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070814CompleteAgenda CITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 8, 2014 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ******************************************************************************************************* SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order 1. Interview of a person interested in serving on a City advisory commission (Council Memo No. 65) Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adjournment ********************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order 1. Discussion regarding the 5-Year Reconstruction Plan and Streetscape Maintenance Policy (Council Memo No. 63) Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adjournment ********************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order 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 the minutes of the (1) Special City Council Worksession of June 24, 2014 and (2) Regular City Council Meeting of June 24, 2014 PRESENTATION 1. Annual meeting with the Charter Commission COUNCIL DISCUSSION 2. Council discussion  Hats Off to Hometown Hits Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ AGENDA APPROVAL 3. Council approval of the agenda Consent Calendar contains several separate items, which are acted upon by the 4. 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 on these items 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 the approval of a resolution authorizing Chapter 240, Section 22 of the Laws of MN 2014 regarding sale of liquor at the Richfield Ice Arena S.R. No. 116 B. Consideration of the approval of authorizing the Richfield HRA to act as the City’s representative to conduct activities related to the demolition and environmental abatement of the former City Garage site S.R. No. 117 C. Consideration of the approval of a resolution appointing election judges for the August 12, 2014 Primary Election and the November 4, 2014 General Election S.R. No. 118 D. Consideration of the approval of contract change order #3 for the Richfield Ice Arena for 2013 Locker Room Addition Project in the amount of $4,092 S.R. No. 119 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 5. Consideration of item(s), if any, removed from Consent Calendar Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ PUBLIC HEARING 6. Public hearing to consider an appeal of the Community Development Director’s decision to require the installation of an odor control system as a condition for allowing certain commercial cooking equipment at 6722 Penn Avenue Staff Report No. 120 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ OTHER BUSINESS 7. Consideration of a request for additional City funding of the Richfield Community Band Shell in the amount of $75,000 Staff Report No. 121 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 8. Consideration of an agreement with Bentz/Thompson/Rietow, Inc. to perform professional services for the concept design of a community band shell in the amount of $18,000 Staff Report No. 122 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 9. Consideration of an appointment to a City advisory commission Staff Report No. 123 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY MANAGER’S REPORT 10. City Manager’s Report Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11. 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: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 12. 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. CITY OF RICHFIELD, MINNESOTA Office of City Manager July 3, 2014 Council Memorandum No_ 65 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission interview (Agenda Item No. 1) Council Members: he various In January 2014, the City Council made several there are still someintmentto vacancSes.tApplications icontinue advisory commissions. However, to be accepted. The attached application was received. The City Council is scheduled to interview the applicant on Tuesday, July 8, 2014 at 5:45 p.m. in the Babcock Room. Approval of the appointment is scheduled for the July 8, 2014 Regular City Council meeting. me if you have any questions. bmitt I �h nager SLD:cak Attachment E-mail: Department Directors Assistant City Manager INTERVIEW SCHEDULE Tuesday, July 8, 2014 Babcock Room 5:45 p.m. Katie Eagle 6:00 p.m. Council Worksession in Bartholomew Room COMMISSION VACANCIES ARTS COMMISSION FRIENDSHIP CITY COMMISSION HUMAN RIGHTS COMMISSION VwListC 2:01 PM 07/02/14 Term Expires January 31, 2017 January 31, 2017 January 31, 2016 January 31, 2015 January 31, 2015 January 31, 2017 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2017 January 31, 2015 CITY OF RICHFIELD, MINNESOTA Office of City Manager July 3, 2014 Council Memorandum No. 63 The Honorable Mayor and Members of the City Council Subject: 5 -Year Street Reconstruction Plan and Streetscape Maintenance Policy (Worksession Agenda item No. 1) Council Members: At the upcoming City Council worksession, staff will present information on the following: 5 -Year Street Reconstruction Plan (2015-2019); and Streetscape Maintenance Policy. Specifically the discussion will include: • Funding and timing for the proposed Five Year Street Reconstruction Plan; • Council guidance for the Visual Quality Guidelines Committee that will be developing streetscape guidelines for the major roadways, including Portland Avenue and 66th Street through Richfield; and • Council guidance regarding the City's current maintenance districts and the plan for those going forward in light of the Visual Quality Guideline development. Please contact Mike Eastling, Rfi y s ee'41ly submi4c�J, City Manager Public Works Director, at 612-861.9792 with questions. SL.D:cak Attachments: Five Year Street Reconstruction Plan (2015-2019 Projects) Narrative Five Year Street Reconstruction Plan (2015-2019 Projects) Spreadsheet Email: Department Directors Assistant City Manager Five Year Street Reconstruction Plan 2015 — 2019 Projects RICHFIELD STREETS, G Residential Mill & Overlay (2015-2020) As part of a 6 year initiative to perform major maintenance to extend the life of the City's residential roads, originally constructed in the mid-70s, asphalt streets will receive a mill and overlay. To date approximately 15 miles of the City's residential roads have previously received a mill and overlay with the remaining 85 miles to be completed over the course of the project. The project also includes catch basin repairs and curb and gutter repairs, along with replacement of City utility manholes. The bonding required to complete the project will be financed through the increase in Franchise Fees that was effective April 2014. 69th Street Reconstruction (2015) Reconstruction of 69" Street from Humboldt to Knox Avenues which includes replacement of City utilities, including four 36" storm sewer lines. Portland Avenue (2015) Reconstruction of Portland Avenue (CR35) from 67th Street south to 77th Street. This project includes implementation of the three -lane section, improved sidewalk conditions, on -street bike lanes, multi -use trails, boulevards, and replacement of City utilities. Undergrounding of parallel overhead utilities will also take place. 76th Street West (2016) Reconstruction of 76th Street between Sheridan and Xerxes Avenues. This project includes replacement of CenterPoint Energy's transmission line, City utilities, undergrounding of overhead parallel utilities, and retaining walls. The future cross-section will be determined through a public involvement process per City Complete Streets Policy. 66th Street (2016-2017) Reconstruction of 66th Street (CR53) from Upton Avenue to Richfield Parkway. This project includes replacement of City utilities where identified, undergrounding of parallel overhead utility lines, and improved bicycle and pedestrian accommodations where feasible. 65th Street Central (2017) Reconstruction of 65" Street between Nicollet Avenue and 66th Street. This project will replace the concrete road surface with asphalt. A City Complete Streets Policy involvement process would be used to determine the future cross-section. Nicollet Avenue (201 Reconstruction of Nicollet Avenue from TH 62 to 77th Street. This projects future cross-section was identified as a three -lane section in the 2009 Arterial Roads Study and includes the replacement of CenterPoint Energy's transmission line and City utilities. The final cross-section will be determined through a City Complete Streets Policy involvement process. June 19, 2014 ,�proudly Suing Richfield', 2W PUBLIC WORKS Five Year Street Reconstruction Plan (2015-2019) Projected Funding Sources 69th Street Storm Portland Avenue Reconstruction 6 Year Mill & Overlay 66th Street Reconstruction 76th Street West 65th Street Central 6 Year Mill & Overlay Nicollet Avenue Proposed Year 2015 2015 2015 2016 2016 2017 2018 2019 Street Recon Bonds $ 1,600,000 $ 3,050,000 $ 5,000,000 $ 3,100,000 $ 1,500,000 $ 3,800,000 $ 5,800,000 $ 4,650,000 Mun. State Aid $ - $ 400,000 $ 2,000,000 $ - $ 1,600,000 $ City Bond $ $ $ - $ $ CitV Utility Funds Water $ $ $ Sanita $ $ $ $ Storm $ $ $ $ Grants Federal $ $ 3,750,000 $ 7,840,000 $ $ State $ $ $ - $ $ Count $ $ 475,000 $ 23,439,000 $ $ 3,100,000 Other - unidentified $ $ $ - $ $ Special Assessment $ $ $ $ $ Three Rivers Park District $ $ $ $ Xcel Utility Rate Payers CRFS $ $ 400,000 $ 1,500,000 $ 1,000,000 $ CenterPoint Ener $ $ $ - $ 700,000 $ 3,100,000 HRA $ $ $ - $ $ TOTAL $ 1,600,000 $ 8,075,000 $ 5,000,000 $ 37,879,000 $ 3,200,000 $ 5,400,0001 $ 5,800,000 1 $ 10,850,000 Total of Proposed Five Year Improvement $77,804,000 Proposed Bonding $28,500,000 % of Improvements Identifed for Bonding 36.6% CALL. TO ORDER CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Worksession June 24, 2014 The meeting was called to order by Mayor Pro Tempore Sandahl at 6:18 p.m. in the Bartholomew Room. Council Members Sue Sandahl, Mayor Pro Tempore; Edwina Garcia; Pat Elliott; and Tom Present. Fitzhenry. Council Members Debbie Goettel, Mayor. Absent., Staff Present., Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Pam Dmytrenko, Assistant City Manager; and Theresa Schyma, Deputy City Clerk. Item # 1 [DISCUSSION REGARDING BRANDING (COUNCIL MEMO NO. fit) Tom Whelen, EVP and COO of Nemer Fieger, discussed the following: o How we came to look at Branding and Identity for Visit Richfield, Richfield Chamber and the City of Richfield o Collecting impressions of Richfield ■ First from the Visit Richfield group and special guests ■ Subsequently from two focus groups • Business community (people who work at or own Richfield businesses) • Residents Kim Farrington, Art Director at Nemer Fieger, discussed the following: o Developing a Logo/Identity ■ What happened/didn't happen in Austin • A look at other city logos/marks ■ Color palettes from which we might work • Sample taglines that can give us indicators for what form the logo might take o Next steps City Manager Devich encouraged the City Council to consider who the audience is that they are trying to make an impression on. Are the new logo and tagline going to be marketed towards future residents, young families, businesses, etc.? Special Worksession Minutes -2- June 24, 2014 Mr. Whelen recommended focusing the effort on local businesses to boost economic development. The City Council consensus was to keep the color blue in the logo since it harkens back to the original logo and to have the tagline represent Richfield's convenient location in the metro area. