D002649Wlrite- City Clerk
Pink- Finance Department
Canary Depariment
CITY OF SAINT PAUL
Office of the Mayor
I_�17uO�IF.�Y 7�111\+I9T�7:717�1;7
No: Db0 2-� ��
Date: �� -�l �
ADMINISTRATIVE ORDER, In the matter of that certain contract lmown as Job No. 02-13923-C
for architectural and enEineerin� services for remodel of heated stora�e building # lO located at
451 Burgess Street City Project No. 02-13923-C,
Sunsource Architects, Contractor, the specified date of completion is Mav 22, 2006 and the
Contractor is requesting that this date be extended to Januarv 31, 2008 to allow for the time to complete
the work under this Agreement in conjunction with the work to be completed for another project:
Remodel of Cold Storage Building #Z These two projects will be put out to bid simultaneously
(See attached reauest from Sunsource Architects)
and it is
ORDERED, That the City of Saint Paul, through its Mayor, extends the specified date of completion
to Januarv 31, 2008, and it is
FURTE�ER ORDERED, That the City of Saint Paul hereby does waive claim for liquidated
damages on this pro�ect.
APPROVED AS TO FORM:
`�v /i SGc-- �JI • d�
Assistant ity Attorney Date
C `.�-� 7
Department Hea ate
��n�. �i�i� `�'G �riD�
Administrati e Assistant to Mayor Date
Page 1 of 1
Lucy Zender - Fwd: Agreement #02-13923-C �� � �
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From: Susan Feuerherm
To: Zender, Lucy
Date: 3/30J2007 10:56 AM
Subject: Fwd: Agreement #02-13923-C
o se g' me d' ecti t'�
»> "John Oehlke" <sun.source@earthlink.net> 3/30/2007 10:53 AM »>
Hi Susan,
Yesterday, I signed and returned the Agreement for the completion of Remodeling to Cold Storage Building
#7. Last year we stopped work on Agreement #02-13923-C for the Remodeling to the Warm Storage Building
prior to bidding the Project so that we could bid it at the same time as we bid Cold Storage Building #7.
Agreement #02-13923-C is due to expire on May 22, 2007. I respectFully request that you amend this
termination date to January 31, 2008 to allow for the time to complete the work under this Agreement in
conjunction with the work to be completed for Cold Storage Building #7. Thank you for your time and
consideration in this matter.
Sincerely,
John Oehike
Sunsource Architects
file://C:�Documents and Settings\lucyz\Local Settings\Temp�XPgrpwise\460CECCCmaildp... 4/2/2007
DOb�-��j
Agreement # 02- \ 3�a 3 -C
Between the City of Saint Paul and Sunsource Architects
THIS AGREEMENT, made and entered into this 22th day of May 2006, by and between the
City of Saint Paul, Minnesota, a municipal corporarion under the laws of the State of Minnesota,
hereinafter referred to as "City," and Sunsource Architects, whose address is 5734 G�eld
Avenue South, Minneapolis, MN 55419, hereinafter refened to as "Consultanf."
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 agees to provide azchitectural and engineering services for construction
documents and construction administration for Remodeling of Heated Storage
Building #10 at the City of Saint Paul Department of Public Works Facility, 451
Burgess Street, Saint Paul, MN., as described in its proposal dated April 17, 2006
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. Construction Document Phase
2. Bidding Phase
3. Construction Phase
4. Additional Services
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 yeaz
_from. the_effective date of this Agreement.
B. Consultant shall not proceed with any task without specific authorization from the
Project Manager designated by the City.
C. In the event that there aze 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 for Consultant's faithful performance of this A�eement, the City hereby agrees
to compensate Consultant in the amount(s) and according to the schedule that follows.
1. Construction Document Phase 75%
2. Bidding Phase �%
3. Completion of Construction Document Phase 20%
6. Additional Services requested by Owner at $95.00 hour for Architectural Services
and hourly basis for Structural and Electrical Engineering Services at Attachxnent 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
[�DD�I���
B. Mileage to and from Project site @ current IRS rate.
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 $13,680.00 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 chazges 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 maj or 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 equaliy qualified individuals or without the prior written approval of the
City is grounds for termination of the Agreement by the City. ConsultanYs principal project
members are:
John Oehlke, R.A. of Sunsource Architects _
John Killeen, PE, LKPB, Inc. Electrical Engineer
B. The City has designated Gary Erichson as the Project Manager for this Ag�eement,
and the individual to whom all communications pertaining to the Agreement shall be addressed.
The Project Manager shall have the authority to transmit instnzctions, receive information, and
interpret and define the City's policy and decisions pertinent to the work covered by this
Agreement.
