Any fault of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this AgreemenYs provisions. SECTION 20. Survival of Obligations. A. The respective obligations of the City and Consultant under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. B. If a court or governmental agency with properjurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, sha11 terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. A. Neither the City nor the Consultant shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nucleaz or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. • • C�O� �� IN WIT'NESS WHEREOF, the parties hereto are authorized sia atories and have executed tkais Aa eement, the day and year first above written. For the City of Saint Paul: Approved as to form: b � � O , �� Assistant City Attomey For Consultant: � . �� %,� / - l� � • � Taxpayer ID: �4 - �4 - � ��,p Funding: �` S — 5 — d � Activity # and Ac vity Manager Signature G� a.as-�-l�3t� -�� Prepazed by: Susan Feuerherxn/CAS/4-12-OS � Department Director Signature •� , 5 ..: �a��(� g � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet —r�oi« wo� Contact Person & Phone: Gary Erichson 292E600 Must Be on Council /�qenda by ContractTypec AO-0THER ADMINISiRATNE ORDER �ate Iniliated: 28-FEB-06 � ' Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3029857 Deoarhnent SentToPerson IniFiaUDate 0 1 �Public Works I Gazv N;richw �1Y 2 - blicWork �DnarhnentDirecWr 3 ' Attorne Lisa Veifh 4 ' (H'6ce Mavor's OFfice 5 ' Clerk Ci Clerk Action Requested: Approval of Administrative Order for Contract Time Extension to provide azchitectural and engineering services regazding construction of the Salt Storage Building located at 873 North Dale St (Agreement #02-1344YC, Sunsource Architects) Recommendations: Appro�e (A) or Reject (R): Pfanning Commission CIB Committee _ CiNI Sen.ice Commission Personal Service Contracts 1. Has this persoNfirm e�er worked under a contract for this depaRment? Yes No 2. Has this persoNfirtn eeer been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Additional time is required to complete the project as stated in the attached email request from Sunsource Architects dated 2/28/06. AdvanWges PFApproved: Additional time required to perform architecNral and engineering services for the construction of this buil will be added to this contract and will be authorized REGC�U Disadvantages IfApproved: None MAYOR'S OFFICE DisadvanW qes If Not Approved: Time extension to wmplete the required architectural and engineering services will not be authorized Total Amount of $� Trensaction: Funding Source: 0 Financial information: � (Explain) CosHRevenue Budgeted: ActivityNumber: �5..423160899 �p,� p g 20ofi �� L.t�n� - February 28, 2006 3:33 PM Page 1 :d>