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:55 p.m. Date Approved: July 8, 2014 Theresa Schyma Deputy City Clerk Suzanne M. Sandahl Mayor Pro Tempore Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 24, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:06 p.m. Members Present. Sue Sandahl, Mayor Pro Tempore; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Members Absent. Debbie Goettel, Mayor. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Wayne Kewitsch, l=ire Services Director; John Stark, Community Development Director; Jay Henthorne, Acting Public Safety Director; Pam Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; and Theresa Schyma, Deputy City Clerk. OPEN FORUM Daniel Kline, 6312 Portland Avenue, read a statement from his wife, Kathy Kline, in opposition to the proposed band shell in Veterans Memorial Park. Susan Myers, 6226 Fourth Avenue, representing Richfield Open Space, spoke in opposition to the proposed band shell in Veterans Memorial Park. PLEDGE OF ALLEGIANCE Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Elliot, S/Fitzhen 4 and (2) Reaular Motion carried 4-0. L Item #1 CONSIDERATION OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM CENTERPOINT ENERGY TO THE RICHFIELD FIRE DEPARTMENT FOR THE PURCHASE OF CARBON MONOXIDE DETECTORS AND A CARBON MONOXIDE OXIMETER (COUNCIL MEMO NO. 109) Council Meeting Minutes -2- June 24, 2014 Fire Services Director Kewitsch presented Staff Report No. 109. Kevin Joyce, CenterPoint Energy area manager, presented the Community Development Partnership Grant for $2,500 to Fire Services Director Kewitsch. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10944 RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT RECEIVED BY THE CITY OF RICHFIELD FIRE DEPARTMENT FROM CENTERPOINT ENERGY Motion carried 4-0. This resolution appears as Resolution No. 10944. Item #2 COUNCIL DISCUSSION • Hats Off to Hometown Hits Public Works Director Eastling spoke about the recent storm activity and the response from the Public Works Department. City Manager Devich discussed the storm sewer system in Richfield. Council Member Garcia mentioned that it would be nice if residents could monitor and clear the drains in front of their homes for any debris. Council Member Garcia announced the grand opening of the Lakewinds Co-op on June 28. Council Member Elliot gave an update on a recent meeting with the Mayor and city staff from Richfield and Edina regarding the Edina Comprehensive Plan and how it relates to the Richfield border. The Richfield consensus was to take a strong stance regarding increased density along soft borders. Council Member Elliot mentioned that the Richfield 4th of July Committee still needs volunteers for the upcoming celebration. Mayor Pro Tempore Sandahl invited Katie Robison, President of the Richfield 4th of July Committee, to talk about the activities planned during the celebration. Council Member Fitzhenry acknowledged the hard work by city staff during the recent storms. He further mentioned the great community effort seeing neighbors helping neighbors. Item #3 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Garcia to approve the agenda. Motion carried 4-0. Item #4 CONSENT CALENDAR A. Consideration of the approval of an annual request for a temporary on -sale intoxicating liquor license for the activities scheduled on July 4, 2014 for the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue S.R. No. 110 B. Consideration of the approval of an annual request for a community celebration event license and a temporary on -sale intoxicating liquor license, with a fee waiver, for the Fourth Council Meeting Minutes -3- June 24, 2014 of July Committee for the annual events scheduled at Veterans Memorial Park on July 1-5, 2014 S.R. No. 111 C. Consideration of approval of a resolution authorizing the lawful gambling premises permit application for the Fred Babcock VFW Post #5555 to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue S.R. No. 112 RESOLUTION NO, 10945 RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR FRED BABCOCK VFW POST #5555 TO CONDUCT LAWFUL GAMBLING AT THE MINNEAPOLIS -RICHFIELD AMERICAN LEGION POST #435 AT 6501 PORTLAND AVENUE SOUTH This resolution appears as Resolution No. 10945. D. Consideration of the approval of a resolution authorizing the execution of an amended Joint Cooperation Agreement between the City of Richfield and Hennepin County for the participation in the Urban Hennepin County Community Development Block Grant program for fiscal years 2015-2017 S.R. No. 113 RESOLUTION NO. 10946 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF RICHFIELD AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2015 -- 2017 This resolution appears as Resolution No. 10946. E. Consideration of the approval of an amendment to the commercial lease with the Minnesota Department of Transportation and amendment to the license agreement with the Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard S.R. No. 114 F. Consideration of the approval of setting a public hearing on July 22, 2014 regarding the issuance of new on -sale intoxicating and Sunday liquor licenses with the optional 2 a.m. closing for Last Call Operating Co 11, Inc., d/b/a Champps Americana, 790 66th Street West S.R. No. 115 M/Garcia, S/Fitzhenry to approve the Consent_ Calendar. Motion carried 4-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #6 CITY MANAGER'S REPORT None. Mayor Pro Tempore Sandahl read a letter from Mayor Goettel regarding the open forum process. Council Meeting Minutes -4- item #7 1 CLAIMS AND PAYROLLS M/Garcia, S/Fitzhenry that the following claims and payrolls be approved: ank Payroll: 102120-102496 TOTAL Motion carried 4-0. OPEN FORUM None. ADJOURNMENT 4 ... $ 705,034.04 $ 1,833,853.40 The City Council meeting was adjourned by unanimous consent at 7:33 p.m. Date Approved: July 8, 2014 Suzanne M. Sandahl Mayor Pro Tempore Theresa Schyma Steven L. Devich Deputy City Clerk City Manager June 24, 2014 REPORT PREPARED BY: AGENDA SECTION: CONSF,NT AGENDA ITEM # 4A REPORT # 116 STAFF REPORT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW OTHER DEPARTMENT REVIEW: REVIEWED BY CITY MANAGER: JULY 8, 2014 on STEVEN L. DEVICH, CITY MANGER NAMr•, T ME SIGNATURE ITEM FOR COUNCIL CONSIDERATION: City Council approval of special legislation authoring certain liquor sales at Junior Hockey League Games at the Richfield Ice Arena. I. RECOMMENDED ACTION: By Motion: Adopt a Resolution approving Chapter 240, Section 22 of the Laws of MN 2014 regarding Sale of liquor at the Richfield Ice Arena. 111. EXECUTIVE SUMMARY I In 2012, the City of Richfield was approached by an ownership group of a Junior League Hockey team, the Minnesota Magicians. Junior hockey is basically a semi- professional level of hockey that is somewhat similar to minor league baseball such as the St Paul Saints. The City and the Magicians ownership agreed on a partnership that would make the Richfield Ice Arena the teams' "Home Ice". As such, the team will play 28 home games at the Richfield Arena each season. The team ownership felt that it was critical for their attendance to be able to sell strong beer and wine at these games. However, current Minnesota Statutes do not allow for such sales without special legislation. In an effort to address that concern, Richfield sought this special legislation during the 2014 session through our state legislative representatives. Special legislation in the 07061ceArenaLiquor5ales form of Chapter 240, Section 22 of the laws of 2014 provided Richfield with the authority to provide for the sale of the desired alcoholic beverages during Junior Hockey League games and now must be approved by the Richfield City Council in order to become effective. IIY. BASIS OF RECOMMENDATION A. BACKGROUND • The Minnesota Magicians desired the ability to sell strong beer and wine at their home games. • The City of Richfield sought and obtained special legislation to authorize such sales. B. POLICY • The City must follow State Law in making the Special Legislation effective by taking formal action to approve it. C. CRITICAL TIMING ISSUES • The approval of this Special Legislation should be completed and filed with the MN Secretary of State before the start of the fall 2014 hockey season. D. FINANCIAL • There is no financial cost to the City to approve this Special Legislation. • The ability of hockey fans to purchase strong beer and wine should make the home game venue more inviting to many fans and ultimately contribute to the financial success of this venture. E. LEGAL • The City must formally approve the Special Legislation on or before 1115115 in order for this legislation to become effective. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) None V. ATTACHMENTS • MU5UIULICJII • Chapter 240, Section 22 of the Laws of 2014 • Mn Statutes 645.021 Special Laws VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION APPROVING THE PROVISIONS OF THE LAWS OF 2014, CHAPTER 240 AUTHORIZING THE ISSUANCE OF ON -SALE WINE AND ON -SALE MALT LIQUOR LICENSE FOR JUNIOR HOCKEY LEAGUE GAMES AT THE RICHFIELD ICE ARENA WHEREAS, the City of Richfield sought special legislation authorizing the sale of On -S W and On -S ML for Junior Hockey League (Semi -Professional Hockey) games at the Richfield Ice Arena; and WHEREAS, Special Legislation providing for said authority was introduced and considered by the Minnesota Legislature during the 2014 session; and WHEREAS, 2014 Minnesota Laws, Chapter 240, Section 22 authorized the City of Richfield to issue an on -sale wine license and an on -sale malt liquor license to the owner of a junior hockey league team or to a person holding a concessions or management contract with the city or team owner, for beverage sales at the Richfield Ice Arena; and WHEREAS, the special legislation is effective upon approval by a majority vote of the City Council and filing a certificate with the Secretary of State, all in accordance with Minnesota Statutes, section 545.021, subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield: 2014 Minnesota Laws, Chapter 240, Section 22 is hereby approved. 