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02-13-07 Regular CITY OF RICHFIELD, MINNESOTA TUESDAY, FEBRUARY 13,2007 ********************************************************************************************************** SPECIAL CITY COUNCil WORKSESSION RICHFIELD CITY HAll COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:45 P.M. Call to order Roll call 5:45 -'- 6:20 p.m. . 1. Discussion regarding Greater Southdale Area Land Use and Transportation Study (Council Memo No. 24) Adjournment ********************************************************************************************************** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of January 17, 2007; (2) Special City Council Worksession of January 17, 2007; (3) Special City Council Worksession of January 19,2007; (4) Special City Council Worksession of January 23,2007; and (5) Regular City Council Meeting of January 23, 2007 . PRESENTATIONS 1. Presentation of 2006 Richfield Police Officer of the Year Award to Joseph Edwards (Council Memo No. 25) Notes: 2. Presentation of Certificate of Appreciation from Richfield Public Safety Department to . Jody Kivi (Council Memo No. 26) . Ann Marie Kilstofte (Council Memo No. 27) Notes: 3. Presentation by Metropolitan Council Environmental Services regarding Edina/Richfield Interceptor Improvement Project (Council Memo No. 31) Notes: COUNCIL DISCUSSION 4. Council discussion . Hats Off To Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. Consent Calendar contains several separate items, which are acted upon by th City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be, removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of ordinance amendment to Richfield Zoning Code Subsections 546.03 and 546.09 to allow City Council to hear and decide requests for variances when processed in conjunction with another planning and zoning request that requires Council approval and scheduling public hearing and second reading for March 13, 2007 S.R. No. 38 B. Consideration of approval of first reading of ordinance amendment to Richfield City Code Subsection 205.01 related to regular City Council meetings and scheduling second reading for February 27,2007 S.R. No. 39 C. Consideration of approval of confirmation of City Manager's reappointment of Connie Murray and Paul Wasko to two-year terms as Hearing Examiners S.R. No. 40 D. Consideration of approval of resolution authorizing Public Safety Department acceptance of Justice Assistance Grant from U.S. Department of Justice, Office of Justice Programs in amount of $16,647 S.R. No. 41 E. Consideration of approval of resolution authorizing Public Safety Department acceptance of grant not to exceed $2,800 from State of Minnesota, Commissioner of Public Safety, State Patrol Division for payment of overtime for officers involved in Operation NightCap traffic enforcement S.R. No. 42 F. Consideration of approval of resolution authorizing reprogramming of $26,598 in Community Development Block Grant funding from Greater Minneapolis Daycare Association to Jewish Family and Children's Service of Minneapolis S.R. No. 43 G. Consideration of approval of 2007 contract with City of Bloomington using public health emergency preparedness grant funds to provide services of public health emergency preparedness/bioterrorism and development of response system S.R. No. 44 H. Consideration of approval of bid/minutes tabulation and authorizing purchase of fire rescue vehicle from Rescue Vehicles of Iowa, Inc. in amount of $202,771 S.R. No. 45 I. Consideration of approval of purchase of tandem dump truck for use by Street Maintenance Division consisting of chassis from Astleford International Trucks in amount of $73,345.49 and box and chipper cover from J-Craft in amount of $41 ,687.30 for total of $115,032.79 S.R. No. 46 J. Consideration of approval of new taxi license for Transportes Xelaju, 12501 Skyline Drive, Burnsville S.R. No. 47 K. Consideration of approval of 2007 renewal of business licenses for 3.2 percent liquor sales and 2007 license renewals to operate businesses in Richfield: S.R. No. 48 License to Sell 3.2 Percent Malt License to Operate in Richfield Liauor A New Star Limousine & Taxi Service - 3 Airport Bowl - On-Sale vehicles Aldi Foods - Off-Sale Airport Taxi - 11 vehicles Davanni's Pizza - On-Sale Azteca Van Lines, Inc. - 2 vehicles EI Jalapeno - Off-Sale Ecuadorian Express - 5 vehicles Kwik Way Foods - Off-Sale Latino Express - 1 vehicle Lariat Lanes - On-Sale Morelos Taxi - 5 vehicles RBF Corporation of Wisconsin Suburban Taxi Corporation - 20 vehicles (Rainbow Foods) - Off-sale Paul's Rentals & Sale - Trailers and Trucks Richfield Mobil Mart - Off-Sale Rental Sandy's Tavern - On-Sale SuperAmerica #4186 - Off-Sale SuperAmerica #4188 - Off-Sale SuperAmerica #4191 - Off-Sale SuperAmerica #4615 - Off-Sale Vina Restaurant - On-Sale Worldwide Supermarket - Off-Sale Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 8. Consideration of first reading of transitory ordinance providing expenditure of funds from Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 13, 2007 Staff Report No. 49 Notes: PUBLIC HEARINGS 9. Public hearing regarding resolution authorizing amendment to conditional use permit to allow day care services for up to 130 children at 7145 Harriet Avenue; Richfield Central School Staff Report No. 50 Notes: 10. Public hearing and second reading of transitory ordinance authorizing sale of property at 7201 Nicollet Avenue to HRA for affordable home development Staff Report No. 51 Notes: 11. Public hearing regarding resolution denying amendment to conditional use permit to allow reconfiguration of existing service station/convenience store at 6744 Penn Avenue Staff Report No. 52 Notes: 12. Public hearing regarding resolution authorizing use of funds for 2007 Urban Hennepin County Community Development Block Grant Program Staff Report No. 53 Notes: RESOLUTIONS 13. Consideration of resolution approving amendment to 2007-08 labor agreement between City of Richfield and International Association of Firefighters, Local 1215 Staff Report No. 54 Notes: 14. Consideration of resolution for "No Parking" on both sides of Richfield Parkway, 66th Street and 18th Avenue, for construction of Richfield Parkway and 66th Street roundabout Staff Report No. 55 Notes: 15. Consideration of resolution ordering construction of Richfield Parkway and 66th Street intersection improvements Staff Report No. 56 Notes: 16. Consideration of resolution establishing just compensation and authorizing purchase of partial right-of-way takings needed to complete 66th Street and Portland Avenue intersection project located at 6600 Fifth Avenue, 6601 Fifth Avenue and 6601 Fourth Avenue Staff Report No. 57 Notes: OTHER BUSINESS 17. Consideration of proposed layout change for 66th Street and Portland Avenue intersection reconstruction project with acquisition of additional single family property Staff Report No. 58 Notes: 18. Consideration of approving plans and specifications for Richfield Parkway and 66th Street improvement project, City Project 41410, and authorizing staff to advertise for bids Staff Report No. 59 Notes: 19~ Consideration of purchasing construction management services from Short, Eliot, Hendrickson (SEH) for $285,000, not including reimbursable expenses, and approving use of SEH to provide construction administration services for fee not to exceed $132,000, not including reimbursable expenses, for proposed maintenance facility Staff Report No. 60 Notes: CITY MANAGER'S REPORT 20. City Manager's report Notes: 21. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 22. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6A 38 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a first reading of an amendment to Richfield Zoning Code Section 546 to allow variances processed in conjunction with another application to be heard and decided upon by the City Council. I. RECOMMENDED ACTION: By Motion: Conduct a first reading of the attached Ordinance amendment to Richfield Zoning Code Subsections 546.03 and 546.09 to allow the City Council to hear and decide requests for variances when processed in conjunction with another planning and zoning request that requires Council approval and schedule a public hearing and second reading for March 13, 2007. I II. BACKGROUND I Historically the City Council has granted de facto variances as part of the regular approval process for other planning and zoning related requests, such as conditional use permits. For example, many redevelopment sites are unable to comply with the impervious surface requirements of the Code. The Council has, on occasion, approved site plans that do not meet these requirements when it has found that the intent of the Ordinance is met. Acting as the Board of Adjustments 021307 - 1st Reading Amendment re: variances and Appeals, the Council does have the power to hear and decide variances; however, the Code currently states that this should only occur upon the expiration of the authority of the Hearing Examiners. The proposed Ordinance amendment will allow the Council to continue to act upon cases in the manner in which they have been doing. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The recommended Ordinance amendment will allow the Council to hear and decide requests for variances when they are processed in conjunction with another planning and zoning request that requires Council approval. I B. CRITICAL ISSUES I . As currently written, the Code requires that every request for a variance be heard by the Hearing Examiner. . The City Council has historically granted de facto variances through the site plan review process. . . The Hearing Examiner hears all variance cases that do not require additional approval from the Council. . If the Council chooses not to amend the Code, application processing will require additional staff time, an additional hearing, an additional fee for the applicant, and increased processing time. . Either the Ordinance or procedures should be changed as soon as possible to minimize the possibility of litigation. . The City Attorney recommends that the City act now to correct this issue, rather than wait until additional Code revisions are ready for consideration by the Planning Commission and Council. I C. FINANCIAL . N/A I D. LEGAL . Other Actions: o Planning Commission - The Planning Commission unanimously (6-0) recommended approval of this amendment at its January 22, 2007 meeting. o Effective date - If adopted by the City Council following a second reading and public hearing on March 13, 2007, the recommended changes will take effect 30 days after the approved resolution is published in the Sun Current newspaper. I IV. ALTERNATIVE RECOMMENDATION(S) I . Reject the motion to amend Richfield City Code Subsections 546.03 and 546.09 and require that all variance requests be heard before the Hearing Examiner. I V. ATTACHMENTS . Proposed amendment. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A (oA--( BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 546.03, SUBDIVISION 4; AND SUBSECTION 546.09, SUBDIVISION 3 THE CITY OF RICHFIELD DOES ORDAIN: Section. 3. Subsection 546.03, Subdivision 4 of the Richfield City Code is amended by adding new subpart after subpart (b), the new subpart to read as follows, and by now renumbering all following subparts accordingly. (c) to hear and decide variances to the literal provisions of the code when said variances are processed in coni unction with another planninQ and zoninQ application that requires the approval of the Council. _ Subsection 546.09, of the Richfield City Code is amended by adding a new Subdivision after Subdivision 2, the new Subdivision to read as follows, and by now renumbering all following Subdivisions accordingly: Subd.3. Consideration by Council. In the case of a request that requires both a variance approval and some other approval by the Council, the case can be referred directly to the Council for consideration in conjunction with said other request. No additional fee shall be required. All other requirements of Subsection 546.09 shall apply. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 13th day of March, 2007. . Section 1 Section. 2 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 021307 - 1st Reading Amendment re: variances AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6B 39 .... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: CORRlNE THOMSON, CITY ATTORNEY NAME, TITLE COUNCIL PRESENTER: . REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an ordinance amendment relating to regular meetings of the City Council; amendina Subsection 205.01 of the Richfield City Code. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached ordinance amendment relating to regular meetings of the City Council; amending Subsection 205.01 of the Richfield City Code and schedule secondreadina for February 27,2007. I II. BACKGROUND I At the January 23, 2007 City Council Worksession, the Council discussed changing the meeting time of the regular City Council meetings. The Regular City Council meeting start time was changed in January 2002 from 7 p.m. to 6:30 p.m. The council indicated that moving the starting time back to 7 p.m. would allow the City Council to conclude more work during Worksessions. I III. BASIS OF RECOMMENDATION I A. POLICY Richfield City Code requires that every ordinance receive two readings before the Council prior to final adoption. The code also states the procedure for adoption of ordinances and resolutions shall conform to the requirements of the City Charter. . Section 205, Subsection 205.01 of the Richfield City Code establishes regular meetings for the City Council. The current ordinance states regular Council meetings are held on the second and fourth Tuesdays of each month at 6:30 p.m. at the City Hall. lB. CRITICAL ISSUES I . A second reading is required for ordinance amendments. . A public hearing is notrequired by State law or City Charter. . If approved at second reading, the ordinance will be published in the Richfield Sun Current. I C. FINANCIAL I . Better utilization of staff and consultant resources will result in cost savings over time. I D. LEGAL . Nt A. I IV. ALTERNATIVE RECOMMENDATION(S) I . Defer action on the proposed ordinance to another Council meeting. . Do not approve first reading of the ordinance. . If action is not taken on this matter, the regular Council meetings will remain on the second and fourth Tuesdays of each month at 6:30 p.m. Iv. ATTACHMENTS . Ordinance. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. (P8~ l ORDINANCE NO. AN ORDINANCE RELATING TO REGULAR MEETINGS OF THE CITY COUNCIL; AMENDING SUBSECTION 205.01 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD ORDAINS: Section 1. Subsection 205.01 of the Richfield City Code is amended to read as follows: 205.01. Reoular meetinos. Regular meetings of the council are held on the second and fourth Tuesday of each month at 6.:30...7:00 p.m. at the city hall. If any such Tuesday is a legal holiday, the meeting shall be held on the next following day at the same hour and place. Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 27th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6C 40 ~ STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ d ;t REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: City Council confirmation of City Manager's reappointment of Hearing Examiners, Connie Murrav and Paul Wasko. . I. RECOMMENDED ACTION: By Motion: Confirm the City Manager's reappointment of Connie Murray and Paul Wasko for two-year terms as Hearing Examiners. I II. BACKGROUND I The hearing officer procedure was established by the City Council in 1985 to hear and decide requests for variances from the literal provisions of the Zoning Code where unique circumstances and undue hardship are present. City ordinances provide for the appointment of Hearing Examiners by the City Manager subject to confirmation by the City Council (546.09 Subd. 2). The terms of Hearing Examiners Connie Murray and Paul Wasko expired December 31,2006. 021307 - Hearing Examiners I III. BASIS OF RECOMMENDATION I I A. POLICY I . Both Ms. Murray and Mr. Wasko have experience, training and knowledge of land use issues and warrant reappointment. . Ms. Murray has served as a Hearing Examiner since 1985 and has expressed a willingness to serve for another two-year term. . Mr. Wasko has served as a Hearing Examiner since 1997 and has expressed a willingness to serve for another two-year term. I B. CRITICAL ISSUES . N/A I C. FINANCIAL . N/A I D.. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny confirmation of the appointment of either or both Hearing Examiners. I V. ATTACHMENTS . N/A I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6D 41 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: JAY HENTHORNE, POLICE LIEUTENANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ r;/ REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing Public Safety Department's acceptance of grant monies from the U.S. Dept. of Justice for $16,647. 1. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the Dept. of Public Safety to accept grant monies (Justice Assistance Grant) from the U.S. Department of Justice, Office of Justice Programs, in the amount of $16,647. I II.. BACKGROUND I The Public Safety Department applied for a grant entitled the Edward Byrne Memorial Justice Assistance Grant (JAG). The grant program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. Notification has been received that the City of Richfield was approved for $16,647 from the JAG program. 0213 Resolution for Acceptance of JAG Grant Monies I III. BASIS OF RECOMMENDATION . .1 I A. POLICY I . Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. . The grant money will be used by Public Safety for training and for purchasing equipment. . Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. . The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. lB. CRITICAL ISSUES I . The grant money will be used by Public Safety for training and purchasing equipment. I C. FINANCIAL I . Five percent, or $875.15, of the total ($17,523) has been removed as approved by the grant to cover administrative costs. The amount that Public Safety will receive is $16,647. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could disapprove of the acceptance of grant monies and the funds would have to be returned. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A fb D- \ RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $16,647 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR THE POLICE CANINE PROGRAM AND THE POLICE ACCESS CONTROL SYSTEM WHEREAS, Richfield Police has been approved by the U.S. Dept. of Justice to participate in funds made available to several Hennepin County departments through the Edward Byrne Memorial Justice Assistance Grant (JAG); and, WHEREAS, Richfield is scheduled to receive $16,647 to be used as designated by the grant agreement which mandates thatthe funds be used for law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment programs; or planning, evaluation and technology improvement programs; and, WHEREAS, Richfield has agreed that Hennepin County will serve as the fiscal agent on behalf of the cities of Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis, and Richfield; and, WHEREAS, Richfield Police has designated $16,647 to be used for training of department personnel and purchasing of equipment; and, WHEREAS, five percent (5%) has already been set aside for costs associated with administering the JAG funds, in accordance with the agreement, leaving $16,647 from the original grant amount of $17,523. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs in accordance to and as listed above. . Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February 2007. Debbie Goettel, Mayor ATTEST: . Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # CONSRN'I' 6E 42 ....... STAFF REpORT RICHfiELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: MIKE KOOB, POLICE LIEUTENANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division, and the City of Richfield, Public Safety Department, pertaininQ to Operation NiQhtCAP. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds from the State of Minnesota, Commissioner of Public Safety, State Patrol Division, to be used for the payment of overtime for officers involved in Operation NightCAP traffic enforcement. I II. BACKGROUND I The Minnesota State Patrol coordinates alcohol enforcement saturations with local police departments throughout the state and has contacted the Richfield Police Department to participate in the periodic saturations for alcohol enforcement in coordination with the State Patrol. The State of Minnesota, Commissioner of Public Safety, has awarded the Richfield Police Department reimbursements not to exceed $2,800.00 for overtime to participate in the NightCap Grant Program. The contract begins October 1,2006 and expires September 30,2007. 0213 Operation NightCAP Grant Resolution I III. BASIS OF RECOMMENDATION I I A. POLICY I . Minnesota Statute 465.03 requires that the City approve a resolution accepting the funds of the grant money. I B. CRITICAL ISSUES I . The resolution needs to be signed by the Richfield City Council, adopted by two-thirds majority of its members. I C. FINANCIAL I . The overtime paid to the officers will come from Grant funds. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could disapprove the resolution, which would void the agreement. I V. ATTACHMENTS . Resolution No. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None ~r-I RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNSOT A, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP WHEREAS, the City of Richfield/Police would like to sign a contract with the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division; and WHEREAS, the City of Richfield/Police would receive grant funds not to exceed $2,800 for saturated overtime alcohol enforcement in coordination with the Minnesota State Patrol; and WHEREAS, the contract would cover saturated traffic enforcement between October 1,2006 through September 30,2007. NOW, THEREFORE, BE IT RESOLVED that Richfield Public Safety/Police will enter into a grant agreement with the State of Minnesota, Commissioner of Public Safety, State Patrol for the project entitled Operation NightCAP, for October 1, 2006 through September 30,2007. Public Safety Director Dan Scott is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Richfield Police Division and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6F 43 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: L YNNETTE CHAMBERS, LEASED HOUSING SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Reprogram $26,598 in Community Development Block Grant funding from the Greater Minneapolis Davcare Association to Jewish Familv and Children's Service of Minneapolis. 1. RECOMMENDED ACTION: By motion: Approve the attached resolution authorizing the reprogramming of $26,598 in Community Development Block Grant funding from the Greater Minneapolis Daycare Association to Jewish Family and Children's Service of Minneapolis. I II. BACKGROUND I Currently, the City of Richfield has $26,598 designated to the Greater Minneapolis Daycare Association (GMDCA) to provide childcare assistance to eligible Richfield families. However, GMDCA lost contracts with Hennepin County and other funders and no longer provides this service. This is a request to reprogram theses designated funds to a division of Jewish Family and Children's Services of Minneapolis (JVS). In July 2006, the JVS division was awarded the Hennepin County contract to provide the Basic Sliding Fee (BSF) Child Care Assistance Program. JVS is requesting Community Development Block Grant (CDBG) funding from local 021307 Reprogramming communities to participate in the Community Child Care Assistance Funds program to help bridge a gap in service for those residents who are eligible for the BSF program, but who are ona 12 - 24 month waiting list for services. Specifically, JVS will serve Richfield residents by: . Contacting and assessing Richfield parents on Hennepin County's waiting list and those who are referred, or self-refer, to the agency for child care assistance. . Verifying that families have incomes eligible for the BSF program (at or below 175% of federal poverty guidelines or approximately 73% of HUD low-income guidelines). . Confirming parent(s) is/are in eligible activities, including: working and/or going to school to improve their employment outlook. . Determining the maximum amount of care to be authorized based on schedule. . Ensuring child care providers are registered with Hennepin County or facilitate the registration process. . Facilitating monthly (or bi-monthly) childcare subsidy payments to providers for up to 50% of the cost of authorized daycare. JVS leverages additional funding for efficient and effective administration of Child Care Assistance Program including Hennepin County's BSF program and the Minneapolis Community and Technical College Child Care Assistance Fund. Child care assistance case managers strive to assist parents with a smooth transition to the Hennepin County program and/or refer them to additional internal or external resources as appropriate. JVS offices, both in Minneapolis and in Minnetonka, are conveniently located and very accessible via public transportation. In addition, program participants and their child care providers may access services via phone, fax, mail or email to facilitate program services. This child care assistance program aligns with the goal and priorities set forth for the CDBG program and the Hennepin County Consolidated Plan (2005 - 2009). I III. BASIS OF RECOMMENDATION I I A. POLICY I . Richfield has for many years supported day care services for residents though CDBG. I B. CRITICAL ISSUES I . JVS will not have access to this funding, if reprogramming of the funding is not approved. . It is estimated that up to seven Richfield families could be served with this funding. I C. FINANCIAL I . The $26,598 is unspent funding that GMDCA had not disbursed. I D. LEGAL I . Hennepin County designed the process. I IV. ALTERNATIVE RECOMMENDATION(S) . Not approve reprogramming of funds. I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A lRP" \ RESOLUTION NO. RESOLUTION TO REALLOCATE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE EXECUTION OF ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Richfield, through execution of a Joint Cooperation Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, pursuant to the Subrecipient Agreement between the City of Richfield and Hennepin County, the City agrees to assume certain responsibilities for the utilization of Community Development Block Grant funds; and WHEREAS, the City of Richfield would now like to reallocate Community Development Block Grant funds previously allocated to the City pursuant to the Subrecipient Agreement. BE IT RESOLVED the City Council of the City of Richfield, Minnesota approves the reallocation of $26,598 of Community Development Block Grant funds designated for daycare assistance formerly administered by Greater Minneapolis Day Care Association (GMDCA), to Jewish Vocational Services (JVS), a division of Jewish Family & Children's Service of Minneapolis. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute any required Third Party Agreement on behalf of the city, if such an agreement is required. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6G 44 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: [8J REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a 2007 contract with the City of Bloomington, using public health emergency preparedness grant funds to provide services in the area of public health emer enc re aredness/bioterrorism and the develo ment of a res onse s stem. I. RECOMMENDED ACTION: By Motion: Approve the 2007 contract with the City of Bloomington, using federal grant funds, to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system. . I II. BACKGROUND I The State of Minnesota has received funds from the federal government (Centers for Disease Control) to be used in developing agencies' public health emergency preparedness/response to bioterrorism. This is part of a nationwide effort to respond to serious public health emergencies. There are specific requirements in the grant in the areas of coordination, assessment, planning and exercise, response surveillance, Health Alert Network, risk communication and training. Those grant responsibilities are attached for your review. 0213 Bloomington Contract for Public Health Emergency Preparedness/Bioterrorism The City of Richfield will receive $63,343 for the grant cycle, which runs from September 1,2006 to August 31,2007. The contract with the City of Bloomington for this same period of time is in the amount of $52,115. Richfield has pooled these federal grant dollars with Bloomington and Edina, with a portion of these funds to support a Public Health Emergency Preparedness Coordinator for the three cities. Lisa Brodsky, Public Health Emergency Preparedness Coordinator, is representing the Tri-City area (Bloomington, Edina and Richfield) and has been meeting with Richfield and Edina health staff to plan and develop the requirements of the grant funds. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City of Richfield became a Local Public Health Agency (LPHA) in 1977, which makes the City eligible to receive these grant funds to use in the development of a public health emergency response system. . I B. CRITICAL ISSUES . I . These funds are part of a nationwide effort to respond to serious public health emergencies, to include threats of bioterrorism. I C. FINANCIAL -, . Funds being used are those given to Richfield as a LPH agency, from the federal government, to develop a system for responding to public health emergency preparedness, bioterrorism threats. I D. LEGAL I . The City must comply with the requirements of the grant in order to receive grant funds. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide not to approve the contract with the City of Bloomington for the services of a Public Health Emergency Preparedness Coordinator in developing a public health emergency preparedness/bioterrorism plan. This would mean that the City would have to hire a staff person to assume some of the grant's responsibilities, which cannot be met with current City staffing levels and would result in a budget increase. I V. ATTACHMENTS I . City of Bloomington Public Health Preparedness/bioterrorism contract I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None &&~I AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM THIS AGREEMENT, is made and entered into this day of 2007, by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield") . WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides public health emergency preparedness services to respond to bioterrorism, infectious diseases, and other threats to public health, including, but not limited to coordination, assessment, planning and exercise, response, surveillance, Health Alert Network, and training (hereinafter referred to as "PH Emergency Services"); provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative (hereinafter referred to as "CRI Duties); and provides services and activities for pandemic influenza planning (hereinafter referred to as "Pan Flu Duties"); and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing public health emergency preparedness, Cities Readiness Initiative and pandemic influenza planning activities, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Term. The term of this Agreement shall be from September 1, 2006 through August 31,2007, provided that either party may terminate the same by sixty (60) days' written notice to the other. In the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of Bloomington's invoice. o &- d-- 2. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following PH Emergency Services: a. Coordination (1) Liaison with the Minnesota Department of Health (hereinafter referred to as "MDH"), Hennepin County, and regional planning groups. (2) Update the Richfield Community Health Administrator on a regular basis. (3) Assist in completing quarterly reports, as requested. (4) Meet with local public health emergency advisory committee and/or elected officials, as requested. b. Leadership (1) Assign key preparedness roles to staff and keep contact information current on designated locations on the MDH Workspace. (2) Participate in a local public health emergency advisory committee as requested. This group may also serve as an advisory group for pandemic influenza planning activities. (3) Provide leadership for public health preparedness activities in the community by developing relationships with community partners at the local, regional and state level. (4) Work with local and regional partners (e.g., other public health agencies, hospitals, emergency managers, clinics, first responders) to develop and/or clarify roles and responsibilities for public health emergencies and the public health role in all hazards. c. Assessment (1) Participate in the identification of potential public health hazards and the capacity to respond. (2) Assist with or support necessary assessments and prioritization of needs that are conducted or required by Richfield, other local, state or federal agencies. d. Planninq (1) Provide planning coordinator services for PH Emergency Preparedness Services. (2) Assist in the development and/or maintenance of the Richfield emergency operations plan. &(;--3 (3) Develop and maintain the public health all-hazard operation plan that is National Incident Management System (NIMS) compliant, addresses continuity of operations, is coordinated with other local, regional and state plans, and describes relationships with community partners. (4) Work in conjunction with hospital and health care systems to address medical surge, including planning/exercising to identify the location, set- up, staffing and operation of off-site or alternate care sites during public health emergencies. (5) Exercise, evaluate, and refine components of the public health all- hazard operation plan. (6) Develop or maintain a local plan (as part of Richfield's operations plan) for providing essential services and monitoring capabilities (if applicable) to persons in isolation and quarantine. (7) Participate in regional and local planning efforts (including exercises and trainings) to effectively manage the Centers for Disease Control (CDC) Strategic National Stockpile (SNS) should it be deployed. (8) Improve local mass dispensing plans and assure coordination with regional distribution and SNS planning. e. Surveillance and MonitorinQ (1) Implement disease-reporting protocols, as outlined in the Infectious Disease Prevention and Control Common Activities Framework. (2) Receive and evaluate urgent local disease reports from MDH on a 24/7 basis. (3) Maintain and develop relationships with local providers and reporting sources to enhance surveillance and reporting. (4) Share public health emergency preparedness and reportable disease information. (5) Assist in the provision of training of local providers and reporting sources. (6) Continue to work with local providers and reporting sources on the implementation and use of an immunization registry (Minnesota Immunization Information Connection, hereinafter referred to as "MIIC") to better support its widespread use in an emergency. f. Response and Recovery ro &..y (1) Assist Richfield in responding to all threats to the public's health and participate in recovery, according to Richfield's established operation plans. g. Workforce Readiness (1) Participate in the development and implementation of a local and/or regional training plan which is specific to the needs of local public health staff. (2) Assure all-hazard incident management capability by assuring training of appropriate public health staff. (3) Assure public health responders are protected through appropriate Personal Protective Equipment (PPE), vaccination, prophylaxis and mental health support. (4) Assist with the development or maintenance and exercising of a system to activate and deploy all or a segment of Richfield's workforce necessary to respond to a public health emergency. (5) Assist with the identification and recruitment of a volunteer health workforce that can be called upon during a public health emergency and is coordinated with other local, regional and state volunteer management systems. h. Communication (1) Reply to all time-sensitive and urgent state health alert messages within two hours of receipt. (2) Transmit the state's health alert messages to local health alert networks (when appropriate) withintwo hours of receipt. (3) Participate in state 24/7 alerting tests. (4) Ensure that the local Health Alert Network (HAN) is effective and accurate by conducting one test of the local HAN annually. (5) Assist with assuring that a system is in place to provide information to elected officials and the public, the media, and community partners in the event of a public health emergency when the electronic power grid, telephone, cellular services, and internet services are unavailable. (6) Assist in the development, maintenance, and exercising of the risk communication component of Richfield's operations plan that includes strategies for communicating with special populations. tv &;,5 (7) Assist with the provision of or support of training or technical assistance to the general public, local businesses, schools, community groups, and health care providers, in coordination with local emergency management. 3. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following CRI services: a. Participate in the development and augmentation of scalable plans with supporting infrastructure to provide oral medications during an event to their entire population within 48 hours. b. Participate in the development of plans to provide prophylaxis through alternate methods to increase population throughput and to decrease the burden on the point of distribution (POD). c. Quantify and project existing and needed staff and volunteer capacity for scalable mass dispensing scenarios affecting Richfield and the region. This should include offering ongoing staff training and volunteer recruitment and training via Medical Reserve Corps (MRC) or MN Responds. d. Develop or refine plans for mass prophylaxis of special populations, including assessment of locations and needs, communication methods to agencies serving special populations, and outreach and training on prophylaxis distribution in facilities. e. Develop or refine security and transportation plans with local emergency management and law enforcement. f. Work with the MDH to develop public information materials for the SNS/CRI, including methods for public summoning, POD signage, fact sheets, and other relevant materials. g. Participate in CRI coordination meetings (including border-county meetings with Wisconsin, as appropriate) to engage in the exchange of CRI information, update plans, and network to improve CRI program success. h. Participate in exercises being planned or scheduled during the grant year. i. Participate in and contribute to discussion/exercises for multi-agency coordination among local public health incident managers as appropriate. j. Participate in mass dispensing workgroups, MRC workgroups, and other workgroups, as appropriate. k. Participate in state or federal CRI assessments, as appropriate. Co G., ~ I. Assist in completing progress and financial records in the manner specified by the MDH. 4. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following Pan Flu services: a. PlanninQ (1) Assist in the development and maintenance of a Richfield continuity of operation plan that is NIMS compliant and is coordinated with other local, regional, state plans, and describes relationships with community partners. (2) Work in conjunction with hospital and health care systems to address medical surge, including planning/exercising to identify the location, set- up, staffing and operation of off-site or alternate care sites during a pandemic flu emergency. (3) Improve local mass dispensing plans for distribution and/or dispensing of pandemic flu vaccines and antivirals, if available and assure coordination with regional distribution and SNS planning. (4) Participate in working with community partners (including local emergency management) to enhance local plans for implementing social distancing measures that address school and workplace closures and cancellation of public gatherings. (5) Participate in working with community partners to identify needs and potential means of supporting families who may be able to care for ill family members at home and supporting special needs populations during a pandemic event. 5. Bloomington shall provide the PH Emergency Services and CRI and Pan Flu Duties pursuant hereto on a confidential basis, using capable, trained professionals. 6. All PH Emergency Services and CRI and Pan Flu Duties to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of PH (p &-,1 Emergency Services and CRI and Pan Flu Duties to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving services from Bloomington, whether residents of Richfield or Bloomington. Richfield agrees to adopt the same policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of PH Emergency Services and CRI and Pan Flu Duties by Bloomington to residents of Richfield pursuant hereto. 7. Richfield agrees to pay Bloomington $28,626 for the provision of PH Emergency Services, $7,895 for CRI Duties, and $15,594 for Pan Flu Duties during the term of this Agreement, for a total amount of $52,115, on terms as follows: a. Bloomington shall bill Richfield for PH Emergency Services and CRI and Pan Flu Duties rendered in quarterly installments of $13,028.75. Payment shall be made within fifteen (15) days of receipt by Richfield of Bloomington's invoice. b. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. 8. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of PH Emergency Services and CRI and Pan Flu Duties hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, orany agent, employee, or representative of Richfield, at reasonable business hours. 9. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render PH Emergency Services and CRI and Pan Flu Duties under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 10. Bloomington's Division of Public Health will communicate with Richfield relative to PH Emergency Services and CRI and Pan Flu Duties to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. 11. Bloomington also agrees to send to Richfield quarterly reports describing the activities performed and PH E:mergency Services and CRr and Pan Flu Duties rendered pursuant to this Agreement. Such report shall be in such detail and form (p G- '6 as Richfield may reasonably request. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Councilor appropriate board or commission to answer questions and give further information relative to the activities performed and PH Emergency Services and CRI and Pan Flu Duties rendered under this Agreement. 12. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate for the term of this contract. A copy of the policies shall be furnished to Richfield. Said policy shall be with an insurance company authorized to do business in Minnesota. 13. The parties agree to comply with the following laws and regulations: a. ADA. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. Human Riqhts. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. 14. Non-Assiqnment. The parties agree this Agreement shall not be assignable except at the written consent of both parties. Co &-g 15. Scope of Aqreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 16. Data Practices. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 17. Indemnification. Each party shall defend, indemnify, and hold harmless the other party, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from either party's (including its officials, employees, volunteers or agents) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused by any negligent act or omission or willful misconduct of either party including its officials, agents, volunteers or . employees. Liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this paragraph is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this paragraph are not intended for the benefit of any third party. . 18. Mediation. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. (p G- 10 IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates written below. Dated: Dated: Dated: Dated: CITY OF BLOOMINGTON: By: Its Mayor By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: By: Its Mayor By: Its City Manager AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6H 45 ...... STAFF REpORT, RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: BRAD SVEUM - FIRE SERVICES DIRECTOR NAME, TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: DEPARTMENT DIRECTOR REVIEW: ITEM FOR COUNCIL CONSIDERATION: Consideration of a purchase of a fire rescue truck from Rescue Vehicles of Iowa, Inc. I. RECOMMENDED ACTION: By Motion: Approve the bid/minutes tabulation and authorize the purchase of a fire rescue vehicle from Rescue Vehicles of Iowa, Inc. in the sum of $202,771 and authorize the execution of an agreement for the trade-in of the existing fire rescue vehicle as part of the purchase of the new equipment. I II. BACKGROUND I Unit #9904 a 1999 Ford F-150 chassis and unit # 9143, the attached rescue body box, are in poor mechanical condition, are not sized or equipped to meet current response needs and are scheduled for replacement in 2007. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Two responsible fire apparatus manufacturers submitted bids. Rescue Vehicles of Iowa, Inc. was the lowest bidder of two companies submitting bids and is an established contractor that meets all requirements. 0213FireTruck I B. CRITICAL ISSUES I . The current rescue vehicle is not sized nor is able to carry the necessary equipment needed to provide required rescue and firefighting support services. . Over the years equipment has been added to the current vehicle creating an unbalanced weight and overload situation. To replace the current rescue unit with an identical vehicle would not alleviate the numerous deficiencies and operational shortfalls. . The specified new rescue vehicle will be sized and equipped to provide accepted rescue, hazardous materials, personnel and structural firefighting support services. . The rescue body is designed to accommodate future service and equipment needs. It is planned for this vehicle to remain in front line service for 18 to 20 years with the chassis portion of the truck being replaced in approximately 2017. . The delivery of the new vehicle will be in early 2008. I C. FINANCIAL I . Funding for the new Fire Rescue Vehicle will be: (1) . $24,271 from the 2006 General Fund Surplus if available. If there is not sufficient surplus available funding from an internal loan from the Self-Insurance Fund will be utilized. (2) $105,000 from the 2007 Central Garage Equipment Fund. (3) $13,500 from the 2007 Fire General Fund Budget. (4) $60,000 from the 2008 Central Garage Equipment Fund. This amount represents a deferral of two fire staff vehicles to a later date. ID. LEGAL I . The bid opening held on December 21 , 2006 was in accordance with legal requirements. . The next lowest bidder that complied with the bid specifications was E-One manufacturing. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may reject all bids and instruct staff to re-advertise, however it is the opinion of staff that the bid submitted by Rescue Vehicles of Iowa is reasonable and responsible. Staff believes if directed to re-advertise only one vendor may submit a bid. . Council could accept a bid received from another vendor. Again however it is the opinion of staff that the bid submitted by Rescue Vehicles oJ Iowa is reasonable. and responsible. I V. ATTACHMENTS . Bid minutes and tabulation. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. (P /-I-I CITY OF RICHFIELD, MINNESOTA Bid Opening December 21,2006 10:00 a.m. Purchase of one new Fire/Rescue Truck Bid No. 06-09 Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the purchase of one new Fire/Rescue Truck, as advertised in the official newspaper on November 30,2006. Present: Deborah Guiher, Deputy City Clerk Doris Swanson, City Manager Representative Brad Sveum, Fire Services Director The following bids were submitted and read aloud: Vendor Intent to Trade-In Base Bid Bond Comply Base Bid Option Less Trade In Net Provided Provided M2 Chassis $275,000 $25,000 $250,000 IHC Chassis $274,000 $25,000 $249,000 ire Safety USA Rochester Rescue Vehicles of IA Provided Provided $216,771 $14,000 $202,771 Chassis $62,818 The City Clerk announced that the bids would be tabulated and considered at the February 13, 2007 City Council Meeting. Deborah Guiher Deputy City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 61 46 STAFF REpORT RICHFIELD CITY. COUNCIL. MEETING FEBRUARY 13, 2007 REpORT PREPARED By: MARK L. HALL, FLEET & PARK SUPERVISOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEw: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase ofa new tandem dump truck for use by the Street Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of a tandem dump truck in the amount of $115,032.79 consisting of the following items: . Chassis in the amount of $73,345.49 to Astleford International Trucks. . Box and Chipper Cover to J-Craft in the amount of $41,687.30. I II. BACKGROUND I . Unit 354, a 1990 International tandem dump truck, currently used by the Street Maintenance Division, is fully depreciated and scheduled for replacement in 2007. Thistruck is a multipurpose vehicle used in tree trimming and general material handling. Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low 021307tandem. bidder for the type of equipment required is then avvarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid price. . The City of Richfield participates in this program. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City of Richfield participates in the Minnesota State Cooperative Purchasing Program I B. CRITICAL ISSUES I . Approval at the February 13, 2007 Council meeting will facilitate timely delivery of the tandem dump truck. . This tandem dump truck will have a removable chipper box cover. As the demand for higher volume hauling capacity continues to grow, the removable chipper cover will make the truck very versatile for hauling a wide variety of loads. I C. FINANCIAL I . The approved 2007 budget contains $129,000.00 for this purchase. . Funding for these vehicles will be from tax levy and the central garage fund. ID. LEGAL I . When the purchase price of materials, merchandise, equipment, or construction exceeds $25,000.00, authority to purchase shall be submitted to the City Council for consideration. I IV. ALTERNATIVE RECOMMENDATION(S) . I . Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. . No action by Council on this purchase will eventually result in more breakdowns, dollars wasted on repairs and lost efficiency in plowing, and other Public Works operations. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None AGENDA SECTION: AGENDA ITEM # REpORT # CONSRNT 61 47 ...... STAFF REPORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEw: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new taxi license for Transportes Xelaju, 12501 Skyline Drive, Burnsville. I. RECOMMENDED ACTION: By Motion: Approve request for a new taxi license for Transportes Xelaju, 12501 Skyline Drive, Burnsville. I II. BACKGROUND I On December 8, 2006, the City received an application for a new taxi license for Transportes Xelaju. The required fees have been paid. The applicant is the sole owner of the business. At the present time, there will be one licensed vehicle. The Public Safety background investigation has been completed and reveals the following: Hugo Diaz Mencho is a sole owner of the business. He has no known criminal record. 0213 New Taxi License for Transportes Xelaju The certificate of liability insurance has been submitted showing National Casualty Company affording the coverage. At the present time, the number of vehicles that will be operating in Richfield will not exceed one. However, there is a possibility new vehicles could be added. The driver of the vehicle has a current taxi driver license for the City of Richfield. The applicant has supplied the information regarding the make, body style and year of the vehicle to be operated by the applicant and agrees to supply this information for any added vehicles in the future, as well as pay additional fees for additional vehicles making pick-ups within the City of Richfield. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The applicant meets the standards that are contained in the City's ordinance. I B. CRITICAL ISSUES I . One vehicle is currently listed on the application to be licensed as a taxicab. Therefore, no additional vehicles will be allowed to pick up patrons in the City without first obtaining the appropriate license. Future vehicles could be added to the license, providing that the proper paperwork has been completed, fees paid, and proof of current liability insurance submitted. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the request for a new taxi company license for Transportes Zelaju. This would mean that the applicant could not pick up fares within the City of Richfield. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Hugo Diaz Mencho, Owner/Operator AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6K 48 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of 2007 business licenses for 3.2 percent malt liquor sales and licenses to do business in Richfield. I. RECOMMENDED ACTION: By Motion: . Approve the 2007 renewal of named business licenses for 3.2 percent malt liquor sales; and . Approve licenses to operate named businesses in the City of Richfield. I II. BACKGROUND I The below listed businesses have not been required to have a staff report prepared in the past, nor is there a requirement for a public hearing to be held for renewal of these type of licenses. Staff has presented a report for each business at the time that they originally applied for and received Council approval to operate their businesses or to sell malt liquor at their businesses in the City of Richfield. For the sake of preserving time, 0213 Annual Renewal of Consent Licenses the license renewal requests were placed on the consent calendar. However, a staff report is presented to the City Council for informational purposes. The businesses named below with the corresponding licenses are presented for Council-approval on this date. Licenses to Operate in Richfield . Airport Taxi - 11 vehicles . A New Star Limousine & Taxi Service - 3 vehicles . Azteca Van Lines, Inc. - 2 vehicles . Suburban Taxi Corporation- 20 vehicles . Latino Express - 1 vehicle . Ecuadorian Express - 5 vehicles . Morelos Taxi - 5 vehicles . Paul's Rentals & Sales: Trailers and Trucks Rental License to Sell 3.2 Percent Malt Liquor . Airport Bowl - On-Sale . Aldi Foods - Off-Sale . Davanni's Pizza - On-Sale . EI Jalapeno - Off-Sale . Kwik Way Foods - Off Sale . Lariat Lanes - On-Sale . RBF Corporation of Wisconsin (Rainbow Foods) - Off-Sale . Richfield Mobil Mart - Off-Sale . Sandy's Tavern - On-Sale . SuperAmerica #4186 - Off-Sale . SuperAmerica #4188 - Off-Sale . SuperAmerica #4191 - Off-Sale . SuperAmerica #4615 - Off-Sale . Vina Restaurant - On-Sale . Worldwide Supermarket - Off-Sale I III. BASIS OF RECOMMENDATION I I A. POLICY I . All businesses must annually request renewal of their licenses to the City Council. . Businesses must meet the set requirements for renewal of their licenses. I B. CRITICAL ISSUES I . All license fees must be paid and application forms submitted in order to be considered for license renewal. I C. FINANCIAL I . All businesses listed have met the requirements and paid the required fees. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . None; however, businesses have been notified of the date of presentation to the City Council. AGENDA SECTION: AGENDA ITEM # REpORT # PROP. ORDINANCE 8 49 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. I. RECOMMENDED ACTION: By Motion: Approve first reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 13,2007. I II. BACKGROUND I . At the December 12,2006 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to several City capital improvements in 2007. . Included in the $500,000 are: . $193,000 Outdoor Pool renovation loan repayment . $100,000 for Major Park maintenance projects . $45,000 for Ice Arena Second Sheet Lban Repayment . $76,000 for Ice Arena Parking Lot Reconstruction . $21,000 Lincoln Field and other ballfield improvements . $15,000 for Vets Memorial Park . $50,000 for Liquor Operation Capital Improvements . In addition, the 2007 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, federal grants and state grants. . Authorization by ordinance is not required for expenditures other than Special Revenues. 02132007 Transitory Ord I III. BASIS OF RECOMMENDATION I I A. POLICY I . City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. . This process provides for public input through a public hearing. CRITICAL ISSUES I . Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. . The ordinance requirements must be completed early enough in 2007 so that the capital projects can be initiated on a timely basis, completed and the funds expended. . In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 13 and a public hearing and second reading be completed at the March 13, 2007 City Council meeting. lB. IC. FrnANCIAL I . While the total 2007 Capital Improvements Budget (CIB) includes total budgeted expenditures of $31 ,264,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 500,000. Outdoor Pool Renovation Loan Repayment Park Maintenance . Ice Arena Second Sheet Loan Repayment Ice Arena Parking Lot Reconstruction Lincoln Field and other ballfied improvements Vets Memorial Park Liquor Operation Capital Improvements 193,000 100,000 45,000 76,000 21,000 15,000 50,000 . A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. . The source of Special Revenue funds is municipal liquor profits. I D. LEGAL I . The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could postpone the first reading of the transitory ordinance. to a future City Council meeting. . The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. I V. ATTACHMENTS I . An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. I VI. PRINCIPAL PARTIES EXPECTED AT MEETrnG . None 8-1 BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Outdoor Pool Renovation Loan Repayment Park Maintenance Ice Arena Second Sheet Loan Repayment Ice Arena Parking Lot Reconstruction Lincoln Field and Ballfield Improvements Vets Memorial Park Liquor Operation Capital Improvements $ 193,000 $ 100,000 $ 45,000 $ 76,000 $ 21,000 $ 15,000 $ 50,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 9 REpORT # 50 ....... STAFF REpORT RICHFIELD I I CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREP AREDBY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to amend a conditional use permit to allow an increase in the number of children to be served by day care facilities at 7145 Harriet Avenue, Richfield Central School. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of an amendment to a conditional use permit to allow day care services for up to 130 children at 7145 Harriet Avenue, Richfield Central School. I II. BACKGROUND I On September 14, 2006 the City Council heard and approved an amended conditional use permit (CUP) to allow day care services for up to 100 children at Richfield Central School. There are currently two Montessori schools operating at this location. Each school currently serves approximately 50 children. Since relocating to this site last summer, Richfield Montessori & Child Care Center has been well received by the community, and is looking to expand the number of children that they are able to 021307 - 7145 Harriet ACUP serve. The owners have requested an amendment to allow day care services for up to 130 children at the site, so that they may serve approximately 30 more children. No changes are proposed for the design of the property. I III. BASIS OF RECOMMENDA nON I I A. POLICY I Day care facilities serving more than 12 persons are a conditional use in the R District. The findings necessary to issue a conditional use permit (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The property is designated as "Quasi-Public", which is consistent with a school facility. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply, as there are no official redevelopment plans for this site. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. The site is already in compliance with the performance standards section of the code. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. f) There is a public need for such use at the proposed location. This requirement is met. Richfield Montessori & Child Care has been well received at its new location and feels that there is additional demand for services. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met, as explained below. Day care facilities serving more than 12 persons are conditional uses in the R District, as specified in Section 521.07, Subdivision 2 of the Zoning Code. This section of the Zoning Code specifies four requirements for a CUP to be issued for a day care facility serving more than 12 persons, as follows: a) The day care shall abut a collector or arterial street if it is NOT an accessory use. This requirement does not apply. The proposal is an accessory use. b) ParkinQ lot and screeninQ requirements shall be met. This requirement is met. c) DesiQnated pick-up and drop-off areas shall be located on the site. This requirement is met. Parking is located to the east of the building, immediately adjacent to the door to the child care facilities. Parking from the high school is not permitted in this area. A separate drop-off area would not be created given the parking adjacent to the door. d) Outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. This requirement is met. Play areas are located between the wings of the buildings and not visible by the surrounding single- family homes. I B. CRITICAL ISSUES I . Planning Commission decision: The Planning Commission voted unanimously (6-0) to recommend approval of the amendment. . The site has been used for various day care facilities for more than 20 years. . Montessori schools are licensed as child care facilities. . As in the past, the requirements applied in this case are those related to day care facilities. . Parking requirements for a day care facility serving 130 children require 26 stalls. The site has over 50 available stalls. . There have been no complaints regarding parking in the area. I C. FINANCIAL I . The required CUP application fee has been paid. I D. LEGAL I . 60-DA Y RULE: 60 day clock 'started' when complete application was received on January 2,2007. A decision must be given to the applicant by March 3, 2007, OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the requested amendment to the conditional use permit. I V. ATTACHMENTS . Resolution . Site Plan . Area zoning & land use maps I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Marie Dias, Richfield Montessori and Child Care OJ-I RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES FOR UP TO 130 CHILDREN AT 7145 HARRIET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a Conditional Use Permit for day care facilities serving up to 130 children on land generally located at 7145 Harriet Avenue, legally described as: Blocks 2, 3, 10 and 11, Augsburg Park Addition, including adjacent parts of vacated streets and alleys. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amendment at 7145 Harriet Avenue at its January 22, 2007 meeting; and WHEREAS, this requested amendment at 7145 Harriet Avenue meets those requirements necessary for issuing a Conditional Use Permit as specified in Richfield's Zoning Code, Section 546.05, Subd.6; and WHEREAS, the City has fully considered the request for approval of the amended Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended Conditional Use Permit is issued to allow day care facilities serving up to 130 children, as described in City Council Letter No. , on the Subject Property legally described above. 2. This amended Conditional Use Permit at 7145 Harriet Avenue is subject to the. following conditions in addition to those specified in Section 521.07 Subdivision 2 of the City's Zoning Ordinance: . That the recipient of this Conditional Use Permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The Conditional Use Permit shall remain in effect for so long as conditions regulating it are observed, and the Conditional Use Permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 021307 - 7145 Harriet ACUP If q "\ 7145 l"I.AR'R\1E!T AV'EN!U1E . ... oJ- m~Hfi,f~i9'M'.a\":aeit$'~~ ffmmmmmmm ~ 6 , ., -.. .. . . ""..: . . .... . .. "... .." . ,.' '. ,. . f : f "... ~ fa riIlI :a z llm -' ,.... w it CC ':, GYM <C :r:: ,.' .' .... , . 1Pi~;A.iYfiiRi,l1fl ," :,. .' '0 '. '. .' '. .... .. . ",' . .. ..... \........ 0' 0" " . 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RES RES RES RES RES RES I RR RES RES RES RES RES RES RES RES - RES RES ~ RES RES RES RES RES RES RES RES Rj lRES RES RES RES RES RES RES ~ES RES RES RES RES , R~ RES RES RES ~ RES"'lIill RES RES RES RES RES RES --S ~ ~ RES ~I:C::: ~I:C::: RES 480 RES = Residential SCH = School QUASPBLC = Quasi-public RR = Railroad 960 Feet Community Development (MP) 8.10.06 o 120 240 720 Cf-'-/ 7145 Harriet Ave S - CUP Amendment 2007 Surrounding Zoning N - ~ K K K ~ ~1 ~ ., R ( " ~ R R R R R ~ 'I::f R ~ R R R R R ~ R R R R R Ii? R R , C\') - ITIJL R R R R R R R R R R R R R R R R R R R R R R R R R R R R R I R R R R R R R R R R R - R R lilt R R R R R R R R 1 l R R R R R R R R "R R R l\.. R R R / 7 R R"lIl R R R R N..... R R ~ R c R R R = Residential o 120 240 480 720 960 Feet Community Development (MP) 8.10.06 AGENDA SECTION: AGENDA ITEM # REpORT # PUBLIC BEARINGS 10 51 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: BRUCE P ALMBORG, COMMUNITY DEVELOPMENT DIRECTOR . NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a transitory ordinance authorizing the sale of the property at 7201 Nicollet Avenue to the Housina and Redevelopment Authoritv. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: approve second reading of a transitory ordinance authorizing the sale of 7201 Nicollet Avenue to the Housing and Redevelopment Authority for affordable home development. I II. BACKGROUND I The owners of 7201 Nicollet Avenue approached the Housing and Redevelopment Authority (HRA) to purchase their property. The house at this location was builtin 1933, has one bedroom, and 688-sq. ft. of living space. An appraisal and inspection have been performed. The property has an appraised value of $182,000. The inspection noted that the house has substandard conditions that qualify the use of funding. The house is located on a double lot with approximately 11 ,645-sq. ft. At the January 23, 2007 City Council meeting the purchase of this property was approved. . CDBG funds provided by Hennepin County will be used for a portion of the purchase from the current owner. 0213077201 Nicollet Avenue . A house concept and Development Agreement with the HRA would be prepared with Greater Metropolitan Housing Corporation (GMHC) as the nonprofit developer. (The home at 6329 14th Avenue was recently completed, demonstrating GMHC's abilities.) . The lot, upon clearance of the substandard structure is a double lot that will yield two single-family homes following consideration by the Planning Commission and City Council for a subdivision waiver. The City participates in the acquisition process so that any program income, such as repayment of the second mortgage financing assistance to a future qualified first time buying family, can be retained by the HRA for housing program purposes. Because of the use of CDBG funds, if the HRA purchased the property directly, program income would go back to Hennepin County. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The use of CDBG funds to buy small substandard houses and to construct affordable new homes with a nonprofit developer has been a successful program model for the HRA that the City has supported. . In November 2006 the Planning Commission found the acquisition and disposition of 7201 Nicollet Avenue for single family housing purposes to be consistent with the Comprehensive Plan . The HRA approved the acquisition on December 18, 2006 . The City conveys property through a transitory ordinance/public hearing process. I B. CRITICAL ISSUES I . The owner has moved to a new location and wants to sell the vacant home to the HRA. . Acquisition for demolition and redevelopment on sites scattered throughout Richfield has been well received. The neighborhood would be asked to become involved as the new housing concept is developed. . The house concept and a Contract for Development need to be finalized. . A very small house with no remodeling potential is being replaced with two newly constructed three to four bedroom houses for families to buy. . The ongoing relationship with GMHC helps solve for financial gaps that provide new homes for first homebuyers. . The use of CDBG funds requires that a household with an income less than 80 percent of the median be served. A family of four would need to have an income of less than $59,600. I C. FINANCIAL I . CDBG funds would cover $82,000 of the purchase price. The City and Hennepin County recently approved the programming of CDBG for this acquisition activity. . Housing Fund resources administered by the HRA would cover $100,000 of the purchase. The 2007 HRA budget provides for this expense. . The construction costs would be covered by proceeds of sale of the new housing. . No City General Fund revenues would be used for the purchase. I D. LEGAL I . A public hearing and second reading of the transitory ordinance is scheduled for February 13, 2007. . The City/HRA standard form Purchase Agreement will be used for the property acquisition. The City is the initial purchaser with a subsequent sale to the HRA for $1. . There are no known title or environmental conditions that would affect the purchase. I IV. ALTERNATIVE RECOMMENDATION(S) . Do not acquire the property. I V. ATTACHMENTS . Transitory Ordinance I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A 10-1 TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY lOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7201 Nicollet AVENUE) The City of Richfield Does Ordain: Section 1. The following described real properties located in the City of Richfield, County of Hennepin, State of Minnesota, are hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: 7201 Nicollet Avenue: Lots 11 and 12, Block 3, Wooddale 2nd Addition, Hennepin County Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this 13th day of February 2007 by the Richfield City Council. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0213077201 Nicollet Avenue AGENDA SECTION: AGENDA ITEM # REpORT # PUBLIC HEARINGS 11 52 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: J REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding a request for an amendment to a conditional use permit to allow the installation of an additional pump and the overall reconfiguation of an existing service station/convenience store located at 6744 Penn Avenue. 1. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Deny an amendment to a conditional use permit to allow the reconfiguration of an existing service station/convenience store at 6744 Penn Avenue. I II. BACKGROUND I Applicant Mark Olson is the owner and operator of the Richfield Mobil Mart located at 6744 Penn Avenue. Mr. Olson is proposing to reconfigure the existing site in order to add a third gas pump and a larger canopy. I III. BASIS OF RECOMMENDATION I I A. POLICY I Service station/convenience stores are a conditional use in the C-2 District. The findings necessary to issue a CUP (546.05, subd.6) are as follows: 021307 - 6744 Penn ACUP a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan designates this site as Community Commercial, which is consistent with the current use. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. The proposal is consistent with the PASSS (Penn Avenue-66th Street Area) Design Framework Manual. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this Code. This requirement is not met. i. Exterior lighting. This requirement is not met. Light levels are not to exceed 0.5 foot-candle at adjacent residential property lines. This requirement is met. Light levels are not to exceed 1.0 foot- candle at the lot line of abutting commercial property. This requirement is not met. Light levels are exceeded at the northern property line. ii. Off-street parking. This requirement is not met. Parking lots adjacent to residential properties are required to be set back 15-feet from adjacent residential property. At the southwest corner, the existing parking lot is set back four-feet from the alley, which abuts a residential property. In addition to the existing fence, plantings are proposed to help "soften" the look of this buffer between the commercial and residential properties. Parking lots are also required to be set back three-feet from the right-of-way and five-feet from adjacent commercial properties. Neither of these setback requirements is possible. To the north, the parking lot abuts an adjacent parking lot and to the east, the sidewalk is actually located on property owned by the gas station; iii. Landscaping and screening. This requirement is met with the exception of the above-mentioned parking lot buffer areas; however, if the proposal is approved, staff recommends that a stipulation be added to the resolution requiring separate Community Development approval of the landscape plan so that details can be worked out. ' d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. The closing of the eastern-most curb cut along 68th Street will eliminate a potentially dangerous access point. f) There is a public need for such use at the proposed location. This requirement is met. g) The proposed use meets or will meet all the specific conditions set by this Code for the granting of such conditional use permit. This requirement is met. See below. Service station/convenience stores are conditional uses in the C-2 District, as specified in Section 526.27, Subdivision 12 of the Zoning Code. This section of the Zoning Code specifies thirteen requirements for a CUP to be issued for a service station/convenience store, as follows: 1. The business shall be subiect to the provisions of Section 1150 of the City Code. This requirement is met. These proviSions address fire prevention, vehicle storage, parking, and merchandising standards. Section 1150.11 Subd. 3. states that no vehicle may park in a manner as to obstruct vehicular ingress and egress from the gasoline station. The elimination of the eastern-most curb cut along 68th Street will satisfy this requirement. , 2. If the use site abuts a lot which is R or R-1. a buffer yard of not less than 25- feet in width and 75% all -season opacity from the oround to a heioht of six-feet shall be provided to separate all aspects of such use from abuttino residential parcels. The Council may reduce this requirement to not less than 15-feet if sionificant additionallandscapino and fencino. with 100% all-season opacity. is provided to screen the service station use. This requirement is not met. The buffer yard between the station and 6745 Queen Avenue is only four-feet; however, there is 100. percent opacity (to be maintained with a chain link fence and slats) and a 12-foot alley between the parcels. Additional plantings are proposed to help enhance the look of this fence for the residential neighbor to the west. 3. The use site shall not be located within 300-feet of the orounds of a school. church, or hospital. This requirement is met. 4. A buffer yard of not less than 10-feet in width shall be provided to separate all aspects of such use from abuttino parcels. This requirement is not met. The existing building is built immediately adjacent to the northern property line. This property line is shared with the parking lot of Fireside Pizza. A 10-foot buffer is not possible with the proposed site design. 5. Vehicles that are waitino for repair shall be stored in appropriately desioned and screened areas as approved by the City. This requirement does not apply. 6. Parkino of vehicles on public rioht-of-way shall be prohibited. This requirement is met. The gasoline delivery tanker currently backs into the site via the west curb cut along 68th Street. This will continue to be the case; however, the wider curb cut will allow for better maneuverability and protection of the enhanced landscaping in the boulevard. 7. Any repair. assembly. disassembly. or maintenance of vehicles shall occur within an enclosed buildino. except minor maintenance such as tire inflation. addino oil. or addino windshield wiper fluid. This requirement does not apply. 8. The minimum frontaoe on any street shall be 120-feet and the minimum area of the site shall be 12,000-sQuare feet. This requirement is met. 9. Any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code. This requirement is met. 10. Queuino space of at least 20-feet shall be provided in front of the pump island in each direction in which access can be oained to the pump - this required space shall not interfere with internal circulation patterns or with desionated parkino areas. and shall not be permitted in any public rioht-of-way. private easement. or within the required parkino lot setback. This requirement is not met. The distance between the sidewalk and the building is such that there is a potential for circulation problems within the site. Cars fueling at the center island could inhibit the movement of other vehicles attempting to enter or exit the site. 11. Pump islands shall be located not less than 20-feet from any property line. . This requirement is met. 12. If the use is not located on a county road or state hiohway. it shall not be operated between the hours of 11 :00 p.m. and 6:00 a.m. of the followino day. This requirement does not apply. 13. Canopies shall complv with the followinQ reQulations: (i) The canopy may extend up to 12-feet beyond the centerline of the pump island toward the ~treet, butin no instance shall a canopy be located closer then six-feet from any lot line. The intent of this requirement is met. The canopy extends 12-feet beyond the center support of the canopy. As there is only one pump per island, it must be located off-center to one side. The canopy is less than six-feet from the property line at the southeast corner due to the extensive amount of right-of-way. This regulation is intended to protect pedestrian safety. Staff does not believe that the proposed canopy location will be a problem, as it is still 11-feet from the sidewalk. (ii) Only one canopy shall be permitted per station, unless the station is located on a corner lot, in which case two canopies may be permitted. This requirement is met. . (iii) The canopy shall be at least 14-feet in height, but not greater than 16-feet in height. This requirement is met. (iv) No signage of a permanent or temporary nature may be placed on a canopy. This requirement is met. (v) All canopy lighting shall be recessed into the canopy ceiling. This requirement is met. I B. CRITICAL ISSUES , . Planning Commission decision: The Planning Commission was split (3-3 with one Commissioner absent) on this issue. o The Planning Commission unanimously agreed that the site improvements including the landscaping, new pump islands and canopy, etc. would aesthetically improve the property. o The Commission was divided over the issue of drive aisles and the potential internal circulation problems that could stem from drive aisles that are 2 %-feet narrower than is required. . The property has been used as a service station since 1961 and a service station/convenience store since 1982. . There is a need to maintain service stations in the City. . Staff received one phone call regarding the proposal from a resident of Queen Avenue. This resident stated that although the service station has always been a "good neighbor," there are significant parking and circulation problems in the neighborhood. This includes delivery vehicles idling on the street. . The applicant has begun handing out a letter to all delivery drivers requesting that they refrain from idling on 68th Street and that all delivery trucks exiting via 68th Street turn east toward Penn Avenue, rather than traveling through the residential neighborhood (see attachments). . The applicant submitted signatures from over 350 customers in support of the proposed site changes (see attachments). . The proposed changes add significantly to the aesthetic appeal of the site. . The proposal to close one of the existing curb cuts on 68th Street improves safety at that intersection. The Ordinance requires that queuing space be provided in a manner such that it does not interfere with internal circulation. The proposed configuration cannot provide queuing space in the manner required by the Ordinance. . Staff and the applicant have been unable to find a service station in the metropolitan area that has the proposed drive aisle dimensions. I c. FmANC~ . I . The required fee for a CUP has been paid. ID. LEG& I . 60-DAY RULE: 60 day clock 'started' when complete application was received on Janl,Jary 16, 2007. A decision must be given to the applicant by March 17, 2007, OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. . NOTIFICATION: Notification of this hearing was provided in accordance with City and State requirements. I IV. ALTERNATIVE RECOMMENDATION(S) I . Table this discussion and direct staff to prepare a resolution approving the requested amendment contingent on approval of all variances by the Hearing Examiner. I V. ATTACHMENTS . Resolution . Proposed site plan . Proposed landscape plan . Traffic flow illustrations . Lighting plan . Zoning & land use maps . Applicant-submitted letter to delivery drivers . Applicant-submitted signature pages I VI. PRINCIP & PARTIES EXPECTED AT MEETmG . Mark Olson, owner/applicant . John Kosmas, architect 11- ( RESOLUTION NO. RESOLUTION DENYING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE RECONFIGURATION OF AN EXISTING SERVICE ST A TION/CONVENIENCE STORE AT 6744 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit to allow the reconfiguration of an existing service station/convenience store at 6744 Penn Avenue, legally described as: Lots 11 and 12, Block 16, Tingdale Bros Lincoln Hills. WHEREAS, the Planning Commission of the City of Richfield has recommended denial of this requested amended conditional use permit at 6744 Penn Avenue at its January 22, 2007 meeting; and WHEREAS, this requested amended conditional use permit at 6744 Penn Avenue does not meet the following requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 546.05, Subd.6: 1. The proposed use will not be in compliance with the performance standards specified in Section 541 of the City's Zoning Code. The proposal does not meet exterior lighting requirements or parking setback requirements. WHEREAS, this requested amended conditional use permit at 6744 Penn Avenue does not meet the following requirements necessary for issuing a conditional use permit for a service station/convenience store as specified in Richfield's Zoning Code, Section 526.27, Subd.12: 1. The proposed use will not provide a buffer yard of 15-feet with 100 percent all-season opacity to screen the use from the abutting R (Single-family Residential) property. 2. The proposed use will not provide a buffer yard of 1 O-feet to separate all aspects of the use from abutting parcels. 3. The proposed use~will not provide queuing space of at least 20-feet in front of the pump island in each direction in which access can be gained to the pump in a manner that will not interfere with internal circulation patterns. 4. The proposed use will not provide the required six-foot setback between the canopy and the property line at the southeast corner of the property. WHEREAS, the City has fully considered the request for denial of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: .1. An amended conditional use permit is denied for a reconfigured service station/convenience store, as described in City Council Letter No. , on the Subject Property legally described above. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 021307 - 6744 Penn ACUP FILE NO. 61 030~3. 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RES RES RES N A RES - Single-Family Residential DPLX - Duplex APT - Multi-Family Residential COM - Commercial o 45 90 180 270 360 Feet - - }I-Of January 19,2007 Effective Immediately. To: Delivery Drivers For all of my Delivery Drivers, when making deliveries to Richfield Conoco, 6744 Penn Ave., please park in the southwest parking lot. Make your deliveries, than exit south onto 68th Street and turn east to Penn Avenue in an effort to avoid the residential area to the west. If the delivery area is busy please return at another time, do not block the alley or driveway to the west of our site. Thank you. Sincerely, Mark 1. Olson Owner Richfield Conoco 1. 11-10 PROPOSED CANOPY AND PUMP ISLAND CHANGES IF YOU LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN' BELOW. NAME ADDRESS / CITY IN FAVOR 1 ,qA ~ (L"", C\/I/"-..-- 1/ ,:) ')J () It fLier.; ~ ( A ~ 2 Tf! c'- c~ )C:QA~\f\ '^-"'-'\ \, ( C l \ cL\. /"... 3 ~;; tK \~j; f/w ~. 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NAME /7 / 1 LL ~ ~-///L 2 1/ ~~._ -dA~ 1 '? 3 9~1~ \1,{<DW t? 4 ,\""".-1: " A!p\~(\ , 5 /Z'.;<'-r:.c ~ .//t.b.Jt(~l..~ OP /~/ 6 ,~-J:/....(;J, vI <.;:1.= '!- ' -l 7 <p~/~5tEJC" ~ ZO 8 /~cfn' 11 9\~;;pr r!A'I~ " 10 k,,1. '1:;1:, /lA -, ,/I~_ 11 /P./h;0.1f.j}/A..'yJ;,;, l i r',{,rt-l/l 12 l)~ ,1 Y/:::' L' " 13 '-'tf.;,,$ .jt~d--- 14 .,,'A / ); /A ;') P th-e.v 15 ~ c....:..;;~ C ..l....~,e 16 fA) p".-A ,L-vo .<'~ 17 /j]I?1~:I ()'l.." C'/VJl~ 18 ',liV\ I L~'\(, ,~~ 19 J1/I1Y ~ J n \ [~9.-t't 1,7; 20 /!k.~-( /1. l 'Z 1 21 /Uu4- # z .. 22 ~ 7.~ 23 1'1J. --,.;~I/ gO "L 24 f: !It" 1~{ j-. ~/J.. 25 T J. LiY)nO{. mPftA () 26 A If fI--- (',"IIA h'A <<)f 27 .J' ';-hu~\/ 28 \ \,\~cq~ N l~~- ~\b . 29 ';) i.!.V.~ \1.:tT~ 30 /11,1, f/J dc.1I ?;t;'" f) J If' ADDRESS I CITY IN FAVOR . /'1 ;., a#p' ~~ ...~ -'- x:. f" /F7 . . ~ ~9~{ ,,'~L.v IV ~ 7C60 t:!:ennec Ve.. ~ //. """)I?C.J'f}v<. 'I/(? . ~ . , ,:;;c-Z-I?'.,:;2 -,-55''';;;LI AvJ'/ . <>. /~ (' ').3.$ !( '6 (\,).._~ L''. 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(.. t7d'7 L-dft:e \o(r-;.~ ;if tI fJ c e .;' \ n ~ em () \ \ \)DJ f\\W ~ l .vlr <. 6 -I- 06 ,~~4.~w j~., . ?j...o..5 ?IP1J NbWlol1 IJv ~;{~-- ":..:;;,;' ~ h...c. ~ -.....--- ~-Z,.~ -~;; <:... . / .