SECTION 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.
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
ConsultanYs 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.
�6� a���
"Business records" shall mean any books, documents, papers, account records and other
evidences, whethec 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
ConsultanYs services under this Agreement shall be delivered to the City and shall become the
property of the City after 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
incuned 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 Government Data
Practice Act , and in particular Minn. Stat.§§ 13.05, subd. 6 and 11; and 1337, subd. 1(b) and
Minn. Stat §§ 138.17 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 govemmental entity. The remedies in Minn.
Stat. § appiy to the Consultant. If any provision of this Ageement 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 will 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 are employed
and employees are treated during employment without regard to the same.
This provision shall include, but not be limited to the following: employment, upgradin�,
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 a�ency of such governmental
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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 work 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 perforxning 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
$1,000,000
$2,000,000
each occurrence
aggregate
b) Property Damage
$1,000,000
$2,000,000
each accident
aggregate
c) Policy must include an"all services, products, or completed transactions"
endorsement.
2. Automobile Insurance
a) Bodily Injury $ �50,000 per person
$1,000,000 per accident
b) Property damage not less than $50,000 per accident
3. Worker's Compensation and Emplover'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; $500,000 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
4
D � � �-(P �
a) $1,000,000 per occurrence
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 lunited 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 proj ect is approved and the proj ect
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.
SECTION 13. Hold Aarmless.
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 character 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
carcying 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
���a���
City nor the Consultant will assign oz transfer their interest in this Agreement without the
written consent of the other.
SECTION 15. Terminarion.
A. This Agreement will continue in full force and effect until completion of the project as
described herein unless either party tenninates 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 Consuttant 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, after 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
Agreement shall be valid only when reduced to writing 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 shall be delivered in person or deposited in United States Certified Mail, Retum
Receipt Requested. Any notices or other communications shall be addressed as follows:
� b02-��'j
Ta c�ty:
Gary Erichson
Department of Public Works
873 North Dale Street
Saint Paui, MN 55155
SECTION 19. Waiver.
To Consultant :
John Oehlke
Sunsource Architects
5734 Garfieid Avenue South
Minneapolis, MN 55419
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 Agreement's provisions.
SECTION 20. Survival of Obligations.
A. The respective obiigations 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 proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall 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, nuclear 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.
��6���q
IN WI"I'I3ESS WFiEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
For the City of Saint Paul:
Approved as to form:
�,s� � �
Assistant City Attorney
Execute .
Director, Office f Financial Sery��
f t���
Deparhnent Director Signature
Funding: �
�
Activity # and Ac" vity Manager Signature
l'zc- .�aS- ��3! (� - D 8 �1�
For Consultant:
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/1%ul .� � - -
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.. - 1� j ' � �!
Prepazed by: Susan FeuerhermlCAS/5-19-06
�� � �b a �y�
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
i p�l/ -PUblic works
ConWCt Person & Phone:
Gary Erichson
292-6600
Must Be on Council Agen
Doc. Type: OTHEF ADMINISTR4TIVE OF
E-Document Required: N
DocumeniConWCt: GaryErichson
Contact Phone: 292-6600
Total # of Signature Pages _(Clip All Locations for Signature)
30-MAR-07 ; Green Sheet NO: 3038280
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A55ign � 1 � blic Worics � G Erichson � � °� — ���
Number � Z blic Works I Brnce Beese a�3 � J
For
Routing I 3 'LtitvAtmmev � LisaVeit6 I� I
Order I 4 Mavor's OtTice I MavoPs O�ce ���i�
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� 5 ity Clerk City Clerk
Approval of Administrative Order for Contract Time Extension'to provide architectural and engineering services regazding Remodel
of Heated Storage Building #lO located at 451 Burgess St (Agreement #02-13923-C, Sunsource Architects)
idauons: Approve (A) or H
Planning Commission
CIB Committee
Civil Service Commission
MUSI HfISWEI
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a ciry employee? _
Yes No
3. Does this pereon/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Additional time is required to complete the project as shated in the attached email requesC from Sunsource Architects dated 3Y30/07.
I
i �� -- --- __ __ _ ... . .
�� Ativantages If Approvetl:
� Additional time is required to complete work under this agreement in conjunction with another remodel project on Building #7. The
j two jobs can be bid out together.
Disadvantages If Approvetl:
None
I Disadvantages If Not Approvetl:
�', Time extension to complete the required azchitectural and engineering services will not be authorized.
w�ai samouni o� $O
Transaction:
Funding Source: �
Financial Information:
(Explain)
Cosi/Revenue Budgeted:
nctivity Number: p25-42316-0899
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