2. The City Clerk is authorized and directed to file with the Secretary of State a certified copy of this resolution along with the appropriate certificate in the form prescribed by the state attorney general. 3. City staff are authorized and directed to take all actions necessary to implement the special legislation. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of July, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 01912014 Chapter 240- Reusor of Statutes Sec. 22. CITY OF RICHFIELD; ON -SALE LICENSE. Notwithstanding my law or ordinance to the contrM. in addition to the number of licenses authorized. the cijy of Richfield may issue an on -sale wine license and an on -sale malt liquor license to a person who is the owner of a junior hockey leagUe team or to a person holding a concessions or management contract with the city or the team owl.}er, for bevera a sales at the Richfield Ice Arena. The licenses must authorize the dispensing of wine or malt liquor only to persons attending events at the arena for consumption on the remises. A license issued under this section authorizes sales on all days of the week to persons attending junior hockey league games at the arena. EFFECTIVE DATE.This section is effective Won timely compliance by the governing bodof the ci of Richfield and its chief clerical officer with Minnesota Statutes section 645.021 subdivisions 2 and 3. httpsJAm w.rerisor.rm.goW4awsl?year=2014&type=68Jaeywnrd_type=all&keyword=645.021&doctype=Chapter&id=240#laws.0.15.0 111 MINNESOTA STATUTES 2013 645.021 645.021 SPECIAL LAWS. Subdivision 1. Name required. A special law as defined in the Minnesota Constitution, article XII, section 2, shall name the local government unit to which it applies. If a special law applies to a group of local government units in a single county or in a number of contiguous counties, it shall be sufficient if the law names the county or counties where the affected units are situated. Subd. 2. Local approval required. A special Iaw shall not be effective without approval of the local government unit or units affected, except as provided in section 645.023. Approval shall be by resolution adopted by a majority vote of all members of the governing body of the unit unless another method of approval is specified by the particular special law. Subd. 3. Filing required. The chief clerical officer of a local government unit shall, as soon as the unit has approved a special law, file with the secretary of state a certificate stating the essential facts necessary to valid approval, including a copy of the resolution of approval or, if submitted to the voters, the number of votes cast for and against approval at the election. The form of the certificate shall be prescribed by the attorney general and copies shall be furnished by the secretary of state. If a local government unit fails to file a certificate of approval before the first day of the next regular session of the legislature, the law is deemed to be disapproved by such unit unless otherwise provided in the special law. Subd. 4. Previously enacted law. Laws 1959, chapter 368, does not apply to any special law heretofore enacted, whether or not it has been approved by the local government unit affected, but such unit shall file with the secretary of state a certificate of approval for such law as required in subdivision 3. History: 1959 c 368 s 1,2; 1979 c 176 s 1 Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. REPORT PREPARED BY: AGENDA SECTION: CONSENT AGENDA ITEM # 413 REPORT # 117 STAFF REPORT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: REVIEWED BY CITY MANAGER: JULY S, 2014 JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of a motion authorizing the Richfield Housing and Redevelopment Authority to act as the City's representative to conduct activities related to the demolition and environmental abatement of the former City Garage site. I. RECOMMENDED ACTION: By Motion: Authorize the Richfield Housing and Redevelopment Authority to act as the City's representative to conduct activities related to the demolition and environmental abatement of the former Citv Garaae site. II. EXECUTIVE SUMMARY In January 2014 both the Richfield City Council and the Richfield Housing and Redevelopment Authority (HRA) approved the environmental abatement and demolition of buildings on the former City Garage site and the former Gleason's Mortuary site. Both bodies also approved resolutions in January to establish an Interfund Loan from the City to the HRA for an amount of up to $300,000 to pay for costs associated with the environmental abatement and demolition. This Interfund Loan could potentially be repaid from Tax Increment Financing (TIF) proceeds if the site generated future TIF funds as a result of future redevelopment. 47062014 Garage Demoxxx In order to streamline the process and potentially realize a cost savings, staff is recommending that one body coordinate the process necessary to conduct the environmental abatement and demolition process. Since the HRA would be the recipient of the Interfund Loan and since the HRA would ultimately have to find that funds expended meet the requirements of "qualified TIF costs," staff is suggesting that the HRA would be the more logical choice to undertake this effort. III, BASIS OF RECOMMENDATION A. BACKGROUND • On January 14, 2014, the Richfield City Council unanimously approved a resolution approving the demolition of buildings and other improvements located on the former City Garage site. On January 22, 2014 the Richfield HRA approved a similar motion relating to the former Gleason's Mortuary site. • Both the City Council and HRA approved resolutions (on January 14 and 22, 2014 respectively) establishing an Interfund Loan from the City to the HRA to fund up to $300,000 in costs associated with environmental abatement and demolition on these sites. The Interfund Loan could potentially be repaid from TIF proceeds if the site generated future TIF funds as a result of future redevelopment. B. POLICY • The buildings in question have been deemed to be "substandard," and may pose a safety hazard. The City Council, HRA and staff all agree that it would be in the community's best interest to demolish the buildings. C. CRITICAL TIMING ISSUES • Demolition bid specifications are being finalized and it is hoped that the project can go out to bid this summer so that demolition can be completed before winter. D. FINANCIAL • The Interfund Loan from the City's Capital Improvement Reserve Fund to the HRA would fund all related activities up to a cost of $300,000. E. LEGAL • The City Attorney has confirmed that the City Council may delegate the HRA authority to act on its behalf in this manner. F. ENVIRONMENTAL CONSIDERATIONS • The demolition will include the removal and proper disposal of any contaminants contained within the structures, but will not remediate any surface or subsurface environmental contaminants. N. ALTERNATIVE RECOMMENDATIONS) • Request that the HRA defer coordination of demolition and related activities to the City, or; • Direct staff to have the City and HRA independently approve any actions related to the demolition of each site in separate actions. V. ATTACHMENTS • None. V1. PRINCIPAL PARTIES EXPECTED AT MEETING NA REPORT PREPARED BY: AGENDA SECTION: CONSENT AGENDA ITEM # 4C REPORT # 118 STAFF REPORT CITY COUNCIL MEETING JULY S, 2014 THERESA SCHYMA, DEPUTY CITY CLERK JF DEPARTMENT DIRECTOR REVIEW: iii J abs 1, , 'I OTHER DEPARTMENT REVIEW: ❑ NIA REVIEWED BY CITY MANAGER: 9 ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution appointing election judges for the August 12, 2014 Primary Election and the November 4, 2014 General Election. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing election judges for the August 12, 2014 Primary Election and the November 4, 2014 General Election. II. EXECUTIVE SUMMARY I The State Primary Election is on Tuesday, August 12, 2014 and the State General Election is on Tuesday, November 4, 2014. The City Clerk's office is updating and verifying the City's election judge availability list. All individuals who have previously served as an election judge, were on the list submitted to the County Auditor by the major political parties, or have expressed an interest in serving as an election judge were asked to complete an online election judge application. The attached resolution is the second list of election judges to be sent to the City Council. Election judges will be assigned to the precincts based on availability, party balance, and the number required for each election. The General Election will require assignment of the greatest number of available judges. 2014 election judges I III. BASIS OF RECOMMENDATION A. BACKGROUND Minnesota Statute 20413.21 Subd. 2 provides that election judges for precincts in a municipality small be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. B. POLICY The City Council is required by State Statute to make election judge appointments at least 25 days prior to the election. The proposed resolution contains names of those qualified individuals who have indicated a willingness and ability to serve as an election judge for the August 12, 2014 Primary Election and the November 4, 2014 General Election. C. CRITICAL TIMING ISSUES If the City Council does not appoint election judges, the conduct of the election would not be valid. D. FINANCIAL NIA E. LEGAL The City Council must appoint election judges to serve at these elections to comply with Minnesota Statute 20413.21, Subd. 2. The names come from a list of people who have indicated their interest in serving as an election judge to the County Auditor pursuant to the provisions of M.S. 20413.21 Subd. 1 and those who have previously served or indicated interest in serving. F. ENVIRONMENTAL CONSIDERATIONS None IV. ALTERNATIVE RECOMMENDATION(S) uncil could choose to who are not named in the resolution. V. ATTACHMENTS VI. PRINCIPAL PARTIES EXPECTED AT MEETING None other individuals as election judges RESOLUTION NO. RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF AUGUST 12, 2014 AND THE GENERAL ELECTION OF NOVEMBER 4, 20'14 WHEREAS, a State Primary Election will be held on Tuesday, August 12, 2014 and a General Election will be held on Tuesday, November 4, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said elections: James Alagna James Grant Sandra Menning-Glavan Joyce Anderson Rebecca Guarino Lee Monssen John Ashmead Mary Ann Ashmead Roger Guarino Robert Hall Richard Morey Isabelle Moulinier Carol Athey Mary Hayden Geraldine Nachicas Patricia Bailey Ruth Hiland Helen Nachicas Patricia Bates Mary Boespflug Merlin Hill Cheryl Hjortaas Linda Nemitz Janet Nyholm Reed Bornholdt Ilene Holen Marlene Odegard Marjorie Cain Janette Holter Joan Olinger Janice Carroll Jenee Honnigford Mary Olson Michele Cromer-Poire Kathy Johnson Robert Olson Jerry Cromer-Poire' Sita