~ {I-I ~ PROPOSED CANOPY AND PUMP ISLAND CHANGES IF YOU LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN' BELOW. NAME ADDRESS I CITY IN FAVOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 30 J 1- 13 PROPOSED CANOPY AND PUMP ISLAND CHANGES IF YOU LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN BELOW. NAME ADDRESS I CITY IN FAVOR ) / 4 / 1 f kl,/} .In.. A *--:".:;:1., JJ.i J 50),5 'I-;<J 1:t /~-f Yo, /6/}2A / 2 "J:f;:i.::./ .) .~..-. {) '620 T_f~1--1 A,v~. ~ /;(i c::-. ) 3 \){'i __9 ~>J,., '( Z.\~ Kl"-I!>L..\\ A\i-e...\ ,', ,'" ,res <. 4--r;:.c. {/. /. v, ';'L Y.::r.....", >>1 YI".,;4<<,-';. . -, "/A/.;:;-~-"'/';!;: y"" <' 5 lw'O?fZt I. 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L", CO C,,< Al' -:UV ;V\ ~\ A\J t:: vYe_ '7 22 tr0rt"'\ .'~ ~ '\ )-0$)' It '1 f A"-A-V~M ~ '" 23 :.7) 'J' / / f ,I < <:./ . /' 7 ), '/ . . , "*' ~ ..fe#J, ~,f /-.A h:-kL?/p-^~/,r:.Yu... ..-::) 7.';:)7 kJ'. v.2J ,:-~,/ f.A ~..> 24 I~v.//i/,;r. S/I'#A/..t/c'....v ?/cr ,<-ri! /4 t/e. S. 'Y'€' ~ 25 t1 j/l4;'11.{~e{/ dJu/'t.fi --....7 t I '-/,;(;P,.ur tft1A S Y..u-/ 26 > L (I/)-;1 V~ {J ~?JI.rIl/~rl}e.- 5/J y~ 27 / t/ ....-4'~~/ ~.L" 77 do tPe/V/J A_V_6 V ~ c 28 ~. 1 /)1 },},l~mrJ I)J/~/ . '7W35 PI nn -Intf ,< ~ W /1-- 29 I ~l 4 f.lu... '{VI tifA bu, Lf' --C- U f 6 If 'f VL-!yrr /i ./J I w ,,5- 30 ~ ;r~~,//... J)e bC:;29 //JA,!hr,-"A jJ{y S:' IO~ ~ "- '-' . . ("".- / " II-It-} PROPOSED CANOPY AND PUMP ISLAND CHANGES IF YOU LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN BELOW. NAME ADDRESS I CITY IN FAVOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 7S2.() If- l' <-h.. , yeS 1{--f5 PROPOSED CANOPY AND PUMP ISLAND CHANGES IF you. LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN BELOW. NAME ADDRESS I CITY IN FAVOR 23 24 25 26 27 28 29 30 : (j ~- ~ ~ If '" ( Co PROPOSED CANOPY AND PUMP ISLAND CHANGES IF YOU F LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN BELOW. NAME // - /(/ ' .' ,,-r 1 co''} ! vtk.-?'"I 2 S2'~~ ,J /7l1J~ 3 i%-?/#_P~' /.//__ [#/./1/, LI 4 y .t/ ,.7/ .A ):;Jvt~/ 5 7';"";>' /" ~' /.";:/&$/u...,). ~.. ~ 6 -:9U"/J1u//7fI-# M n~' 7 ..:;:7---=- 4/M~ 8 /" ::7 ,r- (~)';/, ;i' ....o-<~ ....; <t-.54........C 9 1/_/.;1,,) Jr. '. me. r,- 1 0(~llJ/1f7i1(1 ,< ()(J/i I 11 t/) ;1~ /1/1., L l-{j;J /,~ J7 A' A /l 1 1 2 If" " 1'7 L._ ,'i".-\;--J - '.~'1- ,)~ ~ 13 I~CWV; 14 A~tC/ 15 0-'--: J.'/ (\/1 16 ~Jb,/, I r,,t/;Jlu 1/ 17 IliWl)LV!~ 18 "2A(.,~V'1 Ho.vv. 19 DE;J /~LrIrv(t7(v 20 I~I r-1-re1P~ 21 'f€VI,...j CCPOF="R 22 23 1t.!\J ./...-- e. ' g /" t/ ,;./ IV 24 ''\ \",-.. l:l ~ ;,( 25 A:...7/, _'ITl.., 11 ,> ( __ 2Er 'I' J\;~X:-)())( !lA' /11\7 27 ~ S LfJ V 28 'fAil c,!i4 it 29 ~; J/l -I "L IU /V'L-L.. 30 ADDRESS I CITY IN FAVOR ,7 Lj 5r-/k-'j'd""'; u 1/( <:;. .y e' f' d /5/ J- ftf.,/.../J 4-11- <:~j L J ",,? ).' ! ~ 9'4-1/. -i:~.Jr.;"/JL 4/;.t:::'.c1/ / / [;Cf I ~ L;, rvc{'~ /!-//,/: ( ~ /t.- S ---" ~ 7~ <;;l: 4""~' ~J/v- 'lv(:', -7 coo K (F'K?5' ,4 v <)'0 V 7' ~ .,26/J / f n -r s:T "j tJ -f A,57 i-/ .,P <" /1": ,. ....-::1-' / v~ "'.-..' ~c>'o-? 1t0/ ~..J.' A 1/<.' '- '" L 7 n (~~ Av...c 0 C"<::, i 0 / ~(;l \.}I,"V-l/1 {f ~~. ( ~ /') 771 tJ h AIM /J/UfJ :5 d d /?t./ U;l/itl .J2 19q~ \"'U---'--'"" f ~e.....? 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NAME ADDRESS I CITY IN FAVOR If-lor PROPOSED CANOPY AND PUMP ISLAND CHANGES j (---~ ) IF YOU LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN BELOW. NAME ADDRess I CITY IN FAVOR 1 .....A J.-- ~...L ~.?2". /J. '" r // l 'r ,-.p /1 tJ,sCUI./ /1...1 v..-/ rt' JfvvV' C?u ~ 2 \(;(').~I-- .~\JI\"<:;;"<:i,~-~ C~\c~~---Qji 3 ..J?~ L~, 7,~ 5bl'rK 4~\,~J(~ ~~$'SI.'\"'\~~ "k?f), {u ''10 'j 1 I, I"~ ~ ~ 5 tU..,'l I: II /.____._' }:.-,f~~ ' if; ~/ 6 '-;]A~ tJ JAlAli:. It. ;;/ll-II f// i>Jt~ If/cyy jZ ( tlf-Iel J/ /C?;. 7,!<:u,jJ IV\. ' ,'ii ~.II. '~ l?J/.i1'1;;;..... ;,/1' J9 "[J ~ llJR2> 8 ~~\ r~.~ LP~C() 'f.ll A~ {Luc./~ ~'VW 9 I ~.<.:/.AfJJtf' v ~l":rr1 i/VI....... ~ ,: A.... $'..> . L1.P.... 1 0 / ( L Jf (""17.3' cs<. 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LI ~ <;.. 19 ~. ~~7~'A" -~ --- ,.r I 1'A/ 20 ,1/H-1- //fJ-r~... ~sr ,:5;" J.,i/ fJIVIL { ,~ 21 ~1J/.1./ J I_.~- t90j/ \/^){.h'l fA.,.~ \'. ~!%:) 22 '1!/j/JXJ/A~//1Zl.l{ t.PRtJt1 al1h jjv/ 114-1 23 ~\..i"\.t, \J~ VC\ ~\\-.\l\:tA { lJv'..:A / 24 fr(orJ \LVi?\ I JiMI f=f rf~~ (L V~5 25 ~eve ?\ooc,\ '12'2l -(-AM~- live ~ 1/ ~< 26 c.", I"PI Ji2.ot:S J 7-:Y/) ~r~4.p ~ :.I~ 27 '1\' \ \ ~k ~j~ ," ..... .. 1" '7-1 fi\J tJ....v\AVVl- /~ 28 Ifi:JdJ A I ( Ij)/An JOy) "i{)3~ Fenn!tw- t, C.<\ 29 I~ I ~., vZr1A--;;::'"J-Lf Jv 0 // Y-f/- /j...v;~ { t-1r:;Z. 30 tJ Y-C5 J: A (,J' /) \ I( 'I. .p \' .'" ! ~ 11- ).0 PROPOSED CANOPY AND PUMP ISLAND CHANGES IF YOU LIKE THE PROPOSED CHANGES YOU ARE INVITED TO SIGN' BELOW. NAME ADDRess I CITY IN FAVOR ~ ~ . 1 ~ h~,-J)A-I.,.,.,~l t, 1i/5- /II~~. /.O\'L~) A-7hr- X \/es 2 r-z::: A ... ~/T-rJ~ j :3 8 ~ i r:x..~U f)/{.,. A )/ : /.-1..,,, 1 3 ~ '1J/~,n'~-17l{//V1 r /1f-Tf~L'r/.J/) 4 ~ IfdPA:., I ..... ~ 6-1. '1z-~ '=' 7 '+i<b. 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STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: L YNNETTE CHAMBERS, LEASED HOUSING SPECIALIST NAME, TiTLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of resolution regarding the use of funds from the Community Development Block Grant allocation for 2007. 1. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution authorizing the use of funds for the 2007 Urban Hennepin County Community Development Block Grant Program and authorizing signature of a Subrecipient Agreement with Hennepin Count and an re uired third art a reements. I II. BACKGROUND I The City Council is scheduled to conduct a public hearing on February 13, 2007 to authorize Richfield's use of the 2007 Community Development Block Grant (CDBG) allocation of $204,161. As in past years, Richfield proposes the funds go toward home rehabilitation and public service. CDBG funds come from the federal government to Hennepin County. Hennepin County then distributes the funds to local communities. 021307 CDBG The Richfield Housing and Redevelopment Authority (HRA) administers a home rehabilitation loan program for low-income homeowners. Often, because it is a deferred loan that requires no monthly payment, homeowners on limited incomes can make necessary repairs and improvements without an additional financial burden. The loan is satisfied in the future when the home is sold. Richfield would support four public service agencies through the CDSG allocation: Household and Outside Maintenance for Elderly (H.O.M. E.), Jewish Vocational Services (JVS), Community Action for Suburban Hennepin (CASH), and HOME Line: . H.O.M.E. is a homemaker, maintenance and chore service program for residents who are 60 years old or more, or who have a disability, with the goal of keeping people in their homes longer to avoid the high costs of nursing homes care. Clients are asked to pay for services based on a sliding fee scale. . JVS provides funds to help cover day care costs of lower-income families who are working, in school, or who are experiencing a short-term emergency need. Co-payments are determined on a sliding scale basis. . CASH provides homebuyer workshops, individual homebuyer counseling, foreclosure prevention services and counseling, and reverse mortgage services. Services are available to residents of any income level, but CASH estimates that two-thirds of the Richfield households served are below 50 percent of the median income. . HOME Line provides support to renters by offering free call-in or walk-in service, providing information and advice on tenant/landlord law and on court procedures. Staff also helps solve problems such as maintenance/repair related issues or instances of management abuses. A Renter Education Program for high school students is a program presenting the basics of renting for young people soon to be entering the rental market for the first time. This program has been successful at Richfield High School and Academy of Holy Angels. Third party agreements with each of these agencies are prepared annually. The Richfield Community Development Department and Richfield Community Human Services Planning Council (RCHSPC) work collaboratively to address public service needs. RCHSPC makes recommendations to the City Council regarding public service funding for CDSG funds. This year's recommendation by RCHSPC is below and is based on a percent allocation they established last year. The recommendations for public service funding with the prescribed county guideline of a maximum of 15 percent would provide a total allocation of $30,620. The chart below summarizes the recommended funding: Project Allocation Per Total Recommendation Project 1. Public Service: a. HOME Line $ 17,936 b. JVS $ 5,620 c. CASH $. 3,532 d. H.O.M.E. $ 3,532 $30,620 Rehab of Owner-Occupied Property $173,541 $173,541 TOTAL COBG ALLOCATION $204,161 $204,161 I III. BASIS OF RECOMMENDATION I I A. POLICY I . Allocation of federal CDBG funds is an annual activity. . Hennepin County has an allocation system, which is unique in providing an annual funding source that can be planned for. I B. CRITICAL ISSUES I . A public hearing on this matter has been scheduled for February 13, 2007. . Hennepin County allows 15 perqent of available funds to go to public service. The $30,620 available this year for public service was distributed on a percentage basis as in the past, based on recommendations of the Richfield Community Service Planning Council. . Staff is working with the Attainable Housing Committee to identify other programs and resources that support lower income households. I C. FINANCIAL I . The total Urban Hennepin County CDBG Program allocation for Richfield in 2007 is $11,201 more than 2006. I D. LEGAL I . . Notice of public hearing was published February 1, 2007 in the Sun Current. I IV. ALTERNATIVE RECOMMENDATION(S) I . Modify the amount of funds allocated to each project in a way that still achieves funding guidelines. . Fund other projects. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A I ;)-t RESOLUTION NO. RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2007 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS WHEREAS, the City of Richfield, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Slock Grant (CDSG) Program; and WHEREAS, The City of Richfield developed a proposal for the use of CDSG funds made available to it, and held a public hearing on February 13, 2007 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities for the City's proposed use of $204,161 from the 2007 Urban Hennepin County CDSG Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of Richfield, Minnesota approves the following projects for CDSG and authorizes submittal of the proposal to Hennepin County for review and inclusion inthe 2007 Urban Hennepin County CDSG Program. Project Allocation Per Total Recommendation Proiect 1. Public Service: e. HOME Line $ 17,936 f. JVS $ 5,620 g. CASH $ 3,532 h. H.O.M.E. $ 3,532 $ 30,620 Rehab of Owner-Occupied Property $173,541 $173,541 TOTAL CDBG ALLOCATION $204,161 $204,161 BE IT FURTHER RESOLVED, that the Mayor and City Council hereby authorize and direct the execution of the Subrecipient Agreement with Hennepin County and any required Third Party Agreements on behalf of the City to implement the 2007 CDSG Program. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 021307 CDSG AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 13 54 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with International Association of Firefiqhters Local 1215 for the contract period January 1, 2007 throuqh December 31, 2008. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2007 -2008 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authorize the City Manager to execute the agreement. I II. BACKGROUND I City staff has completed labor negotiations with the International Association of Firefighters Local 1215 (Union). The provisions of the contract agreement for 2007- 2008 cover all the employees in this Union. There are twenty-four employees represented in this unit. The tentatively approved settlement includes the following significant changes: 1. Waqes A 3% across-the-board wage increase, effective January 1, 2007 and an additional .5% across-the-board wage increase effective the first full pay period in July 2007. Re-opener in 2008 for wages. 0213FlreContract 2. Health Insurance A maximum $50 increase to the Employer health insurance contribution for contract year 2007 which provides full coverage to single Employees, $705 per month for Employee plus spouse or Employee plus child(ren) coverage, and $750 per month for Employee plus family. Re-opener in 2008 for health insurance. Effective January 1,2007, the Employer would contribute an additional $2 towards the employee single dental insurance premium fora maximum total monthly contribution of $32. 3. Lonaevity Pay An increase of .5% was made to each step in the longevity pay provision, effective January 1, 2007. At the time of this agreement, 18 firefighters receive longevity payments, which are based upon the employee's regular base salary. Under the new contract, the longevity payments will be 3% after 5 years of service, 4% after 10 years of service, 5% after 15 years of service and 6% after 20 years of service. Effective July 1, 2008, employees shall receive a longevity payment of 6.5% after the completion of twenty-five years of continuous service. Such payments shall be based upon the employee's regular base rate. 4. Overtime Pay A contract language change was made to Overtime Pay reinstating a provision that provides employees, required'to return to work hours in addition to their regular shift, a minimum of three hours of overtime pay (time and one-half their regular rate). I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. . The 2007-2008 proposed settlement is identical in 2007 wages and health insurance provisions to non-union City employees and all other bargaining units, except for Police, which has not yet been finalized. The contract provisions are also well within the range for other comparable bargaining groups in similar metro cities. . This contract reflects the first union settlement for 2008. I B. CRITICAL ISSUES I . In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2007 wages and benefits, it is recommended that the City Council act on February 13, 2007 to adopt the attached resolution providing for contract changes, effective January 1,2007. I C. FINANCIAL I . 3% wage increase effective January 1, 2007 with an additional .5% increase the first full pay period in July 2007. . A maximum $50 increase in Employer monthly contribution towards health insurance coverage. . $2 increase in Employer monthly contribution towards employee single dental insurance in 2007. . .5% increase at each step in the longevity pay plan, effective January 1,2007. . A new step in the longevity payment provision of 6.5% for employees with over 25 years of service, effective July 1,2008. I D. LEGAL I . If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. . Defer discussion to another date. I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 13-1 RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), lOCAL 1215 BARGAINING UNIT FOR THE YEARS 2007 AND 2008 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for years 2007 and 2008; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for years 2007 and 2008, under the provisions of the Labor Agreement to be implemented, effective January 1, 2007 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk , r, ,I AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 14 55 STAFF REpORT RICHfIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREP ARED By: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITYMANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a No Parking resolution on Richfield Parkway, 18th Avenue and 66th Street. I I. RECOMMENDED ACTION: By Motion: Adopt a resolution for "No Parking" on both sides of Richfield Parkway, 66th Street and 18th Avenue for construction of the Richfield Parkway and 66th Street Roundabout. I II. BACKGROUND I The construction of the Cedar Point development including a Super Target .store will require animprovement to the intersection of 66th Street and the new Richfield Parkway. Construction of a roundabout is planned for 2007 and scheduled for completion prior to the opening of the Super Target store. This project is eligible for State Aid funding because Richfield Parkway is part of the City's designated Municipal State Aid (MSA) system. Currently, there is a "No Parking" restriction on 66th Street, but a new resolution is needed to receive MSA approval of the new roundabout. I III. BASIS OF RECOMMENDATION I A. POLICY 021307 17thAveNoParking ,. ,f' . MSA standards of an arterial street with limited width require no parking restrictions. lB. CRITICAL ISSUES I . The intersection of Richfield Parkway and 66th Street is scheduled for reconstruction in 2007. A no parking resolution is needed to meet MSA standards for Mn/DOT plan approval so that the City can use its Municipal State Aid funds to build the project. I C. FINANCIAL I . The cost of No Parking signs including installation will be about $1,000. This cost will be financed using the revenue from special assessment bonds issued for the roundabout project. !D. LEGAL I . Parking restrictions in and near the roundabout are designed to improve safety. The city has the authority to restrict parking on public streets. I IV. ALTERNATIVE RECOMMENDATION(S) . I . Restrict parking for the entire road project. However, certain sections of the south leg of the roundabout, known as Richfield Parkway, and parts of 18th Avenue are wide enough to accommodate on-street parking without interfering with traffic flow. . Allow on-street parking for the entire project. However, Mn/DOT requires a no parking resolution prior to granting approval of project plans where the road is not wide enough to provide on-street parking. So, the project would not be eligible for State Aid funding without Mn/DOT approval of the plans. I V. ATTACHMENTS I . Resolution relating to "No Parking" traffic control signs on the required streets. . Graphic of the Richfield Parkway. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. .t . .< J q-J RESOLUTION NO. RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" ON RICHFIELD PARKWAY, 66TH STREET AND1STH AVENUE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City staff is hereby authorized and directed to erect the following signs at the following locations: "No Parking Any Time" on both sides of Richfield Parkwayfrom the centerline of the roundabout to 250 feet south and from 66th north to 65th Street. "No Parking Any Time" on both sides of 66th Street from Cedar Avenue to 16th Avenue. "No Parking Any Time" on both sides of 18th Avenue from Richfield Parkway centerline to 70 feet north. 2. That when the aforementioned traffic control signs have been so erected on said street, they shall be official traffic control signs of the City of Richfield and failure to observe such signs shall constitute a violation of the traffic ordinance of this City. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk .. . 14- :J- ~ CSAH 53 (66th Street) at Richfield Parkway . Intersection Improvements (Roundabout) City of Richfield, Minnesota FINAL LAYOUT WITH PARKING RESTRICTIONS . - #' AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 15 56 STAFF REpORT RI@H1fIELB CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ I2SI REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution ordering the improvements at 66th Street and Richfield Parkway. L RECOMMENDED ACTION: By Motion Approve the attached resolution ordering the Richfield Parkway and 66th Street Intersection Improvements, . I II. BACKGROUND I On November 22, 2005 Council called for a feasibility report on proposed improvements at 66th Street and 17th Avenue (now known as Richfield Parkway.) Special assessment bonds are proposed to finance the improvements. A feasibility report was submitted to Council on November 14, 2006 showing that the proposed improvements are necessary, cost effective and feasible. Council held a public hearing on the proposed improvements on December 12, 2006 as required by law. At the December 12, 2006 Council Meeting only three Council members were present. The City Attorney has determined that at least four Council members must be presentto acton the attached resolution ordering the improvements. An additional public hearing is not necessary. 0213Parkway Improvement Ryan Companies, the developer of the Cedar Point Redevelopment Project, has already agreed to be assessed for twenty percent (20%) of the cost of the project, at $850,000. The balance of the debt service, $3.4 million, for the bonds will be paid ,from general tax revenues. The actual assessment for the project will be conducted at a later date when actual costs are known. The process needs to be completed soon so that funding is in place in a timely manner to meet the development schedule for the Cedar Point Project. Road construction is scheduled to begin in April 2007. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The proposed improvements at 66th Street and Richfield Parkway are consistent with the Cedar Avenue Corridor Redevelopment Master Plan. I B. CRITICAL ISSUES I . The special assessment bonds need to be issued to finance the purchase of right of way needed for the new intersection and for the construction of the new roundabout. I C. FINANCIAL I . The project will cost $4.74 million plus an additional $500,000 for right- of-way acquisition from the Metropolitan Airports Commission and will require $4.25 million in special assessment bonds including 20% from the developer of Cedar Point Commons. Additional funding of the project will come from the Metropolitan Airports Commission and the City's Municipal State Aid Street funds (gas tax revenues.) I D. LEGAL I . The City Attorney has requested that the attached resolution be acted on when at least four Council members are in attendance at a Council meeting. I IV. ALTERNATIVE RECOMMENDATION(S) . None. I V. ATTACHMENTS I ' . Resolution ordering the Richfield Parkway and 66th Street Intersection Improvements. . Map showing the area for the assessment . Analysis of Tax and Assessment Impact for Proposed Special Assessment Bond I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. o \~ /5-1 RESOLUTION NO. RESOLUTION ORDERING THE CONSTRUCTION OF THE RICHFIELD PARKWAY AND 66TH STREET INTERSECTION IMPROVEMENTS WHEREAS, pursuant to resolution of the council adopted November 22, 2005, a report has been prepared by WSB &. Associates with reference to the improvement of 66th Street and Richfield Parkway by constructing a new roundabout and this report was received by the Council on November 14, 2006;.and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota(City), as follows: 1. Resolution No. 9848 called a public hearing for Tuesday, December 12, 2006, at6:30 p. m. to consider the making of certain improvements known as the Richfield Parkway and 66th Street Improvements (Improvements). 2. Ten days' written notice and two weeks' published notice of the public hearing was given in the manner provided by law. The public hearing was held on December 12, 2006, and all persons desiring to be heard were given that opportunity. 3. The Improvements are necessary, cost-effective and feasible, all as detailed in the Engineer's feasibility report on the Improvements. 4. The Improvements are ordered as proposed in Council Resolution No. 9848. 5. The City Engineer is designated as the engineer for the Improvements. The Engineer is authorized and directed to prepare plans and specifications for the Improvements. 6. The City Council declares its official intentto reimburse itselffor all or a portion of the costs of the Improvements from the proceeds of tax exempt bonds. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk /5-- d- December 5, 2006 Richfield Parkway Improvement Project Area To Be Assessed 62nd TAFT PARK 63rd ~~r-l ~~-_.---,-_.+--- ---- ..-! iEJ~j coJ.....1 ..r:".____L.____ ___.J 64th + Cedar Point (Area to be. Assessed) 65th ,,_. ...J h Richfield Parkway Improvement 67th ~ 68th RICHFIELD PUBLIC WORKS . J 5 ~3> City Of Richfield,MN Analysis of Tax Impact for Potential Borrowin~ December 5., 2006 Bond Issue Size Type of Debt Est. Tax Capacity Rates.(debt only) Net Tax Capacity (Pay 2006) Annual Levy Increase Increase in Tax Rate Type of Property Residential Homestead. Commerciall Industrial '\ . EHLERS :. ASSOCIATEs IHe Taxable Market Value 125.,000 15.0,000 175,000 200,000 225.,000 25.0,000 275.,000 5.00,000 75.0,000 1,000,000 1,5.00,000 2,000,000 $4,25.0,000 G.O. Improvement Bonds 29,279,438 276,875.06 0.945630% . Estimated Increase in Taxes for Debt Service Only $12 $14 $17 $19 $21 $24 $26 $87 $135. $182 $277 $371 12/5/2006 AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 16 57 STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY . MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of land needed to complete the.66th Street & Portland Avenue Intersection Project at 6600 5th Avenue, 6601 5th Avenue, and 6601. 4th Avenue. I. RECOMMENDED ACTION: By Motion: Approve a resolution establishing just compensation and authorizing purchase ot partial right-ot-way takings located at 6600 5th Avenue, 6601 5th Avenue, and 6601 4th Avenue. I II.. BACKGROUND I The 66th Street and Portland Avenue Intersection Improvement Project requires additional right of way. Three single-family homes have been acquired and three commercial properties will need to be acquired. Partial acquisitions are also expected on three commercial properties, one multi-family property, one single family home, one group home, and a narrow strip of land along the front of Veterans Memorial Park adjacent to 66th Street, which would be replaced with new parkland contiguous to Veterans Park. . Appraisal reports were prepared for the 6600 5th Avenue property. The review appraiser's recommended determination of just compensation is $725 for this 0213PortlandPartials temporary construction easement. This amount reflects the temporary construction easement needed to complete work adjacent to the property and will be the basis for the offer to the property owner. Appraisal reports were prepared for the 6601 5th Avenue property. The review appraiser's recommended determination of just compensation is $5,425 for this partial acquisition. This amount reflects the permanent sidewalk and utility easement and temporary construction easement needed and will be the basis for the offer to the property owner. Appraisal reports were prepared for the 6601 4th Avenue property. The review appraiser's recommended determination of just compensation is $725 for this temporary construction easement. This amount reflects the temporary construction easement needed to complete work adjacent to the property and will be the basis for the offer to the property owner. I III. BASIS OF RECOMMENDATION 1 I A. POLICY I . Right of way acquisition procedures set forth by the Minnesota Department of Transportation and the Federal Highway Administration are being followed. I B. CRITICAL ISSUES I . Offers will be made to the property owners at 6600 5th Avenue, 6601 5th Avenue and 6601 4th Avenue upon receipt of Council's approval of just compensation and authorization to purchase. . Properties are being processed for Council's consideration for just compensation and purchase authorization as staff receives appraisals. I C. FINANCIAL I . Hennepin County using Community Works Funds will provide funding for the purchase of these parcels. I D. LEGAL I . The City attorneys have overseen the right of way acquisition process and will be available to answer any questions. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may choose to delay approval of the just compensation and authorization to acquire these properties. I V. ATTACHMENTS I . Resolution establishing just compensation and authorizing purchase of real estate property and necessary easements from properties located at 6600 5th Avenue, 6601 5th Avenue, and 6601 4th Avenue. . Project map outlining properties impacted by the intersection improvements. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. lto - I RESOLUTION NO. RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PERMANENT SIDEWALK AND UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS LOCATED AT 6600 5TH AVENUE, 6601 5TH AVENUE, AND 6601 4TH AVENUE (66TH STREET AND PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT) WHEREAS, the City of Richfield, Minnesota desires to purchase certain necessary easements pursuant to and in furtherance of the 66th Street and Portland Avenue Intersection Improvement Project (Project) heretofore adopted by the City of Richfield (City) said real property being described on Exhibit A, together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS, the City has adopted a layout for Project improvements; and WHEREAS, the Project improvements necessitate the purchase of real property and easements appurtenant thereto; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property and easements within its corporate boundaries; and WHEREAS, the City has caused appraisals for the properties to be made by qualified independent professional appraisers to determine fair market value of real estate and easements; and WHEREAS, a qualified review appraiser has certified the real estate appraisal reports as being in conformity with appraisal standards; and WHEREAS, the Richfield Public Works Department and City Attorney have reviewed all appraisal rep()rtsand review appraisal reports prepared for the properties and the City staff recommendations of just compensation for the real estate and easements, and concur that such amounts should be determined by the City Council as the just compensation for such properties, as indicated in Exhibit A; and ' WHEREAS, the Richfield Public Works Department has also recommended that the City proceed to make offers to the owners of the properties in the just compensation amounts of $725 for the 6600 5th Avenue temporary construction easement, $5,425 for the 6601 5th Avenue permanent sidewalk and utility easement and temporary construction easement, and $725 for the 66014th Avenue temporary construction easement. WHEREAS, the just compensation amounts indicated are consistent with said appraisal reports and review appraisal reports. NOW, THEREFORE, BElT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the total just compensation for each of the individual parcels of real estate and easements are found to be the amounts indicated in this resolution. lCor-;)- 2. That the City's staff and consultants are authorized and directed to submit to property owners the City's offer to pay such just compensation amount for all interests in each such property and commence negotiations for the purchase of said property interests. 3. That the City's staff and consultants are hereby directed to notify, in writing, the owners of the properties that the City intends to acquire the property indicated in Exhibit A. 4. That the City Manager and Mayor are authorized to execute purchase agreements in a form acceptable to them and take all other actions necessary to complete the purchase of the property and easements for the amount of just compensation set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of February, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ((P -- '3 LO LO LO ca N - N ..-::r N 0 r--. LO r--. t- Y7 Y7 Y7 CI)"C_ -1::1:: ..ocaCl) ca f/) E 0 0 0 >CI)Q. 0...._ Y7 Y7 Y7 E ::::s ::::s -C" E.~ UJ -LL. .! ca LO - LO LO f/) N UJ N ..-::r N r--. r--. ca Y7 LO Y7 CI) Y7 c::: <C !:: m J: >< UJ t>> I:: CI) em J!l f/) e CI)"C -e 1::,- -::::s ....C" o to) I::<C o ~ Q. 'i: to) f/) CI) C f/) f/) e "C "C <C ~ CI) Q. e a. ~CI) _to) .- ... Uta a. ~ ~ o c.. 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STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: c:r- ~ DEPARTMENT DIRECTOR REVIEW: ITEM FOR COUNCIL CONSIDERATION: Consideration of a proposed layout change on 66th Street and Portland Avenue Intersection Reconstruction proiect with the acquisition of an additional sinqle familv property. 1. RECOMMENDED ACTION: By Motion: Approve the proposed layout change for the 66th Street and Portland Avenue Intersection Reconstruction project with the addition of one sin Ie famil ro ert ac uisition. I II. BACKGROUND I At the January 17, 2007 Worksession, the City Council was informed about the possibility of modifying the 66th Street and Portland Avenue Intersection layout to provide for improved traffic operations around the intersection and specifically at the intersection and bus pullout located at 66th Street and Oakland Avenue. The layout changes would involve removing the access point to the southeastern automotive site from 66th Street and replacing it on Oakland Avenue. This change would both improve the safety and operations of the area and act as land mitigation to the T & T Automotive business impacted by the project. The owner of the 6600 Oakland property is not opposed to an acquisition and the property is currently vacant. 0213Cornerstone Notices were mailed out inviting the area residents to solicit feedback on the proposed layout change and an open house was held on February 1, 2007 to discuss the layout, neighborhood concerns, and possible mitigation options. Discussion at the meeting produced a mitigation strategy that would include a physical feature preventing traffic from traveling south on Oakland Avenue south of the driveway entrance into the 6600 Oakland property. The comments received regarding the proposed changes are attached. At their February 7,2007 meeting, the Transportation Commission supported the proposed layout changes and recommends approval of the proposed layout based on the traffic safety and operation improvements that the new layout would provide. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Improvement of the Portland Avenue and 66th Street intersection is identified in the City's Comprehensive Plan and Capital Improvement Program. . Hennepin County Access Spacing Guidelines support the relocation of T & T Automotive's access to Oakland Avenue. I B. CRITICAL ISSUES I . The 6600 Oakland property owners (Cornerstone Advocacy Services) are keeping the house vacant in anticipation of an acquisition of the property. . If a land exchange agreement with the T & T Automotive property owner cannot be achieved, the site will lose the ability to sell gasoline and may result in a total take. The owner of T & T Automotive has repeatedly expressed a preference for the Cornerstone property over the Zalesky Printing property as a land swap settlement. I C. FINANCIAL I . No relocation costs would be required if the property were acquired while vacant. . The $9.1 million budget would increase by approximately $260,000. . If the T & T Automotive property becomes a total take that could significantly impact the project budget. I D. LEGAL I . The City Attorney will be available to answer questions. I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council may choose not to approve the proposed layout changes and move forward with the existing layout. I V. ATTACHMENTS I . Public Benefit graphic showing proposed layout changes. . Comments received regarding the proposed layout changes. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Neighborhood residents and business owners. LOOZ 'Ot Alenuer J.1:l3N38 ~1'8nd e~osauu!w "pla~4:>!~ ~o ~!~ (~noqepuno~) ~uawaAoJdwl uo!paSJa~ul . (aAV PUlpJOd) st HVS~ 'I (,s IIJ99) E9 HVS~ p- 1nOA V1 31 VN~311V -. ....) \ - 1nOA V11N3~~n~ , ,.: J p <;;> Memorandum J r'J..- d- Public Works Department www.cityofrichfield.org/publicwofks Date: February 6, 2007 .To: Transportation Commission From: Kristin Asher Assistant City Engineer . Copy: City Council . . Re: 66th Street&PortlandIOakland- Land Exchange Open House Comments Received at February 1~ 2007 Open House 9 people attended the Roundabouts Open.. House on Februar)' 1 st. . There was good discussion on how to mitigate any. impacts to most of the residents on Oakland Avenue. . The option of inCluding some typedf physicalbaiTier to preventtraffic from going south on Oakland from 66th Street was discussed ( sample attached). 5 comments were received from the attendees. . Below are the actual commentsreceived: Resident AndyT aylor 6619 Oakland Heidi Gaibor 6915 Wentworth 6625 Oakland . Monte Crumrine 6644 Oakland Debbie Goettel 6525.James . Comment ,we are very concerned about commercial access to residential streets. We would appreciate more consideration to provide access to T& T on 66th and . also.. p. o..rtland ra.. th.e. .rthan... onO. aklan.. d.... A brief. discussion about. a.one.-w.ay feathered island.on Oakland for an entrance/exit to T& Twas the most viable ifthereis to be commercial access from Oakland Avenue. I'm'h,appy to see that some of Richfield's long-time businesses have been . taken into consideration andwill be ~lIowedto stay. I think that now, the City needs to consider the neighbors whoWiII be impacted both by business access traffic and roundabout avoidance traffic. ' . . - .. The dedicated bus spaceig a goodidea, although that can be done on a semaphore intersection as well (see Nicoliet Ave: @66thStreet). My preference is still NO ROUNDABOUT@Portlandand66th. Putthe turn in for T & T closer to the comer and put in a bermsoyou can only go north. ' I amin supportofthechanges and will be utilizing the businesses onthe comer where .1. currently do not because of congestion. ' Good Job! I prefer looking at the Zalesky site for an entrance - not pushing trucktraffic onto Oakland Ave. The Cornerstone property could still be purchased and the buscut-indone. Cornerstone property could beredeveloped or add on in a better use / different use. I would .havepreferred to see both alternatives complete and. ready for presentation, Zalesky and Cornerstone; It would.. have been more of a choice. Felt like the Cornerstone option was the onlyoption and this may not bethe case. . .IV .~. !<l' ~];F..'il!.""l' ~ ~ Gr~c~ ~ l'.'.....~"'" .:' '.'" '::dii&.{ AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 18 REpORT # . 59 STAFF REpORT CITY COUNCIL MEETING FEBRUARY 13, 2007 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: EI REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of plans and specifications for the Richfield Parkway and 66th Street Roundabout Improvement Proiect and staff authorization to advertise forbids. 1. RECOMMENDED ACTION: By Motion: Approve plans and specifications for the Richfield Parkway and 66th Street Improvement Project, City Project 41410, and authorize staff to advertise for bids. I II. BACKGROUND I As part of the developer's agreement for the Cedar Point Commons Project, the City agreed to build a new intersection on 66th Street that will serve as the main entrance to the new shopping center. The final plans for the. Richfield Parkway and 66th Street Roundabout Improvement Project will be available for Council review at the Council meeting. . The improvement consists of a two-lane roundabout with accommodations for additional left-turn capacity out of the Cedar Point Commons development. Raised center median islands are proposed on all four approaches, and will contain. extensive aesthetic treatment, including vegetation, decorative concrete and limestone walls. The new intersection will serve as the first stage in development of 0213 Richfield Parkway Roundabout . a new north-south arterial to replace the Cedar Avenue frontage road. As such, the proposed improvements include accommodations for pedestrians and bicycles en route to Taft Park, as well as east- and westbound bus pullouts. At a January 25, 2007 Open House, residents indicated their preference that no access be provided to 1 yth Avenue South of 66th Street from the new roundabout. Residents were opposed to traffic using 1 yth Avenue as a cut through route to and from the neighborhood to the south of 66th Street. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The proposed improvement is consistent with the Cedar Avenue Redevelopment Master Plan that calls for new land uses that are compatible with the nearby Twin Cities International Airport. I B. CRITICAL ISSUES I . The roundabout needs to be open for traffic on August 1, 2007 according to the City's agreement with the developer of the Cedar Point Commons Project. . The design of the roundabout has been modified to close access to 17th Avenue south of 66th Street from the new roundabout. I C. FINANCIAL I . The project will cost $4.74 million and will require $4.25 million in special assessment bonds including 20% from the developer of Cedar Point Commons. Additional funding of the project will come from the Metropolitan Airports Commission and the City's Municipal State Aid Street funds (gas tax revenues). I D. LEGAL. I . The City Attorney has been consulted in preparing the plans and specifications for this project. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could direct staff not to construct these improvements. However, the City is obligated under its agreement with the Ryan Companies to build a new intersection as the main entrance to the Cedar Point Commons Project. Iv. ATTACHMENTS I . Final layout of the Richfield Parkway and 66th Street Roundabout . Graphic of 17th Avenue - no access to Roundabout I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Jupe Hale, Design Engineer for WSB & Associates ..... CSAH 53 (66th Street) at Richfield Parkway . Intersection Improvements(Roundabout) City of Richfield, Minnesota FINAL LA YOUr ~ CSAH 53 (66th Street) at Richfield Parkway . Intersection Improvements (Roundabout) City of Richfield, Minnesota 17th Avenue - No Acces to Roundab ut with Hammerh ad Stre t T rmination AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 19 60 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING REpORT PREPARED By: RANDy HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: )( REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of hiring Short, Elliot, Hendrickson (SEH)for Construction Management Services and to provide Construction Administrative Services for the proposed Maintenance Facility. . 1. RECOMMENDED ACTION: By Motion: . Approve the purchase of Construction Management Services from SEH for $285,000.00, not including reimbursable expenses. . Approve the use of SEH to provide Construction Administration Services for a fee not to exceed $132,000.00, not including reimbursable expenses. I II. BACKGROUND I At the January 23, 2007 Council Meeting construction delivery methods for the proposed Maintenance Facilitywere reviewed. Staff was directed to prepare contract documents for a combined Architect/Construction.Manager agreement with SEH. The contract documents for the construction manager portion of the work have been approved by the City Attorney. 021307Garage~ConstMgmt . The existing contract with SEH for Architectual and Engineering Services covers needed construction administration services. The attached proposal from SEH identifies a fee of, not to exceed, $132,000 for contract administration. I III. BASIS OF RECOMMENDATION I I A. POLICY I . City Council approval is necessary to authorize acceptance of these proposals. I B. CRITICAL ISSUES I . To meet a bid date of March 2007 these contracts need to be approved at the February 13, 2007 Council Meeting. I C. FINANCIAL I . The funds necessary for these two contracts are in the estimated cost for the building I D. LEGAL I . The contract documents have been reviewed by the City Attorney. . The City still does not have title to the property. It is anticipated that by the time the City goes out for bid, title will be secured from Mn/DOT. Mn/DOT officials have agreed to provide a permit for construction if the title documents are not signed when the City is ready to begin construction. I IV. ALTERNATIVE RECOMMENDATION(S) . none I V. ATTACHMENTS I . SEH's proposal for Construction Management . SEH's proposal for Construction Administration . Contract I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . none I q-I January15,2007 RE: City of Richfield Maintenance Facility Design Services Construction' Management SEH No. P-RICHF0304.00 Mr. Randy Hughes City of Richfield 7700 Pillsbury Ave Richfield, MN 55423 UNDERSTANDING We propose to serve as Construction Manager for your Maintenance Facility: either 86,305 square feet 'for Option 2 or 96,900 square feet for Option 3, located on the Longfellow Loop site in Richfield, Minnesota.. The estimated cost of constrUction is 1 0.90 million and 11.48 million respectively. . The building" is three levels and with the lowest level approximately one quarter the size of building footprint for Option 2 and one half of the building footprint for Option 3. Detailedprofessional services are described in Section 3 of the AGCDocument No. 510 andindude but are not limited to (a) budget & schedule management" (b) proctoring of bid phase, interviewing and qualifying trade contractors;. (c) writing of trade contracts, with recommendations to the City of Richfield; and (d). full-time, on-site supervision and owner representation during the construction phase. Note that pre-construction phase services (estimating, scheduling, etc.) typically performed by the Construction Manager up to the bidding phase are already included in our existing AIA B 151 agreement. PROFESSIONAL CONSTRUCTION MANAGEMENT FEES For the transitional component between pre-construction and construction (i.e. the bidding phase), a stipulated sum of $10,000 is identified in the contract. Following the bid phase, SEH will be responsible for all Construction Management services as described in the AGC Document No. 510. As requested, the fee for this service is a stipulated sum and not a percentage of the total project cost. Our fee is $285,000, not including reimbursable expenses as described in the AGe Document No. 510. This is based on the following assumptions: . 1. This fee is applicable for the project up to and including a $12M dollar construction budget, (exclusive of AlE fees). 2. This fee assumes a total project budget in the range of $11.5M to $12.5M for Options 2 and Mr. Randy Hughes January 15,2007 Page 2 (q~J- $12.26M to $11.94M for Option 3. 3. All fees, reim.bursables, etc. noted in this letter are already in the budget figures for construction as subinittedtothe City of Richfield: In dther words, Construction Management services are not an added cost to the project, but are included in the project budget. 4. That SEH subcontracts with Gundlach Champion Inc. to assign all of the CM services to them as . described in the AGC No. 510 - CM Agreement. We are very exCited with the opportunity to expand our existing list of services by providing the professional Construction Management services needed for the' City of Richfield's Ma.intenance Facility-a facility that will allow you to provide high quality services in the most efficient means possible for years to come. Should you have any questions please do not hesitate to. call me at 612.360.3889 or email meatnschultz@sehinc.com. Sincerely, SHORT ELLIOTIHENDRICKSON INe. Nancy Schultz, AIA Principal. ngsw Schedule of Designated Services c: dnancylseh\adminlrfpslricbfieldlrichf0403 letter proposal site due dillegence 12 19 OS.doc . >: ~ . . 1~/9 January 15,2007 RE: City of Richfield Maintenance Facility Design Services Construction Administration Services SEH No. P-RICHF0703.00 10 Mr. Randy Hughes City of Richfield 7700 Pillsbury Ave Richfield, MN 55423 Dear Randy: Short Elliott Hendrickson Inc. (SEH@) is pleased to submit this proposal for professional services to complete the Construction Administration services for your project. These services are described in full detail under our existing AlA Owner/Architect Agreement dated December 12,2006. 'PROJECT UNDERSTANDING 1. Project Description: Provide provisional services to assist in the building of a new maintenance facility, which is either 86,305 square feet for Option 2 or 96,900 square feet for Option 3, located on the Longfellow Loop site in Richfield, Minnesota. The estimated cost of construction is 10.90 million and 11.48 million respectively. The building is three levels, with the lowest level approximately one- quarter the size of building footprint for Option 2 and one-half of the building footprint for Option 3. 2. Assumptions. The following is a list of assumptions/services related to providing SEH's professional services: A. The AGC No. 510 - CM Agreement between Owner and Construction Manager - is approved as the method of construction delivery for this project. B. After approval ofthis proposal by the city council, the City will add this letter proposal as an Addendum to the existing AlA B 151 AE Agreement between Owner and Architect. C. This proposal assumes a total project budget in the range of $11.5M to $12.5M for Options 2 and $12.26M to $12.94M for Option 3. D. If the Council prefers a General Construction Lump Sum construction delivery method the increased amount for A & E Construction Administration Services will be negotiated based on providing a full time resident project representative and will likely increase our fees upward $80,000 to $100,000 dollars. A new proposal will be provided to describe these services after bidding is complete. E. That SEH subcontracts with Gundlach Champion Inc. to assign all of the CM services to them as described in the AGC No. 510 - CM Agreement. . .' , Randy Hughes January 15,2007 Page 2 \q/Y .. SCOPE OF WORK Our professional services are described in the "Schedule of Designated Services" attached with this letter proposal. In addition to the standard services outlined in the "Schedule of Designated. Services" we have included commissioning of all your major mechanical and electrical systems and a higher level of on site inspection to assure that the project is getting built according to the contract documents at the time they are being built inJieu of after installation occurs. PROFESSIONAL DESIGN FEES AND REIMBURSABLES SEH will provide the services outlined in the Schedule of Designated Services for the Construction Administration Phase for a not to exceed fee of $132,000 dollars, not including reimbursable expenses, e.g. mileage, meals, printing costs, etc., related to the project. The fees will be computed using hourly billing rates for the project. If you direct us to perform any additional services on this project or if the scope of the project changes substantially, additional charges would be based upon the hourly billing rates. No additional work will be performed without your specific written approval. We will contact you in writing, prior to performing any work, if we receive a request from the City that constitutes a material change in the established scope of work. SCHEDULE The Architect's services shall be performed as expeditiously as is consistent with the orderly progress of the work. Upon request by the Owner, SEH shall submit for the Owner's approval a schedule for the performance of our services which may be adjusted as the project proceeds, and shall include allowances for periods of time required for Owner's review and approval of submissions by authorities having jurisdiction over the project. The anticipated schedule for the project is as follows: Construction Administration: AprillMay 07 to April/May 08 We are very excited with the opportunity to provide the professional services needed for the City of Richfield to build a maintenance facility that will allow you to provide high quality services in the most efficient means possible for years to come. Should you have any questions please do not hesitate to call me at 612.360.3889 or email meatnschultz@sehinc.com Sincerely, SHORT ELLIOTT HENDRICKSON INC. . Nancy Schultz, AlA Principal ngsw/ sl fq-~ THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA AGC DOCUMENT NO. 510 STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner"s Agent and the Owner Enters Into Trade Contracts) TABLE OF ARTICLES 1. AGREEMENT 2. RELATIONSHIP OF PARTIES AND EXTENT OF AGREEMENT 3. CONSTRUCTION MANAGER'S SERVICES 4. OWNER'S RESPONSIBILITIES 5. TRADE CONTRACTS 6. WARRANTY AND CORRECTION OF INCIDENTAL CONSTRUCTION 7. CONSTRUCTION MANAGER'S COMPENSATION 8. REIMBURSABLE COSTS 9. PAYMENTS TO THE CONSTRUCTION MANAGER 10. INDEMNITY, INSURANCE AND WAIVERS OF SUBROGATION 11. SUSPENSION, TERMINATION OF AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATIONS 12. DISPUTE RESOLUTION 13. MISCELLANEOUS PROVISIONS This Agreement has important legal and insurance consequences. Consultation with an attorney and insurance consultant is encouraged with respect to its completion or modification. ARTICLE 1 AGREEMENT 1 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a red lined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510' STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. !lq,-b This Agreement is made effective as of the between the day of , in the year 2007, by and OWNER City of Richfield, Minnesota 6700 Portland Avenue Richfield, MN 55423 and the CONSTRUCTION MANAGER Short Elliott Hendrickson, Inc. Butler Square Building, Suite 710C 100 North 6th Street Minneapolis, MN 55403-1505 for construction management services in connection with the following PROJECT Maintenance Facility The ARCHITECT/ENGINEER for the Project is Short Elliott Hendrickson, Inc. Butler Square Building, Suite 710C 100 North 6th Street Minneapolis, MN 55403-1505 Notice to the parties shall be given at the above addresses. ARTICLE 2 RELATIONSHIP OF PARTIES AND EXTENT OF AGREEMENT 2.1 RELATIONSHIP OF PARTIES The Construction Manager shall be the Owner's agent with regard to Construction of the Project to the. extent provided in this Agreement, shall exercise its skill and judgment in furnishing construction administrative and management services, and shall perform its Services in an economical and timely manner. The Owner shall retain Trade Contractors, an Architect/Engineer, consultants, testing and inspecting agencies, and insurance or legal advisors to perform all work and other services needed for the Project. The Owner and Construction Manager shall endeavor to promote harmony and cooperation among all Project participants. The Owner may assign its rights in all Trade . Contracts to Construction Manager. Said assignment{s) shall be effectuated by separate document setting forth the terms and conditions of the Owner assignment to and assumption by Construction Manager and will thereby modify or supersede terms contained herein. 2.1.1 ARCHITECT/ENGINEER The Owner shall retain or employ an Architect/Engineer to provide all required architectural, engineering and design services for the Project, including, without 2 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. f9- r; limitation, structural, mechanical and electrical engineering services. The Architect shall provide Preconstruction Phase Services as defined under the Design Contract. The Construction Manager shall coordinate its scope of services with that of the Architect/Engineer so as to avoid duplication of services. The Owner shall cause the Architect/Engineer to provide those services reasonably requested by the Construction Manager and included within the Architect/Engineer's scope of services under its agreement with the Owner. Such services shall be provided promptly and in accordance with schedules agreed upon by the Owner, Construction Manager and Architect/Engineer. The Construction Manager shall provide those services reasonably requested by the Owner and the ArchitectlEngineer and included within the Construction Manager's Scope of Services under this Agreement. Such services shall be provided promptly and in accordance with time schedules agreed upon by the Owner, Construction Manager and Architect/Engineer. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect/Engineer, from which compensation provisions may be deleted. The Agreement between the Owner and the Architect/Engineer shall not be modified without written notification to the Construction Manager. 2.2 EXTENT OF AGREEMENT This Agreement is solely for the benefit of the parties, represents the entire integrated agreement between the parties, and supersedes all prior negotiations. representations and agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of the Owner and the Construction Manager and not for the benefit of any third party except to the extent expressly provided in this Agreement. In the event of conflict between this Agreement and any of the Exhibits or any other documents incorporated into this Agreement, the terms and provisions of this Agreement shall control. 