Johnson Ruby Olson Ellen Cutter David Dahl Janell Joyner Kalla Kalloway Monica Petrov Carolyn Ring Kathy Dahien Betty Lou Kamps Rick Robbins Marie Dallager Thomas Keegan Jeffrey Rundgren Eileen Davenport Sandra Decker Joseph Kenney Susan Kenney Margaret Schow Margaret Smith Carol Dozois Claire Killian Becky Spitzack Cindy Dubansky Elisabeth Kingdon Catherine Sullivan Liz Ekholm Nancy Lindberg Roger Swanson Betty Elenbaas Rick Loney Edward Thom Susanne Erickson Aleta Macon Myrtle Thom Denise Famodu Cynthia Mandl Doris Thorson Sheila Fitzgerald Mary Karen Marso John Twisk Mary Gagne Lawrence Martin Beatrice Van Liew Dennis Gillespie Paul Matuschek Robert Wells Judith Goebel Mary Gover Andrew May Karin McComb Marian Woolery Janelle Zeinelabdin PASSED by the City Council of the City of Richfield, Minnesota this 8th day of July 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk REPORT PREPARED BY: AGENDA SECTION: CONSENT AGENDA ITEM # 4D REPORT # 114 STAFF REPORT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: REVIEWED BY CITY MANAGER: JULY 89 2014 .IIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAmF, Dar la IRE ITEM FOR COUNCIL CONSIDERATION: Consideration of Contract Change Order #3 for the Richfield Ice Arena — 2013 Locker Room Addition Project in the amount of $4,092.00. I. RECOMMENDED ACTION: By Motion: Approve Contract Change Order #3 for the Richfield Ice Arena 2013 Locker Room Addition Project in the amount of $4,092.00. IL EXECUTIVE SUMMARY The City of Richfield authorized a contact with Derau Construction Inc. on November 12, 2014 for the construction of a locker room addition to the Richfield Ice Arena. Staff is recommending Council to approve Contract Change Order #3 in the amount of $4,092.00. In Items in Change Order #3 include: 1) Credit to revise roof flashing detail ($1,067.00) 2) Add two additional coats of paint at interior walls $2,905.00 3) Central photocell for light fixture $1,016.00 4) Add EMT conduit for fire alarm $965.00 5) Lower two light fixtures in office $270.00 TOTAL $4,092.00 0708 Arena Change Order 3 With Change Order #3 the new contract amount with Derau Construction is $557,628. BASIS OF RECOMMENDATION A. BACKGROUND Mike Klass of Wold Architects is providing supervision over the construction process of the project. He has conducted a thorough study of each change order item, including price verification. Details follow: GCPR#14 Credit (reduces contract amount) for roof flashing 1 067.00 Revision. GCPR#16 Costs to add two additional coats of gloss paint $2,905 00 At the interior walls. GCPR#18 Costs to provide a central photocell to light fixtures. 16.00 GCPR#19 Costs to add %" conduit for fire alarm wiring. $968.00 GCPR#20 Costs to lower two light fixtures in lieu of surface mount. Total Change Order #3 $4,092.00 B. POLICY Under the City's Purchasing and Spending Authority Policy, all contracts greater than $100,000 must be approved by the City Council. With Change Order #3 the new contract amount with Derau Construction is $557,628.00 and thus requires Council approval according to City policy. C. CRI TICALTIMI�GlSUES None D. FINANCIAL The construction budget for the project is as follows: Derau Contract $510,900 Construction Contingency (5%) $25,545 Architectural & Engineering $35,000 Reimbursables $2,000 Soil Survey $2,000 SACIWAC $15,000 Health Department Inspections Fee $500 Bid & Printing $2,500 Construction Testing $2,000 Special Structural Inspections $2,000 Fees & Testing Contingency 19 000 Total Project Budget $606,445 The amount of Change Orders #1, #2, and #3 exceeds the construction contingency, however, other items in the budget cost less than anticipated. The total estimated cost of the project to date including the change orders is $616,628. E. LEGAL N/A F. ENVIRONMENTAL CONSIDERATIONS NIA IV. ALTERNATIVE RECOMMENDA' None V. ATTACHMENTS AIA Document G701 — 2001 CHANGE ORDER (June 17, 2014) VI, PRINCIPAL PARTIES EXPECTED AT MEETING None 120 a reglet detail per PR #9. June 23, 2014 architects This item is associated with adding two additional engineers Jim Topitzhafer www.woldae.com City of Richfield 30sl.rl Pq,ei sl�ou 6700 Portland Avenue South LIN551V Richfield, Minnesota 55423 tel 651 '127 77,"j Re: City of Richfield fax 1,51 223 :645 Richfield Ice Arena -2013 Locker Room Addition n liv�iltidt .cunt Commission No. 132178 Dear Jim: Minnesota Illinois Michigan Colnrade Enclosed you will find Change Order #3 for work on the Richfield Ice Arena -- 2013 Locker Room Addition project. An itemized list of the items included is as follows: GCPR #14 This is a credit to revise the roof flashing detail to Credit ($1,067.00) Please sign the Change Orders and return all two (2) copies to my attention. Sincerely, WOLD ARCHITECTS AND ENGINEERS Michael W. Klass 11 Assoc. AIA, LEER AP Associate Enclosure cc: Dave Conrads, City of Richfield Emma Survis, Wald SS1CI_Richlield1132178lcrsp/Junl4 designers and researchers for public environments a reglet detail per PR #9. GCPR #16 This item is associated with adding two additional Add $2,905.00 coats of gloss paint at the interior walls. GCPR #18 This item includes a cost to provide a central Add $1,016.00 photocell to control Type B light fixtures. GCPR #19 The item includes costs to add 3/a" EMT conduit Add $968.00 for fire alarm wiring. GCPR #20 The item includes a cost to lower two light Add $270.00 fixtures, in the coach's office, in lieu of surface mount. Total Change Order 13 Add: $4,092.00 Please sign the Change Orders and return all two (2) copies to my attention. Sincerely, WOLD ARCHITECTS AND ENGINEERS Michael W. Klass 11 Assoc. AIA, LEER AP Associate Enclosure cc: Dave Conrads, City of Richfield Emma Survis, Wald SS1CI_Richlield1132178lcrsp/Junl4 designers and researchers for public environments -= Document G701 7M -2001 Change Order RECD 11,V' " 0. JUN 20 2014 Arcriitecrs C1,`10 PROJECT (Name and address): CHANGE ORDER NUMBER: Three (3) OWNER: ❑ Richfield lee Arena -20I3 Locker Room DATE: June 10, 2014 ARCHITECT: ❑ Addition 636 East 66th Street CONTRACTOR: ❑ Richfield, Minnesota 55423 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 132178 FIELD: ❑ Derau Construction CONTRACT DATE November 13, 2013 OTHER: ❑ 1061 East Cliff Road CONTRACT FOR: General Construction Burnsville, Minnesota 55337 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) GCPR #14 Credit (51,067,00) GCPR#16 Add $2,905,00 GCPR#18 Add $1,016.00 GCPR 019 Add $968.00 GCPR 420 Add $270.00 TOTAL CHANGE ORDER NO.3 Add $4,092.00 The original Contract Sum was $ 510,900.00 The net change by previously authorized Change Orders $ 42,636.00 The Contract Sum prior to this Change Order was $ 553,536.00 The Contract Sum will be increased by this Change Order in the amount of $ 4,092.00 The new Contract Sum including this Change Order will be $ 557,628.00, The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is March 28, 2014 NOTE: This Change Order does not include changes in the Contract Stun, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers Derau Construction City of Richfield n ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 305 Saint Peter Street Saint Paul, Minnesota 55102 ADD S�� BY (Signature) &f(Ux�L KLASSK1.dS ' (Typed name) 6 /I Fly DATE 1061 Bast Cliff Road Burnsville, Minnesota 55337 ADDIES BY ( gno re) (Type name) 6 !-2 AZ/ DATA 6700 Portland Avenue South Richfield, Minnesota 55423 ADDRESS BY (Signature) (Typed name) DATE AIA Document G701 T" — 2801. CopyrightrD 1979, 1987, 2ao0 and 2001 by The American institute or Architects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dislrlbution ofthls Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 09:49:41 on 06110/2014 under Order Nc.5509766679_1 which expires on 01124/2015, and Is not for resale. User Notes: (1915760487) REPORT PREPARED BY: AGENDA SECTION: PUB. HEARING AGENDA ITEM # 6 REPORT # 120 STAFF REPURT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: REVIEWED BY CITY MANAGER: JULY S, 2014 JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR I NAME, TME SIGNAMW ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider an appeal of the Community Development Director's decision to require the installation of an odor control system as a condition for allowing certain commercial cooking equipment at 6722 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Deny the Appeal of the Community Development Director's decision to require the installation of an odor control system as a condition for allowing certain commercial cooking uipment at 6722 Penn Avenue. II. EXECUTWE SUMMARY in September of 2013 the City Council granted site plan approval for an adult day care serving up to 29 persons at 6722 Penn Avenue. Initial plans for the day care included a modest kitchen and food was to be catered into the location rather than prepared on site. The applicant has since requested a modification to internal building plans to allow on-site food preparation using a range to fry foods. The Zoning Code requires mitigation of environmental effects, including odors that will be detrimental to the comfort of surrounding properties. City practice is to require that restaurants and food preparation facilities which use intensive cooking equipment (such as deep -fat fryers, baking ovens, grills and ranges) and are 070814 - PH 6722 Penn appealxxx adjacent to residential uses install odor control devices. The applicant's site is adjacent to single-family residential homes and staff has informed the applicant that she can make the requested modifications to the kitchen only if an odor control system is added. Staff also informed the applicant that no odor control devices would be required if the kitchen was to be equipped with less intensive cooking equipment (such as microwave ovens or convection/microwave combination ovens, sandwich presses, warming ovens or steaming ovens). City Code allows an individual to appeal the decision of the Community Development Director if they can demonstrate that there has been "an error in any order, requirement, decision, or determination made by the Director in the interpretation or enforcement of [the City] Code." The applicant, Yi U You, made such an appeal on .dune 8, 2014 (letter attached). The applicant has stated that they intend on cooking only two meals per day for a total cooking time of two hours. If the cooking equipment were installed, however, staff would have no authority to dictate the number of meals that were prepared nor how many hours per day the equipment is operated. The applicant also states that meals would only be prepared for 20 — 29 people. It would be difficult to prevent the kitchen from being used to prepare food for more than 29 people or from the preparation of additional food for off-site consumption. The City would also have no control over the types of cuisine (which produce varying degrees of odor) that were prepared in the kitchen. Over the past twenty-five years, the City has dealt with numerous complaints from residential areas regarding the odors from adjacent restaurants. During that time staff has applied a consistent and standard practice that any commercial kitchen using intensive cooking devices must install odor control devices when they are located adjacent to a residential property. Staff recommends that this standard continue to be followed. III. BASIS OF RECOMMENDATION FA:BACKGROUND Food -related odor issues first came to the City's attention int 986 as a result of odors produced at Champ's restaurant and have consistently been addressed since that time. Odor concerns are frequently mentioned by residents at public hearings related to proposed restaurants. Conditions related to odor control are typically stipulated in approval documents (resolutions); however, the proposed changes were not brought to staffs attention until after the use itself had been approved. • The preparation of two meals per day for up to 29 people is comparable to the cooking that would be done at a small restaurant rather than an individual family, as stated by the applicant. B. POLICY The Zoning Code prohibits operations that cause the emission of odor in such concentrations as to be detrimental to comfort. • City staff has required odor control for restaurants adjacent to residential properties for many years. Systems to mitigate odors vary in cost based on the type of food that is to be prepared. C. CRITICAL TIMING ISSUES NIA D. FINANCIAL • NIA E. LEGAL • As required by City Code, a mailed notice was sent out to all properties within 350 feet of the subject property. • Notice of this public hearing was published in the Sun Current Newspaper in accordance with City and State requirements. F. ENVIRONMENTAL CONSIDERATIONS Intensive odors could be considered a form of air pollution. IV. .ALTERNATIVE RECOMMENDATION(S� Grant the applicant's appeal and overturn the Community Development Director's decision; this could set a precedent for future application of odor control requirements. V. ATTACHMENTS Appeal letter from the applicant. VI. PRINCIPAL PARTIES EXPECTED AT MEETING Yi Li You, Applicant. City Council 6700 Portland Ave. Richfield, MN 55423 (612)861-9700 www ci nchfield.mn Dear City Council: Yi Li You,LSW CSSC 6722 Penn Ave S. Richfield, MN 56423 Email:yiliyou@insn.com Phone: 952-200-8972 June 8, 2014 I am the executive director of Chinese Social Service Center. We plan to set up the senior adult day center located on 6722 Penn Ave S. Richfield. City gave us permission a year ago. But the only thing we like to change is from catering food to cook food in the center. We know the requirement of building the hood, make up air system, etc for the safety concern if we need to install the stove top in. However Richard and John require us to build "an odor control system" in our small kitchen to prevent food smell from going out. I checked most kitchen equipment stores. They all replied that they never heard of such requests. Hence they never have this kind of equipment on their stock. I googled it online: found such system usually used in hospitals, nursing facilities or big restaurants to prevent urinal smell, etc. For our senior adult day center, we only serve seniors less than 29 and only cook 2 meals (breakfast and lunch) per day, no dinner absolute. The total cooking time is 2 hours per day at most. Where will much odor come out? I told John about this situation. He told me: we should hire a mechanical engineer to design the odor control system for our kitchen. Think of it: does it make sense that we hire someone to design the odor control system for our small kitchen which only cook 2 meals per day that serve about 20 people and the cooking time is 2 hours per day max? if we run as a restaurant, we will comply to this rule or restriction without a problem. That will cook for about 10 hours per day. Richard and John also concerned that we may go beyond what we claimed for the kitchen use in future. This should be rest assured. Our landlord restrict us from changing our business to anything that is similar to a restaurant, because landlord doesn't want to see their renters compete to each other, since there is a restaurant a block away, rent under same landlord. Richard and John also concerned that if we may not rent the building and not run the center in future, future user of the building may use the kitchen for their use, which city has no way to control it. This can be assured: we will dismantle the kitchen facility and take it with us if we don't use the building anymore in future. With all these considerations, do you think we really need to build the ordor control system? Plus we are a small business organization. It is hard for us to afford for such system. Does City of Richfield want to encourage small business to flourish? Or want to suppress them? We wish city council can waive this "requirement" for us? Thank you very much for your attention and kindness, Sincerely Yours, Yi Li You, LSW E. D. CSSC AGENDA SECTION: OTHER BUS. AGENDA ITEM # 7 REPORT # 121 J STAFF REPORT CITY COUNCIL MEETING JULY 89 2014 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAAir, Tin DEPARTMENT DIRECTOR REVIEW: lCiNA7T 1 OTHER DEPARTMENT REVIEW: 0 NIA REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for additional City funding of the Richfield Community Band Shell in the amount of $75,000. RECOMMENDED ACTION: By Motion: Consider the request for additional City funding of the Richfield Community Band Shell in the amount of $75,000. II. EXECUTM SUMMARY Rick .labs, Chair of the Band Shell Task Force will present a status report of the Task Force's progress with planning the design of an outdoor performance facility and fundraising efforts. After conducting the initial fundraising task over the past few months, the group has secured about $75,000 in pledges. In doing so, the Task Force has reconsidered its estimate of fundraising proceeds and has revised the total project budget to $400,000. The Task Force learned that the City of Hopkins has constructed a quality but modest outdoor performance facility well within that budget. The group feels that it is possible to do the same in Richfield if we were to delay the purchase of sound & lighting equipment, storage and/or other items the Architect identifies during conceptual design. These items could be considered in the future when additional funds are acquired through continued fundraising. As a result, the Task Force is 0813 Temporary Beer License recommending the City Council appropriate an additional $75,000 to assure minimal funding of the Band Shell. The Task Force is prepared to continue its fundraising efforts to be used to accommodate some of the options recommended by the architect. BASIS OF RECOMMENDATION EA.:�BACKGROUND City Council discussed the formation of a new group of volunteers to raise funds and finalize plans for a community band shell at a study session on January 28, 2014. During the discussion, Council selected Veterans Memorial Park as the future site of the community band shell and later passed a resolution declaring Veterans Park as the future site of the Band Shell on February 11, 2014. A Band Shell Task Force was assembled and began meeting in February, 2014. The voluntary citizen's task force was tasked to: i. Determine the best location in Veterans Park for the band shell. ii. Recommend an architect and a design concept. iii. Conduct a community fund drive to raise an additional $750,000. The Taskforce began fundraising efforts right away and secured about $75,000 of pledges. The Taskforce has revised its estimate of fundraising proceeds to $75,000, but will continue fundraising efforts to fund items such as lighting & sound equipment and storage. As a result, the revised total project budget of the band shell is: City Contribution (2015 CIP) $250,000 Additional City Contribution $75,000 Task Force Fundraising Proceeds 75 000 Total Project Budget $400,000 The Task Force is prepared to continue its fundraising efforts to be used to accommodate some of the options recommended by the architect, such as sound & lighting equipment and storage. B. POLICY Under the City's Purchasing and Spending Authority Policy, all expenditures greater than $100,000 must be approved by the City Council. C. CRITICAL TIMING ISSUES The anticipated project schedule is as follows: Council consideration of Architect Contract July, 2014 Complete Concept Plans October, 2014 Conduct Public Meeting October, 2014 Council Consideration of Project November, 2014 Complete Construction Documents February, 2015 Bid Project March, 2015 Consider Award of Contractor Contract April, 2015 Begin Construction May, 2015 Complete Construction September, 2015 D. FINANCIAL • Funding for the project comes from two sources, a City contribution from liquor store proceeds in the amount of $250,000 and the remaining from fundraising efforts. The original goal to raise $750,000 was expected to include $500,000 from foundations and $250,000 from citizens, local businesses and corporations. The $500,000 from foundations has not materialized and research suggests that these grants favor operational and program projects over capital projects. To date, the taskforce has been successful in raising $75,000 from citizens, but indications are that they cannot reach the goal of $250,000. Based on funding status, the Task Force has reduced its total project cost to $400,000 and is requesting an additional contribution from the City in the amount of $75,000. • All fundraising costs will be funded directly from fundraising proceeds. EE.