2.3 DEFINITIONS .1 Agreement means this AGC Document No. 510 Standard Form of Construction Management Agreement Between Owner and Construction Manager (Where the Construction Manager is the Owner's Agent and the Owner Enters Into All Trade Contracts), as modified by the parties, and Exhibits and Attachments made part of this Agreement upon its execution. .2 Architect/Engineer means the Architect, Architect/Engineer or Engineer identified in Article 1 and its consultants, retained by Owner to perform design services for the Project, and licensed in the state where the Project is located. The use of the term Architect/Engineer in this Agreement is for convenience and is not intended to imply or infer that the individual or entity named in Article 1 will provide design professional services in a discipline in which it is not licensed. .3 Construction Budget means the sum of the estimated cost of the Work, the clarifications and assumptions upon which it is based, allowances, reasonable contingencies and the Construction Manager's Compensation. .4 Construction Documents means the plans, specifications and other documents provided by the Architect/Engineer to the Owner which delineate the design and specify other necessary requirements relating to the construction of the Project. .5 Construction Manager means the Construction Manager identified in Article 1 and its authorized representative. .6 The Construction Schedule is the document initially prepared by and updated by the Construction Manager and approved by the Owner that indicates proposed activity sequences, durations, and/or milestone dates for such activities as receipt and approval of pertinent information, issuance of the Construction Documents, the preparation and processing of shop drawings and samples, delivery of 3 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510 . STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts)@ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. (qr3 materials or equipment requiring long-lead time procurement, Owner's occupancy requirements and estimated date of Substantial Completion of the Project. .7 The term Cost of Construction shall mean the Owner's total cost of Project components. In the event the Project is not completed, Cost of Construction shall mean the final approved estimated cost of Project components. Cost of Construction does not include the compensation of the Architect/Engineer, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner including surveys, geotechnical services, environmental tests, insurance services and permits and fees which are not the responsibility of the Construction Manager. .8 The term Day shall mean calendar day unless otherwise specifically defined. .9 Direct Personnel Expense means the billable wages, salaries and other compensation of the relevant personnel, together with the appropriate portion of the cost of payroll taxes and insurance, and all employee benefits and contribution including, without limitation, unemployment insurance, workers' compensation insurance, FICA, health insurance, sick leave, holidays, vacation, pensions, retirement contributions, insofar as the amount thereof is based on the wages, salaries or other compensation accrued to or paid to said employees. .10 Fee means salaries and other mandatory or customary compensation of the Construction Manager's employees at its principal and branch offices except employees listed in Paragraph 8.1.2; general and administrative expenses of the Construction Manager's principal and branch offices other than the field office except as may be expressly included in Article 8; and the Construction Manager's capital expenses, including interest on the Construction Manager's capital' employed for the Work; and profit. . ..11 General Conditions Items means the provision of facilities or performance of work by the Construction Manager for items which do not readily lend themselves to inclusion in one of the separate Trade Contracts or other items as may be mutually agreed upon in writing between the Owner and Construction Manager. General Conditions Items may include but are not necessarily limited to the following: incidental construction work; preparation for ceremonies; signs; watchmen; photographs; field office(s) and related costs thereof such as equipment, furnishings and office supplies; temporary toilets; communication equipment; temporary utility services; clean-up; refuse removal services; trash chutes; surveys; testing; temporary roads and parking. .12 A Hazardous Material is any substance or: material identified now or in the future as toxic or hazardous under any federal, state or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements. governing handling, disposal and/or clean-up. .13 A Material Supplier is a person or entity retained by the Trade Contractor to provide material and/or equipment for the Work. .14 Others means other contractors, material suppliers and persons at the Work site who are not employed by the Trade Contractor or Subcontractors. Others does not include the Construction Manager or the Architect/Engineer. .15 Owner is the person or entity identified in Article 1 as Owner, and includes the Owner's representative. .16 The Owner's Program is an initial description of the Owner's objectives, including budget and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. 4 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications toethe text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. f9-9 .17 The Project, as identified in Article 1, is the building, facility and/or other improvements, of which construction is one part, for which the Construction Manager is to provide services under this Agreement. .18 The Services are the construction management Services and the General Conditions Items, if any, provided by the Construction Manager under this Agreement. .19 A Subcontractor is a person or entity retained by a Trade Contractor as an independent contractor to provide the labor, materials, equipment and/or services necessary to complete a specific portion of the Work. .20 Substantial Completion of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Construction Documents so that the Owner may occupy or utilize the Project, or a designated portion, for the use for which it is intended. .21 Trade Contractor means a party or entity retained by the Owner as an independent contractor to provide the labor, materials, equipment and/or services necessary to complete a specific portion of the Work. .22 Work means the construction and services provided by the Trade Contractors necessary or incidental to fulfill the Trade Contractor's obligations for the Project in accordance with and reasonably inferable from the Construction Documents. The Work may refer to the whole Project or only a part of the Project. .1 Defective Work is any portion of the Work that is not in conformance with the Construction Documents. .23 Worksite means the geographical area at the location of the Project as identified in Article 1 where the Work is to be performed. ARTICLE 3 CONSTRUCTION MANAGER'S SERVICES The Construction Manager shall provide the following Services, as may be more fully defined by exhibit attached to this Agreement. The Construction Manager warrants that it will perform its Services in accordance with the standard of care normally practiced by construction management firms in performing services of a similar nature at the time and place the Services are performed. 3.1 PRECONSTRUCTION PHASE SERVICES Paragraphs 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 are intentionally deleted from this Agreement because the subject matter of these paragraphs is covered by the Contract between the Owner and SEH for Design Services. 3.1.7 LONG-LEAD ITEMS The Construction Manager shall recommend to the Owner and the ArchitecVEngineer a schedule for procurement of long-lead time items which will constitute part of the Work as required to meet the Construction Schedule. The Construction Manager shall help expedite the delivery of long-lead time items. 3.1.8 DIVISION OF THE WORK The Construction Manager shall divide the Work into Trade Contractor bid packages and develop Scopes for each. The Construction Manager shall also prepare Part I of the Project Manual identified as Exhibit 2. 3.1.9 SOLICITATION OF TRADE CONTRACTORS AND SUPPLIERS The Construction Manager shall make recommendations regarding the method to be used for selection of Trade Contractors 5 IMPORT AN1:: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. ReCipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. /9_10 and award of Trade Contracts. The Construction Manager shall assist the Owner with surety bonding from Trade Contractors. The Construction Manager shall seek to develop Trade Contractor interest in the Project and shall furnish to the Owner and Architect/Engineer a list of possible Trade Contractors that may be requested to submit bids for each principal portion of the Work. The Owner shall promptly reply in writing to the Construction Manager if the Owner or Architect/Engineer knows of any objection to a listed Trade Contractor. The Owner may designate specific persons or entities from whom the Construction Manager shall solicit bids. All material supply and on-site labor contracts shall be competitively bid. All Trade Contracts shall be let in accordance with applicable law. 3.1.10 AWARD OF TRADE CONTRACTOR AGREEMENTS The Construction Manager shall solicit competitive bids from Trade Contractors, analyze the bids, and deliver the bids to the Owner. The Owner shall then determine, with the advice of the Construction Manager and consistent with applicable law, which bids to accept for subsequent award of Trade Contracts as required to construct the Project. Subject to Owner's right to determine compliance with competitive bidding law, the Owner shall not contract with any Trade Contractor to whom the Construction Manager has a reasonable objection. 3.1.11 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The Construction Manager shall consult with the Owner regarding equal employment opportunity and affirmative action programs. 3.1. 12 CONSULTANTS The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of a surveyor, testing laboratories and special consultants as needed. 3.1.13 PERMITS The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Trade Contractors. 3.2 CONSTRUCTION PHASE SERVICES 3.2.1 GENERAL .1 The construction phase shall commence on the earlier of: a. the Owner's first award of a Trade Contract Agreement, or b. the Owner's first authorization for the Construction Manager to undertake General Conditions Items. .2 If the Owner and Construction Manager agree, after consultation with the Architect/Engineer, the construction phase may commence before the preconstruction phase is completed, in which case both phases will proceed concurrently. 3.2.2 ADMINISTRATION .1 The Construction Manager shall assist the Owner in preparing, negotiating and entering into Trade Contracts, and advise the Owner on the acceptability of subcontractors and suppliers proposed by Trade Contractors. All Trade Contracts shall be between the Owner and the Trade Contractors. The terms and conditions of the Trade Contracts shall be subject to the approval of the Construction Manager and shall include, among other terms, bond requirements consistent with law and notice of Owner's right to assign Trade Contracts to Construction Manager. 6 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. I q -( I .2 The Construction Manager shall establish an on.;.site organization and lines of authority to administer the Project. The Construction Manager shall schedule and conduct meetings at which the Owner, Construction Manager, Architect/Engineer and appropriate Trade Contractors can discuss the status of the Work. The Construction Manager shall prepare and promptly distribute meeting minutes. .3 The Construction Manager shall provide monthly written reports to the Owner and Architect/Engineer on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather, Trade Contractors working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner and Architect/Engineer. .4 The Construction Manager shall assist the Owner and the Architect/Engineer in the review, evaluation and documentation of claims by Trade Contractors. .5 The Construction Manager shall maintain on a current basis at the Worksite records of all Trade Contracts, Construction Documents, samples, purchases, materials, submittals, equipment, maintenance and operating manuals and instructions, and other construction related documents, including all revisions. The Construction Manager shall obtain data from Trade Contractors and maintain a current set of record drawings, specifications and operating manuals and, at the completion of the Project, deliver all such records to the Owner. .6 The Construction Manager shall monitor and coordinate the Trade Contractors, and if necessary, shall have the right to change the time, order and priority in which the various portions of the Work are to be performed. 3.2.3 CONSTRUCTION $CHEDULE Utilizing the construction schedules or other information provided by the Trade Contractors, the Construction Manager shall update the Construction Schedule monthly incorporating the activities of the Trade Contractors on the Project. If the construction schedules or other information provided by the Trade Contractors indicate that milestone dates contained in prior Construction Schedules will not be met, the Construction Manager shall notify and make recommendations to the Owner. The Construction Manager shall (a) monitor the performance of the Trade Contractors as it relates to the Construction Schedule (b) update the Construction Schedule and (c) if required, recommend corrective alternatives or adjustments to the Owner and/or Trade Contractors. 3.2.4 MONITORING THE CONSTRUCTION BUDGET .1 The Construction Manager shall develop and implement a detailed system of cost monitoring that will provide the Owner with timely information as to the anticipated total cost of the Project including changes in the Work or Services and the cost of the following additional items _ Land Purchase/Financing _ Marketing _ Permitting Geotechnical Services _ Design Services 7 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder<ID' AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. lCf-/'2 _ Commissioning _ Fumiture, Fixtures and Equipment (FF&E). The cost monitoring system shall track the Construction Budget as it is updated from time to time, and compare it with the actual cost for Work in progress and estimates for uncompleted Work including proposed changes. This information shall be reported to the Owner in writing at mutually agreeable intervals. The Construction Manager shall advise the Owner when ever projected costs exceed budgeted amounts and recommend corrective alternatives or adjustments. .2 The Construction Manager shall maintain cost accounting records on Work performed under unit costs, actual costs for labor and materials, or other similar methods; afford the Owner access to these records; and preserve them for a period of three (3) years after final payment. .3 The Construction Manager shall: a. develop and implement a procedure for the preparation, review and processing of change orders to the Trade Contracts; b. recommend to the Owner and the Architect/Engineer necessary or desirable changes to the Trade Contracts; c. review, evaluate and make recommendations regarding Trade Contractor requests for changes; and d. assist in preparing, negotiating and documenting Trade Contract change orders. .4 Records of Reimbursable Costs and costs pertaining to Services performed on the basis of a multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. Such access shall be only for the purpose of verification of such costs, and Construction Manager shall not be required to keep records of or provide access to those of its costs covered by the Fee, fixed rates, multipliers, or of costs which are expressed as a percentage of other costs. 3.2.5 PAYMENT PROCEDURES The Construction Manager shall develop and implement a procedure for the review and processing of monthly applications by Trade Contractors for progress and final payments, including the receipt of appropriate lien and claim waivers from Trade Contractors. Based on the Construction Manager's on-site observations of the Work and review of the Trade Contractors' payment applications, the Construction Manager shall recommend amounts due the respective Trade Contractors. .1 The recommendation for payment of a Trade Contractor's application for payment shall not be a representation that the Construction Manager has: a. made exhaustive or continuous on-site to check the quality or quantity of the Work; b. reviewed construction means, methods, techniques, sequences or procedures for the Trade Contractor's Work; c. reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Trade Contractor's right to payment; or 8 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510' STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. , q -/3 d. ascertained how or for what purpose the Trade Contractor has used money previously paid. The Construction Manager shall be entitled to rely on the Trade Contractor's certification as to the application of money previously paid. 3.2.6 REVIEW OF ARCHITECT/ENGINEER PAYMENT (Intentionally Omitted) 3.2.7 REVIEW OF TRADE CONTRACTORS' WORK .1 The Construction Manager shall determine in general whether the Work is being performed in accordance with the requirements of the respective Trade Contracts, endeavoring to guard the Owner against defects and deficiencies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Trade Contracts, whether or not such Work is fabricated, installed or completed. The Construction Manager, in consultation with the Owner and the Architect/Engineer, may reject Work which does not conform to the requirements of the Trade Contracts. .2 The Construction Manager shall refer all questions for interpretation of the documents prepared by the Architect/Engineer to the Architect/Engineer. .3 The Construction Manager shall not have control over or charge of acts or omissions of the Trade Contractors or their subcontractors, agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of the Trade Contractors, since these are solely the Trade Contractors' responsibilities. The Construction Manager shall not be responsible for a Trade Contractor's failure to carry out the Work in accordance with the respective Contract Documents, except that Construction Manager will not be excused from ultimate responsibility for correcting defective Work of a Trade Contractor whose Trade Contract has been assigned to Construction Manager if the failure of the Trade Contractor is observed by Construction Manager or reasonably should have been observed by Construction Manager in the course of performing its duties under 3.2.7.1. 3.2.8 REVIEW OF SAFETY PROGRAMS If the Construction Manager deems any part of the Work or Worksite unsafe, the Construction Manager, without assuming responsibility for the Trade Contractor's safety program, may require the Trade Contractor to stop performance of the Work or take corrective measures satisfactory to the Construction Manager. 3.2.9 SHOP DRAWINGS AND SAMPLES The Construction Manager, in collaboration with the Architect/Engineer, shall establish and implement procedures for expediting the processing and approval of shop drawings and samples. 3.2.10 PROJECT CLOSE-OUT .1 The Construction Manager shall advise the Owner as to the date of Substantial Completion of the Work or designated portions thereof, and assist the Architect/Engineer in preparing a list of incomplete or unsatisfactory items and a proposed schedule for their completion. .2 The Construction Manager, with the Owner's maintenance personnel, shall direct the checkout of utilities, operations systems and equipment for readiness and assist in their initial start-up testing by the Trade Contractors. 9 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. I q- / f .3 The Construction Manager shall advise the Owner as to the final completion of the Work and provide written notice to the Owner and Architect/Engineer that the Work is ready for final inspection. .4 The Construction Manager shall collect and deliver to the Owner the guarantees, affidavits, releases, bonds and waivers from Trade Contractors and any keys, manuals, record drawings and maintenance stocks the Construction Manager receives from the Trade Contractors. 3.2.11 GENERAL CONDITIONS ITEMS The Construction Manager shall provide all supervision, labor, materials, construction equipment, tools and subcontract items which are necessary for the completion of the General Conditions Items defined in Subparagraph 2.3.11. 3.3 ADDITIONAL SERVICES The Construction Manager shall provide the following Additional Services upon the request of the Owner. A written agreement between the Owner and Construction Manager shall define the extent of such Additional Services and the amount and manner in which the Construction Manager shall be compensated for such Additional Services. .1 Development of the Owner's Program, assistance in establishing an overall budget for the Project, investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. .2 Consultations, negotiations, and documentation supporting the procurement of Project financing. .3 Surveys, site evaluations, legal descriptions and aerial photographs. .4 Appraisals of existing equipment, existing properties, new equipment and developed properties. .5 Consultations and representations before govern mental authorities or others having jurisdiction over the Project other than normal assistance in securing building permits. .6 Artistic renderings, models and mockups of the Project or any part of the Project or the Work. .7 Inventories of existing furniture, fixtures, furnishings and equipment which might be under consideration for incorporation into the Work. .8 Interior design and related services including procurement and placement of furniture, furnishings, artwork and decorations. .9 Services related to construction performed by the Owner. .10 Design, coordination, management, expediting and other services supporting the procurement of materials to be obtained, or work to be performed, by the Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of the Work. .11 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. .12 Services for tenant or rental spaces not a part of this Agreement. .13 Finding housing for construction labor, and defining requirements for establishment and maintenance of such housing. .14 Repairing, replacing, correcting or completing defective or incomplete Work that the 10 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text ofthe original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGe Document No. 510' STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BElWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. fq-J~ Construction Manager has undertaken in place of a Trade Contractor. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 INFORMATION AND SERVICES 4.1.1 FULL INFORMATION Any information or services to be provided by the Owner shall be provided in a reasonably timely manner, so as not to delay the Construction Manager's Services. 4.1.2 FINANCIAL INFORMATION Prior to commencement of the Work and thereafter at the written request of the Construction Manager, the Owner shall provide the Construction Manager with evidence of Project financing. Evidence of such financing shall be a condition precedent to the Construction Manager's commencing or continuing the Services. 4.1.3 WORKSITE INFORMATION Except to the extent that the Construction Manager has actual knowledge of any inaccuracy, including where Owner has provided written notice to Construction Manager of possible or known worksite information inaccuracies, the Construction Manager shall be entitled to rely on Worksite information furnished by the Owner pursuant to this Paragraph 4.1.3. To the extent the Owner has obtained, or is required elsewhere in the Contract Documents to obtain, the following Worksite information, the Owner shall provide at the Owner's expense and with reasonable promptness: .1 information describing the physical characteristics of the Worksite, including surveys, Worksite evaluations, legal descriptions, data or drawings depicting existing conditions, subsurface conditions and environmental studies, reports and investigations; .2 tests, inspections and other reports dealing with environmental matters, Hazardous Material and other existing conditions, including structural, mechanical and chemical tests, required by the Construction Documents or by law; and .3 any other information or services requested in writing by the Construction Manager which are relevant to the Construction Manager's performance of the Work and under the Owner's control. The information required by Paragraph 4.1.3 shall be provided in reasonable detail. Legal descriptions shall include easements, title restrictions, boundaries, and zoning restrictions. Worksite descriptions shall include existing buildings and other construction and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys, and other features relevant to the Work. Utility details shall include available services, lines at the Worksite and adjacent and connection points. The information shall include public and private information, subsurface information, grades, contours, and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used in laying out the Work. Owner does not warrant the ac~uracy of information provided by privately-owned utilities and Construction Manager shall confirm such information with the respective private utilities. 11 . IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text oftheoriginal AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. ReCipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510' STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. /q-l~ 4.2 OWNER'S REPRESENTATIVE The Owner's representative is . The representative shall be fully acquainted with the Project; shall furnish the information and services required of the Owner pursuant to Paragraph 4.1 and the Trade Contracts so as not to unreasonably delay the Construction Manager's Services and/or the Work; and shall have authority to bind the Owner in all matters relating to this Agreement including, without limitation, all matters requiring the Owner's approval, authorization or written notice. If the Owner changes its representative as listed above, the Owner shall notify the Construction Manager in advance in writing. Owner's representative shall: 4.2.1 promptly advise Construction Manager of procedures necessary to obtain a binding decision from Owner on Project matters and promptly pursue such process; and 4.2.2 endeavor to facilitate timely completion of the Project by scheduling change order and pay requests expeditiously in Owner approval process. 4.3 LEGAL REQUIREMENTS The Owner shall determine and advise the Construction Manager and Architect/Engineer of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the information and services required under Paragraph 4.1 and to support the Project. 4.4 ADDITIONAL REQUIREMENTS 4.4.1 APPROVALS The Owner shall secure and pay for necessary approvals, easements, rights of way, assessments and charges required for the construction, use or occupancy of the Project. 4.4.2 ANCILLARY SERVICES The Owner shall furnish necessary accounting, auditing and insurance services. 4.4.3 CONSTRUCTION DOCUMENTS The Construction Manager shall be furnished without charge all copies of drawings, specifications and other Construction Documents reasonably necessary for the execution of the Services. If the Owner becomes aware of any fault or defect in the Project or nonconformance with the Construction Documents, prompt written notice shall be given to the Construction Manager. 4.4.4 COMMUNICATIONS The Owner shall endeavor to communicate to all Trade Contractors through the Construction Manager. If the Owner needs to communicate directly with a Trade Contractor, the Owner shall notify the Construction Manager in writing of such communication in a timely manner. 4.4.5 PERMITS The Owner shall obtain all permits and licenses which are necessary for the performance of the Work and the Services, except where such permits or licenses are the express responsibility of the Construction Manager or the Trade Contractors. 4.4.6 COORDINATION OF OWNER WORK The Owner shall provide interface with and coordination of all work which is being performed by the Owner or Others. This does not include work performed by Trade Contractors. 4.4.7 REVIEW AND APPROVAL To the extent within its control, the Owner shall promptly furnish all required reviews and approvals or other appropriate action with respect to all samples, estimates, schedules, budgets, shop drawings, Trade Contracts, purchase orders, contracts, and other items submitted and/or proposed by the Construction Manager. 4.5 HAZARDOUS MATERIALS 12 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The ASl?ociated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. jq--/7 4.5.1 NOTIFICATION If at any time prior to the commencement of or during the progress of the Work, the Owner is aware of the presence of any Hazardous Material at the project site, it shall promptly notify the Construction Manager in writing of the presence, location and composition of the Hazardous Material. 4.5.2 DISCOVERY If any known or suspected Hazardous Material is discovered at the Project site, the Construction Manager shall immediately direct Trade Contractors to stop work in the. immediate area of the condition and the Construction Manager shall report the condition to the Owner. 4.5.3 REMEDIATION The Owner shall be solely responsible for corrective measures and/or remedial action. The Construction Manager shall not be required to resume its Services prior to receipt of certification by a mutually agreeable independent laboratory and approval by the appropriate government authority that the Hazardous Material has been removed or rendered harmless. 