��LEG�AL None F. ENVIRONMENTAL CONSIDERATIONS • The Band Shell Taskforce is committed to protecting wildlife. To date the Taskforce has checked in with Minnesota Audubon and officials at the Non Game Wildlife Division at the DNR. These wildlife experts raise no concerns about the plans to have a band shell as it is currently sighted on the east side of the Ice Arena. The structure represents no violations to the Migratory Bird Act or to the Wetlands Act. They informed the Taskforce that research also shows that urban birds are not measurably affected by noises produced by humans. The Taskforce does intend to have the band shell facing away from the wetland and plant native shrubs around it as a part of its desire to create a beautiful facility in our community. Furthermore, the design will include an orientation that will strive to minimize the impact on the surrounding wildlife and neighborhoods. I IV. ALTERNATIVE RECOMMENDATION(S) I Reject the request for additional funding and direct the Task Force to continue efforts in fundraising to achieve a total of $150,000. V. ATTACHMENTS None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING David Butler, Fundraising Volunteer AGENDA SECTION: OTHER BUS. AGENDA I'T'EM # 8 REPORT # 122 W- STAFF REPORT CITY COUNCIL MEETING JULY 89 2014 JIM TOPITZHOPER, RECREATION REPORT PREPARED BY: SERVICES DIRECTOR AVAMr, TMI.r DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: REVIEWED BY CITY MANAGER: ID 9;v2- � src, (rrtr ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the agreement with BentzlThompson/Rietow, Inc. to perform professional services for the concept design of a community band shell, in the amount of $18,000. RECOMMENDED ACTION: By Motion: Approve the attached agreement with Bentz/Thompson/Rietow, Inc. to perform professional services for the concept design of a community band shell, in the amount of $98,000. II. EXECUTIVE SUMMARY The Band Shell Task Force distributed a Request for Proposal to focal architects with previous experience designing band shells in Minnesota to recruit qualified architects for the design of a community band shell in Richfield. Three proposals were received and the Band Shell Task Force selected Bentz[Thompson/Rietow (BTR) as the preferred architect firm. nai Park Band SheilmlYand designecontracted d the theCity Redwing to design Redwing's Ce Harriet Band Shell and Plymouth's Hilde Performance Center. Design of Richfield's band shell will be in two phases. The first phase will include conceptual plans and site plan drawings of the facility and grounds that include a covered outdoor performance stage to accommodate a 50 person group, outdoor 0813 Temporary Beer License seating area for a minimum of 300 people, and access trails. BTR's fee for these services will be $18,000. Also included in the first phase of design are: • Soil testing and soils evaluation. • Confirm compliance with City Noise Ordinance. • Identify and address community concerns about impact to wildlife. • Conduct one public meeting, present recommendations to the Community Services Commission, and present recommendations to the City Council; including the cost of all presentation materials. • Provide estimates of total project costs. The second phase includes the preparation of final plans and specifications, bidding documents and construction supervision. This phase of design is dependent on Council approval of the project and the City is not under any obligation to compensate BTR further if the Council decides not to proceed with the project. Should the Council decide to proceed with the project, BTR's fee will be 17% of the total construction cost, which includes the $18,000 conceptual design fee, however, the City reserves the right to select for the Citther y cont for any nceptual plans and and BosR is not guaranteed any additional tY estimates have been presented. The revised budget for the band shell is: Total Construction Budget $340,326 Design Cost (17% of above)5$9674 (includes $18,000 conceptual design fee). Total Project Budget $400,000 III. BASIS OF RECOMMENDATION A. BACKGROUND • City Council discussed the formation of a new group of volunteers to raise funds and finalize plans for a community band shell at a study session on January 28, 2014. During the discussion, Council selected Veterans Memorial Park as the future site of the community band shell and later passed a resolution declaring Veterans Park as the future site of the Band Shell on February 11, 2014. A Band Shell Task Force was assembled and began meeting in February, 2014. The Band Shell Task Force developed and distributed a Request for Proposal to local architects with previous experience designing band shells in Minnesota to recruit qualified architects for the design of a community band shell in Richfield. Three proposals were received from Bentz/Thompson/Rietow, Inc., MSR Design, Inc. and Buetow 2 Architects, Inc. The Taskforce began fundraising efforts right away and secured about $75,000 of pledges. The Taskforce has revised its estimate of fundraising proceeds to $150,000. As a result, unless the Council should decides to increase the City contribution, the revised total project budget of the band shell is: City Contribution (2015 CIP) $250,000 Task Force Fundraising Proceeds15$ 0,000 Total Project Budget $400,000 It is advantageous for the City to retain BTR to perform the second phase of design should the Council decide to proceed with the project. The City may negotiate a contract afterwards with BTR for preparation of plans and specifications, bid documents, and construction management. However, the City reserves the right to select another consultant for any reason, and BTR is not guaranteed any additional work for the City after conceptual plans and cost estimates have been presented. B. POLICY Under the City's Purchasing and Spending Authority Policy, all contracts from $25,000 to $100,000 must be approved by the City Council. �CRJITICAL TIMING ISSUES The anticipated project schedule is as follows: Council consideration of Architect Contract July, 2014 October,2014 Complete Concept Plans October, 2014 Conduct Public Meeting F 4 November, 201 Council Consideration of Project Novemovem Complete Construction Documents March, y, 2201 2 Bid Project 15 Consider Award of Contractor Contract April, 2015 May, 2015 Begin Construction September, 2015 Complete Construction D. FINANCIAL Funding for the project comes from two sources, a City contribution from liquor store proceeds in the amount of $250,000 and the remaining from fundraising efforts. The original goal to raise $750,000 was expected to include $500,000 from foundations and $250,000 from citizens, local businesses and corporations. The $500,000 from foundations has not materialized and research suggests that these grants favor operational and program projects over capital projects. To date, the taskforce has been successful in raising $75,000 from citizens, but indications are that they cannot reach the goal of $250,000. Based on funding status, the Task Force has reduced its total project cost to $400,000. All fundraising costs will be funded directly from fundraising proceeds. E. LEGAL The City Attorney reviewed and prepared revisions to the agreement. F. ENVIRONMENTAL CONSIDERATIONS The Band Shell Taskforce is committed to protecting wildlife. To date the Taskforce has checked in with Minnesota Audubon and officials at the Non Game Wildlife Division at the DNR. These wildlife experts raise no concerns about the plans to have a band shell as it is currently sighted on the east side of the ice Arena. The structure represents no violations Taskforce that research also shows that uto the igratory Bird Act or to the rban Act. They informed t birds are not measurably affected by noises produced by humans. The Taskforce does intend to have the band shell facing away from the wetiand and plant native shrubs around it as a part of its desire to create a beautiful facility in our community. Furthermore, the design will include an orientation that will strive to minimize the impact on the surrounding wildlife and neighborhoods. IV. ALTERNATIVE RECOMMENDATIONS) Reject the agreement and delay the construction of the band shell. However, fundraising efforts have already begun and a delay in construction may negatively impact future fundraising efforts. V. ATTACHMENTS AIA Document B101 - 2007 Standard Form of Agreement Between Architect and Owner. VZ. PRINCIPAL PARTIES EXPECTED AT MEETING Ann Voda, Architect, BentzlThompson/Rietow, Inc. Rick Jabs, Band Shell Task Force Chair AIA Document B101TM -2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 3rd day of July in the year 2014 (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Richfield 6700 Portland Ave. Richfield, MN 55423 Telephone Number: 612-861-9394 Fax Number: 612-861-9388 and the Architect: (Name, legal status, address and other information) Bentz/Thompson/Rietow, Inc. 801 Nicollet Mall Suite 801 Minneapolis, MN 55402 Telephone Number: 612-332-1234 Fax Number: 612-332-1813 for the following Project: (Name, location and detailed description) Richfield Bandshell Veteran's Park Richfield, MN The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under I the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES OWNER'S RESPONSIBILITIES COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Infbrmation, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's hudget for the Cost of the Work, authorized representatives, anticipated procurement method, and other infbrmation relevant to the Project.) The Richfield Community Band Shell Taskforce is a citizen based taskforce dedicated to fostering, building and improving the hometown community spirit in the City of Richfield by researching and recommending concept and design (to the City Council) a band shell located in Veteran's Park. The project budget for the band shell is approximately $400,000 and is dependent on the amount of funds raised by the Taskforce. The band shell is to be located on the 66" Street side of Veteran's Park and is intended to provide citizens an outdoor facility where they can experience & enjoy the arts in various forms. The construction budget is $340,326. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: May, 2015 .2 Substantial Completion date: September, 2015 AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost. The Architect shall furnish proof of insurance confirming that it has procured the foregoing required insurance coverages prior to execution of this Agreement. Such proof shall also confirm that the insurer has agreed that it will not cancel the insurance without giving the Owner thirty (30) days advance written notice of its intent to cancel. The Architect shall likewise demand from its consultants proof of insurance meeting the foregoing requirements as a condition precedent to their engagement to perform services on the Project.: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability $1M per occurrence; $2M annual aggregate .2 Automobile Liability $1M combined single limit each accident .3 Workers' Compensation $500k each accident; $500k each employee; $500k policy limit .4 Professional Liability $2M per claim; $2M annual aggregate ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. AIA Document B101 TM — 2007 lformerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult tenth the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Subject to the requirements of Sections 2.2 and 3.6.2.1, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance -,ith the requirements of the Contract Documents. s. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims by the Contractor as provided in the Contract Documents. . § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review, and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that arc consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 43, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Omer to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Omer shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit) AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Programming (B202TM-2009) § 4.1.2 Multiple preliminary designs § 4.1.3 Measured drawings § 4.1.4 Existing facilities surveys § 4.1.5 Site Evaluation and Planning (B203TM-2007) § 4.1.6 Building Information Modeling (E202T`M-2008) § 4.1.7 Civil engineering § 4.1.8 Landscape design § 4.1.9 Architectural interior Design (B252TM-2007) § 4.1.10 Value Analysis (B204TM-2007) § 4.1.11 Detailed cost estimating § 4.1.12 On-site Project Representation (B207TM-2008) § 4.1.13 Conformed construction documents § 4.1.14 As -Designed Record drawings § 4.1.15 As -Constructed Record drawings Owner § 4.1.16 Post occupancy evaluation § 4.1.17 Facility Support Services (B210TM-2007) § 4.1.18 Tenant -related services § 4.1.19 Coordination of Owner's consultants § 4.1.20 Telecommunications/data design § 4.1.21 Security Evaluation and Planning (B206TM-2007) § 4.1.22 Commissioning (13211Tm-2007) § 4.1.23 Extensive environmentally responsible design § 4.1.24 LEEDS' Certification (B214TM-2012) § 4.1.25 Fast-track design services § 4.1.26 Historic Preservation (B205TM-2007) § 4.1.27 Furniture, Furnishings, and Equipment Design (13253TM-2007) 4.3.1.9 Evaluation of the qualifications of bidders or persons providing proposals; Architect 4.3.1.9 § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, more than two (2) public presentations, meetings, or hearings. The Architect's attendance at two (2) public presentations, meetings, or hearings shall be included in the Architect's Basic Services.; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of instruments of Service, except that the Architect's Basic Services shall include preparing Change Orders or Constructive Change Directives when the need therefor arises from the Architect's error or omission.; .4 Evaluating more than five (5) Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor after construction bids have been accepted and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: 1 ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 ( ) visits to the site by the Architect over the duration of the Project during construction .3 ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 ( ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Fifteen ( 15 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf only with respect to specific matters delegated to the representative in writing by the City Council. In no event shall the Owner's representative have authority to agree to any adjustments in the Contract Sum or Contract Time, unless expressly authorized to do so in writing by the City Council.. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official AIA Document B101 TM — 2007 lformerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. In the event of termination, the Owner's non-exclusive license to use the Instruments of Service shall be governed by Section 9.8 . § 7.3.1 In the event and in cases where the Instruments of Service are completed, revised, altered or otherwise modified by anyone other than Architect after the Owner is no longer using Architect's services, the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is commenced, the parties agree to mediate before any dispositive motions or trial. § 8.2.2 § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of 'competent jurisdiction.) AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and tiled tenth the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER (Paragraph deleted) § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Except for amounts that are the subject of a good faith dispute,"if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. if the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums that are not the subject of a good faith dispute due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 if the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document B101 TM — 2007 lformerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 In the event of Termination, and upon payment to the Architect of all sums due that are not the subject of a good faith dispute, the Owner and its designated agents and consultants, shall have a non-exclusive license to use the Architect's, and its consultant's, Instruments of Service, documents, data, and records relating to the Project, in the condition they were in on the date of Termination, for the limited purpose of completing, operating, and maintaining the Project. The Architect's contracts wrath its consultants shall incorporate provisions whereby its consultants agree to be bound by the terms of this section. Upon request, the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instruments of Service, documents, data, and records relating to the Project, and the Owner shall reimburse the Architect and its consultants for their reasonable copying and clerical expenses therefor. Refer to article 7.3.1.. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific AIA Document B101 TM — 2007 lformerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. 10.9 Pursuant to Minnesota Statutes § 16C.05, Subd. 5, Architect agrees that the books, records, documents, and accounting procedures and practices of Architect, that are relevant to the contract or transaction, are subject to examination by the Owner and the state auditor for a minimum of six years. Architect shall maintain such records for a minimum of six years after final payment. 10.10: Pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act ("MGDPA"), Minnesota Statutes Chapter 13, and Architect must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are available from the Owner. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) 17% of the construction cost = $59,674 which shall include the expenses for electronic presentation materials for Community meetings and City Council presentations § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: (Insert amount of,' or basis far, compensation. ff necessary, list specific services to which particular methods of compensation apply.) Hourly not to exceed a pre -negotiated limit § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of,' or hasis.far, compensation.) 17% of the construction cost of the change or Hourly not to exceed a pre -negotiated limit § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Zero percent ( 0 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase 1 Eighteen Thousand percent ( Fixed sum %) $18,000 Design Development Phase percent ( 10 %) Construction Documents percent ( 40 %) Phase Bidding or Negotiation Phase percent ( 5 %) Construction Phase percent ( Remainder to %) full fee AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) Total Basic Compensation 17% of construction estimate one hundred percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. If the Architect's Basic Services are not completed within 14 months of execution of this Agreement, commencing with the 15"' month, the hourly billing rates set forth on the attached rate sheet shall increase 2.5%. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Attached Exhibit 1 Employee or Category Rate § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Omer; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( 0 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE (Paragraph deleted) In the event this Agreement is terminated, the Owner's rights to use the Architect's Instruments of Service shall be governed by § 9.8. Refer to Article 7.3.1 § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. it shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid ( ) days after the AIA Document B101 TM — 2007 lformerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) § 11.10.3 The Owner shall not writhhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect. The Owner's right, if any, to offset sums due the Architect shall be governed by applicable law. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document Bl 0 TM -2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List other documents, ifany, includingExhihitA, Initial Information, andadditional scopes ofservice, if any, forming part of the Agreement.) Exhibit 1 Hourly Rates This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) ARCHITECT (Signature) Ann Voda AIA Principal (Printed name and title) (Signature) Bob Zimmerman AIA Principal (Printed name and title) AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) Additions and Deietions Report for AIA@ Document 8101 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:17:43 on 07/03/2014. PAGE 1 AGREEMENT made as of the 3rdday of Judy in the year 2014 City of Richfield 6700 Portland Ave. Richfield, MN 55423 Telephone Number: 612-861-9394 Fax Number: 612-861-9388 (Name, legal status, address and other information) Bentz/Thompson/Rietow, Inc. R(I Nicnllef Mall I:fRlilll Minneapolis, MN 55402 Telephone Number: 612-332-1234 Fax Number: 612-332-1813 Richfield Bandshell Veteran's Park Richfield, MN PAGE 2 The Richfield Community Band Shell Taskforce is a citizen based taskforce dedicated to fostering, building and improving the hometo Am community pirit in the City of Richfield by researching and recommending concept and design (to the City Council) a band shell located in Veteran's Park. The project budget for the band shell is approximately $400,000 and is dependent on the amount of funds raised by the Taskforce. The band shell is to be located on the 66" Street side of Veteran's Park and is intended to provide citizens an outdoor facility where they can experience & enjoy the arts in various forms. The construction budget is $340,326. Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) May, 2015 September, 2015 PAGE 3 § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional eest:cost. The Architect shall furnish proof of insurance confirming that it has procured the foregoing required insurance coverages prior to execution of this Agreement. Such proof shall also confirm that the insurer has agreed that it will not cancel the insurance withoutig ving the Owner thirty (30) days advance written notice of its intent to cancel. The Architect shall likewise demand from its consultants proof of insurance meeting the foregoing requirements as a condition precedent to their engagement to perform services on the Project.: $1M per occurrence; $2M annual aggregate $1M combined single limit each accident $500k each accident; $500k each employee; $500k policy. limi $2M per claim; $2M annual agacgatc PAGE 6 § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the We fk iief shall the n..ehiteet Work. Subject to the requirements of Sections 2.2 and 3.6.2.1, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. s. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. PAGE 7 § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the n.,.., of a - by the Contractor as provided in the Contract Documents. . PAGE 8 § 3.6.6.5 Upeii f equest ofr the ownef, a Prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) PAGE 9 § 4.1.15 As -Constructed Record drawings I Owner PAGE 10 4.3.1.9 Evaluation of the qualifications of Architect 4.3.1.9 bidders or persons providing proposals, .7 Preparation for, and attendance at, a public fw sent.,tion meeting eT heaFing;more than two (2) public presentations. meetinis. or hearinis. The Architect's attendance at two (2) public presentations. meetings, or hearings shall be included in the Architect's Basic Services.; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 >~.,.,lu tie ef.1,e ,,alifie-atians-of bidQefs of pefsens pf eviding prepes-als; Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Serviee�Service, except that the Architect's Basic Services shall include preparimi Chamic Orders or Constructive Chance Directives when the need therefor arises from the Architect's error or omission.: Evaluating .,,, extensive .,,,m bef of more than five (5) Claims as the Initial Decision Maker; Evaluating substitutions proposed by the Owner or Contractor after construction bids have been accepted and making subsequent revisions to Instruments of Service resulting therefrom; or § 4.3.4 If the services covered by this Agreement have not been completed within Fifteen ( 15 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 11 § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf 7.,;+>, fespeet to the p fejeet onlv with respect to specific matters delcizated to the representative in writimi by the Citv Council. In no event shall the Owner's representative have authoritv to aeree to anv adiustments in the Contract Sum or Contract Time. unless expressly authorized to do so in writing by the City Council.. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.11 The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. PAGE 13 § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. if tn ehit et .-ig tall,, t ...,,in tes this Agr-eetnetit foF eatise as pt:ovided in Seetion 9.4, the license gm-nted in this Section 7.3 shall In the event of termination, the Owner's non-exclusive license to use the Instruments of Service shall be governed by Section 9.8. § 7.3.1 In the event and in cases where the Instruments of Service are completed, revised, altered or otherwise modified by anyone other than Architect after the Owner is no longer using Architect's services, the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 8. 1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement wnthin the period specified by applicable law, btA in . .law. § 8.1.3 The Mehiteet and Ownef waive eonsequential damages thF elaims, disputes of otheF tnaaeFs in question i i — § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to Inediation as a condition pf-ecedent to binding dispute r-esolution. if stieh matter Felates to oF is the subject of a lien mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is commenced, the parties agree to mediate before any dispositive motions or trial. § 8.2.2 them by mediation whieh, tmiess the pafties mutually agf ee othefNN4se, shall be administef ed by the Amerie eemplaint of othef appf opfiffte dema-fid fef binding dispute f eseltttieii but, in sudi evetit, mediatiett shall pFeeeed ift ff em the deAe of filing, unless stayed faf a lengef pefied by agf eement ef the paffies of e0ifft Of def. if a -H afbitfatie PAGE 14 Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) § 9.1 If -Except for amounts that are the subject of a good faith dispute,"if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums that are not the subject of a good faith dispute due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. PAGE 15 § 9.8 of feet n..t:reio ' ;�a co t: '' °.In the event of Termination, and upon payment to the Architect of all sums due that are not the subject of a good faith dispute, the Owner and its desi ated agents and consultants, shall have a non-exclusive license to use the Architect's, and its consultant's, Instruments of Service, documents, data, and records relating to the Project, in the condition they were in on the date of Termination, for the limited purpose of completing, operating, and maintaining the Project. The Architect's contracts with its consultants shall incorporate provisions whereby its consultants agree to be bound by the terms of this section. Upon request, the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instruments of Service, documents, data, and records relating to the Project, and the Owner shall reimburse the Architect and its consultants for their reasonable copying and clerical expenses therefor. Refer to article -7.3. 1. . § 10.1 This Agreement shall be governed by the law of the place where the Project is rooted; exeeptt'�the —pafties ;located. PAGE 16 10.9 Pursuant to Minnesota Statutes 16C.05, Subd. 5, Architect agrees that the books, records, documents, and accounting procedures and practices of Architect, that are relevant to the contract or transaction, are subject to examination by the Owner and the state auditor for a minimum of six years. Architect shall maintain such records for a minimum of six years after final payment. 10.10: Pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act ("MGDPA"), Minnesota Statutes Chapter 13, and Architect must comply wrath those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are available from the Owner. 17% of the construction cost = $59,674 which shall include the expenses for electronic presentation materials for Community meetings and City Council presentations Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) Hourly not to exceed a pre -negotiated limit 17% of the construction cost of the change or Hourly not to exceed a pre -negotiated limit § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Zero percent ( 0 %), or as otherwise stated below: Schematic Design Phase 1 Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase PAGE 17 Total Basic Compensation Eighteen Thousand percent ( Fixed sum %) $18,000 percent ( 10 %) percent ( 40 %) percent ( 5 %) percent ( Remainder to %) full fee 17% of construction estimate one hundred percent ( 100 %) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. If the Architect's Basic Services are not completed within 14 months of execution of this Agreement, commencing with the 15'h month, the hourly billing rates set forth on the attached rate sheet shall increase 2.5%. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Attached Exhibit 1 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( 0 %) of the expenses incurred. the Af ehiteet's Instfuments of SeyNziee solely f-ef pttfpeses of eampleting, using aiid maintaining the Pf ej eet as follows: In the event this Agreement is terminated, the Owner's rights to use the Architect's Instruments of Service shall be governed by § 9.8. Refer to Article 7.3.1 § 11.10.1 An initial payment of ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. PAGE 18 Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the tialess the �4ehiteet agf ees of has been found liable faf the ameu-pAs in a binding disptAe f eseltAien pf eeeeding. Architect. The Owner's right, if any, to offset sums due the Architect shall be governed by applicable law. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the O,%v ner at mutually convenient times. Exhibit 1 Hourly Rates Ann Voda AIA Principal Si anature Bob Zimmerman AIA Principal (Printed name and title) Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) Certification of Document's Authenticity AIA® Document D401 TM —2003 1, Ann Voda, hereby certify, to the best of my knowledge, information and belief, that i created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:17:43 on 07/03/2014 under Order No. 5550857193-1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA`' Document B101TM — 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shorn in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:17:43 on 07/03/2014 under Order No.55508571931 which expires on 08/01/2014, and is not for resale. User Notes: (1768446069) BEST Z / THOMPSON / RIESOW ARCHITECTURE - URBAN DESIGN - PLANNING - INTERIORS EXHIBIT I July 3, 2014 Richfield Bandshell City of Richfield, MIN BTR Project 1426.00 2014 Hourly Rate Schedule Bentz /Thompson /Rietow, Inc. Staff Level Principal Senior Architect Architect Design/Technical Staff -I Design/Technical Staff -11 Design/Technical Staff -III Administrative Type Rate per Hour $150.00 $125.00 $110.00 $ 80.00 $ 68.00 $ 60.00 $ 55.00 BENTZ/THOMPSON/RIETOW, INC. - 801 Nicollet Mall, Suite 801 - Minneapolis, Minnesota 55402 (Phone) 612.332.1234 (Fox) 612.332.1813 - www.btr-orchitects.com REPORT PREPARED BY: AGENDA SECTION: OTHER BUS. AGENDA ITEM # 9 REPORT # 1213 STAFF REPORT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: REVIEWED BY CITY MANAGER: JULY 89 2014 CHERYL KRUMHOLZ, EXEC. COORDINATOR NAmr:. T1TIS ® NIA $!(iNA7TIRli Ji ITEM FOR COUNCIL CONSIDERATION: Consideration of an appointment to a City advisory commission. I. RECOMMENDED ACTION: By Motion: Approve the appointment to fill vacant terms on a City advisory commission. II. EXECUTIVE SUMMARY In January 2014, the City Council made several appointments to the various City advisory commissions. However, there continue to be some three-year term and some mid -year term vacancies following those appointments, including the Human Rights Commission, Friendship City Commission, and Arts Commission. An applicant was interviewed at a Special City Council Meeting on July 8, 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • In January, 2014 the City Council made several appointments to the various City advisory commissions. • There continue to be some vacancies on the commissions. 0708Comms15i0nxxx The City Council continues to accept applications and interviews all applicants. B. POLICY The City advisory commissions were established by City ordinance or resolution. C. CRITICAL TIMING ISSUES Interviews were conducted at a Special City Council Meeting on July 8, 2014. Terms are effective upon appointment. I7. FINANCIAL NIA E. LEGAL The Special City Council Meeting was posted in accordance with the open meeting law requirements. F. ENVIRONMENTAL CONSIDERATIONS NIA IV. ALTERNATIVE RECOMMENDATION(S) The City Council could defer the appointment to a future City Council Meeting. V. ATTACHMENTS Vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. COMMISSION VACANCY ARTS COMMISSION FRIENDSHIP CITY COMMISSION HUMAN RIGHTS COMMISSION VacListC 7:21 AM 06/30/14 Term Expires January 31, 2017 January 31, 2017 January 31, 2016 January 31, 2015 January 31, 2015 January 31, 2017 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2017 January31, 2015