4.5.4 INDEMNIFICATION To the fullest extent permitted by law, the Owner shall defend, indemnify and hold harmless the Construction Manager and its subcontractors and suppliers, and the agents, officers, directors and employees, from and against any and all claims, damages, losses, fines, penalties, costs and expenses, whether direct, indirect or consequential, including but not limited to attorneys' fees, costs and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Services or the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. ARTICLE 5 TRADE CONTRACTS 5.1 TRADE CONTRACTS All Trade Contracts are subject to the review of the Construction Manager and shall not be signed by Owner until approved as to form and substance by the Construction Manager. The Owner shall provide the Construction Manager with copies of all executed Trade Contracts. The Owner shall ensure that each Trade Contract: .1 requires the Trade Contractors to cause their insurers to waive all rights of subrogation against the Owner, Construction Manager, Architect/Engineer, their agents, employees, consultants and assigns, for all damages in connection with the Project which are covered by required insurance except such rights as they may have to the proceeds of such insurance held by the Owner or Construction Manager as trustees; .2 contains the indemnification obligation specified in Subparagraph 10.1.3; .3 subject to assignment provided in subparagraph 5.1.6 below, provides that the Construction Manager is in all cases acting solely on behalf of and as the agent for the Owner in soliciting, awarding and administering the Trade Contracts; .4 makes the Construction Manager a third-party beneficiary of the Trade Contractor Agreements entitled to enforce any rights thereunder for its own benefit; .5 requires the Trade Contractor to name the Owner and Construction Manager as additional insureds on a primary, non-contributory basis to the Trade Contractor's general, auto, and excess liability policies for both ongoing and completed operations; 13 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@.AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. t q~l f .6 is fully assignable in the discretion of the Owner to (i) the Construction Manager, and/or (ii) any Assignee or Subcontractor of the Construction Manager with respect to this Agreement or any of the Construction Manager's rights or responsibilities under this Agreement; .7 is subject to review and approval as to form and substance by the Construction Manager; .8 provides that, if the Trade Contract has been assigned and/or subcontracted by the Owner to the Construction Manager or further assigned or subcontracted by the Construction Manager, payments to the Trade Contractor under the Trade Contract shall not be due unless and until (and are conditioned upon) the receipt from the Owner by the Assignee of or Subcontractor under the Trade Contract of clear funds specified for use to pay the Trade Contractor under the Trade Contract and in an amount equal to or exceeding the payment otherwise due to the Trade Contractor under the Trade Contract; .9 provides that the Trade Contractor shall, to the extent related to the services and/or materials to be provided under its Trade Contract, assume full risk and responsibility for the timely and proper completion of all of the Construction Services contemplated by the Agreement; and .10 If Exhibit C is applicable, provides for a close-out and final payment process consistent with the c1ose-out and final payment process applicable to the relationship between the Owner and the Construction Manager. 5.2 EXTENT OF TRADE CONTRACTS Trade Contracts shall be directly between the Owner and the Trade Contractors. Unless assigned to Construction Manager, the Construction Manager shall not have any liability for or responsibility under any Trade Contract executed by the Owner, or by the Construction Manager acting as the Owner's agent; and the Construction Manager's activities as set forth in this Agreement shall imply no such liability or responsibility. Trade Contractors and their subcontractors and suppliers are not intended to be and shall not be third-party beneficiaries of this Agreement. In the event Owner chooses to assign Trade Contracts to Construction Manager, then and only then shall Exhibit C and Exhibit 0 become a part of this Agreement. ARTICLE 6 WARRANTY AND CORRECTION OF INCIDENTAL CONSTRUCTION 6.1 To the extent the Construction Manager performs any incidental construction work through the provision of General Condition Items for the Project, the Construction Manager warrants that all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Construction Documents, and free from defective workmanship and materials. The Construction Manager further warrants that such incidental construction work shall be free from material defects not intrinsic in the design or materials required in the Construction Documents. 6.1.1 If, prior to the Date of Substantial Completion and within one year after the Date of Substantial Completion of the Work, any portion of the incidental construction work is found to.be not in conformance with the Contract. Documents, Owner shall promptly notify Construction Manager in writing. Unless Owner provides written acceptance of the condition, Construction Manager shall promptly correct the defective incidental construction work at its own cost and time and bear the expense of additional services required for correction of any defective incidental construction work for which it is responsible. 6.1.2 The Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage, use for a purpose for which the Project was 14 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect anymodifications in the electronic or printed output. Recipients may wish to request from the author a red lined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. { 9~( 9 not intended, improper or insufficient maintenance, modifications performed by the Owner or others, or abuse. The Construction Manager's warranty pursuant to this Paragraph 6.1 shall commence on the Date of Substantial Completion. ARTICLE 7 CONSTRUCTION MANAGER'S COMPENSATION 7.1 COMPENSATION The compensation to be paid to the Construction Manager shall include the following: an initial payment as set forth in Paragraph 7.2; compensation for preconstruction phase Services as set forth in Paragraph 7.3; and compensation for construction phase Services, which includes the Construction Manager's Fee and Reimbursable Costs, as provided in Paragraph 7.4. The Construction Manager's Compensation shall be subject to equitable adjustment as set forth in Paragraph 7.5. 7.2 INITIAL PAYMENT Owner shall pay the Construction Manager an initial non-refundable payment of Zero Dollars ($-0-) upon the execution of this Agreement. This initial payment, if any, is the minimum payment to Construction Manager under this Agreement. The initial payment shall be credited against the Fee at the conclusion of the Services. 7.3 COMPENSATION FOR PRECONSTRUCTION PHASE SERVICES 7.3.1 FEE For Services performed during the preconstruction phase, Paragraphs 3.1.7, 3.1.8, 3.1.9, 3.1.10, 3.1.11, 3.1.12 and 3.1.13, Owner shall pay Construction Manager a Fee of (State amount andlor basis of Fee.) Stipulated Sum of --- Ten thousand and no/1 00-($1 0,000)- Dollars, inclusive of Reimbursable Costs. Payments shall be made monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. Unless otherwise provided, the compensation for preconstruction phase Services shall be paid monthly, in equal proportions, over the scheduled preconstruction phase. Any remaining balance shall be paid upon completion of the preconstruction phase. 7.4 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7.4.1 FEE For Services performed during the construction phase, Owner shall pay Construction Manager a Fee of (State amount andlor basis of Fee.) Stipulated Sum of - Two hundred eighty-five thousand and no/100--($285,OOO)- Dollars based on a Cost of Construction, as defined in the Agreement, not to exceed Twelve million and no/100-($12,000,OOO)--- Dollars. Payments shall be made monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. 7.4.2 REIMBURSABLE COSTS During the construction phase, the Owner shall pay Construction Manager the Reimbursable Costs set forth in Article 8. Such Reimbursable Costs are in addition to the Fee. 15 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the originalAGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a red lined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. . DocuBuilder<ID' AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Coritracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. /1-20 7.5 ADJUSTMENTS The Construction Manager's compensation including any limitation on the amount thereof shall be equitably adjusted in the event of any changes in the Services, the Project, the Project Schedule, the Trade Contracts, the Owner-Architect/Engineer Agreement or the Work, or any other event or circumstance beyond the reasonable control of the Construction Manager; including but not limited to force majeure, or Owner suspension, delay or interruption; altering the cost of or time required for performance of the Construction Manager's Services. 7.5.1 Changes in the Work which are within the general scope of this Agreement may be accomplished, without invalidating this Agreement, by Change Order. .1 The Construction Manager may request and/or the Owner, without invalidating this Agreement, may order changes in the Work within the general scope of the Construction Documents consisting of additions, deletions or other revisions to the Construction cost of the Work, and/or the Oate of Substantial Completion and/or the Date of Final Completion being adjusted accordingly. All such changes in the Work shall be authorized by applicable Change Order, and shall be performed under the applicable conditions of the Construction Documents. .2 Each adjustment in the Cost of the Work resulting from a Change Order shall clearly separate the amount attributable to compensation for other Cost of the Work and the Construction Manager's Fee, with the Construction Manager's Fee not to exceed billable costs, plus ten percent (10%). ARTICLE 8 REIMBURSABLE COSTS 8.1 REIMBURSABLE COST ITEMS To the extent not duplicative of other Fees, Costs or compensation payable by Owner, reimbursable Costs include the following items. 8.1.1 CONSTRUCTION WORKERS Actual wages, salaries and other compensation, or amounts calculated under a salary or wage schedule agreed upon by the Owner and Construction Manager for construction workers employed by the Construction Manager to perform General Condition Items or other Services on or off the Project site. 8.1.2 STAFF Professional wages, salaries and other compensation, or amounts calculated under a salary or wage schedule, see Exhibit 3, for the employees of the Construction Manager when (a) employed at the Project site, in whatever capacity, (b) engaged on the road expediting the production or transportation of material and equipment and otherwise performing Services, and (c) performing the functions listed below from a principal or branch office of the Construction M.anager: Project Management Document Control Accounting 8.1.3 PAYROLL TAXES AND BENEFITS Cost of payroll taxes and insurance, and all employee benefits and contributions including, without limitation, unemployment insurance, workers' compensation insurance, FICA, health insurance, sick leave, holidays, vacation, pensions, retirement contributions, insofar as the amount thereof is based on the wages, salary o(other compensation paid to the employees of the Construction Manager referred to in Subparagraphs 8.1.1 and 8.1.2. 16 . IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author . . has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. (q--;;). I .1 DIRECT PERSONNEL EXPENSE If any portion of Construction Manager's compensation is based on a multiple of direct Personnel Expense as defined in Subparagraph 2.3.9. 8.1.4 TEMPORARY WORKERS If work or labor which would otherwise be reimbursable under this Agreement is provided by temporary agency personnel, Construction Manager shall be reimbursed for the actual invoiced cost to Construction Manager plus an amount equal to ten (10%) percent thereof. 8.1.5 TRAVEL The proportion of reasonable transportation, traveling, moving, food, lodging, and per diem expenses of the Construction Manager or of its officers or employees incurred in performance of the Services. 8.1.6 MATERIALS AND SUPPLIES Cost and/or fair rental value of all materials, supplies: billable rates for tools, temporary facilities and equipment used in performing the Services including costs of transportation, storage, loading, unloading, operation, use, repair and maintenance thereof. 8.1.7 INSURANCE Cost of all insurance and bonds which the Construction Manager is required to procure by this Agreement or is deemed necessary by the Construction Manager at cost or at agreed upon rates. 8.1.8 TAXES Sales, use, gross receipts or other similar taxes, tariffs or duties related to the Project, and/or the Services for which the Construction Manger is liable. 8.1.9 PERMITS AND LICENSES Permit fees, licenses, tests, royalties, damages for infringement of patents and costs of defending claims therefor. 8.1.10 DEPOSITS Deposits lost for causes other than the Construction Manager's negligence. 8.1.11 UNINSURED LOSSES Losses, expenses or damages to the extent not compensated by insurance or otherwise, including settlements made with the approval of the Owner, which approval shall not be unreasonably withheld, provided such did not arise from the sole negligence of the Construction Manager. 8.1.12 MISCELLANEOUS Minor expenses such as fax machines, long-distance telephone calls, telephone service at the Worksite, express mail, reprographics, document retention costs, computers and software, and petty cash items in connection with the Project. 8.1.13 CLEAN-UP Cost of clean-up and removal of waste. 8.1.14 EMERGENCY Cost incurred due to an emergency affecting the safety of persons or property. 8.1.15 DATA PROCESSING Cost of data processing services required in the performance of the Services. 8.1.16 ANCILLARY SERVICES Cost of legal, accounting and other such services obtained in con'nection with the performance of the Services. 8.1.17 DISPUTE RESOLUTION Litigation, mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager. 8.1.18 GENERAL CONDITION ITEMS All costs and expenses related to General Condition Items. 8.1.19 EXPERT WITNESS All costs and expenses related to serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise, regarding the Project. 17 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a red lined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. {Q"L'2 8.1.20 OTHER COSTS All costs and expenses which are made reimbursable elsewhere in this Agreement. 8.1.21 OTHER COSTS All other costs directly incurred in the performance of the Services and not included in the Construction Manager's Fee as set forth in Subparagraph 7.4.2. ARTICLE 9 PAYMENTS TO THE CONSTRUCTION MANAGER All payments to the Construction Manager under this Agreement are subject to Minnesota Statutes, Section 471.425, Municipal Prompt Payment Act. 9.1 MONTHLY STATEMENTS The Construction Manager shall submit a monthly statement to the Owner, swom to if required, listing all compensation then due to the Construction Manager, including a breakdown of the Construction Manager's compensation. Payment by the Owner to the Construction Manager of the statement amount shall be made within thirty (30) days after it is submitted. 9.2 FINAL PAYMENT Final payment including any unpaid balance of the Construction Manager's compensation shall be due and payable when the Project is delivered to the Own~r, ready for beneficial occupancy, or when the Owner occupies the Project, or when the Services are complete, whichever event first occurs. Final payment by the Owner to the Construction Manager of the statement amount shall be made within thirty (30) days after it is submitted. 9~3 SUSPENSION If the Owner should fail to pay the Construction Manager within five (5) days after the time the payment of any amount becomes due, then the Construction Manager may, upon seven (7) additional days' written notice to the Owner, stop performing Services until payment of the amount owing has been received. ARTICLE 10 INDEMNITY, INSURANCE AND WAIVERS OF SUBROGATION 10.1 INDEMNITY 10.1.1 CONSTRUCTION MANAGER'S INDEMNITY To the fullest extent permitted by law, the Construction Manager shall defend, indemnify and hold the Owner, the Architect/Engineer, Trade Contractors, Subcontractors and Others harmless from all claims for bodily injury and property damage, other than to the Work itself and other property insured under Paragraph 10.4, that may arise from the performance of or the failure to perform the Services, but only to the extent caused by the negligent acts or omissions of the Construction Manager or anyone for whose acts or omissions the Construction Manager may be liable. 10.1.2 OWNER'S INDEMNITY To the fullest extent permitted by law, the Owner shall defend, indemnify and hold the Construction Manager harmless from all claims for bodily injury and property damage other than to the Work itself and other property insured underParagraph 10.4, that may arise in connection with the Project, but only to the extent caused.by the negligent acts or omissions of the Owner or anyone for whose acts or omissions Owner may be liable. 10.1.3 TRADE CONTRACTOR AND ARCHITECT/ENGINEER INDEMNITY Owner shall cause each Trade Contract to provide that the Trade Contractor shall assume entire responsibility and liability, to the fullest extent permitted by law, for all damages or injury to all persons, whether employees or otherwise, and to all property, arising out of, resulting from or in any manner connected with, the execution of the work provided for in the Trade Contract or occurring or resulting from the 18 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBullder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. I Cj-;;L3 use by the Trade Contractor, its agents or employees, of materials, equipment, instrumentalities or other property, whether the same is owned by Owner, Construction Manager, Trade Contractor or third parties. Further, Owner shall cause each Trade Contract to provide that the Trade Contractor shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Owner, and Construction Manager and its assignees and subcontractors (and their respective agents, representatives and employees), from all such claims including, without limiting the generality of the foregoing, claims for which Construction Manager mayor may be claimed to. be liable, and legal fees and disbursements paid or incurred to enforce the provisions of this subsection. Owner shall further cause each Trade Contract to provide that the Trade Contractor shall obtain, maintain and pay, at the Trade Contractor's cost, for such commercial general liability insurance coverage and endorsements, including completed operations coverage, as will insure the obligations of the Trade Contractor under this subsection. Further, Owner shall cause Architect/Engineer to agree in writing to indemnify, defend and hold harmless Owner, and Construction Manager and its assignees and subcontractors (and their respective agents, representatives and employees), from all claims, losses and liabilities (including without limitation, court costs, and fees and disbursements of attorneys and consultants) for injury to all persons (whether employee or otherwise), and injury or damage to all property, arising out of, resulting from or in any manner connected with the services of Architect/Engineer with respect to the Project, but only to the extent caused by the negligent acts or omissions of Architect/Engineer or anyone for whose acts or omissions Architect/Engineer is responsible or liable. 10.2 CONSTRUCTION MANAGER'S INSURANCE 10.2.1 Before commencing its Services, the Construction Manager shall procure and maintain in force Workers Compensation/Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance (CGL). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, contractual liability, and broad form property damage. The Construction Manager's Liability policies, as required in this Subparagraph 10.2.1, shall be written on an occurrence basis with at least the following limits of liability: .1 Workers Compensation in accordance with the laws of the State in which the Project is located. .2 Employers' Liability Insurance a. $100,000 Bodily Injury by Accident Each Accident b. $500,000 Bodily Injury by Disease Policy Limit c. $100,000 Bodily Injury by Disease Each Employee .3 Business Automobile Liability Insurance $1,000,000 Each Accident .4 Commercial General Liability Insurance a. $5,000,000 Each Occurrence b. $5,000,000 General Aggregate 19 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a red lined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers ofthe AGC DocuBuilder Contract Document Software. ,ct-;;ltf c. $5,000,000 Products/Completed Operations Aggregate d. $5,000,000 Personal and Advertising Injury Limit 10.2.2 ADDITIONAL INSURED The primary CGL coverage X shall shall not name the Owner as an additional insured for liability arising out of the Work. 10.2.3 Employers' Liability, Business Automobile Liability and Commercial General Liability coverages required under Subparagraph 10.2.1 may be arranged for the full limits required by a combination of underlying policies with the balance provided by Excess and/or Umbrella Liability policies. 10.2.4 The Construction Manager shall maintain in effect all insurance coverage required under Subparagraph 10.2.1 at the Construction Manager's sole expense with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. 10.2.5 The providers of insurance coverages required under Subparagraph 10.2.1 shall endeavor to provide at least thirty (30) days' written notice of cancellation of the coverages to the Owner. The Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion of the Project. Prior to commencement of Services, Construction Manager shall furnish the Owner with certificates eyidencing the required coverages. 10.2.6 PROFESSIONAL LIABILITY INSURANCE The Construction Manager shall obtain and maintain professional liability insurance with a company satisfactory to the Owner for claims arising from its negligent errors, acts and omissions in the performance of professional services under this Agreement, written for limits of liability not less than $2,000,000] per claim and in the aggregate with a deductible or retention not to exceed $25,000. The retroactive date of the policy shall be prior to the execution of this Agreement. The policy shall remain in effect for one (1) year following substantial completion of the Project. The deductible or retention shall be paid by the Construction Manager. 10.3 OWNER'S INSURANCE 10.3.1 LIABILITY INSURANCE The Owner shall obtain and maintain its own liability insurance for protection against claims arising out of the performance of this Agreement, including without limitation, loss of use and claims, losses and expenses arising out of the Construction Manager's errors and omissions. 10.3.2 BUSINESS INCOME INSURANCE The Owner may procure and maintain insurance against loss of use of Owner's property due to those perils insured against pursuant to Paragraph 10.4.1. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the Construction Manager, Architect/Engineer, Trade Contractors and all subcontractors and suppliers, necessary labor expenses including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Construction Manager, Architect/Engineer, Trade Contractors and all subcontractors and suppliers, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.4 INSURANCE TO PROTECT PROJECT 20 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510' STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. . Iq~dS 10.4.1 BUILDER'S RISK INSURANCE Before the start of the Work, the Owner shall obtain and maint~in Builder's Risk Insurance with a minimum coverage limit equal to the full cost of replacement at the time of loss. .This insurance shall also name the Construction Manager, Architect/Engineer, Trade Contractors and all Subcontractors and Material Suppliers as insureds. This insurance shall be written as a builder's risk "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy, and shall insure at least againstthe perils of fire, lightning, explosion, windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood (subject to sublimits), earthquake (subject to sublimits), earth movement, water damage, wind, testing if applicable, collapse however caused, and damage resulting from defective design, workmanship or material. The Owner shall be solely responsible for any deductible amounts or coinsurance penalties. This policy shall provide for a waiver of subrogation in favor of the Construction Manager, Trade. Contractors, their Subcontractors and Material Suppliers and Architect/Engineer. This insurance shall remain in effect until the Substantial Completion of the Work, final payment has been made or until no person or entity other than the Owner has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until the Owner has secured the consent of the insurance company or companies providing the coverage required in this Subparagraph 10.4.1. 10.4.2 If the Owner does not intend to purchase the property insurance required by this Agreement, including all of the coverages and deductibles described herein, the Owner shall .give written notice to the Construction Manager before its Services are commenced. The Construction Manager may then provide insurance to protect its interests including the coverage of deductibles. The cost of this insurance shall be a reimbursable cost pursuant to Article 8, and the Construction Budget, and any agreed-upon maximum cost{s} shall be equitably adjusted. The Owner shall be responsible for all of the Construction Manager's costs reasonably attributed to the Owner's failure or neglect in purchasing or maintaining the coverage described above. 10.4.3 POLICIES Prior to commencement of the Work, the Owner shall provide the Construction Manager with a copy of all policies including all endorsements. The Construction Manager shall be given thirty (30) days' prior written notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. 10.5 PROPERTY INSURANCE LOSS ADJUSTMENT 10.5.1 LOSS ADJUSTMENT Any insured loss shall be adjusted with the Owner and the Construction Manager and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 10.5.2 DISTRIBUTION OF PROCEEDS Following the occurrence of an insured loss, monies received will be deposited in a separate account and the trustee shall make distribution in accordance with the agreement of the parties in interest. 10.6 WAIVERS 10.6.1 PROPERTY DAMAGE The Owner and Construction Manager waive all claims and other rights they may have against each other for loss of and/or damage to (a) the Project, (b.) all materials, machinery, equipment and other items used in accomplishing the Work and/or Services and/or to be incorporated into the Project, while the same are in transit, at the Project site, during erection and otherwise, and (c) all property owned by or in the custody of Owner,and its affiliates, however such loss or damage shall occur, except such rights as they may have to the proceeds of 21 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a red lined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. (q -;Lip such insurance held by the Owner as trustee. If Owner is not the sole owner of the Project site and all property at and adjacent, Owner shall obtain an undertaking from the other owners thereof . sufficient to provide to Construction Manager the same protection from liability for loss or damage as would be afforded to Construction Manager under this Agreement if Owner were the sole owner. 10.6.2 WAIVER OF SUBROGATION The Owner shall have its insurers waive all rights of subrogation they may have against the Construction Manager, Architect/Engineer, Trade Contractors, and their Subcontractors and Material Suppliers on all policies carried by the Owner on the Project and adjacent properties, including, after final payment, those policies to be provided on the completed project not intended to insure the project during construction. 10.6.3 ENDORSEMENT If the policies of insurance referred to in this Paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the Owner will cause them to be so endorsed. 10.6.4 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES The Owner and the Construction Manager agree to waive all claims against each other for any consequential damages that may arise out of or relate to this Agreement. The Owner agrees to waive damages including but not limited to the Owner's loss of use of the Project, any rental expenses incurred, loss of income, profit or financing related to the Project, as well as the loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, or loss of reputation. The Construction Manager agrees to waive damages including but not limited to loss of business, Joss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of bonding capacity or loss of reputation. This Subparagraph 10.6.4 shall not be construed to preclude contractual provisions for liqUidated damages when such provisions relate to direct damages only. The provisions of this Paragraph shall also apply to the termination of this Agreement and shall survive such termination. ARTICLE 11 SUSPENSION, TERMINATION OF AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATIONS 11.1' SUSPENSION BY THE OWNER FOR CONVENIENCE 11.1.1 SUSPENSION The Owner may order the Construction Manager in writing to suspend, delay or interrupt all or any part of the Services without cause for such period of time as the Owner may determine to be appropriate for its convenience. 11.1.2 ADJUSTMENT In the event of any such suspension, delay or interruption, the Construction Manager's Compensation shall be equitably adjusted as provided in Paragraph 7.5. No adjustment shall be made if the Construction Manager is or otherwise would have been responsible for the suspension, delay or interruption of the Services, or if another provision of this Agreement is applied to render an equitable adjustment. 11.2 OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE 11.2.1 OWNER'S PERFORMANCE If the Construction Manager persistently fails to perform any of its obligations under this Agreement, the Owner may, after seven (7) days' written notice, during which period the Construction Manager fails to either perform such obligation or to commence and continue reasonable remedial measures, undertake to perform such obligations. The Construction Manager's compensation shall be reduced by the additional cost to the Owner, if any, of performing 22 a.MPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author .~as chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where theConstructlon Manager Is the Owner.'s Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DO,cuBuilder Contract Document Software. jq--:l7 such obligation. 11.2.2 TERMINATION Upon seven (7) days' written notice to the Construction Manager, the. Owner may terminate this Agreement for any of the following reasons if, during such seven (7) day period the Construction Manager fails to either cure or commence and continue reasonable remedial measures: .1 the Construction Manager persistently utilizes inadequately skilled workers or an insufficient number of workers; .2 the Construction Manager persistently fails to abide by the orders, regulations, rules, ordinances or laws of governmental authorities having jurisdiction; or .3 the Construction Manager otherwise materially breaches this Agreement. Upon such termination, the Owner may take possession of the site and complete the Services utilizing any reasonable means. In this event, the Owner shall pay the Construction Manager for all Services properly performed through the date of termination and neither party shall have any further liability to the other. 11 ;2.3 BANKRUPTCY If the Construction Manager files a petition under the Bankruptcy Code, this Agreement shall terminate if the Construction Manager or the Construction Manager's trustee rejects the Agreement or, if there has been a default, the Construction Manager is unable to give adequate assurance that the Construction Manager will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. 11.2.4 ACCOUNTING In the event the Owner exercises its rights under Subparagraph 11.2.1 or 11.2.2, upon the request of the Construction Manager the Owner shall provide a detailed accounting of the cost incurred by the Owner. 11.3 TERMINATION BY OWNER WITHOUT CAUSE If the Owner terminates this Agreement other than as set forth in Paragraph 11.2, the Owner shall pay the Construction Manager for all Services performed and for any proven loss, cost or expense in connection with the Services, plus all demobilization costs, and, in the event Exhibit C is applicable, plus all sums due or that may become due to Trade Contractors under the Trade Contracts, including termination fees and premiums due or coming due to Trade Contractors under the Trade Contracts. In addition, the Construction Manager shall be paid an amount calculated as set forth below: .1 if the Owner terminates this Agreement prior to commencement of the construction phase, the Construction Manager shall be paid the balance of the Construction Manager's preconstruction phase compensation as set forth in Paragraph 7.3, and a premium as set forth below: (Insert here the amount agreed to by the parties.) None. .2 if the Owner terminates this Agreement after commencement of the construction phase, the Construction Manager shall be paid the balance of the Construction Manager's preconstruction phase compensation as set forth in Paragraph 7.3, and a premium as set forth below: (Insert here the amount agreed to by the parties.) Ten percent (10%) of the Cost of the Work completed. .3 the Owner shall also pay to the Construction Manager fair compensation, either by purchase or 23 IMPORTANT: MODIFICATIONS. NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. Iq--~(j rental at the election of the Owner, for any equipment, materials or other property retained. The Owner shall assume and become liable for obligations, commitments and unsettled claims that the Construction Manager has previously undertaken or incurred in good faith in connection with the Services or as a result of the termination of the Agreement. As a condition of receiving the payments provided under this Article 11, the Construction Manager shall cooperate with the Owner by taking all steps necessary to accomplish the legal assignment of the Construction Manager's rights and benefits to the Owner, including the execution and delivery of reasonably required documents. 11.4 TERMINATION BY THE CONSTRUCTION MANAGER 11.4.1 TERMINATION Upon seven (7) days' written notice to the Owner, the Construction Manager may, in addition to any other rights or remedies it has, terminate this Agreement for any of the following reasons: .1 if the Work has been stopped for a thirty (30) day period a. under court order or order of other governmental authorities having jurisdiction; b. as a result of the declaration of a national emergency or other governmental act which renders the pursuit of the Project impracticable; or c. because of the Owner's failure to pay the Construction Manager in accordance with this Agreement; .2 if the Work is suspended by the Owner for sixty (60) days; .3 if the Owner materially delays the Construction Manager in the performance of its Services; .4 if the Owner otherwise materially breaches this Agreement; or .5 if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project in accordance with Subparagraph 4.1.2 of the Agreement. 11.4.2 PAYMENT Upon termination by the Construction Manager in accordance with Subparagraph 11.4.1, the Construction Manager shall be entitled to recover from the Owner payment for all Services performed and for any proven loss, cost or expense in connection with the Services, plus all demobilization costs. In addition, the Construction Manager shall be paid an amount calculated as set forth either in Subparagraph 11.3.1 or 11.3.2, depending on when the termination occurs, and Subparagraph 11.3.3. ARTICLE 12 DISPUTE RESOLUTION 12.1 CONTINUANCE OF SERVICES AND PAYMENT Unless otherwise agreed in writing, the Construction Manager shall continue its Services and maintain the Schedule of the Work during any dispute resolution proceedings. If the Construction Manager continues to perform, the Owner shall continue to make payments in accordance with this Agreement. 12.2 INITIAL DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties. If the parties are not able to promptly settle the dispute, the parties shall mediate in accordance with Paragraph 12.3. 24 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. /q-J-9 12.3 MEDIATION If the dispute cannot be settled pursuant to Paragraph 12.2, the parties shall endeavor to settle the dispute by mediation before recourse to any other dispute resolution procedures. The parties shall promptly and in good faith attempt to select a mediator. The parties agree to conclude such mediation within sixty (60) days of serving the request for mediation. Either party may terminate the mediation at any time after the first mediation session, but the decision to terminate shall be delivered in person by the party's representative to the other party's representative and the mediator. 12.4 DISPUTE RESOLUTION MENU If the dispute cannot be settled by mediation within sixty (60) days, the parties shall submit the dispute to the dispute resolution procedure selected in Exhibit NO.1. 12.5 MULTIPARTY PROCEEDING All parties necessary to resolve a claim shall be parties to the same dispute resolution proceeding. The parties shall endeavor to include appropriate provisions in all other contracts relating to the Project to provide for the consolidation of dispute resolution procedures, but failure to do so shall not affect the right of either party to commence an action selected pursuant to Exhibit No.1. 12.6 COST OF DISPUTE RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by a binding dispute resolution procedure selected in Exhibit No. 1 shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process; provided, however, that such fees and costs shall begin to accrue only after the commencement of the procedure selected in Exhibit No. 1 and shall not include fees or costs incurred in preparation of and through the mediation described in Sections 12.2 and 12.3. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 ASSIGNMENT Neither the Owner nor the Construction Manager shall assign their interest in this Agreement without the written consent, not to be unreasonably withheld, of the other except as to the assignment of proceeds, or except as otherwise provided in this section. The terms and conditions of this Agreement shall be binding upon both parties, their partners, successors, assigns Qnd legal representatives. Neither party to this Agreement shall assign the Agreement as a whole without written consent of the other. Notwithstanding the foregoing or other provisions of this Agreement, Construction Manager shall have the right to subcontract any or all of the rights and obligations of the Construction Manager to Gundlach Champion, Inc. ("GCI") and/or to assign to GCI any or all of the Construction Manager's rights and obligations under this Agreement, and Owner shall have the right to assign all Trade Contracts to Construction Manager in accordance with Exhibits C and D. 13.2 GOVERNING LAW This Agreement shall be governed by the law of Minnesota. 13.3 SEVERABILITY The partial or complete invalidity of anyone or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 13.4 NO WAIVER OF PERFORMANCE The failure of either party to insist, in anyone or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance or any other term, covenant, condition or right. 13.5 TITLES AND GROUPINGS The title given to the Articles, Paragraphs, Subparagraphs, Clauses, and other parts and subparts of this Agreement are for ease of reference only and shall not be relied upon, used in interpreting this Agreement, or cited for any other purpose. The grouping of the articles in this 25 .MPORT ANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author . has chosen not to reflect any modifications in the electronic or printed output RecipienJ:s may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. , Cf-3o Agreement under the various headings is solely for the purpose of convenient organization and in no event shall the groupings of provisions, the use of paragraphs of the use of headings be construed to limit or alter the meaning of any provisions. 13.6 JOINT DRAFTING The parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. 13.7 RIGHTS AND REMEDIES The parties' rights, liabilities, responsibilities and remedies with respect to this Agreement, whether in contract, tort, negligence or otherwise, shall be exclusively those expressly set forth in this Agreement. 13.8 SURVIVAL The provisions of this Agreement, which by their nature are intended to survive the termination, cancellation, completion or expiration of the Agreement, including, but not limited to, any indemnities or any expressed limitations of or releases from liability, shall continue as valid and enforceable obligations of the parties notwithstanding any such termination, cancellation,completion or expiration. 13.9 ENUMERATION OF DOCUMENTS INCORPORATED INTO THIS AGREEMENT 13.9.1 DOCUMENTS This Agreement includes the following documents: .1 The Standard Form of Construction Management,Agreement Between Owner and Construction Manager; .2 Exhibit No.1, Dispute Resolution Menu; and .3 (List all other docum~nts to be included in the Agreement). Exhibit 2: Project Manual Part I Table of Contents. Exhibit 3: Professional Rate Schedule. Exhibit C: Miscellaneous Provisions. Exhibit D: Assignment of Trade Contracts. 13.10 EXCHANGE OF DOCUMENTS IN ELECTRONIC FORM If the Owner requires that the parties exchange documents and data in electronic form, the protocol for the exchange shall be provided as an attachment to this Agreement. The Owner shall include similar requirements in the Trade Contracts and in the agreement with the Architect/Engineer. 13.11 OTHER PROVISIONS (Insert here other provisions, if any, that pertain to this Agreement.) Owner acknowledges that by executing this Agreement, it will be a party to Contracts on the same Project with both Construction Manager and the Architect/Engineer who are the same entity. Owner has been advised of the potential conflicts of interest that are created when the Construction Manager and Architect/Engineer are the same entity, notwithstanding the fact that different representatives will carry out their respective roles on the Project. The fact that the Construction Manager and the Architect/Engineer named in this Agreement are one and the same entity shall not create, impose or infer any new, greater or different obligation, liability, responsibility or duty upon the Construction Manager (or any Assignee or Subcontractor of the Construction Manager). Owner further acknowledges that GCI may be a subcontractor of the Construction Manager and that GCI has a working relationship with Construction Manager on other projects. Owner waives claims 26 .MPORT ANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author . has chosen not to reflect any modifications in the electronic or printed output.. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grantof license provided to subscribers of the AGC DocuBuilder Contract Document Software. l q -3 I based on a per se conflict of interest in the carrying out of duties and responsibilities to Owner by Construction Manager. Construction Manager hereby acknowledges, however, that Owner expects full and objective disclosure and recommendations with respect to all duties and responsibilities otherwise required under this Agreement. This Agreement is executed and made effective as of the day and year first written above. OWNER: City of Richfield, Minnesota BY: ._ .... ..._.................. ....... ................. ........... ...... ......... PRINT NAME: PRINT TITLE: ATTEST: ........ ........... ......_.... ..... ................ ...._........... CONSTRUCTION MANAGER: Short Elliott Hendrickson, Inc. BY: .. ........ ....... ........._....__...................... .._....... ............. PRINT NAME: PRINT TITLE: ATTEST: .. ................. .................. ......_... ......... ........... 27 .MPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@.AGC Document No. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2006, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. J cz -3~ THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA EXHIBIT NO.1 TO AGe DOCUMENT NO. 510 STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Ent rs Into Trade Contracts) Dated , 2007 DISPUTE RESOLUTION MENU Pursuant to Paragraph 12.4, if neither direct discussions nor mediation successfully resolve the dispute, the Owner and the Construction Manager agree the following shall be used to resolve the dispute. (Make the appropriate selection(s). These procedures can be used singularly or progressively as agreed to by the parties.) _ Dispute Review Board. The Dispute Review Board shall be composed of one member selected by the Owner, one selected by the Construction Manager, and a third member selected by the Owner and Construction Manager selected members. This Board shall be selected prior to commencement of construction, shall meet periodically, and shall make advisory decisions which may be introduced into evidence at any subsequent dispute resolution process. If a Dispute Review Board is selected, it is understood its review shall precede mediation. _ Advisory Arbitration. Advisory Arbitration shall be pursuant to the current Construction Industry Rules of the American Arbitration Association, except that the award shall not be binding on the ~rt~a I _ Mini Trial. Each party, in the presence of senior executives, shall submit its position to a mutually selected individual who shall make a non~binding recommendation to the parties. Such advisory decision may be introduced into evidence at any subsequent dispute resolution process. _ Binding Arbitration. Binding Arbitration shall be pursuant to the Construction Industry Rules of the American Arbitration Association unless the parties mutually agree otherwise. A written demand for arbitration shall be filed with the American Arbitration Association and the other party within a reasonable time after the dispute or claim has arisen, but in no event after the applicable statute of limitations for a legal or equitable proceeding would have run. The location of the arbitration proceedings shall be at the office of the American Arbitration Association nearest the Worksite, 1 .MPORT ANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author . has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@ . EXHIBIT NO.1 TO AGC DOCUMENT NO. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager (s the Owner's Agent and the Owner Enters Into Trade Contracts) @ 2005, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. /Cf - ') 3 unless the parties agree otherwise. The arbitration award shall be final. Notwithstanding Paragraph 13.2. this agreement to arbitrate shall be governed by the Federal Arbitration Act and judgment upon the award may be confirmed in any court having jurisdiction. X Litigation. Action may be filed in the appropriate state or federal court located in the jurisdiction in which the Project is located. 2 IMPORTANT: MODIFICATIONS NOT SHOWN. This document may contain modifications to the text of the original AGC standard form. Its author has chosen not to reflect any modifications in the electronic or printed output. Recipients may wish to request from the author a redlined version prior to signing. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. DocuBuilder@. EXHIBIT NO.1 TO AGC DOCUMENT NO. 510. STANDARD FORM OF CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (Where the Construction Manager Is the Owner's Agent and the Owner Enters Into Trade Contracts) @2005, The Associated General Contractors of America. All rights reserved. This document was produced electronically under the grant of license provided to subscribers of the AGC DocuBuilder Contract Document Software. }q,-:3 ~ bhibit 2 PROJECT MANUAL Part I of II TIBLE Of CONTENTS A. NOTICE TO BIDDERS B. INSTRUCTION TO BIDDERS C. BID PROPOSAL D. SUBCONTRACT AGREEMENT Standard Form of Agreement Between Construction Manager and Subcontractor Exhibit - Insurance Certificate Requirements E. REFERENCE DOCUMENT Subsurface Exploration and Geotechnical Engineering Evaluation Report F. DIVISION 1 - GENERAL REQUIREMENTS 01010- 01015- 01019- 01040- 01060- 01090- 01100- 01200- 01300- 01400- 01500- 01600- 01700- Summary of Work Use of Premises Contract Considerations Coordination Permits & Fees References Hazardous Materials Project Meetings Submittals Quality Control Construction Facilities and Temporary Controls Materials and Equipment - Contract Closeout G. SCOPES OF WORK Bid Packaoe Bid Packaoe Description To be Determined H. SCHEDULE City of Richfield, MN Professional Services Rate Sheet Richfield, Minnesota 01/12/07 Position )Q,.,35 bIIibil a Rate Per Hour Vice President Pre-construction Vice President Construction Vice President Finance Senior Estimator Staff Engineer/Estimator Project Manager Superintendent Field Engineer Safety Director Project Documentation/ Accou nting 1 $130.00 $130.00 $100.00 $115.00 $75.00 $115.00 $100.00 $65.00 $75.00 $50.00 ICf-- 3~ EIIIBIT C MlscellalllDS ProvlslllS This Exhibit C is deemed to be a part of that certain "Standard Form of Construction Management Agreement Between Owner and Construction Manager" dated (which standard form and all exhibits are collectively referred to as the "Agreemenf'), between City of Richfield, Minnesota ("Owner") and Short Elliott Hendrickson, Inc; (SEH) or its subcontractor, Gundlach Champion, Inc. ("CM"). Notwithstanding the provisions of Section 2.2 of the Agreement to the contrary, to the extent any of the terms contained in this Exhibit C are inconsistent with the printed terms contained in the standard form agreement, the terms of this Exhibit C will control. 1 .1 Subject to payment by Owner, CM shall be solely responsible for all payment of Trade Contractors on the Project. The Owner shall issue all checks to CM in the manner specified in Article 9 of the Agreement. 1.2 ( Security for CM's performance and the performance of all Trade Subcontractors and Suppliers hereunder will be provided in the form of payment and performance bonds as required by Minn. Stat. S 574.26. The cost of obtaining required bonds is included in the Cost of Construction. The beneficiary of the required bonds will be City of Richfield, Short Elliott Hendrickson, Inc., and Gundlach Champion, Inc. 1.3 To the extent any rights of the Contractor under AlA Document A201-1997 (General Conditions of the Contract for Construction) relate to the Construction Manager's obligations and responsibilities under the Agreement, then those rights are incorporated into the Agreement for the benefit of the Construction Manager. 1.4 Miscellaneous Provisions: a. The warranties of the Construction Manager set forth in Section 6.1 of the Agreement shall extend to Work performed by Trade Contractors whose Trade Contracts have been assigned from Owner to Construction Manager, subject to the limitations and exclusions of Subsection 6.1.2. Further, the agreements of Owner and Construction Manager in Subsection 6.1.1 of the Agreement shall extend to Work performed by Trade Contractors whose Trade Contracts have been assigned from Owner to Construction Manager. b. In addition to Owner, all Trade Contractors will list CM as an additional insured on a Primary, Non-Contributory Basis to the Trade Contractor's general, auto, and excess liability policies for both ongoing and compreted operations. . I q --3 7 c. Owner agrees that it will follow the following procedures for close out of the Project: 1. Prior to issuance of a temporary or full Certificate of Occupancy by the City, Owner and/or Owner's designated representative(s) will prepare one original interior and exterior punch list. 2. Within seven (7) calendar days after written notice from CM of the completion of punch list work, Owner and/or Owner's designated representative(s) will re-inspect to confirm the original punch list items are complete. 3. New items will not be added to the original punch list at any time, . except for items which are material or substantial (Le., no hot water), and thus were obviously missed during the original punch list inspection. 4. Any item(s) not included on the original punch list will be considered warranty items. 5. Warranty items will not be considered as outstanding punch list items, and thus will not be subject to withholding of final payment. 1.5 Only the individuals listed in Section 4.2 of the Agreement will have authority to bind the Owner with respect to any consents, decisions, approvals, waivers, releases, or other modifications to the terms hereof. OWNER: City of Richfield, Minnesota By: Its: CONSTRUCTION MANAGER: By: Its: Dated: ,2007 2 19~~~ Exhibit D Assignment of Trade Contracts THIS ASSIGNMENT is made and effective this _ day of , 2007, by the City of Richfield, Minnesota, a municipal corporation ("Owner"), to Short Elliott Hendrickson Incorporated, a Minnesota professional corporation ("Construction Manager"). RECITALS A. Owner and Construction Manager have entered into that certain agreement entitled Standard Form of Construction Management Agreement between Owner and Construction Manager, AGC No. 510, dated , 2007 ("CM Agreement") regarding the maintenance facility construction project in the City described therein ("Project"). B. Construction of the Project maintenance facility has been competitively bid pursuant to Minnesota law and owner has awarded separate contracts to Trade Contractors per those bids. Each Trade Contractor has entered into a written agreement setting forth the terms and conditions of the Work, together with all other plans, specifications and general conditions, as set forth in the Trade Contract (individually, a "Trade Contract", and collectively, the "Trade Contracts"). C. The CM Agreement contemplates the assignment by Owner to Construction Manager of the Trade Contracts. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agrees to the following: Q. 1. The Recitals are made a part of this Assignment. 2. Except for the rights and obligations reserved to Owner in Sections 4 and 7 below, Owner assigns all its rights, benefits, remedies, duties, and obligations under the Trade Contracts to Construction Manager, who hereby assumes such assigned rights, benefits, remedies, duties, and obligations. 3. By this Assignment, Owner agrees to make payments to Construction Manager for the Work described in the Trade Contracts, subject to the terms of the Trade Contracts, Owner agrees to provide to Construction Manager all services or information required by the Trade Contracts and, with respect to the Construction Manager, retains all duties owed by Owner to Trade Contractors under the Trade Contracts. 4. Owner, with respect to Construction Manager, reserves its right (and related obligations), to be exercised in consultation with Construction Manager and subject to time and price adjustments contemplated by the eM Agreement and the Trade Contracts, to order changes to and finally approve the Work. Owner further agrees to assign to Construction Manager the rights and obligations arising out of such change orders, provided, however, Owner agrees to 305366vl JMS RC145-553 Iq~3 ~ compensate Construction Manager for the agreed upon cost of such change(s) and the Cost of Construction Manager's additional services. Owner's rights, benefits and obligations under resulting Change Orders, subject to the same reservations as set forth in the immediately preceding sentence, will be deemed assigned to and assumed by Construction Manager. 5. Construction Manager agrees that in return for the Assignment of Trade Contracts referenced herein, it shall accept the City's rights, and agrees it shall be responsible to Trade Contractors for the City's responsibilities, including full payment, for amounts due Trade Contractors under the Trade Contracts. Construction Manager's obligation to pay the Trade Contractors is conditioned upon Construction Manager receiving payment .from Owner for the work for which Trade Contractor requests or claims a payment is due, subject to terms of the Trade Contracts. 6. Construction Manager further agrees that it shall indemnify and hold Owner harmless, subject to Paragraph 10.6.4 of the CM Agreement, from any and all claims, costs, disputes, requests for equitable adjustment or any other additional recovery sought by a Trade Contractor under its Trade Contract due to the errors, negligence or breach of contract of Construction Manager or its subcontractors. This indemnification and hold harmless will not apply to the extent any such claims, costs, disputes, requests or attempted recoveries arise from the City's failure to perform its duties, as set out in the Trade Contracts, for the benefit of the Construction Manager, or from the City's failure to observe its obligations under the CM Agreement or this Assignment or from any delay by the City in exercising rights reserved to it under this Assignment or in making decisions under the CM Agreement or a Trade Contract. 7. Subject to the terms of the CM Agreement and this Assignment, Owner retains its continued ownership in the Project and land, the right to enforce all City of Richfield issued permits and City of Richfield ordinances relevant to the Project, and all police power authority over the Project area and persons working in or affected by the Project. IN WITNESS WHEREOF, the undersigned parties have executed this Assignment effective the date first above written. CITY OF RICHFIELD, MINNESOTA Owner By: Its: SHORT ELLIOT INCORPORATED Construction Manager HENDRICKSON By: Its: 305366vl JMS RC145-553 2